Terms and Conditions of Use – HAT Music
Last updated: February 2025
Definitions
Subscription: the free or paid subscription to Hat Music Services; Account: the user account activated by an Artist or Professional to access the Platform and use the Service; Artist: the natural person who accesses the Platform to receive artistic and/or professional consultancy; Calls: the call or video call between an Artist and a Professional concerning artistic or professional consultancy; Content: texts, videos and/or audio published, in any format, by a User on the Platform; Platform: the exchange and messaging system made available by Hat Music to Users through the App; Professional: the natural person who accesses the Platform to provide artistic and/or professional consultancy; Service: the messaging and/or connection service between Users provided by Hat Music through the Platform; User: the Artist or the Professional.
1. Subject of the Agreement
1.1. Hat Music is an intermediation platform aimed at facilitating the meeting between Artists, who seek consultancy and specialized services, including artistic services, in the music sector, and Professionals who offer their artistic or professional consultancy services. 1.2. Upon registration on the Platform, Users can interact with each other through messaging or video calls. 1.3. By accepting these Terms and Conditions, the User acknowledges and declares being aware that Hat Music is a third party to the professional relationship between the Artist and the Professional and, in any case, to the contractual relationships established between Users. Therefore, by way of example only, Hat Music shall in no way be liable for the inaccuracy of the service promised by the Professional and/or for the payment obligations possibly assumed by the Artist.
2. Access and Registration
2.1. Access to the Services is reserved for Users who have downloaded the App and registered on the Platform according to its procedures. It is expressly forbidden to create a profile using another person's name. 2.2. During registration, the User must provide the required information; upon completion of the registration process, the User will be assigned an Account. 2.3. The User is personally responsible for keeping access data and passwords secret. It is not permitted to transmit access data to third parties. The User is responsible for all uses made of the Service through their access details. Hat Music is not responsible for any losses or damages caused by unauthorized access to or use of the Platform and/or the Service by third parties.
3. Use of Messaging
3.1. The User acknowledges and accepts the use by other Users of Profiles and/or other Content made available through the Service. The User also acknowledges that Hat Music has no power to control compliance with these Terms of Use by other Users and/or third parties. 3.2. The User is aware that it is not permitted to publish or exchange Content: a. that is discriminatory and/or offensive based on physical appearance, race, religion, sex, culture, origin or that, in the opinion of Hat Music, is otherwise offensive or inappropriate; b. that incites violence and/or harassment of third parties, that leads to or results from the exploitation or abuse of third parties, or that encourages or involves the commission of illegal acts; c. that, in the sole opinion of Hat Music, is contrary to morality or good taste or is violent; d. that is based on untruthful and/or misleading information or that involves assuming a false identity and/or that unjustly suggests that the User is involved in Hat Music; e. that contains junk mail or spam and/or that requests passwords or other personal information for commercial or illegal purposes; f. that violates the rights of Hat Music and/or third parties, including but not limited to intellectual property rights or privacy protection rights; g. that is in conflict with these Terms of Use, the Privacy Policy, or any applicable legislation and/or regulations, is otherwise unlawful, or may damage the interests and reputation of Hat Music. 3.3. Hat Music reserves the right to shorten, alter, or refuse Content, or to remove Content from the Platform where deemed necessary by Hat Music, without the User having any right to compensation and/or without any liability on the part of Hat Music. 3.4. If the User believes that certain Content violates their rights or the rights of another User or third parties, they are required to report it to Hat Music in the manner described in Article 8.
4. Calls Between Users
4.1. Users can also interact with each other through calls or video calls on the Platform, according to the methods provided in the App. 4.2. Calls are intended for the provision of consultancy by Professionals to Artists. 4.3. Calls may be provided by Professionals free of charge or for a fee. 4.4. When the Call is for a fee, payment is made using the credit or balance available in the Artist's Wallet. Payment is made in advance and can only be refunded in case of cancellation of the call mutually agreed between the Artist and the Professional or in case of the Professional's failure to attend the appointment.
5. Subscriptions and Commissions
5.1. Depending on the Subscription chosen, it is possible to use the Service free of charge or for a fee. The price paid by the User for the use of the Service depends on the Subscription chosen. Subscriptions and their prices are available on the Platform. The costs of Subscriptions purchased through Apple or Google may be higher as part of the transaction costs charged monthly by Apple and Google are passed on to the User. Prices are inclusive of VAT and other charges imposed by the authorities, unless otherwise indicated. 5.2. In addition to what is provided by the Subscription plans, Professional Users will be required to pay Hat Music a Commission on the price possibly paid by Artists for calls made through the Platform. 5.3. Hat Music is authorized to modify current rates with a minimum notice of three months. If the User is unwilling to accept such modification, the User may discontinue the use of the Service and remove their Profile on the date the modification takes effect or choose to use a free Subscription and keep the Profile active. 5.4. Each user has an internal wallet that Users can use to purchase consultancy through Calls. Payment and transaction management are carried out through Stripe Connect services or other methods described or available on the Platform. 5.5. Paid Subscriptions are non-refundable and are subject to automatic renewal; the User may cancel automatic renewal at any time, within 30 days of the relevant expiry date.
6. User Obligations
6.1. The User is liable to Hat Music and fully indemnifies Hat Music from any damage and cost that Hat Music incurs or causes as a consequence of (i) a breach of the agreement attributable to the User, (ii) any act of the User in the use of the Service, or (iii) an unlawful act. The User is responsible for the reimbursement of all costs incurred by Hat Music and damages suffered that are in any way related to such claims. 6.2. The User acknowledges and understands that the accuracy, timeliness, and completeness of the Content provided are of primary importance for the optimal functioning of the Service. The User therefore guarantees that the information provided during the Profile creation process and Content publication are complete, current, and correct. 6.3. The User also guarantees to Hat Music that they are authorized to use the Service and will operate in compliance with these Terms of Use. The User also indemnifies Hat Music from claims by third parties based on their unlawful or unauthorized use of the Service.
7. Limitations of Liability
7.1. Hat Music accepts no liability for damages caused by the provision of the Service, by unlawful acts, or by any other cause, to the extent permitted by mandatory provisions. 7.2. If Hat Music is liable to the User for damages of any kind, such liability is in any case limited, for each event (where a homogeneous chain of events is considered a single event), to the payments made by the User to Hat Music in the current year, excluding VAT, for the Service from which Hat Music's liability arose. 7.3. Hat Music is in no case liable for consequential damages, including, by way of example, purely financial damages, decreases in business volume and earnings, data losses, and immaterial damages that are related to or arise from the Service. 7.4. The limitation of liability described in this article does not apply in case of willful misconduct and/or gross negligence on the part of Hat Music and/or its executives.
8. Reporting Illegal Information
8.1. Hat Music is not responsible for any damages connected to the (unlawful) use of the Platform. Hat Music is only required, under the conditions indicated below and after receiving a report, to remove any unequivocally illegal material or to put an end to any unequivocally illegal activity. 8.2. Hat Music has defined a procedure that allows reporting the presence or accessibility through the Platform of information or activities alleged to be unlawful. The User can make reports by writing an email to info@HatMusic.it or by pressing the 'report a User' button present on profile pages and received emails. 8.3. Hat Music reserves the right not to proceed with a request to block material or suspend an activity if it has well-founded reasons to doubt the correctness of the report or the legitimacy of the evidence provided, or if the report requires a balancing of interests. In this case, Hat Music may request the ruling of a competent judge at an Italian Court establishing that the activity or material in question is unequivocally illegitimate. 8.4. Hat Music is in no way required to take part in a dispute between the reporter and third parties. 8.5. The reporter indemnifies Hat Music from any claims by third parties in relation to the blocking or removal of material or the suspension of activities. This indemnity covers all damages and costs that Hat Music suffers or may suffer or that Hat Music is required to bear in relation to such claims, including, by way of example, reimbursement of legal assistance costs.
9. Ownership of Uploaded Content
9.1. The User retains intellectual property rights relating to the published Content. However, the User acknowledges and accepts that the publication/upload of Content automatically grants HAT Music a free, non-exclusive, worldwide, irrevocable, assignable, and sublicensable license to publish such Content, to reproduce it, and to include it in the Platform to the extent required for the provision of the Service. 9.2. The User also guarantees to Hat Music that they are fully entitled to the Content and fully authorized to grant the license to Hat Music as specified in this article.
10. Intellectual Property Rights
10.1. The intellectual property rights applicable to the Service, including the Platform and the Database, as well as any texts, the trademark, Profile templates, video, audio, and photographic material made available through the Platform, with the exception of Content, remain the property of Hat Music and/or its licensors. 10.2. Under the conditions outlined in these Terms of Service, Hat Music grants the limited, personal, revocable, non-exclusive, non-sublicensable, and non-transferable right of access to and use of the Service, including the Database, the Content, and the Platform for the purposes outlined in these Terms and Conditions. 10.3. The User retains intellectual property rights relating to the published Content. However, the User acknowledges and accepts that the publication/upload of Content automatically grants Hat Music a free, worldwide, irrevocable, sublicensable, and transferable license to publish such Content, to reproduce it, and to include it in the Database to the extent required for the provision of the Service. In doing so, the User expressly waives all moral rights to the Content and, in particular, the rights provided by Articles 20 et seq. of Law 633/1941. 10.4. The User also guarantees to Hat Music that they are fully entitled to the Content and fully authorized to grant the license to Hat Music as specified in this article. 10.5. It is expressly forbidden to download, copy, alter, reverse engineer, or make public any information made accessible through the Service or the Platform, or to use such information for purposes other than those indicated in these Terms of Service, unless Hat Music or the relevant rights holders consent to this.
11. Exclusion of the Right of Withdrawal
11.1. Users acknowledge and accept that the services provided by Professionals through Calls constitute contracts with a specific execution date and, consequently, the consumer User may not exercise the right of withdrawal, all in accordance with Articles 52 and 59 of Legislative Decree 205/2006.
12. Suspension or Deletion of the Account
12.1. Users acknowledge that, in case of violation of these Terms and Conditions, Hat Music shall have the right to suspend and/or delete the Account. 12.2. Should Hat Music proceed with the deletion of the Account, nothing shall be owed to the User by way of compensation and/or indemnity, except for the right to a refund of the unused balance on the Wallet and/or the Subscription in proportion to the number of unused days.
13. Protection of Personal Data
13.1. With reference to the respect of rights and obligations concerning the use and protection of personal data, Users are invited to consult the Privacy Policy accessible online on the Website. 13.2. The Privacy Policy represents an integral part of these Terms and Conditions.
14. Changes to the Terms
14.1. Hat Music reserves the right to modify, by way of integration, removal, or adaptation, these Terms and Conditions, where justified in order to comply with supervening legislative requirements, to implement organizational changes aimed at improving the Service, or to prevent the recurrence of improper conduct by Users when such conduct has not already been regulated by these Terms and Conditions or with respect to which the existing regulation has proved ineffective for prevention. The User will be informed by means of a notice sent via email to the address provided during registration, including the text of the Terms and Conditions with an indication of the modifications. The User shall have the right to withdraw within 15 days of receiving said email; failing which, the modified terms and conditions shall be deemed accepted. 14.2. In any case, the use of the Service and its functions presupposes the acceptance of these Terms and Conditions, as well as any modifications made thereto.
15. Applicable Law and Jurisdiction
15.1. These Terms and Conditions, their validity and interpretation, as well as the execution of the Service, are governed by Italian law. 15.2. Any dispute regarding the interpretation, execution, or termination of the Terms and Conditions is subject exclusively to Italian jurisdiction and the Court of Milan; in the event that the User is a consumer, the jurisdiction of the Court of the place where the consumer User resides or has elected domicile is preserved.