Terms of Use

1.1 Purpose

MoodCast provides a royalty-free professional web radio service intended exclusively for B2B customers.

1.2 Publisher Identification

• Business name: Thibaud Labbé EI
• Representative: Thibaud Labbé
• Registered office: 6 rue des flamants roses, 66200 Alénya
• SIRET number: 53458710000049
• Phone: 06 21 10 28 66
• Email: ecoute@sonatem.fr

1.3 Definitions

• Publisher: the company operating the MoodCast service.
• Client: any professional user with an active subscription to the service.
• Service: the MoodCast streaming solution accessible over the internet.
• Musical Content: all works and recordings broadcast through the service.
• Royalty-Free Music: tracks supplied with the permissions required for the background-music use covered by these Terms.
• Licence: the right of use granted to the client under Section IV.

2.1 Access requirements

• The streaming service is accessible via the internet.
• The client must have an internet connection, a compatible device and an active subscription.

2.2 Pricing and payment

• SOLO: €19.90/month — PRO: €39.90/month — ENTERPRISE: €89.90/month.
• 20% discount for annual prepaid subscriptions.
• 14-day free trial with no commitment and no credit card required.
• Payments accepted by credit card, Apple Pay, Google Pay, Stripe and PayPal.

2.3 Subscription term

• The service may be subscribed to on a monthly or annual basis.
• Activation takes place after payment validation.

3.1 Continuity

• MoodCast aims to provide continuous access to the service without guaranteeing the absence of interruptions.
• Technical maintenance operations may temporarily make the service unavailable.

3.2 Access-related liability limits

• MoodCast is not liable for interruptions related to the client's internet connection.
• MoodCast is not liable for failures, incompatibilities or malfunctions affecting the client's equipment.

4.1 Scope of the licence

• The licence granted to the client is non-exclusive, non-transferable and limited to the duration of the active subscription.
• It authorises only the use of musical content as background music in a professional venue.

4.2 Territory

• The licence is valid in France and the European Union.

5.1 Relevant organisations in the United Kingdom: PRS for Music and PPL

In the United Kingdom, PRS for Music (Performance Right Society) administers performing rights for songwriters, composers and publishers, while PPL (Phonographic Performance Limited) administers the rights of record companies and performers. Together they cover the licensing of music played in public or business premises.

5.2 Royalty-free status

MoodCast streams exclusively royalty-free music. This service does not require any licence or payment to PRS for Music (Performance Right Society) or PPL (Phonographic Performance Limited) for background music use in professional premises.

5.3 Publisher's commitment

• The Publisher warrants that all broadcast content carries the authorisations required for professional background music use in the European Union and the United Kingdom.
• In the event of any copyright dispute, MoodCast will liaise directly with the relevant rights organisations.

6.1 Prohibitions

• Recording or copying the musical content.
• Redistribution to third parties or making the content available outside the service.
• Use for advertising, promotional or commercial purposes other than background music.
• Integration into videos, audiovisual content or social media posts.
• Remixing, adapting or transforming the musical content.
• Any use of the content for public broadcast beyond the client's own professional premises.

7.1 Limitation of liability

• MoodCast's total liability is limited to the amount actually paid by the client for the relevant subscription.
• MoodCast is not liable for indirect damages, including loss of business or loss of revenue.
• MoodCast does not warrant that the service will be free from errors or interruptions.

8.1 B2B service

The MoodCast service is reserved exclusively for professionals acting in the course of their business. No statutory withdrawal right applies. The client expressly acknowledges their professional status.

9.1 Data collection and processing

MoodCast collects and processes personal data in accordance with the General Data Protection Regulation (GDPR — EU Regulation 2016/679).

9.2 Confidentiality

MoodCast respects the confidentiality of data provided by its clients and undertakes not to transfer such data to third parties without explicit consent.

9.3 Individual rights

• Right of access, rectification and erasure of personal data.
• Right to data portability.
• Right to object to processing.
• To exercise these rights: ecoute@sonatem.fr

10.1 Termination by the client

The client may cancel their subscription at any time from their online client account, without penalty.

10.2 Suspension or termination by MoodCast

MoodCast may suspend or terminate access to the service in the event of non-payment or breach of these Terms of Use, following formal notice remaining unanswered for 15 days.

11.1 Governing law

These Terms of Use are governed by French law. UK-based clients may request the application of English law — such a request must be made in writing at the time of subscription.

11.2 Competent court

Any dispute relating to the interpretation or performance of these Terms shall fall under the exclusive jurisdiction of the Commercial Court of Perpignan (France, 66000). UK clients may alternatively bring proceedings before the competent courts of London, England.