1. Introduction

Thank you for using Maestro Amadeus services ("Services"). These Maestro Amadeus Terms of Service ("Terms") cover your use and access to our services, client software and websites.

This document covers your use of and access to our services and Your Content, and outlines your responsibilities when using our software and services.

By using Maestro Amadeus it is required of you to agree to the Terms and our Privacy Policy. Please read them carefully. If you do not understand the Terms, or do not accept any part of them, then you should not use Maestro Amadeus. The rules on what you may and may not do with the Services are set out in Section 7.

The Services are provided by MAESTRO AMADEUS d. o. o. ("Maestro Amadeus", "we", "us"), Ulica škofa Maksimilijana Držečnika 6, 2000 Maribor, Slovenia. You can reach us at info@maestroamadeus.com.

2. Your Content

When you engage with our Services, you entrust us with your valuable data, collectively referred to as ("Your Content"). Our Services empower you to upload, store, send, and receive various types of content, granting you the flexibility to maintain full ownership and control over it. Your intellectual property rights remain intact for the content you provide. This includes files, file metadata, song details such as artists and titles, setlists, and other relevant data. Everything that belongs to you remains unequivocally yours.

Furthermore, our enhanced functionality allows you not only to manage Your Content but also to create groups and share content within those groups. You have the autonomy to curate and administer these groups, enabling a more tailored sharing experience.

It is essential to underscore your responsibility for both your conduct and the content stored within Maestro Amadeus. Your usage must align with our Terms, which you must adhere to. We want to be unequivocally clear that we do not claim any rights to Your Content, except for the limited rights essential for us to provide our Services effectively.

You grant Maestro Amadeus a limited, non-exclusive, royalty-free licence to host, store, back up, reproduce and technically process Your Content – including through our service providers acting on our instructions – solely to the extent necessary to provide the Services to you and your workspace at your direction, including automatic recognition of sheet-music details from text excerpts of your uploads, separation and assignment of parts, rendering for on-screen display and printing, and synchronisation across your devices. This licence exists only to operate the Services, ends when you delete the content or your account (subject to backup latency and the annotation provision below), and does not permit us to use Your Content to promote our business or to develop unrelated products.

Annotation layers you share with a group (draft or published) are licensed to that group's workspace for as long as the group exists, so that other members can continue to use them after you leave the group or delete your account. Retained annotation layers are anonymised – permanently disconnected from your name and account – as described in our Privacy Policy.

You represent and warrant that you own, or have obtained all licences, consents and permissions necessary to, upload, store, reproduce, print, annotate, share within your workspace, and otherwise use each item of Your Content through the Services – including any sheet music, scores, arrangements, recordings and playback files – and that your use does not and will not infringe the copyright, moral rights or other rights of any third party. You are solely responsible for determining whether your use is licensed (including any collecting-society or publisher licence required in your country) or permitted by an applicable copyright exception.

3. Sharing Your Content

Our Services facilitate the seamless sharing of Your Content among your authorised devices and enable you to share Your Content with designated groups and members within those groups. It is essential to clarify that you retain full ownership of Your Content, even when sharing it with others. To share Your Content within the Services, you must possess all the necessary rights and permissions to do so. Please be aware that certain content within the Services may be protected by the intellectual property rights of others.

When sharing Your Content, you have the flexibility to specify groups and the members you wish to include in those groups, ensuring that your content remains accessible only to the individuals you've authorised within your chosen groups. This added layer of control helps you manage the dissemination of Your Content effectively, while still preserving your ownership rights.

4. Copyright, Notices and Repeat Infringement

We respect the intellectual property rights of others and ask that you do so as well. We do not review Your Content, so please do not assume that we do. We may remove or refuse to display content that we reasonably believe violates our policies or the law, including in response to notices submitted under this Section. Separately from any action we take, an owner or administrator of a group can remove posts and comments within the group they administer, including those written by other members; removed items are deleted for the whole group and are not recoverable. That is content management by the group itself, and it is not review by Maestro Amadeus.

Reporting illegal content or infringement:

If you believe content in the Services is illegal or infringes your rights, send a notice to info@maestroamadeus.com. So that we can act on it, please include:

• a sufficiently substantiated explanation of why you consider the content to be illegal or infringing;
• the exact electronic location of the content, such as the URL or the workspace, score and page where it appears;
• your name and email address, unless the notice concerns certain offences against children, where you may report anonymously;
• a statement that you believe in good faith that the information in your notice is accurate and complete.

We will confirm receipt of your notice without undue delay, decide on it in a timely, diligent and non-arbitrary way, and tell you the outcome. Where we remove or restrict access to content, or restrict an account, we give the affected person a statement of the reasons for that decision.

Repeat infringement:

We may remove or disable access to content upon receiving a valid notice under this Section. If your account is repeatedly the subject of valid infringement notices, we will warn you and, if the conduct continues, terminate your account. In serious cases – such as manifestly deliberate or large-scale infringement – we may suspend or terminate immediately. You may ask us to review a removal or termination decision by contacting info@maestroamadeus.com, and we will respond with reasons.

Your responsibility for claims:

To the maximum extent permitted by applicable law, you agree to indemnify Maestro Amadeus against third-party claims, and the reasonable costs directly arising from such claims, to the extent the claim arises from (a) your breach of the warranty in Section 2, (b) Your Content infringing a third party's rights, or (c) your material violation of these Terms. This obligation does not apply to the extent a claim results from our own conduct, and nothing in this Section limits any statutory rights you have as a consumer.

5. Intellectual Property

The Services and their original content, features, and functionalities are, and will remain, the exclusive property of Maestro Amadeus. The Services are protected by copyright, trademark, and other laws of both the European Union and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Maestro Amadeus.

6. Your use of our Services and Your Responsibilities

You must be at least 15 years old to use the Services, or the higher minimum age that applies in your country, unless a parent or legal guardian has consented to your use.

In order to use our Services you will need to provide us your email address and password. You are responsible for the activity that happens on your account. Try not to reuse your Maestro Amadeus password on other third-party services. Do not share your account credentials or give others access to your account.

Your Conduct. Don't misuse Maestro Amadeus services. You may use them only as permitted by the law, including applicable export and re-export control laws and regulations. We do not proactively review conduct or content in our Services, but we may examine specific conduct or content when it is reported to us, when we receive a notice under Section 4, or when we have another concrete reason to believe these Terms are being violated.

Our services are also available on mobile devices. Do not use our Services in a way that distracts you and prevents you from following safety laws.

7. Software and Acceptable Use

You agree not to misuse our Services or help anyone else to do so. For example, you must not even try to do any of the following in connection with the Services:

• Probe, scan, or test the vulnerability of any system or network.
• Breach or otherwise circumvent any security or authentication measures.
• Access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you have not been invited to.
• Interfere with or disrupt any user, host, or network; for example by sending a virus, overloading, flooding, spamming or mail-bombing any part of the Services.
• Access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk).
• Send unsolicited communications, promotions or advertisements, or spam.
• Send altered, deceptive or false source-identifying information; including "spoofing" or "phishing".
• Promote or advertise products or services other than your own without appropriate authorization.
• Abuse referrals or promotions to get more storage space than deserved.
• Circumvent storage space limits.
• Sell the Services unless specifically authorized to do so.
• Publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence.
• Advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability or impairment.
• Harass or abuse Maestro Amadeus personnel or representatives, or agents performing services on behalf of Maestro Amadeus.
• Violate the law in any way; including storing, publishing or sharing material that is fraudulent, defamatory or misleading.
• Violate the privacy or infringe the rights of others.
• Use the Services to distribute content to the public, or to share content with persons outside a workspace you belong to.
• Upload content that you have no right to use.

Uploading content you have no right to use, or using the Services to distribute content to the public, is a material breach of these Terms.

Some of our Services allow you to download client software which may update automatically. So long as you comply with these Terms, we give you a limited, non-exclusive, non-transferable, revocable license to use the client software, solely to access the Services. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so. You may not copy, modify, distribute, sell, or lease any part of Maestro Amadeus or included software.

8. Beta Services

If you are included in our beta program, you can use products and features that we are still developing and testing. Those Services have been marked as beta and may not be as reliable as production services, so please keep that in mind. Also keep in mind that we have all rights to delete Your Content in beta Services (Your Content which you provided in the beta program) in order to assure faster development of the Services. By using the beta Services you agree with these Terms.

9. Paid Accounts and Services

To access our cloud services, an account with us is a prerequisite. Here's what you need to know about our Paid Accounts and Services.

Account types:

• Free account: You cannot use our services without an account. Upon registration, you automatically receive a free account that provides limited access to our features.
• Pro Individual Plan: For access to all premium features and increased storage limits, you can subscribe to the Pro Individual Plan.
• Standard Individual Plan (Legacy): The Standard Individual Plan is no longer available for new subscriptions. Existing Standard subscribers retain access to their plan and may continue to use it under the terms in effect at the time of their subscription. Existing Standard subscribers may upgrade to the Pro Individual Plan or downgrade to a free account at any time.
• Group Subscription Plan: Collaborate seamlessly with other group members by subscribing to group plans. The cost of a Group Subscription Plan will be determined by the size tier you select based on the number of members in your group.

Subscribing:

You can conveniently purchase a subscription through our software clients or website. When you first subscribe to an Individual or Group subscription, you'll enjoy a generous 14-day free trial period.

Subscription Management:

• Your Subscription Plan will remain active until you cancel, downgrade, or it is terminated under these Terms.
• You have the flexibility to cancel or downgrade your Individual or Group Subscription Plan at any time within your Maestro Amadeus user account settings. Your changes will take effect from the next billing period after your current service term concludes.
• In the event of non-payment, we reserve the right to downgrade your subscription plan.
• You are responsible for any applicable taxes, and we will apply taxes as required by law.

Legacy and Grandfathered Plans:

• Certain subscription plans may be retired or closed to new subscribers from time to time. Existing subscribers to a retired plan ("Grandfathered Plan") will continue to have access to the features and terms associated with that plan for as long as they maintain an active subscription.
• Grandfathered Plan subscribers may upgrade to a currently available plan or downgrade to a free account at any time. However, once a Grandfathered Plan is cancelled or downgraded, it cannot be resubscribed to.
• We reserve the right to discontinue a Grandfathered Plan with no less than 30 days' advance notice. In such cases, affected subscribers will be given the option to transition to an available plan or cancel their subscription.

Pricing and Subscription Plan Changes:

• We may modify subscription plans and pricing; however, we will provide you with advance notice of these changes.
• Changes to subscription plans and prices will come into effect after your current service term expires, coinciding with the next payment due date following the notice.
• We ensure a minimum of 30 days' notice before implementing any price increases or storage plan reductions.
• If we provide you with less than 30 days' notice, the change will not take effect until the payment period subsequent to the next due date.
• Should you choose not to continue with the updated storage plan or price, you have the option to cancel or downgrade your Paid Subscription at any time within your Maestro Amadeus settings or subscriptions provider store settings (Google Play and App Store).

We strive to offer flexibility and transparency in our subscription services, ensuring you have the tools and information needed to make the best choices for your needs.

10. Termination and discontinuation of Services

You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services with prior notice to you if:

(a) you are in breach of these Terms,
(b) you are using the Services in a manner that would cause a real risk of harm or loss to us or other users.

We will provide you with a reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity, on request, to receive a copy of Your Content from the Services. If after such a notice you fail to take the steps we ask of you, we will terminate or suspend your access to our Services. We will not provide notice before termination where:

(a) you are in material breach of these Terms,
(b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users,
(c) we are prohibited from doing so by law.

If we decide to discontinue our Services, we will give you at least 60 days' prior notice. During this notice period, you will have the opportunity to request a copy of Your Content. After the end of this 60 day period you will not be able to access Your Content. We believe that you own Your Content and preserving your access to such content is important.

11. If You Use the Services as a Consumer

If you use the Services as a consumer, nothing in these Terms limits or excludes: (a) your statutory rights where the Services do not conform to the contract, including the remedies provided by law for digital content and digital services; (b) our liability for damage caused intentionally or by gross negligence; (c) our liability for death or personal injury; or (d) any other liability that cannot be limited or excluded under the law of your country of residence. Subject to the above, our total liability for damage caused by ordinary negligence is limited to the amount you paid for the Services in the twelve months before the event giving rise to the claim, or €50 if you use a free tier.

12. If You Use the Services for Business

If you use the Services in the course of a trade, business or profession: the Services are provided with reasonable skill and care but otherwise without warranties beyond those expressly stated; our total aggregate liability is limited to the fees you paid in the twelve months preceding the claim; and neither party is liable for indirect or consequential loss, or loss of profits, revenue or data – except that nothing limits liability for intent or gross negligence, and your obligations under Sections 2 and 4 are not subject to this cap.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Republic of Slovenia. If you are a consumer, you additionally benefit from any mandatory provisions of the law of your country of residence, and nothing in these Terms affects your right to bring or defend proceedings in the courts of that country. For business users, the courts of the Republic of Slovenia have exclusive jurisdiction.

14. About these Terms

We may update these Terms for the following reasons: changes in law or regulatory requirements; new, changed or discontinued features of the Services; security, technical or operational needs; or changes to our pricing structure. We will post updated Terms on this page with a revised date. Where changes materially affect your rights, we will display a notice on our website and, where acceptance is required, ask you to accept the updated Terms before continuing to use the Services. If you do not wish to accept updated Terms, you may stop using the Services and terminate your account free of charge at any time before they take effect for you. The version you have accepted continues to govern until you accept a later version.

These Terms control the relationship between Maestro Amadeus and you. They do not create any third party beneficiary rights.

If you do not comply with these Terms, and we do not take action right away, this does not mean that we are giving up any rights that we may have (such as taking action in the future). If it turns out that a particular term is not enforceable, this will not affect any other terms.

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