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Soundie LLC General Terms and Conditions
Last updated July 1, 2024Thanks for choosing Soundie LLC (“Soundie, “we”, “us”, “our”) as your music service provider. These are our General Terms and Conditions (“GTC”) which set out the terms and conditions pursuant to which we provide access to our Service (as defined below) to you (the “Customer”, “you”). If you are accessing or using the Service in connection with your employment, you hereby represent to us that you are authorized to and hereby do bind your company/employer to the terms and conditions of this GTC, and any references herein to “you” and “your” will refer to both you and your company/employer, as applicable.Before you start using the Service, please take a moment and read through this GTC, as by using or accessing the Service, you agree to be bound by all of the terms and conditions contained and incorporated by reference herein. This GTC will remain in full force and effect while you use the Service, and does not cover other services, content or materials made available by any other company or third party, unless specifically stated. We may amend this GTC from time to time, so make sure to check the terms that apply at the time of your use. If you do not agree with any of the terms and conditions contained herein, you must not use or access our service/store front.
Customer and Soundie may be individually referred to herein as a “Party” and collectively as “Parties”. The contracting Soundie Party to your Agreement and applicable law and jurisdiction are set out below under the section called "Contracting Parties, Applicable law and Dispute Resolution".
We hope you will enjoy our Service!Introduction
By accessing or using the Service (including placing Orders), you expressly agree to comply with this GTC and our Supplementary Terms. By “Supplementary Terms” we mean Soundtrack Your Brand’s Privacy Policy and Technical Guidelines, all as updated from time to time and set out in the legal section on their website (currently available at www.soundtrackyourbrand.com/legal). All of the Supplementary Terms, as well as any additional terms and conditions that we provide to you in connection with your use of or access to the Service or our other products and services, together with this GTC, form a legally binding agreement between you and us (the “Agreement”). To the extent that there are any inconsistencies or conflicts arising between the provisions of the Agreement and any other agreements entered into between us, the provisions of the Agreement shall prevail.
When we use the term “Order”, we mean an online activation of a subscription or purchase of a Product. Such activation/purchase is a legally binding purchase of Products entered into between you or any of your Affiliates (as defined below) and us under the terms set out online when placing an Order or as may have been separately agreed in a Master Agreement. Upon request, we may assist you in placing Orders. When we use the term “Master Agreement”, we mean a separately executed document between you and us containing special terms and conditions applicable to your Orders.To the extent there is a conflict between this GTC, a Master Agreement (if entered into), terms communicated upon placing an Order and any of the Supplementary Terms, the following order of precedence shall apply: (i) the Master Agreement, (ii) terms communicated upon placing an Order (iii) this GTC, and (iv) Supplementary Terms. Any special terms set out and agreed in the Master Agreement shall take precedence over other terms of the Master Agreement.Our Service, Content and Products
Our Service and its Content
Through your use of the Service, you may access digital content (audio, visual, text as well as other content, which we refer to collectively as “Content”) that may be owned by us or licensed or otherwise made available to us by third parties (“Rights Holder(s)” or “Content Provider(s)”). Additional terms may apply to the Content. When we use the term “Service”, we mean the online streaming service that delivers Content by our Partner, Soundtrack Your Brand, at their premises and commercial locations, including any technology, platform, solution or application program interfaces (“APIs”) included in or a part of such service, whether owned by us, or licensed or otherwise made available to us by Rights Holders. The Service is provided through a proprietary media management system, including the SDK platform, developed by or on behalf of us, for use with our Products. As explained further below, the Service is not Customer specific and is updated from time to time at our discretion.Registration and Access to the Service
To access or use the Service, you will need to register an account and as a user. Upon your registration, you are granted a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to use and access the Service for commercial non-private use, and this Agreement will apply to you, including this GTC, the Soundtrack Your Brand Privacy Policy and Technical Guidelines, all as updated from time to time and set out in the legal section on their website (currently available at www.soundtrackyourbrand.com/legal). You may not copy, rent, sell, reproduce, publish, republish, post, broadcast, frame or transmit the Service or Content (or any part of them), or authorize or assist anyone else in doing so other than as otherwise explicitly permitted under the terms of this Agreement.Products and Placing Orders, therefore.
When we use the term “Products”, we mean our products and services that you or Soundie, LLC. purchase through placement of an Order via Soundtrack Your Brand. Activation and purchase of Products through an Order is done through our online interface. Unless otherwise provided in any Master Agreement, (a) Products and access to Content are provided on a subscription basis, and (b) Products may be added during the term of this Agreement.
By your placement of an Order, you are granted a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to access the Products through the Service for a certain period of time (“Product Period”) or as a “one-off” or individual purchase (e.g., purchases of Hardware Products). Upon placement of your Order of Products, we will confirm your Order via email.Territory
Due to licensing restrictions or other limitations or restrictions imposed, access to the Service and Content is limited in scope to certain geographical territories as further described on our website located at soundie.com/territory which may change from time to time (the “Territory”). You may not use the Content and/or the Service outside of the designated Territory. You shall at all times maintain and upon request make available to us and our Partner an accurate and up to date list of your locations. You warrant that any address which you provide to us in connection with your purchase of a subscription Product is correct and corresponds to the actual address where the subscription product is used.Product Period
The Product Period of each Product purchased on a subscription basis shall be as specified when placing the Order. The Product Period for a subscription commences from the date of your Order and will be automatically renewed for additional periods equal to the Product Period following the expiration of the Product Period (“Renewal Period”), unless terminated by you or us or unless something else is communicated at the time of purchase. During the Renewal Period, the same commercial terms will apply. Soundie may terminate the subscription at any time. Upon your termination the subscription will terminate at the end of the then current Product Period or Renewal Period, as applicable.Third-Party Management of the Service
You may give a third party access to administer your account (such as placement of Orders, choosing music, managing the Service, setting up locations and sound zones, creating user accounts, etc.), however, you will still be legally required to comply with the terms and conditions of this Agreement, including the payment of all applicable fees, whether or not such third party acted in accordance with your instructions. You are fully liable for all acts and omissions of any third party that uses or administers the Service for you or on your behalf.Updates and Upgrades to the Service
We continuously upgrade the features and functionality of the Service and reserve the right to make upgrades, updates, modifications and changes as we see fit in our sole discretion. You understand that such upgrades or changes to the Service may result in interruption, modification, failure, delay or discontinuation of the Service or any function or feature thereof. As a result, you acknowledge and agree that we assume no liability, responsibility or obligation for any such interruption, modification, failure, delay or discontinuation associated with the Service and you are hereby expressly advised not to rely upon the timeliness or performance of the Service. We will make reasonable efforts to minimise interruptions, failure or delay of the Service and will make reasonable efforts to inform of material changes which affect your use of the Service.Content Provided in the Service
The Service includes a vast range of sound recordings and other items of Content. This Content is updated from time to time, including, for example, by the addition and/or deletion of particular sound recordings. Therefore the Content which is available in the Service at any point in time may vary. We make no representation or warranty that any Content will be available on the Service, and we will have no liability to you for any claim arising out of the unavailability of any Content
Also, you may encounter Content that you may regard as offensive, obscene, indecent or objectionable, irrespective of whether the Content is identified as such. We make no representation or warranty that Content will not be offensive, obscene, indecent, or objectionable, and we will have no liability to you for Content that may be offensive, obscene, indecent or objectionable.Customer Support
We will operate and update the Service and receive and handle your inquiries relating to your use of or access to the Service, such as technical, billing and payment issues and other related issues (“Customer Support”).
Our Customer Support is available to you as a Customer and user of the Service. Our goal is to ensure that you enjoy an outstanding experience while using the Service. If you encounter any technical problems or have questions regarding the Service, you can contact our Customer Support by sending an e-mail to [email protected]. Customer Support does not include handling of issues relating to defects, interruptions and other failure caused in your hardware, Internet connectivity, communication or other equipment, for which you are solely liable. In the event you have purchased the Service via one of our Partners, such Partner will provide Customer Support in accordance with your agreement with such Partner.Customer Obligations
In consideration of your use of or access to the Service and Content, you represent, warrant and covenant that:
you will comply with the terms of this Agreement and follow Soundtrack Your Brand’s requirements and guidelines in relation to use of the Service, including applicable terms of use and instructions in relation to endorsements and music compilation rights;
any information that you have submitted is true, accurate, complete and is kept updated and you shall be responsible and liable for any access to or use of the Service by you or any person or entity using the Service on your behalf (whether or not such access or use thereof has been authorized by you);
you are authorized to assume the obligations and grant all permissions and licenses provided in this Agreement and that you have the full right, power and authority to enter into this Agreement and to create a legal, valid and binding obligation on you and/or your employer or company, as applicable, and you entering into this Agreement does not and shall not violate any applicable law, rule or regulation, or require any conditional consent by any person or entity;
you will comply with all laws, rules and regulations applicable to your use of and access to the Service; and you will not access or use the Service, or otherwise stream Content outside of the allowed Territories.
you will only use the Service to provide foreground or background music media at your physical location;
you will not amplify, transmit or retransmit the broadcast of Content so as to be audible or visible outside of your premises (beyond ordinary patio or other outdoor speaker usage), or transmit Content outside of your physical premises;
you will not use Content in connection with any advertising, sponsorship, or commercial messaging, including but not limited to using the Content in any manner which suggests an endorsement, affiliation, cooperation or relationship between you and any artist, band, label or other entity;
you will not use any Content obtained via the Service for any purpose in connection with artificial intelligence technologies without authorization from the applicable Rights Holders/Content Providers;
If you are located in the US or Canada you will not use the Service at any entertainment or other public event at any location for which an admission fee is charged;
you will not use the Service to provide music for instructed fitness classes where the music is synchronized to the class;
you will not transmit, retransmit, alter, record or reproduce (or permit the transmission, retransmission, alteration, recording or reproduction of) any Content other than as expressly permitted herein;
your location will be properly licensed for public performances of Content by all local PROs in the jurisdiction where it is located, with the exception of U.S. and Canada as stated below under Public Performance.
Accordingly, the authorizations specifically exclude any use of the Content as an accompaniment to musicians, singers, dancers, any other entertainers actually present and performing.Rights Holders Copyright
You acknowledge and agree that any Content owned or controlled by Rights Holders shall be deemed the copyrighted works of such Rights Holders, with all right, title, and interest in and to such works, including any programming and compilations provided on or through the Service, vesting exclusively in the applicable Rights Holders. You acknowledge and agree that we are entitled to provide and that Rights Holders are permitted to receive, record, report and monitor usage of Content for purposes of reporting and managing licensing activity as well as compliance, directly or through PROs. The owners of Content are intended beneficiaries of this Agreement and shall have the right to enforce this Agreement against you.Customer Login Information
You are responsible for maintaining the strict confidentiality of your registration information and you shall be responsible and liable for any access to or use of the Service by you or any person or entity using your registration information, device or other credentials, whether or not such access or use has been authorized by you or on your behalf, and whether or not such person or entity is your employee. It is therefore critical that you do not share your registration information with anyone. You agree to immediately notify Soundie or Soundtrack Your Brand of any unauthorized use of your registration information, account or device, or any other breach of security. It is your sole responsibility to (a) control the dissemination and use of your registration information, (b) update, maintain and control access to your registration information, and (c) cancel your account on the Service.Your Hardware, Internet Connection and Equipment
You are solely responsible for all hardware, communication networks and other equipment necessary for use of the Service, and the due installation thereof. In the event you have purchased installation or other services related to hardware via Soundie, such services are regulated in accordance with your agreement with them. For terms related to your placement of an Order for Hardware Products from

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