We are BASE FOR MUSIC, a simplified joint-stock company registered with the RCS of Paris under number 851 675 173, with headquarters located at 148 rue du Faubourg Poissonnière 75010 Paris. You can contact us at the following address:
We offer digital marketing agency services as a lever for music promotion and the creation of advertising campaigns for artists (the "Services") through the Base for Music platform, accessible at the address https://www.baseformusic.com (the "Platform").
As such, we offer to define and implement a digital strategy as well as to optimize, distribute, and track your advertising campaigns (the "Advertising Campaigns") notably through your accounts on social networks (the "Third-party Sites").
Our general conditions (the "General Conditions") constitute the sole document governing our contractual relationship and define: the terms of use of our Platform and our Services, our obligations and yours.
You can find them through a direct link at the bottom of the Platform.
You accept the General Conditions by checking a box in the registration form, or when you order Services. If you do not accept all of our General Conditions, you cannot access our Platform or Services. They may be supplemented by specific conditions, which, in case of contradiction, prevail over the General Conditions. Some specific Services may be subject to a commercial proposal (the "Commercial Proposal") detailing the price of said Services and the conditions of their performance. In case of contradiction with the General Conditions, the Commercial Proposal prevails.
All payments made through the Platform are managed by the payment service provider indicated on the Platform (the "Payment Service Provider"). You contract directly with the Payment Service Provider regarding the implementation of these payments, by accepting these general conditions through a checkbox on the Platform. If the Payment Service Provider refuses or terminates your subscription, you cannot / can no longer use our Services. Conversely, the end of our contractual relationship terminates your contract with the Payment Service Provider.
In case of contradiction between the general conditions of the Payment Service Provider and our General Conditions, the latter prevail.
You expressly authorize us to transmit to the Payment Service Provider all your instructions relating to payments made on the Platform.
(i) You are a legal entity acting through a natural person with the power or authorization required to contract on your behalf and for your account. (ii) You have the status of:
You can subscribe to our standard Services as part of the "Freemium" offer (the "Freemium Offer").
You must complete the form provided for this purpose on the Platform and provide us with all the information marked as mandatory. Registration automatically opens an account in your name (the "Account") which allows you to access our Services using your login ID and password.
From your Account, you can subscribe to additional features indicated on the Platform (the "Additional Services") in the form of a subscription (the "Subscription").
The different Subscription formulas are indicated on the Platform. The Additional Services to which you have access depend on the Subscription formula you have selected and are detailed on the Platform.
To subscribe to a Subscription, you must complete the form provided for this purpose on the Platform, from your Account, and provide us with all the information marked as mandatory.
You can access our Services by going directly to the Platform.
Before any subscription, you can become familiar with the characteristics of our Services on our Platform. You acknowledge: having taken note of the characteristics and constraints, including technical, of our Services, that the implementation of the Services requires an internet connection and that the quality of the Services depends on this connection, for which we are not responsible.
You can launch an Advertising Campaign to promote content of any kind that you communicate to us via a URL link (the "Content"). When requesting the creation of an Advertising Campaign from the Platform, you must follow the following steps:
b/ Determine on the Platform your audience targeting strategy
c/ Determine on the Platform the budget you allocate for each Advertising Campaign.
Based on the information provided during the creation of the Advertising Campaign, we allow you to obtain an estimate of the impact of the planned Advertising Campaign, notably in terms of the number of clicks, visits or displays, or new subscribers, based on advertising campaigns already carried out with a similar budget and formats. You are informed and expressly accept that the information relating to the impact of the Advertising Campaign is given for indicative purposes only and that we do not offer any guarantee as to the success of an Advertising Campaign and the achievement of the estimated impact during the creation of the Advertising Campaign.
We give you access from your Account to a dashboard allowing you to track your Advertising Campaign during the estimated duration indicated for information purposes on the Platform when you subscribe to said Advertising Campaign. During the broadcast of your Advertising Campaign, we provide you via the dashboard accessible from your Account with various tracking data of your Advertising Campaign. The data accessible depends on the advertising format concerned by your Advertising Campaign. You will also have access to this data at the end of each Advertising Campaign via your Account.
You have access from your Account to a fan base service allowing you to centralize the data of your community on your various accounts on the Third-party Sites. By using this service, you accept the terms of use and privacy policy of the Third-party Sites.
For Youtube API services, you can read here the terms of use of Youtube and the privacy policy.
As part of a Subscription, you have access to the Additional Services indicated on the Platform and depend on the Subscription formula you have selected.
We reserve the possibility to offer any other Service, which may be subject, as applicable, to a commercial Proposal.
During the duration of the Services, you benefit from corrective and evolutionary maintenance. In this context, access to the Platform may be limited or suspended for maintenance reasons.
Regarding corrective maintenance, we make our best efforts to provide you with corrective maintenance to correct any malfunction or bug detected on the Platform.
Regarding evolutionary maintenance, you benefit during the duration of the Services from evolutionary maintenance, which we may carry out automatically and without prior notice, and which includes improvements to the functionalities of the Platform and/or technical installations used within the framework of the Platform (aiming to introduce minor or major extensions).
Access to the Platform may also be limited or suspended for scheduled maintenance reasons, which may include corrective and/or evolutionary maintenance services.
We ensure, under the terms of an obligation of means, the hosting of the Platform, as well as the data produced and/or entered by/on the Platform, on our servers or through a professional hosting provider, and on servers located within the territory of the European Union.
In case of difficulty encountered during the use of our Services, you can contact us at the contact details mentioned in the article "Who are we?". Depending on the Subscription to which you have subscribed, you may benefit from a dedicated account manager for your use of the Services.
By subscribing to Advertising Campaigns on the Platform, you expressly authorize us, in particular, to:
These Advertising Campaigns will be invoiced according to the terms described on the Platform.
As part of the Freemium Offer, you subscribe to the Services for the duration of your Account usage, until its closure under the conditions of the article "How to terminate the Services?".
As part of a Subscription to additional Services, you subscribe for the duration indicated on the Platform (the "Initial Period").
The Subscription then renews automatically, for successive periods of the same duration as the Initial Period (referred to, together with the Initial Period, as the "Periods"), from date to date, unless you terminate the Subscription under the conditions of the article "How to terminate the Services?".
The duration of the Advertising Campaigns to which you subscribe is indicated on the Platform.
The price of our Services corresponds to:
The amounts of the Subscription and proportional fees are indicated on the Platform. We are free to offer promotional offers or price reductions. Our prices may be revised under the conditions of the article "How can we revise our prices?".
Payment of the price of the Services to which you subscribe is made by credit card through our Payment service provider.
Revision of the Subscription price The Subscription price may be revised at any time, at our sole discretion. You will be informed of the modifications by any useful written means (in particular by email) within 60 days before the new prices take effect.
The new price applies upon renewal of the Subscription. If you do not accept the new price, you must terminate your Subscription under the terms provided in the article "How to terminate the Services?". Otherwise, you will be deemed to have accepted the new rate.
Revision of the amount of proportional fees The amount of the proportional fee may be revised at any time, at our sole discretion. You will be informed in advance by any useful written means (in particular by email) within 60 days before the new prices take effect. If you do not accept the new price, you must terminate your Subscription under the terms provided in the article "How to terminate the Services?". Otherwise, you will be deemed to have accepted the new rate.
In case of default or late payment, we reserve the right, from the day after the due date on the invoice, to:
For all users:
Declare the forfeiture of the term of all sums owed to us and their immediate enforceability, Immediately suspend the ongoing Services until full payment of all amounts due,
Only if you are a professional: invoice to our benefit a late payment interest equal to three times the interest rate based on the amount of the sums not paid on the due date and a flat-rate indemnity of 40 euros for collection costs, without prejudice to additional compensation if the collection costs actually incurred exceed this amount.
Only if you are a consumer, you have a right of withdrawal of 14 calendar days from your subscription to the Services.
You can exercise this right free of charge by sending us at the contact details mentioned in the article "Who are we?": the completed withdrawal form available in Annex 2; or any other clear statement expressing your desire to withdraw.
If you exercise your right of withdrawal, we will refund all payments received, using the same means of payment as that used (unless you expressly accept a different means), without undue delay and at the latest 14 calendar days from the day we were informed of your decision to withdraw.
If you request that the Services start before the expiration of the withdrawal period, by checking the box for this purpose on the Platform: either you waive your right of withdrawal if the said Services are fully performed before the end of the withdrawal period, or you are only liable for the price of the Services calculated on a pro rata basis for the elapsed duration.
The Platform is our property, as well as the software, infrastructures, databases, and content of any kind (texts, images, visuals, music, logos, trademarks, etc.) that we operate. They are protected by all intellectual property rights or rights of database producers in force. The license that we grant you does not entail any transfer of ownership.
You benefit from a non-exclusive, personal, and non-transferable SaaS license to use the Platform for the duration provided for in the article "How long do you subscribe to our Services?".
By subscribing to our Services, you guarantee that you hold the intellectual property rights of the Contents that you communicate to us in order to establish your Advertising Campaigns.
You hereby grant us, under these terms, a non-exclusive license for the Contents that you transmit to us, for the duration of the Services and for the sole purpose of executing them.
You guarantee us against any claim and/or action that could be brought against us if it turns out that these Contents infringe the rights of third parties or the regulations in force. You undertake to indemnify us for the damage suffered and to reimburse us for any sums that we may have to bear as a result.
You may also provide testimonials regarding your use of the Services. In this context, you authorize us to use your image, name, and voice captured in the testimonials free of charge. You consent to us being able to:
We may use our respective names, trademarks, and logos and make reference to our respective platforms as commercial references during the term of our contractual relationship and for 5 years thereafter.
You agree to provide us with all the information necessary for subscribing to and using the Services.
You:
Guarantee that the information provided in the form is accurate and undertake to update it, Acknowledge that this information constitutes proof of your identity and commits you as soon as it is validated, Are responsible for maintaining the confidentiality and security of your username and password. Any access to the Platform using these credentials will be deemed to have been made by you.
You must immediately contact us using the contact details provided in the "Who are we?" section if you become aware that your Account has been used without your knowledge. You acknowledge that we will have the right to take all appropriate measures in such cases.
You are responsible for your use of the Services and for any information you share in this context. You undertake to use the Services personally and not to allow any third party to use them on your behalf or for your account.
You acknowledge that you have been informed of the characteristics and constraints, particularly technical, of our Services, and that the implementation of the Services requires an internet connection and that the quality of the Services depends on this connection, for which we are not responsible. You undertake not to divert the Services for purposes other than those for which they were intended, and in particular not to:
You also undertake not to:
You are responsible for the Content of any nature that you send us for Advertising Campaigns and that we broadcast in this context. You undertake not to broadcast any Content (this list is not exhaustive) that:
You indemnify us against any claim and/or action that may be brought against us as a result of the breach of any of your obligations. You will indemnify us for any damage suffered and reimburse us for any sums we may have to bear as a result of this.
We undertake to provide the Services diligently, it being understood that we are bound by an obligation of means.
We make our best efforts to provide you with quality Services. To this end, we regularly carry out checks to verify the operation and accessibility of our Platform and may thus carry out planned maintenance under the conditions specified in the "Maintenance" article.
However, we are not responsible for any temporary difficulties or impossibilities of access to our Platform that may arise from:
We are responsible for the operation of our servers, the outer limits of which are constituted by the connection points. Furthermore, we do not guarantee that the Platform:
We make our best efforts to maintain access to the Platform 24 hours a day, 7 days a week, except in the case of planned maintenance under the conditions defined in the "Maintenance" article or in the event of force majeure.
Our intervention is limited to providing the Services as described on the Platform. We do not offer any guarantee regarding the success of an Advertising Campaign and the volume of sales associated with that Campaign; our liability cannot be incurred in this regard.
We undertake to fulfill all obligations incumbent upon us under Law No. 93-122 of January 29, 1993, relating to the prevention of corruption and transparency in economic life and public procedures, known as the Sapin Law. We undertake in particular to report to you, within one month following the dissemination of each Advertising Campaign, on the conditions under which the services were performed.
We make our best efforts to comply with the timetable for providing the Services indicated on the Platform for Advertising Campaigns. As these deadlines are provided for information purposes only, we shall not be liable in the event of non-compliance.
Regarding Advertising Campaigns involving the storage, reproduction, and dissemination of Content provided by you, our liability shall not be incurred if it appears that this Content infringes the rights of third parties or current regulations.
Furthermore, we shall not be liable for any modifications to this Content during its dissemination that are due to compatibility issues between different computer systems.
If we receive a notification concerning illicit Content, we will promptly take action to remove, modify, or stop the relevant Advertising Campaign, and we may take the measures described in the article "What are the sanctions in case of failure to comply with your obligations?"
We make our best efforts to back up all data produced and/or entered by/on the Platform. However, except in cases of proven fault on our part, we are not responsible for any loss of data during maintenance operations.
We may use subcontractors in the execution of the Services, who are subject to the same obligations as ours in the context of their intervention. However, we remain solely responsible for the proper execution of the Services towards you.
We may substitute any person who will be subrogated in all our rights and obligations under our contractual relationship. We will inform you accordingly of this substitution by any written means.
Our liability is limited to the proven direct damages that you suffer as a result of using our Services.
Except for bodily injury, death, and gross negligence, and subject to having submitted a claim by registered letter with acknowledgment of receipt, within one month following the occurrence of the damage, our liability shall not exceed the amounts that we have received during the 6 months preceding the occurrence of liability or the duration of provision of our Services if this duration is shorter.
Proof may be established by any means. You are informed that messages exchanged through our Platform as well as data collected on the Platform and our computer equipment constitute the main means of proof accepted, in particular to demonstrate the reality of the Services provided and the calculation of their price.
We act as a data controller within the framework of processing relating to commercial management and within the framework of our Platform. We practice a privacy policy accessible at the following link: [link to privacy policy]. We invite you to read it.
The purpose of this clause is to define the conditions under which we undertake, on your behalf, the processing of personal data described below.
We mutually undertake, each for our own part, to comply with the regulations applicable to personal data and in particular with the General Data Protection Regulation (EU Regulation 2016/679 of the European Parliament and of the Council of April 27, 2016) and the Data Protection Act of January 6, 1978 in its latest version in force (hereinafter together referred to as the "Applicable Regulations").
As part of the Services, we are required to process personal data as a data processor within the meaning of the Applicable Regulations on your behalf and for your account. You act as a data controller within the meaning of the Applicable Regulations. The characteristics of the processing are described in Annex 1 to these General Conditions.
Data processing:
We undertake to process personal data only for the purposes listed in Annex 1 and in accordance with your documented instructions, including with regard to the transfer of data outside the European Union. We undertake to inform you if, in our opinion, an instruction constitutes a violation of the Applicable Regulations. Furthermore, if we are required to transfer data to a third country or to an international organization, under the law applicable to these General Conditions, we will inform you of this legal obligation before processing, unless the law concerned prohibits such information for significant reasons of public interest.
We undertake to implement appropriate technical and organizational measures to ensure the security and integrity of personal data, their backup, and the restoration of their availability in the event of a physical or technical incident. We also ensure that persons authorized to process personal data are subject to the obligation to preserve their confidentiality.
We are authorized to use subcontractors (hereinafter the "Subsequent Processor") listed in Annex 1 to the General Conditions to carry out specific processing activities. In the event of a change in the list of authorized Subsequent Processors, we will inform you in writing in advance. This information must clearly indicate the processing activities subcontracted, the identity and contact details of the Subsequent Processor. You have a period of 15 (fifteen) days from the date of receipt of this information to submit your legitimate and reasoned objections. In the absence of objections notified after this period, you will be deemed to have accepted the use of the Subsequent Processor.
The Subsequent Processor is required to comply with the obligations of these General Conditions on your behalf and according to your instructions. It is our responsibility to ensure that the Subsequent Processor provides the same adequate guarantees regarding the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the Applicable Regulations. If the Subsequent Processor fails to fulfill its data protection obligations, we remain responsible to you for the Subsequent Processor's performance of its obligations.
We are authorized to transfer personal data processed under these General Conditions to countries outside the European Union, subject to the implementation of appropriate safeguards as defined in Chapter V of the aforementioned regulation.
We undertake to assist you and respond promptly to any requests for information addressed to us by you, whether in the context of a request to exercise their rights by the data subjects, an impact assessment, or a request made by data protection authorities or your data protection officer.
We undertake to notify you of any personal data breaches and to provide you with any useful information and documentation to enable you, if necessary, to notify this breach to the competent supervisory authority, as soon as possible after becoming aware of it.
We commit to notifying you of any breach of personal data and providing you with any information and documentation necessary for you to notify this breach to the competent supervisory authority, as soon as possible after becoming aware of it.
At our discretion, we undertake to either delete the personal data at the end of your use of the Services or return them to you and not to retain any copies, unless otherwise required by applicable regulations. Documentation: We make available to you, upon request, all the information and documents necessary to demonstrate compliance with our obligations and to allow for audits. You have the opportunity to conduct audits once a year and at your own expense to verify our compliance with the obligations set forth in this article on personal data. You will inform us of the audit at least two (2) weeks in advance. We reserve the right to refuse the identity of the auditor chosen if they belong to a competing company. The audit must be conducted during our business hours and in a manner that minimally disrupts our operations. The audit must not in any way compromise (i) our deployed technical and organizational security measures, (ii) the security and confidentiality of our other clients' data, or (iii) the proper functioning and organization of our production. As far as possible, we will agree in advance on the scope of the audit. The audit report must be sent to us to allow us to provide any written observations or remarks, which will be appended to the final version of the audit report. Each audit report will be considered confidential information.
You undertake to: - (a) provide us with the personal data specified in Annex 1, excluding any personal data that is irrelevant, disproportionate, or unnecessary, and excluding any "special" data within the meaning of the applicable regulations, unless justified by the processing, with the burden on you to establish these justifications and to take all appropriate measures, including prior information, consent collection, and security, for such special data; - (b) collect, under your responsibility, in a lawful, fair, and transparent manner, the personal data that you provide to us, for the performance of the Services, and in particular, to ensure the legal basis for this collection and the information due to the data subjects; - (c) maintain a record of processing activities and, more generally, comply with the principles arising from the applicable regulations; - (d) ensure, before and throughout the processing, compliance with the obligations provided for by the applicable regulations.
Unless otherwise agreed in writing by the other party, we respectively undertake to keep confidential, for the duration of our contractual relationship and for 3 years thereafter, all information related to or held by the other party, which we may have become aware of in connection with the conclusion and performance of our contractual relationship. This obligation does not extend to information: that the receiving party already had knowledge of, already public at the time of communication or which would become public without violation of this clause, received lawfully from a third party, the communication of which would be required by judicial authorities, in application of laws and regulations, or for the purpose of establishing the rights of a party within the framework of our contractual relationship. Confidential information may be disclosed to our respective employees, collaborators, interns, agents, and co-contractors, provided that they are subject to the same confidentiality obligation.
We cannot be held responsible for breaches or delays in the execution of our respective contractual obligations due to a force majeure event occurring during the term of our relationship. Force majeure includes:
You can terminate the Services through your Account or by sending us a written request to the contact details specified in the "Who Are We?" section under the following conditions:
For the Freemium Offer: you can terminate it at any time. For Subscription to Additional Services: you can terminate the Subscription at the latest:
In any case, termination is effective within 30 days from the request or from the end of ongoing advertising campaigns, if applicable. Any commenced Period is due in full. You will no longer have access to your Account upon termination of the Services. We may delete any Account that has remained inactive for a continuous period of more than 6 months.
The payment of the service fees and the obligations outlined in the "What Are Your Obligations and What Are You Responsible for?" section constitute essential obligations. In case of breach of these obligations, we may:
We reserve the right to modify our General Conditions at any time and will inform you through any written means (including email) at least 60 calendar days before their entry into force. The modified General Conditions apply:
If you do not accept these modifications, you must unsubscribe from the Services according to the procedures outlined in the "How to Terminate the Services?" section. If you continue to use our Services after the entry into force of our modified General Conditions, we consider that you have accepted them.
Subject to you being a consumer, in the event of a dispute between us, you may resort to the consumer mediator free of charge for an amicable resolution: Consumer Mediation Center for Judicial Conciliators (CM2C) Postal Address: 14 rue Saint Jean 75017 Paris Phone: 01 89 47 00 14 https://www.cm2c.net
Our General Conditions are governed by French law. Subject to you being a professional, in the event of a dispute between us, and failing an amicable agreement within 2 months following the first notification, it will be submitted to the exclusive jurisdiction of the courts of Paris (France), unless otherwise provided by mandatory provisions.
Description of the data processing carried out by us on your behalf Purposes of the processing of personal data Creation of Advertising Campaigns (Processing of audio and video content that you provide to us) Nature of processing operations Collection, use, recording, adaptation, dissemination, retention, consultation, erasure Types of personal data processed Identification data (Name, surname, image, voice) Categories of data subjects You Any other person made visible in the Content you provide to us Duration of processing Duration of the General Conditions List of authorized subsequent Sub-processors Authorized subsequent Sub-processors Sub-processor activities Location of processing activities Appropriate safeguards implemented in case of data transfer outside the EU Shopify Platform management tool Ireland and Canada Adequacy Decision Google Drive Cloud Hosting United States Standard Contractual Clauses
Please complete and return this form only if you wish to withdraw from the contract.
To the attention of BASE FOR MUSIC
Address: 148 rue du Faubourg Poissonnière 75010 Paris
Email address: team@baseformusic.fr
I hereby notify you of my withdrawal from the contract for the services: **\*\***\_\_\_\_**\*\***
If the refund is made in a form other than the original payment method:
I expressly accept that the refund may be made by [to be completed].
Registration on the platform [to be completed] on [to be completed]
Customer's name: **\*\*\*\***\_\_\_**\*\*\*\***
Customer's address: **\*\*\*\***\_\_**\*\*\*\***
Customer's signature: **\*\*\*\***\_\_**\*\*\*\***
(only in case of notification of this form on paper)
Date: **\*\*\*\***\_\_**\*\*\*\***