Terms and conditions

  1. General; scope of application
    1. The following General Terms and Conditions (hereinafter also "GTC") of Enote GmbH, Gontardstrasse 11 Berlin, 10178 Berlin (hereinafter also "enote", "we", "us") regulate the use of the enote App (hereinafter also "App") and the contractual relationship between enote on the one hand and you (hereinafter also "user", "you") on the other hand.
    2. Please note that for certain services we offer, further conditions may apply which supplement these GTC. We will notify such conditions to you separately in each applicable case. In the event of a deviation between these GTC and further conditions, these further conditions shall take precedence over these GTC, unless expressly stipulated otherwise. Please read these GTC carefully before using our App.
    3. The application of general terms and conditions of users or other contractual partners is excluded. Deviating, conflicting or supplementary terms and conditions of users or other contractual partners shall only become part of the contract if and insofar as we have expressly agreed to their validity.
    4. In addition, terms and conditions of the Apple App Store ("App Store") shall apply, to which the user has agreed.
    5. The use of the App requires your consent to these GTC.
  2. Subject matter of the contract and scope of services
    1. Description of functions

      The App gives you access to an extensive range of digital sheets of music, as well as the ability to annotate sheets of music, create, and save your own sound recordings. You can use our App free of charge ("Trial Version"). In the Trial Version, however, not all functions of the App are available to you in their entirety. In particular, only the first two pages of sheets of music are usually displayed.

      The full use of the App requires the conclusion of a Subscription ("Subscription") in accordance with Section 3.

      The App grants access to our extensive library of digital sheets of music. enote does not, however, guarantee a certain scope of the offer, or that certain composers, compositions, editions or other content will be provided. We may extend or restrict offered content at any time during the period of use. This does not affect the services that you have already bindingly ordered.

      The search function, the scoreviewer and the mylibrary function are available both in the Trial Version and with a Subscription. The search function allows you to search the enote library for classical music using metadata. The scoreviewer allows the digital display of sheets of music and the mylibrary function allows the user to save his favorite sheets of music in his account to find it later more easily.
    2. Account
      To take out a Subscription, the user must first set up a personal user account ("Account") via the App. In doing so, the user must provide his full name and e-mail address, among other things. All information provided when creating an Account must be accurate and truthful and must be updated by the user if the actual circumstances change. The user must treat all information connected with his Account confidentially, i.e. he may never disclose his Account ID and password to third parties.
    3. Digitisation of private sheets of music

      Through this App you have the possibility to create a digital private copy of your private sheets of music to use within the App. Please note the following, unless the sheets of music are in the public domain:
      - For the private copy, a legally acquired copy of a sheet of music must be used as a template and
      - the copy is made solely by the user for his own use and
      - (a) the production of the copy serves the purpose of inclusion in an internal archive, if and to the extent that reproduction is required for this purpose, or (b) the work has been out of print for at least two years.

      Please note that a permitted private copy is only available if all of the above conditions are met. Otherwise, non-publicly available sheets of music may be a copyright violation and thus also a violation of these GTC. enote does not check the compliance with these requirements, but merely provides the user with the technical means to create his own copy.
  3. Prices and payment
    1. The use of the Trial Version is free of charge.
    2. For the full use of all functions of the App within the scope of use described under point 2, a Subscription is required. You can choose between a monthly Subscription and an annual Subscription. The current prices are displayed in the App before the booking process.
    3. You make your payments to us via the App Store. The costs for booked and chargeable services must be paid in advance and are due immediately after enote has accepted your order. The costs will only be debited within the scope of the App Store payment option.
    4. Payment for the monthly or annual Subscription is made periodically in advance for the respective period.
  4. Registration, conclusion of contract
    1. We offer our services to all natural persons with full legal capacity (as a rule, they must be at least 18 years old).
    2. The booking of chargeable services becomes binding only after we have expressly accepted the order you placed. In this respect, the relevant offers made by us in the App only represent invitations to place orders that still require separate acceptance by enote.
  5. Term and termination
    1. The contract between enote and the user for the Trial Version has no fixed term and can be terminated by the user at any time by deleting the App from his device.
    2. Paid Subscriptions have generally a limited term and are automatically renewed at the end of the basic term or the renewal period by the original period, unless they are cancelled before the end of the basic term.
    3. Cancellations can be made via the App Store settings. To manage your Subscriptions, you must go to the App Store Account settings and select the list of your active Subscriptions.
    4. The right to extraordinary termination by both parties remains unaffected. In particular, we reserve the right to temporarily block the use in case of a suspicion of misuse or other breaches of contract, and, in case of a justified suspicion, to terminate the contract (as far as possible and reasonable after prior warning).
    5. If you terminate the contract, you will no longer have access to the Subscription functions of the App. We will also cancel your Subscription data if you do not decide to continue your Subscription.
  6. Right of withdrawal
    1. If you are a consumer within the meaning of § 13 BGB, you have a statutory right of withdrawal with the following proviso:

      Withdrawal instruction
      Right of withdrawal

      You have the right to withdraw from this contract within fourteen days without giving any reason.
      The withdrawal period will expire fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform us,

      Enote GmbH,
      Gontardstrasse 11,
      10178 Berlin,
      Phone: + 49 30408172539, e-mail: info@enote.com
      by an unequivocal statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, which is not mandatory. In order to meet the withdrawal deadline, it is sufficient for you to send the communication concerning your exercise of the right of withdrawal before the withdrawal period period has expired.

      Consequences of revocation

      If you withdraw from this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (other than any additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), without undue delay and in any event no later than fourteen days from the date on which we receive notice of your withdrawal from this Agreement. For this refund, we will use the same means of payment that you used for the original transaction, unless you have expressly agreed otherwise; in no case will we charge you any fees for this refund.

      If you have requested that the services be commenced during the withdrawal period, you shall pay us a reasonable amount which is in proportion of the services already provided by the time you have informed us of the exercise of the right of withdrawal in respect of this Agreement compared to the total scope of the services provided for in the Agreement.
  7. Our relationship with you; obligations of the user
    1. You are responsible for providing the hardware and Internet access required to use our services.
    2. You may not engage in any unlawful activities and/or violate any applicable laws, including but not limited to
      (a) violate the rights of third parties, such as in particular copyrights, trademarks and personal rights of third parties
      (b) use scraping or similar techniques to compile content, use it for another purpose, republish it or use it in any other way without written permission from enote; and/or
      (c) techniques or use automated or other services designed to misrepresent user activity, such as by using bots, botnets, scripts, apps, plug-ins, extensions or other automated means to register accounts, play content, send messages, post comments or otherwise act in a manner that misrepresents user activity.
    3. The services of enote may only be accessed using the App provided by enote.
  8. Property rights and your rights of use
    1. Our App and all related software, databases, graphics, user interfaces, designs, and other content, names, labels, and trademarks are protected by copyright, trademark and other proprietary rights. In relation to you, enote is the sole owner and beneficiary of all intellectual property rights. The foregoing does not apply to the notes, as far as they are public domain material.
    2. Under the condition of compliance with these GTC and other applicable provisions, enote grants you the non-exclusive and non-transferable right to use the App and the services offered therein (hereinafter "services") as permitted by enote. The right of use expires at the end of the agreed period of use and can be limited or revoked by enote at any time with regard to the Trial Version. In particular, the user is not entitled (i) to give the App or its access to third parties, in particular to rent, lend, reproduce, resell or otherwise distribute or pass on the App or its access; (ii) to use the App or services to develop other services; (iii) to activate and use functionalities of the App or the services for which no rights of use have been granted to him; (iv) to change, translate, copy, decompile, decompile the source code of the App, to examine its functions, except to the extent permitted by law; (v) to remove, conceal or change legal references, in particular to industrial property rights.
    3. If you make your own content available (e.g. by annotating or digitizing your own sheets of music), you commission us to store your content within the App in its current or future form according to the terms of these GTC.
    4. By uploading content, the user grants us the non-exclusive right to use the content, unlimited in terms of time and place (but revocable at any time) and otherwise limited to the use of the content for the purpose of making it available on the App. This granting of rights includes in particular the right to storage as well as the right of editing associated with the configuration, formatting, technical processing and transmission and display of the content on (also mobile) end devices. You are also aware that the technical processing and transmission of our services, including the content you have entered, may make it necessary to carry out transmissions over various networks and/or make technical changes in order to meet the technical requirements of connected networks or other technical facilities.
  9. Responsibility for own contents; guarantee of rights
    1. The responsibility for all content stored or transmitted by users using the App lies solely with the respective user. As a matter of principle, enote will not be informed in advance. Should we nevertheless become aware that user content impairs the rights of third parties, violates our GTC, applicable law, legal and official prohibitions or offends against common decency, we reserve the right to delete such content at our own discretion and without stating reasons with immediate effect and/or to block the respective user from the App.
    2. You warrant to us that you own all necessary rights with respect to the content for which you use the App for storage and/or transmission and that no rights of third parties, of whatever nature, are infringed upon by such content, nor any legal provisions and the provisions of these GTC. If you yourself are not the owner of the rights to any content posted by you, you guarantee that you have effectively obtained all necessary transfers of rights, licenses, permissions and consents. In the event that you breach any warranty or these GTC, you shall indemnify us in accordance with clause 10 against any liability to third parties and hold us fully harmless.
  10. Indemnification
    The user indemnifies enote from all demands and claims made by other users or third parties due to or in connection with content that the user in question stores and/or transmits within the framework of the App, or that are made due to the use of the App or due to violations of these terms of use or of the rights of third parties. This also includes reasonable attorney and court fees. In the event of a claim by third parties, the user also agrees to provide enote truthfully and completely with all information necessary or useful for the examination of the claims and a defense.
  11. Confidentiality; data protection
    1. Any collection and processing of personal data is carried out in strict compliance with the applicable legal provisions. You can find more detailed information in our data protection declaration. The collection and use of your personal data is based on the contract concluded between you and us and, if necessary, the consent obtained from you.
    2. enote is obligated to treat all information that becomes accessible to it in connection with the use of the App as strictly confidential and to pass it on exclusively in accordance with the relevant data protection regulations.
  12. Warranty; availability
    The App is provided with an annual availability of 90.00 %. Excluded from the aforementioned availability are (a) periods of non-availability due to maintenance; (b) periods of non-availability due to circumstances beyond enote's control, including force majeure, as well as (c) periods of non-availability, if and to the extent caused by the user.
  13. Liability
    1. In the event of intent or gross negligence on the part of enote, a legal representative or vicarious agent of enote, enote shall be liable in accordance with the statutory provisions. The same applies in the event of injury to life, body or health, in the event that enote has assumed a guarantee, or liability under the Product Liability Act.
    2. In the case of damage to property and financial losses caused by enote, a legal representative or vicarious agent of enote through slight negligence, enote shall only be liable in the event of a breach of an essential contractual obligation, but the amount of liability shall be limited to the damage foreseeable and typical for the contract at the time of conclusion of the contract. Essential contractual obligations are those whose fulfilment is essential for the proper execution of a contract and on whose compliance the parties to the contract can regularly rely. Otherwise, enote's liability is excluded.
    3. Insofar as enote renders services free of charge, enote shall only be liable, in addition to the liability pursuant to the above paragraph 13.1, for damages caused by gross negligence or intent.
    4. The aforementioned exclusions or limitations of liability shall also apply with regard to the liability of enote's employees, workers, staff, representatives and vicarious agents, in particular in favour of the shareholders, staff, representatives, organs and their members with regard to their personal liability.
  14. Changes to the services and the GTC
    1. Changes in services: We reserve the right to change, restrict and discontinue the services we offer at any time, unless this is unreasonable for the users. We further reserve the right to adapt or change the services, as far as
      (a) the changes or adjustments are only beneficial to the users, or
      (b) the amendments or adaptations necessary to comply with applicable law, in particular where the applicable law changes, or to comply with a court judgment or administrative decision, or
      (c) if the changes or adjustments do not have a significant impact on the functions of the services or are of a purely technical or organisational nature.
    2. Changes to the general terms and conditions: We further reserve the right to change our GTC at any time, unless this is not reasonable for the users. In case of a change of the GTC we will inform you about the changes at least 4 weeks by means of a push notification within the App or via e-mail. If you do not object within this 4-week period and reopen the App, the amended GTC are deemed to be accepted with effect for the future and become part of the contract at the time they come into effect. We will inform you of the effect of the silence and the significance of the 4-week period in the notification containing the amended terms.
    3. Furthermore, we reserve the right to adapt or change the GTC, as far as
      (a) the changes or adjustments are only beneficial to the registered users, or
      (b) the changes or adaptations necessary to comply with applicable law, in particular where the applicable law changes, or to comply with a court judgment or administrative decision,
      (c) if the changes or adjustments do not have a significant impact on the functions of the services or are of a purely technical or organisational nature, or
      (d) this concerns additional, completely new services or performances which require a description in the GTC, unless this would be detrimental to the current user relationship.
  15. Other provisions
    1. This contract is subject exclusively to the law of the Federal Republic of Germany, excluding international private law and the UN Convention on Contracts for the International Sale of Goods. If the user is a consumer, he is nevertheless also entitled to the protection of the mandatory provisions of the law that would be applicable without this clause according to Art. 6 para. 2 of Regulation (EC) 593/2008.
    2. Should individual provisions of these GTC be or become invalid in whole or in part, the remaining provisions of the GTC shall remain valid. In the event of such invalidity, the invalid provision shall be replaced by the applicable legal provision.
    3. Notes on dispute resolution: We are not obliged to take part in dispute resolution proceedings before a consumer arbitration board and do not participate in such proceedings. The European online platform for the settlement of disputes http://ec.europa.eu/consumers/odr/ contains information on alternative dispute resolution (note: we are not currently participating in this programme).

Version: 1.0, Date: 2020-10-01