General terms and conditions
By accessing our website, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.
See French version
PREAMBULE
1. General Information
The Publisher and exclusive owner of the Site is ATRACK, a simplified joint stock company with a capital of €1,496, registered in the national register of companies under number 904 402 146, with its registered office at 20 rue Auguste Blanqui 94250, Gentilly (hereinafter "ATRACK").
ATRACK develops the "BEAM FOR MUSIC " (hereinafter the "Platform") which offers music rights holders, in particular music publishing companies (hereinafter the "Clients", and individually the "Client"), the ability to track uncollected royalties from the exploitation of works in their music catalogue (hereinafter the "Client Catalogue") with collective management organisations.
ATRACK can be contacted by email at the following address: contact@beamformusic.com
2. Purpose
These general terms and conditions of use (hereinafter referred to as the "GTCU") govern the terms and conditions of use of the website accessible via fixed and mobile Internet at the URL https://beamformusic.com/ (hereinafter referred to as the "Site"). They shall also apply to the Applications accessible to users from the Site and/or by any separate access.
3. Services
The Website offers the following services:
All Visitors, after accepting the Terms of Use, will be able to access the Platform's presentation page.
Users of the Platform, after accepting these Terms and Conditions and entering into a service agreement with ATRACK (hereinafter the "Services Agreement"), may access the Platform and the services for monitoring the use of musical works in the Client's Catalogue and for monitoring claims for royalties Follow-up of claims filed by ATRACK with SACEM for uncollected royalties, on behalf of the Client under a claim mandate (hereinafter the "Mandate").
4. Status of ATRACK
4.1 ATRACK is not an assignee of the intellectual property rights defined in Book I of the Intellectual Property Code and attached to the musical works in the Client's Catalogue. Defined in Book I of the Intellectual Property Code and attached to the musical works in the Client's Catalogue.
4.2 ATRACK's mission is to analyse, audit, enrich, and comprehensively and regularly monitor the broadcast data, particularly on radio, television or audiovisual media, of the works in the Client's Catalogue, and to claim from SACEM the Client's royalties arising from the exploitation and broadcast on various media, particularly radio, digital and audiovisual, of the works in the Client's musical catalogue.
Entry into force of the Terms and Conditions – Term of application
The Terms and Conditions apply throughout the entire period of use of the Website and the Platform.
Browsing the Website and using the Platform implies the corresponding acceptance of the T&Cs in force without restriction or reservation; the T&Cs apply from the moment a Visitor and/or User visits the Website and until the end of their browsing session or until the closure of a User's account on the Platform.
This acceptance consists of the Visitor and/or User ticking the box "I acknowledge that I have read and accepted all of the site's terms and conditions". Ticking this box shall be deemed to have the same value as a handwritten signature by the User. As such, the User acknowledges the evidential value of the Publisher's automatic recording systems and, unless he can provide evidence to the contrary, he waives the right to contest them in the event of a dispute.
Visitors and/or Users who do not wish to adhere to these Terms and Conditions in their entirety must refrain from using or browsing the Website and/or Platform.
The User declares and guarantees that their use of the Platform will be made in the name and on behalf of the Client and that they are authorised to do so.
By using the Platform, the User declares that they have full legal capacity to commit to these Terms of Use and guarantees the truthfulness and accuracy of the information provided and the rights they hold over the data transmitted to ATRACK.
The User indemnifies ATRACK against any third-party claims concerning data transmitted in connection with access to and use of the Platform. ATRACK reserves the right to suspend the User's access to the Platform in the event of a claim and/or complaint made to it by a third-party concerning data transmitted by the Client.
Any fraudulent or unlawful use of the Platform by the User on behalf of the Client may result in the User being denied access to the Platform and may also result in financial liability.
The User declares that they have obtained all necessary information about the Platform from ATRACK. The Terms and Conditions are available in French and English.
THE PREAMBLE IS AN INTEGRAL PART OF THE TERMS AND CONDITIONS:
ARTICLE 1 – DEFINITIONS
For the purposes of these Terms:
Application Services:
refer to the features accessible to the User on the Platform, in particular access to a dashboard for monitoring the results of the audit, analysis, enrichment of musical data, and claims made to SACEM by ATRACK on behalf and for the account of the Client.
Client:
refers to the holder(s) (publisher(s), co-publisher(s), sub-publisher(s), author(s)) of the Client Catalogue who have subscribed to the Platform. The Client(s) obtain(s) a right of access to the Platform after entering into a Services Agreement to benefit from operational services provided by ATRACK consisting of the analysis, audit and enrichment of data from their Client Catalogue, the comprehensive and regular monitoring of broadcast data, particularly on radio, television or audiovisual media, of the works in the Client Catalogue, and claims to SACEM for evaded royalties and in particular for radio and audiovisual exploitation. The Client(s), through its authorised users acting on its behalf, benefit(s) from access to the Platform and Application Services, enabling real-time monitoring of the results of the operational services via a user-friendly and customised interface.
Client Catalogue:
refers to the catalogue of musical works of which the Client is the assignee, in whole or in part;
Collective Management Organization (CMO):
refers to SACEM, collective management organisation in France responsible for the administration and distribution of copyright and related rights royalties on behalf of their members;
Data:
refers to the information and data from the Client Catalogue (metadata, work titles, ISRC codes, ISWC codes, broadcast data, etc. whose use is the subject matter of this Agreement;
Intellectual Property Rights:
refer to all intellectual property rights as provided for by the Intellectual Property Code, especially its Books I, II and III, and the European and international regulations in force, relating on the one hand to the various elements of the Platform owned by ATRACK (including software, source codes, object codes, technical infrastructure, databases, know-how) and, on the other hand, to the works in the Client Catalogue (including copyright and related rights, in their economic and moral components);
ARTICLE 2 – ACCESS AND ACCOUNT CREATION
2.1 Access to the Site and Platform
ATRACK has developed and implemented the Website at the URL https://beamformusic.com/ , which is accessible to all Visitors, and the Platform, which is accessible to Users after they have created a Personal Account.
All costs related to accessing the Website and the Platform, whether hardware, software or Internet access costs, are the sole responsibility of the User, who is solely responsible for the proper functioning and appropriate security of their computer equipment and Internet access.
ATRACK reserves the right to refuse access to the Platform or to interrupt it, unilaterally and without prior notice, to any User who does not comply with these Terms of Use.
ATRACK shall use all reasonable means at its disposal to ensure quality access to the Platform. It shall use all technical means to guarantee optimal access to the Platform in accordance with the terms and conditions agreed in the Services Agreement but shall not be bound by any obligation of result.
ATRACK reserves the right to interrupt, temporarily suspend or modify access to all or part of the Platform without prior notice, in order to carry out maintenance or for any other reason, without this interruption giving rise to any obligation on its part or any compensation.
The User acknowledges that ATRACK, which is bound by an obligation of means, cannot be held liable for any harmful consequences of the unavailability, suspension or interruption of the Platform on the Client's business.
Even though ATRACK has taken all necessary steps to ensure the reliability of the information on the Platform, it cannot be held liable for errors, omissions, viruses or results that may be obtained or be the consequence of misuse thereof. Furthermore, ATRACK cannot be held liable for any malfunction of the network or servers or any other event beyond its reasonable control that would prevent or impair access to the Platform.
2.2 CREATION OF A PERSONAL ACCOUNT FOR ACCESS TO THE PLATFORM
After signing the Services Agreement, the Client must provide a list of Users authorised to use the Platform on behalf of the Client. This list may not exceed 10 members and must be updated each time a new User is authorised by the Client.
Users wishing to access the Platform and Services must first create a Personal Account.
The User therefore undertakes:
To fill in all the information required to create the Personal Account;
To provide accurate and up-to-date information (valid email address for username*, password*, surname*, first name*, telephone number*, etc.);
To provide all the information
To provide all social and financial information required for the performance of the Application Services;
To accept and comply with the provisions of the Terms and Conditions and the Services Agreement;
To accept simultaneous registration in the ATRACK database.
Some of the information is mandatory, while other information is optional. Mandatory fields are indicated by an asterisk (*) in front of the corresponding box when creating the Personal Account. If the mandatory fields are not filled in, the User cannot proceed to the next step required for registration.The User undertakes to provide accurate data, in particular with regard to their surname, first names and email address. It is reminded that any person making a false declaration for themselves or for others is liable, in particular, to the penalties provided for in Article 441-1 of the Criminal Code, which provides for penalties of up to three years' imprisonment and a fine of €45,000.
ATRACK shall not be held liable under any circumstances for any delay or inability to access the Platform due to incorrect or incomplete information entered by the Internet User when requesting the creation of a Personal Account.
It is the User's responsibility to ensure that they have all the necessary rights to the data transmitted and that they comply with all laws and regulations applicable to such data and to the statements made in their Personal Space.
When registering, the User must choose a Password that allows them to identify themselves on their Personal Space and access the Platform.
Once the conditions for registration have been met, the User will be provided with a login and password, which are strictly personal and confidential and must not be disclosed or shared with third parties. This information will enable the User to log in to their personalised Personal Space on the Platform.
Users shall use their Personal Space on the Platform at their own risk.
In the event of disclosure or use of the Login or Password contrary to their intended purpose, ATRACK shall be free to terminate access to the Personal Space. Users remain solely responsible for the use of these identification elements by third parties or for actions or statements made through their Personal Space.
The User acknowledges and accepts, upon creation of their Personal Space, that it is their responsibility to take all necessary measures to protect their data against any infringement.
ATRACK nevertheless undertakes to implement the usual technical security measures to contribute to the security and confidentiality of the data transmitted by Users of the Site. All Users declare that they are aware of the limitations and constraints specific to the Internet and, as such, acknowledge in particular the impossibility of guaranteeing the security of their data exchanges. ATRACK cannot be held liable for any damage resulting from the transmission of any information, including their Password.
In the event that a User notices fraudulent use of their Login or Personal Space, they shall immediately notify ATRACK.
The User who is the victim of such fraudulent use agrees to change their Login and Password at ATRACK's first request if the latter considers that the confidentiality or security of this data is no longer guaranteed. ATRACK shall in no way be held liable for such fraudulent use.
Failure to comply with the above provisions shall entitle ATRACK to delete the Personal Account and suspend access to the Platform.The User may modify their personal information and/or password at any time.
In the event of loss, forgetfulness or theft of authentication details, the User may change their Password by clicking on the "Forgotten Password" button located below the login details entry form. The User will then be invited by email to create a new Password.
The User may request to unsubscribe and close their Personal Account by sending an email to contact@beamformusic.com
USE OF THE PLATFORM
3.1 Access to support
To receive assistance from the ATRACK teams in using the Platform, Users may contact the support function by telephone on …. ATRACK undertakes to respond to User requests within a reasonable time frame. Users may also submit their requests by email to …
3.2 Liability - Warranty
The User acknowledges that providing information to which they have no right and/or communicating misleading, incomplete or erroneous information may render them liable to ATRACK and/or expose them to the suspension of all or part of the Application Services under the conditions set out in Article 11 below. The User shall be solely liable for the consequences of any error, omission or negligence in this regard.
ARTICLE 4 – HYPERTEXT LINKS
HYPERTEXT LINKS ON THE WEBSITE
The User acknowledges that ATRACK assumes no liability for providing hyperlinks to websites edited and/or managed by third parties. ATRACK disclaims any liability regarding the use of third-party websites accessed by the User via the Platform. The User is solely responsible for the consequences arising from accessing third-party sites.
If the User is redirected to a third-party site, these Terms of Use shall cease to apply; only the terms of use of the site accessed by the User shall then apply. The User waives the right to invoke these Terms of Use to hold ATRACK liable for any damage suffered as a result of accessing a third-party site.
If the User accesses illegal or harmful third-party sites through the Platform, the User shall immediately notify ATRACK to enable prompt removal of the link to the offending site.
ATRACK reserves the right to remove any link to a third-party site at any time without notice or justification.
HYPERTEXT LINKS LINKING TO THE SITE
Without ATRACK's prior written authorization, all hyperlinks to the Platform are prohibited, particularly those using the following techniques:
"Framing", defined as a technique enabling the display of a Platform page within a frame of the original website without leaving the site of origin;
"Deep-linking", defined as inserting a hyperlink pointing to a secondary page of the Platform;
"Inline linking", defined as a hyperlink enabling the inclusion of an image from another web page within the original web page, is prohibited.
Failure to comply with the prohibitions set forth in this Article shall engage the liability of the person who created the offending link.
ATRACK reserves the right to unilaterally suspend the account of the User who created the offending link.
ARTICLE 5 – EXCLUSIVE INTANGIBLE RIGHTS
5.1 ATRACK'S INTELLECTUAL PROPERTY RIGHTS
The Platform is the exclusive property of ATRACK under Books I, II and III of the French Intellectual Property Code. It is hosted on ATRACK's servers or under its responsibility by a third-party provider. All intellectual property rights relating to all the content of the Platform and all its updates and new versions, the source code and object code, all the technical infrastructure and technical documentation, as well as the databases and know-how related to the software, are and shall remain the property of ATRACK or its assignees, successors or beneficiaries.
No title to ownership is transferred to Users hereunder.
ATRACK grants the User a personal, non-exclusive and non-transferable right to access and use the Platform, any other rights being expressly excluded without the prior written consent of ATRACK.
5.1 EXCLUSIVE INTANGIBLE RIGHTS OF USERS OVER THE WORKS IN THE CLIENT CATALOGUE
Users who have subscribed to the Platform remain the owners of all exclusive intangible rights relating to the works in the Client Catalogue, of whatever nature, in particular copyright.
ATRACK is neither an agent nor a transferee of Users' intellectual property rights attached to the musical works in the Client Catalogue.
Consequently, ATRACK is in no way responsible for the unlawful use or reproduction of the works in the Client Catalogue by a third party or a User, and cannot be held liable for any obligation, compensation or responsibility towards anyone, for any reason whatsoever.
ARTICLE 6 – DATABASE PRODUCER RIGHTS
6.1. The User acknowledges that the Platform consists of one or more databases made available by ATRACK, as the producer of said databases within the meaning of Articles L. 341-1 et seq. of the Intellectual Property Code.
In particular, the User acknowledges that ATRACK's aggregation of Data, comprising data enriching the music catalogue and data on the distribution of works in the Client Catalogue has its own structure, organisation and presentation, and thus constitutes a database within the meaning of Article L. 112-3 of the Intellectual Property Code.
6.2. All Users have a personal, non-exclusive, non-transferable and non-assignable right to consult the information contained on the Platform for their own purposes in order to use the Application Services offered by ATRACK.
6.3. Any reproduction, extraction, reuse, adaptation or transformation, in whole or in part, of the data made available to the User on the Platform is expressly prohibited. The communication to the public of all or part of the Platform's content, in any form and to any public whatsoever, is also prohibited.
6.4. In particular, the direct or indirect exploitation, for commercial, promotional or competitive purposes, of the content of the Platform's database is strictly prohibited.
6.5. In the event of breach of the provisions of this Article, ATRACK reserves the right to take any necessary action to cease such breaches, in particular to unilaterally and without prior notice suspend the User's access to their account, without prejudice to any damages that may be sought by ATRACK in compensation for the harm suffered by it.
ARTICLE 7 – ATRACK'S LIABILITY
7.1. Continuity of Platform operation. ATRACK undertakes to take the utmost care in the operation and maintenance of the Platform, in accordance with the terms and conditions set out in the Service Agreement, and shall only use information and technical resources that it considers reliable for this purpose. However, ATRACK, which is not bound by any obligation of result, does not guarantee the error-free and uninterrupted operation of the Platform, nor the accuracy of its content. ATRACK expressly disclaims any liability in this regard.
7.2. Modification of the Platform's functionalities. ATRACK may modify the content and functionalities of the Platform under the conditions provided for in the Services Agreement. Unless expressly stipulated otherwise, any new feature that improves or enhances one or more existing Application Services, or any new service launched by ATRACK on the Platform, shall be subject to the T&Cs.
ARTICLE 8 - FORCE MAJEURE OR FORTUITOUS EVENTS
8.1. ATRACK cannot be held liable for the non-performance or poor performance of the Application Services in the event of force majeure or unforeseeable circumstances as defined by Article 1218 of the Civil Code and by the case law of the French courts.
8.2. It is expressly agreed that force majeure suspends the performance of the parties' reciprocal obligations and that each party shall bear the costs arising therefrom. If the force majeure event lasts for more than thirty (30) days from its occurrence, these general terms and conditions of service may be terminated by either party without either party being entitled to claim damages
ARTICLE 9 - CHANGES TO THE TERMS OF USE
9.1. ATRACK reserves the right to modify the terms, conditions and notices of these Terms of Use at any time. Users are therefore advised to regularly consult the latest version of the Terms of Use available on the Website.
9.2 Use of the Platform after the date of publication of the new Terms and Conditions shall constitute acceptance of all of these new Terms and Conditions.
ARTICLE 10 – PARTIAL INVALIDITY – NON-WAIVER – ASSIGNMENT
If one or more provisions of these Terms of Use prove to be invalid, this shall not affect the validity of the other provisions of the Terms of Use as a whole. The same shall apply in the event that these Terms of Use contain any omissions.
The clause to be deleted or which is missing shall be replaced by a provision consistent with the purpose of these Terms and Conditions.The fact that ATRACK does not invoke any of the Terms of Use cannot be interpreted as a waiver of its right to invoke them in the future.
The User may not assign all or part of the benefits of these Terms of Use.
ATRACK is authorised to assign, sub-license or transfer its rights under these Terms and Conditions, provided that it informs the User and the Client by any means and at any time.
ARTICLE 11 – SUSPENSION, DELETION OF THE PERSONAL SPACE – SUSPENSION, DELETION OF ACCESS TO THE PLATFORM
ATRACK may suspend and/or delete a Personal Space and access to the Platform, as of right, for any reason and without prior notice in all of the following cases:
11.1. IN THE EVENT OF FAULT ON THE PART OF THE USER:
ATRACK may, at any time, in the event of a breach of any of the obligations set out in these Terms of Use by a User, immediately suspend and/or delete their Personal Space and access to the Platform.
ATRACK will send an email to the User informing them of the suspension and/or deletion and the reasons for it.
A suspension may or may not be immediately followed by termination or removal of access to the Platform, at ATRACK's sole discretion.
The User is liable to such measures in particular in the following cases, without this list being exhaustive:
Infringement(s) of intellectual property rights;
Challenge by a third party of the rights to the data and information transmitted to ATRACK;
Identity theft;
Infringement of ATRACK's rights, in particular its intellectual property rights;
Violation of applicable laws and regulations.
11.2. NO FAULT ON THE PART OF THE USER:
ATRACK may delete the User's Personal Space in the event of termination of the Services Agreement, at the initiative of either party or upon expiry of the term of the said Services Agreement.
In any event, ATRACK may delete any account by email with THIRTY (30) days' notice.
In all cases of termination provided for in the Terms and Conditions and the Services Agreement, the data provided by the User will be destroyed, with the exception of data that ATRACK is required by law to retain.
ARTICLE 12 – COMPLAINT MANAGEMENT – APPLICABLE LAW AND JURISDICTION
12.1. In the event of a dispute, any User may submit a written complaint to ATRACK's customer service department, by email to (...), or by post to the following address: 20 rue Auguste Blanqui 94250, Gentilly.
ATRACK undertakes to do its utmost to find a solution that meets the Visitor's or User's request as quickly as possible.
If no amicable solution can be found, the most diligent party may refer the matter to the competent courts.
12.2 These Terms of Use are subject to French law.
In the event of a dispute that cannot be settled amicably, only the French courts within the jurisdiction of the Paris Court of Appeal shall have jurisdiction.
Terms and Conditions of Use valid from XX/2026