The monitoring results can be accessed on the MusicDNA website (www.musicdna.com) during the service period. The right to access expires at the end of the service period. Nevertheless, BACH grants access to the last report data for another eight weeks after the expiration date.
Songs can be activated for monitoring in two ways, either by selecting them from the MusicDNA database or by uploading the audio file. If a piece of music is uploaded before 19:00 UTC, its fingerprint is generated and loaded into the system by 4:00 UTC the next morning. The monitoring then starts from the moment of successful loading. If the fingerprint generation fails (due to damaged audio files etc.), the song is marked as inactive on the "Manage Songs" page.
Depending on the service package booked, the CLIENT can deactivate active music pieces after a minimum monitoring period and replace them with others (SWITCHING). BACH is only obligated to provide detection data for the time a piece of music was activated.
BACH reserves the right to modify or adapt the metadata displayed (artist, title, ...) on the music pieces.
BACH reserves the right to adapt or change the display of metadata (artist, title, ...) of music pieces.
The list of stations in active monitoring can be viewed after the login under Help → Monitored Channels (https://monitoring.musicdna.com/monitoredchannelsScreen). If a station is not included, its admission into the system can be suggested by email. Bach then checks the technical requirements for this radio station and, if possible, includes it in the monitoring system. The final decision on the inclusion of a station into the monitoring is incumbent on Bach, there is no obligation for an inclusion.
BACH guarantees >94 % availability of the reporting system and the corresponding website. Regular maintenance times will be announced on the website three days in advance.
BACH achieves a generally high level of service and ensures the correctness of detections. Nevertheless, the availability of radio stations for active monitoring also depends on their reception via satellite or as a web stream, etc.. BACH is not responsible for technical problems caused by third parties, e.g. short-term transmission interruptions due to technical problems of a radio station.
The description of the service packages or products can be viewed under the following link:https://www.musicdna.com/en/preise/
BACH reserves the right to terminate a service contract in the event of misuse. Misuse is, for example, the deliberate attempt to cause a disruption of the SERVICE by uploading manipulated or damaged audio files or metadata, the massive sharing of a named account, the attempt to create a database dump by massive SWITCHING, the redistribution or sale of the obtained data in parts or as a whole with the aim of generating sales in comparable companies, etc..
The CLIENT has the right to use the SERVICE in the intended way.
The SERVICE will be provided as named account and will be identified by a username. The CLIENT, whether as person or organization, is automatically the owner of the account.
The CLIENT keeps all property rights of uploaded material but grants BACH limited rights of use to run the SERVICE and further more like described in paragraph 4.
The CLIENT is not allowed to distribute or sell the SERVICE whether in whole or in part for the purpose of making a profit on a business model similar to BACH.
BACH reserves the rights to the generated fingerprints for the monitoring and the generated detection data. BACH can continue to use and monetize this data.
The CLIENT acknowledges that the SERVICE and its underlying software contains patent rights and confidential information which are protected by copyright and other laws. BACH and/or third parties hold all rights, titles and shares of the service. Provided that nothing in this agreement tells explicitly otherwise, all rights to the SERVICE remain exclusively with BACH.
The CLIENT pays BACH the fees for the SERVICE. The amount of the fees is listed in the price list at https://www.musicdna.com/en/preise/ plus value added tax if applicable. The payment process is handled by the payment service provider Cleverbridge.
Independent from its legal basis, BACHs liability is restricted as follows:
BACH is liable
BACHs liability in case of slightly negligent violation of cardinal obligations is limited to the damage which is typical for this kind of service and which was foreseeable by BACH when this agreement came into effect.
The aforementioned limitation of liability also applies in cases of personal liability of employees, accomplice and organs of BACH.
Independent from its legal basis, BACHs liability is limited to the value of the agreement and to the amount of money which was paid by the customer to BACH to run the SERVICE.
Neither party to this agreement shall be responsible for or suffer any penalty for any breach or delay of its obligations under this agreement if such breach or delay was caused by force majeure. Each party shall inform the other immediately in the event of force majeure. The expected duration of the outage and the estimated effect on the party concerned shall be disclosed and all reasonable efforts shall be made to overcome these effects. Either of the contracting parties may terminate this Agreement without penalty in the event of force majeure if its compliance with its obligations or the obligations of the other party is impeded for a period of sixty (60) consecutive days or more.
The agreement comes into force as soon as the CLIENT accepts the terms and conditions of this agreement by clicking the designated button on the website of the SERVICE and BACH has received the money for the ordered service. The agreement has a term which is defined through the CLIENT ordered and paid service period. The right of contracting parties to terminate the contract with immediate effect due to important reasons stays untouched. An important reason is a delay of payment by the CLIENT (despite demands) or a substantial neglect of duty.
Two months after termination of the agreement, the user account of the CLIENT will be deleted and thereby the access to the SERVICE will be disabled.
Accounts containing only open orders will be removed three weeks after the most recently placed order in accordance with point 9 of the terms and conditions.
Should one or more terms of this contract be invalid or unenforceable in whole or in part, the validity of the remaining provisions shall not be affected thereby. Such ineffective or unenforceable terms shall be replaced to the fullest extent as permitted by the law by provisions, which most closely approximate the actual or implied intentions of the parties at the time the contract was concluded. The same applies mutatis mutandis if this agreement does not take into account problems which should reasonably have been considered.
BACH tries constantly to improve its services and to fulfill customer requirements. That's why our range of services, products and also the SERVICE itself changes over time. BACH keeps the right to carry out those changes and to adapt the conditions accordingly. In case that new conditions become valid, BACH will release these under the following link: http://www.musicdna.com/en/terms
In case of doubt regarding the interpretation of the General Terms and Conditions, the text of the English version shall prevail over other versions.