Terms of use and sale

Mivyn is a music player for Mac (and iPhone) that brings together, in a single library, the music you already listen to on Spotify and Apple Music, with a vinyl turntable.

Mivyn does not sell or provide music. To listen to a full track (including one from your Spotify library) you need an Apple Music subscription. Music is played by Apple Music / MusicKit, under their own terms.

Mivyn has no user accounts. Each device opens with:

• the free trial of 7 days, no credit card, once per device;
• or a license key, obtained by buying a license (or given as a gift).

The key is personal: you are responsible for it. Whoever holds it can activate it on a device within the plan's limit, and manage it (see the devices, cancel). Share it only with the people your plan provides for.

A license is a subscription that opens Mivyn on a limited number of devices (as many Macs as iPhones):

• Solo: 1 Mac and 1 iPhone, 1 person: €3.95 per month, or €39.50 per year
• Duo: 2 Mac and 2 iPhone, 2 people: €5.95 per month, or €59.50 per year
• Family: 4 Mac and 4 iPhone, 4 people: €9.95 per month, or €99.50 per year

Prices are in euros, all taxes included (VAT is shown at payment where it applies). They may change; a new price applies to your subscription only after you have been told and at the next renewal, and you can cancel before.

You choose a plan and a billing period on the pricing page, then pay on Stripe's secure page. The payment confirmation button entails an obligation to pay. The contract is concluded when the payment is confirmed; a confirmation email, with your license key and a link to these terms, is sent to you.

Payment is processed by Stripe: Mivyn never sees or keeps your card number.

If a renewal is not paid, your license keeps working for 3 days so you can sort it out, then access to the apps is suspended until it is paid.

The subscription lasts one month or one year depending on your plan and renews automatically at each due date, at the same price, until you cancel.

You can cancel at any time, online and free of charge, in three ways: from the app (Settings, “License and services”, “Cancel”), from the Cancel my subscription page of the site with your license key, or by writing to fmenoni@proton.me. An email confirms the cancellation.

Cancellation takes effect at the end of the period already paid: you keep access until then, with no further charge. Amounts already paid for the current period are not refunded, except on withdrawal (article 6) or in case of Mivyn's fault.

If you are a consumer, you have 14 days from the conclusion of the contract to withdraw, without giving a reason.

Mivyn goes further than the law: if you withdraw within those 14 days, everything you paid is refunded, even if you have already used Mivyn, within 14 days at most of your request, by the payment method used. The license is then deactivated.

To withdraw, write to fmenoni@proton.me (the form below is optional) giving your license key or the email address of the purchase.

The free trial carries no commitment and no payment.

Mivyn is provided in conformity with the contract. You benefit, at no cost, from the legal guarantee of conformity applicable to digital content and services (articles L. 224-25-1 et seq. of the French Consumer Code) for the whole duration of the subscription, and from the guarantee against hidden defects (articles 1641 et seq. of the Civil Code). Mivyn provides the updates needed to keep conformity, for the whole duration of the subscription.

If there is a lack of conformity, you may ask for it to be put right; failing that, a price reduction or termination of the contract, under the conditions of the law.

Mivyn grants you, during your subscription or trial, a personal, non-exclusive, non-transferable and revocable license to use the apps on the devices your plan provides for.

You agree not to: get around the device limit, the trial or the license check; resell, rent or publish your key; copy, decompile or modify the apps beyond what the law allows; use Mivyn to download, copy or redistribute music or get around its protections; or disrupt the service.

Mivyn may suspend or withdraw a license used in breach of these rules, after giving the user a chance to explain except in an emergency.

You can link your Spotify or Apple Music account to Mivyn. The link is your choice: it gives Mivyn read access to your library and history, to show them and start playback. You can remove it at any time (“Unlink”); your synced data is then deleted.

Those services are independent of Mivyn and remain subject to their own terms (which you accept with them). Their availability, catalogue, rules for third-party apps and interfaces may change without Mivyn controlling it: Mivyn may have to limit or withdraw a service's integration if its terms require, with no right to compensation (if the loss is lasting and substantial, you may cancel, and the unused part of the period is refunded pro rata).

Spotify is used to sync your library; playback goes through Apple Music (Apple Music subscription required).

Mivyn processes the data it needs to work, as explained in the privacy policy. To exercise your rights: fmenoni@proton.me.

The apps update themselves from Settings (you can turn automatic checks off). The service may be interrupted for maintenance or if our providers have an incident; Mivyn tries to limit this. An already activated app stays usable offline for up to 14 days before the license is checked again.

Mivyn is liable for direct damage it causes through its fault. It is not responsible for third-party music services, for Internet or hardware unavailability, or for musical content. Nothing in these terms limits the rights the law gives you as a consumer or Mivyn's liability for gross negligence, fraud or personal injury.

Mivyn may change these terms (changes in the service, the law or third-party services). Changes affecting an ongoing subscription are notified to you in advance; if you do not agree, you may cancel before they take effect. The applicable version is the one online when you order.

If there is a dispute, write first to fmenoni@proton.me: Mivyn replies within 30 days. Failing a solution, if you are a consumer you can refer the matter free of charge to the consumer mediator Mivyn falls under:

• CM2C — 49 rue de Ponthieu, 75008 Paris — www.cm2c.net

These terms are governed by French law. If you are a consumer in the European Union, you keep the protection of the mandatory provisions of the country where you live. You may bring the matter before the courts with jurisdiction under the law, in particular those of your home.

(Fill in and send only if you wish to withdraw.)

• To Menoni Fabian, 128 Impasse du Salève, fmenoni@proton.me:
• I hereby give notice that I withdraw from my contract for the Mivyn subscription below:
• Ordered on: … · License key or email of the purchase: …
• Name: … · Address: …
• Date: … · Signature (only if notified on paper): …