Terms of Use — Newphonia

Newphonia — RAGENCIA SAS

TERMS OF USE

NEWPHONIA

Last updated: April 20, 2026
Website: www.newphonia-streaming.com

These Terms of Use (hereinafter the "TOU") govern access to and use of the Newphonia service (hereinafter the "Service"), accessible via the website www.newphonia-streaming.com, any mobile version, application, interface, embedded player, or any other associated technical medium (hereinafter the "Application").

The Service is published and operated by:

RAGENCIA SAS, a simplified joint-stock company (société par actions simplifiée)
Registered office: 35 rue Pastorelli, 06000 Nice
SIREN: 941 070 492
SIRET: 941 070 492 00017
Intra-community VAT: FR07941070492
RCS Nice: B 941 070 492
DUNS: 283915732
Email: contact@ragencia.com

Hereinafter referred to as "Ragencia".

By accessing the Service, creating an account, subscribing to an offer, or using the Application, the user (hereinafter the "User") acknowledges having read, understood, and unreservedly accepted these TOU.

If the User does not accept these TOU, they must not use the Service.


1. Purpose of the Service

Newphonia is an audio streaming service enabling the listening of musical tracks, sound atmospheres, playlists, and audio content designed, generated, composed, produced, and exploited through artificial intelligence processes, in accordance with the editorial, technical, and commercial model specific to Ragencia.

The Service notably allows:

  • streaming of audio content via the Application;
  • access to playlists, selections, atmospheres, and thematic catalogs;
  • use of the Service under various subscription plans, free or paid;
  • for certain offers, broadcasting in public places or venues open to the public, under the conditions set out herein.

Ragencia reserves the right to modify, develop, suspend, restrict, or discontinue, at any time, all or part of the Service, its features, catalog, offers, interface, access methods, or terms of use, subject to applicable legal provisions.


2. Definitions

  • Application: any website, application, interface, player, or technical medium providing access to Newphonia.
  • Account: a personal space created by the User to access the Service.
  • Content: all musical tracks, sound creations, playlists, atmospheres, audio files, metadata, visuals, texts, selections, interfaces, and elements accessible via the Service.
  • NewPhoniaFree: the free plan of the Service, reserved for private use.
  • NewPhoniaPro: the paid plan of the Service that authorizes, within the limits set out herein, broadcasting in public places or venues open to the public.
  • Public place / venue open to the public: any professional, commercial, associative, institutional, or event venue accessible, even partially, to customers, visitors, the public, users, patients, clients, or guests.

3. Acceptance of the TOU

Use of the Service implies full, complete, and unreserved acceptance of these TOU.

When use of the Service is carried out on behalf of a company, business, establishment, or any other legal entity, the person completing the registration or subscription warrants that they have full authority to bind said entity.


4. Access to the Service

Access to the Service requires a compatible device and a sufficient Internet connection. Costs related to equipment and Internet access remain the sole responsibility of the User. However, Ragencia also offers a tablet with a jack output on loan with a deposit for use with the Application.


5. Account Creation and Security

The User is responsible for the confidentiality of their login credentials and for all activity carried out via their Account. In case of suspected unauthorized use, the User must contact Ragencia at contact@ragencia.com.


6. Available Plans

6.1. Free Plan -- NewPhoniaFree

The NewPhoniaFree plan is exclusively reserved for private, personal, and non-commercial use. Any broadcasting in a public place or venue open to the public is prohibited.

6.2. Paid Plan -- NewPhoniaPro

Subject to effective payment and compliance with these TOU, NewPhoniaPro authorizes the broadcasting of Content in public places or venues open to the public, exclusively via the Application and within the scope of the Service. This authorization is non-exclusive, non-assignable, non-transferable, and revocable.

6.3. Option -- Tablet

A tablet may be loaned with the application pre-loaded, allowing Bluetooth connection or jack plug-in, subject to a deposit of 100 EUR during the subscription process.


7. Subscription, Payment, and Renewal

The pricing, billing, renewal, and cancellation terms are those displayed at the time of subscription.


8. License of Use Granted to the User

Ragencia grants the User a limited, revocable, non-exclusive, non-assignable, and non-transferable license to access the Service and use the Application within the scope provided herein.

The User agrees to use NewPhoniaPro when video streaming if they use Newphonia music. The free plan does not allow this due to the public-facing audience.


9. Intellectual Property

All elements of the Service and the Content are protected and remain the exclusive property of RAGENCIA SAS. Any exploitation of the Content outside of its broadcasting within the Application is prohibited, unless prior written consent is obtained from Ragencia.


10. Nature of Content -- Generation by Artificial Intelligence, Legal Qualification, and Exclusion of Copyright and Neighboring Rights

10.1 Origin of Content and Absence of Human Intervention

The musical and audio content offered within the Newphonia Application (hereinafter the "Content") is generated autonomously by artificial intelligence systems, without direct or indirect human creative intervention in their design, composition, performance, or fixation.

None of the Content results from the exploitation, adaptation, or reproduction of pre-existing works protected by intellectual property rights, nor from performances by performing artists or phonogram producers.

10.2 Absence of Qualification as a Work of the Mind

In the absence of human creative intervention, the Content does not constitute works of the mind within the meaning of copyright law as defined by the Code de la propriété intellectuelle (French Intellectual Property Code) and consistent case law requiring the imprint of the author's personality.

10.3 Exclusion of Neighboring Rights

The Content does not give rise to any neighboring rights since it does not result from the performance of a performing artist, nor from the production of a phonogram by a producer within the meaning of applicable provisions, in particular those referred to in Article L.214-1 of the Code de la propriété intellectuelle.

Consequently, no equitable remuneration or any royalty for neighboring rights may be legally required for the broadcasting of the Content under the conditions set out in the General Terms of Sale and these TOU.

10.4 Independence from Collective Management Organizations

Ragencia declares that the Content broadcast via Newphonia does not fall under any repertoire managed by a collective management organization, in particular SACEM or SPRE, and is not subject to the collection or redistribution schemes operated by these organizations.

10.5 Absence of Additional Royalties

Within the framework of use in accordance with the General Terms of Sale and these TOU, in particular for broadcasting in venues open to the public via the Application, no additional amount may be owed by the Client for any reason whatsoever in respect of copyright or neighboring rights, in addition to the NewPhoniaPro subscription price.

10.6 Contractual Enforceability and Acknowledgment by the Client

The Client expressly acknowledges:

  • having been fully informed of the nature of the Content and its specific legal regime;
  • that the Content is excluded from the scope of copyright and neighboring rights;
  • that they use the Service with full knowledge of this legal specificity.

10.7 Guarantee Clause and Risk Allocation

Ragencia guarantees the Client that the use of the Content under the conditions set out in the General Terms of Sale does not, to its knowledge, entail any obligation to pay copyright or neighboring rights fees.

In the event of a claim or demand from a third party or a collective management organization, Ragencia undertakes to provide the Client with all useful information to justify the nature of the Content.

The Client undertakes to promptly inform Ragencia of any request, formal notice, or action relating to such claims.

10.8 Absence of Implied Acknowledgment of Rights

Any voluntary or compelled payment of any amount by the Client to a third-party organization shall not be interpreted as an acknowledgment of the existence of rights attached to the Content, nor shall it engage the liability of Ragencia.

10.9 Interpretation and Legislative Developments

This article reflects the current state of applicable French and European law regarding content generated by artificial intelligence.

In the event of a legislative, regulatory, or case law development affecting the legal qualification of the Content, the Parties agree to consult each other in order to adapt the contractual terms in good faith.


11. Prohibited Uses

It is notably prohibited to copy, record, extract, redistribute, resell, synchronize, make the Content available outside the Service, circumvent technical limitations, or use NewPhoniaFree in public.


12. Service Availability

The Service is provided "as is" and subject to availability. Ragencia may carry out maintenance and does not guarantee continuous availability.


13. Liability

Ragencia disclaims all liability for indirect damages and for malfunctions attributable to third parties or to the User's equipment, within the limits permitted by law.


14. Personal Data

Personal data processing is detailed in the Privacy Policy available on the website/Application.


15. Modification of the TOU

Ragencia may modify the TOU. Continued use of the Service constitutes acceptance.


16. Applicable Law -- Disputes

French law. Prior attempt at amicable resolution.


17. Contact

RAGENCIA SAS -- 35 rue Pastorelli, 06000 Nice -- Email: contact@ragencia.com

© 2026 Newphonia. All rights reserved.

© 2026 All rights reserved.