Terms of use

1Purpose

These terms govern the use of the Noctave app and of the website noctavepiano.com, published by Matthias Vogel EI, trading as 418 DevOps (see the legal notice). By using Noctave, you accept them.

2The service

Noctave helps you learn the piano with notes falling toward a keyboard and a synchronized score: a journey of levels, a Learn mode, a catalog of public domain pieces and the import of MIDI and MusicXML files.

The app is free: chapters 1 to 3 of the journey and the first level of chapter 4, with their pieces in Learning, a taste of each following chapter (its first level), every aid, the score, every keyboard, listening to every piece, 3 imports and the first steps of note reading. Noctave Plus, a one-time purchase made in the app through Google Play, opens the rest: the whole journey and catalog, unlimited imports, the correction editor, the full note reading path and score scanning. Buying it follows the terms of sale and Google Play's terms; you're never charged without your explicit consent, given in Google Play's purchase window.

Noctave works without a network. The account and sync need an Internet connection. The publisher does his best to keep the server available, but can't guarantee it: it may be interrupted for maintenance or an outage. Noctave evolves: features may be added, changed or removed.

3The account

• The account is optional. You create it in the app, with an email address and a password, or with “Continue with Google”.
• Use an email address that's yours: it's how you get back into the account.
• Keep your password to yourself. You're responsible for what's done with your account; if you think someone else is using it, change your password (all other sessions are then closed) and let the publisher know.
• Noctave is meant for teenagers and adults (13 and over). Under the age of 15, you need the consent of a parent or guardian to create an account.
• You can delete your account at any time, in the app or on the deletion page. A Noctave Plus bought on Google Play stays with your Google account and attaches to the next Noctave account signed in on your device; obtained any other way, it goes away with the account.

4Your imported pieces

The files you import remain yours. Only import files you have the right to use: public domain works, your own creations, or files whose license allows it.

If you have an account, your imports are copied to the server only so you find them on your other devices. They're never published, shared or used for anything else. You only allow the publisher to store them and send them to your devices for this sync.

If the publisher is informed that a file stored on the server is clearly unlawful, he may delete it.

5Fair use

You agree not to:

• try to access someone else's account or parts of the server that aren't meant for you;
• disrupt the service: attacks, mass requests, working around limits;
• use the Noctave server to store anything other than your pieces;
• resell or redistribute the app, beyond what the free licences of some of its components allow (section 6).

6Intellectual property

The app, the website, the Noctave name and logo belong to the publisher. He grants you the right to use the app for your personal use, on your devices. The pieces in the catalog are public domain works, in freely licensed editions whose authors are credited in the app (Settings › Account and app › Licences, entry “Scores of the Noctave catalogue”, and each piece's details).

Free licences. Some components and content of Noctave are under free licences: catalogue scores (CC0, CC BY or CC BY-SA), libraries (LGPL and other free licences), fonts (SIL Open Font License). They are listed in the app (Settings › Account and app › Licences) and remain governed by their own licence: nothing in these terms restricts the rights it gives you, for example copying and sharing a CC BY-SA score, or replacing an LGPL library with a modified version.

7Liability

The publisher does his best for Noctave to work well and for your data to be safe (best-efforts obligation). He can't be held liable for:

• an interruption of the server, or a failure of your device, keyboard or connection;
• the loss of data stored only on your device (without an account, Noctave backs it up nowhere; only the Android backup of your Google account, if you turned it on, may keep a copy);
• use of Noctave that goes against these terms.

Noctave is a tool to learn and have fun; it doesn't replace a teacher. Nothing in these terms limits the rights the law guarantees you as a consumer.

8Suspension and termination

You can stop using Noctave and delete your account whenever you want. In case of a serious breach of these terms (attack, fraud, unlawful content), the publisher may suspend or delete the account involved, after warning you by email when possible, except in an emergency.

9Changes

These terms may change as Noctave evolves. The date at the top of the page shows the latest version; important changes are announced in the app. If you don't agree with a new version, you can delete your account; otherwise, continuing to use Noctave means you accept it.

10Governing law and disputes

These terms are governed by French law. If something's wrong, first write to admin@418devops.fr: an amicable solution can almost always be found. Otherwise, the dispute will be brought before the competent French courts; if you're a consumer, you can also go to the court where you live, and you keep the protection of the mandatory rules of your country of residence.

Your personal data is processed as explained in the privacy policy.