Terms and conditions of Sale
Effective date of these Terms and Conditions (T&Cs): 01/12/2024
1. Company Information and Legal Details
a. Company Identification
Business Type: Sole Proprietorship
Owner: Louis LE BIANIC
Trade Name: Nyota
SIRET: 98373085400012
SIREN: 983730854
b. Contact
2. Subject of the Agreement
This contract offers a monthly subscription to the Nyota service. The subscription includes the discovery of 5 or 10 musical tracks by African artists each month. These tracks are called the “10 Hits of the Month” and consist of exceptional pieces carefully selected by Nyota’s team. Our team conducts ongoing artistic research across the African continent and makes a highly selective choice, focusing on lesser-known, contractually accessible artists with international potential based on several criteria, such as production quality, streaming statistics, and exportability potential to Europe. While we strive for objectivity in our selections, some subjective opinions are inevitably involved in the final choices.
There are two types of subscriptions:
a. The “Discovery” Subscription
The ‘Discovery’ subscription includes access to 5 hits per month (5 of the 10 Hits of the Month) and provides access to the “10 Hits of the Month” page. These 5 hits also include the ‘Free Single of the Month,’ which is revealed to all site users free of charge each month.
Note: Nyota’s goal is to introduce you to artists you may not know. Therefore, we strive to feature lesser-known talents. The absence of well-known artists in our database is intentional, ensuring that most of the artists you discover are new to you. However, it is possible that you may encounter an artist you are already familiar with. To address this, all customers have access to the ‘Search Bar for Artists’ page, where they can check for artists they are concerned about finding on our platform. If a match is found, we will provide the customer with details about the specific artist pack. This way, customers can reduce the likelihood of receiving a pack with an artist they already know.
The ‘Discovery’ subscription also provides access to the “Artist Pages” for each artist linked to the 5 revealed hits. These artist pages contain live data powered by Soundcharts, as well as general information about the track and details about the artist.
For track-related information, you’ll find the following details: live streaming platform stats, release date, music genre, BPM, producer.
For artist-related information, the page includes details such as age, spoken languages, main musical genres, overall live streaming platform stats, detailed live Spotify stats, live community stats across various social networks, a selection of relevant songs, representative music videos, and a brief biography.
Note: The information on the “Artist Pages” may vary slightly depending on the artist’s popularity and the ease of accessing this information.
The ‘Discovery’ subscription also grants access to the “My Dashboard” page, the client’s account management panel. This page compiles all the artists revealed to the client since the subscription began. All artists behind the tracks presented to the client each month are listed in a table from which the client can access the Artist Page or purchase a full report on the artist. Note: All the free artists of the month discovered since the account’s creation are also included alongside the artists from the “10 Hits of the Month.”
The client can also manage all usual aspects of their subscription plan from this page.
Additionally, the ‘Discovery’ subscription provides access to the “News and Media” page, a blog-like section where the client can read articles written by our team that cover news about the artists they have already discovered. These articles are updated weekly and focus on the artist’s musical and artistic updates whenever relevant and interesting information becomes available.
b. The “Professional” Subscription
The ‘Professional’ subscription includes access to the “10 Hits of the Month”. These include the ‘Free Single of the Month,’ revealed to all site users free of charge each month. However, Professional users get to discover this ‘Free single’ before other users (see below).
‘Professional’ subscribers gain access to the “10 Hits of the Month” a week (7 days) earlier than ‘Discovery’ subscribers, along with all associated information and features (detailed below) within this same time frame.
Note: Nyota’s goal is to introduce you to artists you may not know. Therefore, we strive to feature lesser-known talents. The absence of well-known artists in our database is intentional, ensuring that most of the artists you discover are new to you. However, it is possible that you may encounter an artist you are already familiar with. To address this, all customers have access to the ‘Search Bar for Artists’ page, where they can check for artists they are concerned about finding on our platform. If a match is found, we will provide the customer with details about the specific artist pack. This way, customers can reduce the likelihood of receiving a pack with an artist they already know.
The ‘Professional’ subscription also provides access to the “Artist Pages” for each of the 10 revealed hits. These artist pages contain live data powered by Soundcharts, as well as general information about the track and details about the artist. For track-related information, you’ll find the following details: live streaming platform stats, release date, music genre, BPM, producer.
For artist-related information, the page includes details such as age, spoken languages, main musical genres, overall live streaming platform stats, detailed live Spotify stats, live community stats across various social networks, a selection of relevant songs, representative music videos, and a brief biography.
Note: The information on the “Artist Pages” may vary slightly depending on the artist’s popularity and the ease of accessing this information.
The ‘Professional’ subscription includes access to all full reports on each of the 10 artists of the month (except ‘Free Artist of the Month’). These reports are detailed documents (7-9 pages) that concentrate Nyota’s extensive research on each artist. These documents are downladable and available at any time on the Dashboard, even after the subscription ends. The reports contain the following information:
• General Information:
Artist’s name, age or birth year, birthplace/residence, country of origin/nationality, Instagram account, artist’s nickname, music genres, most popular track, languages spoken by the artist.
• Artistic Description:
Production style (average BPM, music genre, similar artists, instruments used, ambiance, etc.), vocal description, main themes addressed in lyrics, writing style.
• History and Discography:
Number of singles, albums, and EPs, career start year, timeline of album releases (with dates and explanations), comments on release strategy (if applicable).
• Engagement and Popularity:
Key YouTube, Spotify, Instagram, TikTok, and Facebook metrics.
• Network and Connections:
3 major connections, other connections (if applicable), affiliated beatmakers/composers, artist’s contacts.
• Public Opinion:
Awards and accolades, media appearances, public comments and reviews.
• Contractual Status:
Current label (if applicable), distributor (if applicable), copyright protection, current contract type (if applicable), history of past contracts with previous labels (if relevant).
• Artist’s Social Networks:
Links to the artist’s Spotify, YouTube, Instagram, Apple Music, Facebook, and TikTok profiles.
Note: Information in the artist reports may vary based on the artist’s popularity and access to data.
The ‘Professional’ subscription also includes the possibility to get in touch with a selected group of artists. Nyota works to establish close and in-depth contact with certain artists among the “10 Hits of the Month.” These so-called “contactable” artists are marked with a ‘contactable’ label on the client’s ‘My Dashboard’ page and the ‘10 Hits of the Month’ page to indicate that our team is in touch with the artist, making it possible for the client to establish a connection (see the contact process below). Nyota bases this status on its interactions with these “contactable” artists to ensure that they are open and available for communication with clients.
The ‘Professional’ subscription also grants access to the “My Dashboard” page, where the client can manage their account. On this page, all the artists revealed since the subscription began are compiled in a table. From this table, the client can access the Artist Page or view the complete reports on each artist. Note: All free artists of the month discovered since the creation of the account are also included alongside the artists from the “10 Hits of the Month.”
‘Professional’ clients also have access to a ‘Contact an Artist’ button visible on the ‘My Dashboard’ page. This button allows the client to submit a request to connect with a “contactable” artist. Our team processes each request as quickly as possible and communicates with the client to offer a tailored connection process. After receiving the client’s request, an email exchange is initiated to arrange the connection and discuss any specific details related to the artist. Note: The process of establishing contact with an artist is complex and requires time and coordination to align both the artist’s and client’s schedules. Contact can be made directly with the artist or through their close circle (e.g., manager, label representative, or any competent person). Nyota does not guarantee that the interaction will result in any specific agreement but focuses on facilitating the connection. Despite Nyota’s efforts, there may be cases where the connection does not take place due to factors beyond our control.
‘Professional’ clients also have access to an “Order a Custom A&R Research” button, visible on the ‘My Dashboard’ page. This button allows clients to request a personalized research study focused on a specific geographic area within Africa. After the client submits their request, our team will initiate an email exchange to discuss the details and establish a custom quotation. Nyota will then carry out in-depth research in line with the client’s requirements and return with a selection of undiscovered artists not yet revealed on the platform.
The client can also manage all standard aspects of their subscription from the ‘My Dashboard’ page.
Additionally, the ‘Professional’ subscription grants access to the “News and Media” page, where clients can read weekly blog-like articles written by our team that cover updates on the artists they have already discovered. These articles focus on relevant and interesting musical and artistic developments for each artist.
Finally, ‘Professional’ clients receive priority customer service, ensuring that their inquiries and requests are addressed before those of other clients. Our customer service team strives to maintain optimal availability and provide timely responses (usually within 24 hours) to meet the needs of ‘Professional’ clients.
Nyota selection non-disclosure Clause
Subscribers to the Nyota service, including media representatives, undertake not to publicly disclose the complete or partial list of artists included in the monthly “10 hits of the month” selection as a Nyota selection. They are permitted to mention the artists individually without explicitly associating these artists with Nyota, except with Nyota’s prior written consent.
Any unauthorized disclosure of the origin of the selection or any public mention of “Nyota’s selection of artists” will constitute a breach of these TCS and may result in a fine of 4000 euros. In the event of significant commercial prejudice, legal action may also be taken against the offender.
3. Pricing and Purchases
- Discovery Subscription (see above): 49.99€
- Professional Subscription (see above): 399.99 €
- Purchase of individual artist reports (available for Discovery subscribers): 49.99€ per report
4. Contract Duration and Commitment Offers
The subscription contract takes effect upon confirmation of your order and remains valid for the duration of the subscribed monthly plan. You may unsubscribe at any time through your customer account, which will stop the automatic renewal for subsequent months. However, the right of withdrawal does not apply to our services, in accordance with Article L221-28 of the French Consumer Code. For more information, please refer to Section 8 on the right of withdrawal.
5. Service Delivery
Access to Nyota’s services is granted immediately after the subscription payment is confirmed. Once registration is completed and payment is processed, the client can immediately enjoy the features associated with the purchased subscription, as outlined in Section 2 of this document.
The services are accessible through our digital platform, available on both web and mobile.
6. Payment Terms
We offer several payment options to facilitate your online purchases. You can pay for your orders via Google Pay and Apple Pay for a quick and secure transaction.
We also accept payments by credit and debit cards (CB, Visa, Mastercard, American Express). All payments are processed securely to ensure the protection of your personal information.
7. Customer Data
Nyota is committed to ensuring the confidentiality and security of its customers’ personal data. The information collected is limited exclusively to what clients provide during account creation. This data is used solely for the management of the account and subscription.
8. Right of Withdrawal
In accordance with Article L221-28 of the French Consumer Code, the right of withdrawal does not apply to certain types of contracts once the service has begun execution. At Nyota, the following situations are applicable:
- Services fully executed before the withdrawal period ends: When the subscription is fully executed before the end of the withdrawal period and the client has given their prior and explicit consent for the service to begin, thereby acknowledging the loss of their right of withdrawal.
- Digital content provided on an immaterial medium: If the execution of the contract, which includes the provision of digital content without a physical medium, begins before the end of the withdrawal period with the prior and explicit consent of the consumer, who also acknowledges the loss of their right of withdrawal.
By subscribing to a subscription or making a purchase on our platform, the client accepts these conditions and expressly waives their right of withdrawal in accordance with these legal provisions. This confirmation of waiver is clearly communicated and recorded at the time of subscription or purchase.
9. Legal Guarantees
Nyota is committed to complying with the legal guarantees of conformity provided by law, as well as the guarantee against hidden defects, ensuring that clients receive services that match their description and are free from hidden flaws. These guarantees apply to all services offered by the platform in accordance with Articles 1641 and following of the Civil Code, as well as Articles L217-4 and following of the Consumer Code.
If a provided service is deemed non-compliant or affected by a hidden defect, the client is invited to immediately contact Nyota’s customer service via email at contact@nyotamusic.com. We are committed to reviewing each specific situation and proposing an appropriate solution.
10. Payment Delay Elements
a. Late Payment Penalties
In the event of late payment, late penalties will be applied to the amounts owed. In accordance with the law, the interest rate applied is equivalent to the current legal interest rate, increased by 10 percentage points. This rate is recalculated annually by the Banque de France and is applicable from the first day of delay.
b. Fixed Fee for Recovery Costs
In addition to late payment penalties, a fixed fee for recovery costs will be charged for each unpaid invoice. This fee is set at €40 per invoice, in accordance with Article L. 441-10 of the Commercial Code. If the recovery costs incurred exceed the fixed fee, Nyota reserves the right to request additional compensation, upon presentation of supporting documents.
c. Recovery Procedure
Clients are informed that in the event of late payment, in addition to late penalties and the fixed fee, recovery actions will be initiated. These actions may include engaging a collection agency or legal proceedings to recover the amounts owed.
d. Notification
Clients will be notified in advance of the application of late penalties and the fixed fee by email before these charges are imposed.
