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VoSound

VoSound Terms and Conditions

Version: v2.0 Effective Date: [EFFECTIVE DATE] Last Updated: [EFFECTIVE DATE]

Welcome to VoSound. These Terms and Conditions ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and VoSound, including its parent company, affiliates, subsidiaries, successors, and assigns (collectively, "VoSound," "we," "us," "our"), governing your access to and use of the VoSound platform located at VoSound.com, including all associated tools, features, services, applications, content, and functionality (collectively, the "Platform").

BY ACCESSING, BROWSING, OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE PLATFORM.

These Terms apply to all visitors, registered users, subscribers, contributors, and any other person who accesses or uses the Platform in any capacity.

1. Platform Description and Scope of Services

1.1 About VoSound

VoSound is a creative technology platform designed for audio professionals, musicians, producers, sound engineers, content creators, disc jockeys, radio broadcasters, podcast hosts, and other individuals and entities operating within the music, entertainment, and digital media industries. The Platform provides tools and services for audio processing, audio enhancement, audio distribution, artist profile management, content discovery, token-based content unlocking, subscription-based feature access, and related functionality.

1.2 Services Provided

The Platform may include, without limitation, the following services and features:

  • Studio: Audio processing and rendering tools utilizing proprietary processing profiles, macro controls, SoundPacks, and digital signal processing (DSP) chains.
  • Explore Feed: A discovery and streaming interface enabling users to browse, listen to, and interact with audio content published by other users.
  • Library: A personal asset management vault for user-owned tracks, releases, and processed audio outputs.
  • Artist Profiles: Public-facing profiles for creators to showcase their work and catalog.
  • Token System: A credit-based system for unlocking, downloading, and accessing premium audio content on the Platform.
  • Subscription Tiers: Tiered membership plans offering varying levels of access, features, and token allowances.
  • Lead Magnets and Resources: Downloadable guides, cheat sheets, educational content, and other materials available through the Platform.
  • Email Communications: Onboarding sequences, nurture emails, newsletters, and marketing communications.

1.3 What VoSound Is Not

VoSound does not operate as, and shall not be construed as:

  • a law firm, legal advisor, or provider of legal counsel;
  • a copyright registration office, rights registry, or collecting society;
  • a performance rights organization (PRO) or mechanical rights organization;
  • a talent agency, booking agent, or artist management company;
  • a record label, music publisher, or music distributor;
  • a royalty collection agency or royalty accounting service;
  • a financial institution, bank, or money transmitter;
  • a professional mastering studio or certified audio engineering service.

Users acknowledge that VoSound's tools are provided as creative aids, and all outputs should be independently reviewed, verified, and validated by the User or their qualified representatives before any commercial release, broadcast, distribution, or publication.

1.4 Contact Information

All inquiries, support requests, legal notices, and communications regarding these Terms, the Platform, or any VoSound service must be directed exclusively to:

Email: [email protected]

VoSound does not accept service of process, legal notices, or formal communications through any channel other than the email address specified above, unless otherwise required by applicable law.

2. Eligibility

2.1 Age Requirement

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction of residence, whichever is greater, to access or use the Platform. By using the Platform, you represent and warrant that you meet this age requirement.

2.2 Legal Capacity

You represent and warrant that you have the legal capacity to enter into and be bound by this Agreement. If you are using the Platform on behalf of an organization, company, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms.

2.3 Compliance with Laws

You agree to comply with all applicable federal, state, local, and international laws, statutes, regulations, and ordinances in connection with your use of the Platform, including but not limited to copyright law, trademark law, privacy law, export control laws, and anti-fraud statutes.

2.4 Eligibility Misrepresentation

If you misrepresent your eligibility, age, identity, or authority, VoSound reserves the right to immediately suspend or terminate your account, remove your content, and pursue any available legal remedies without notice or obligation.

3. Account Registration and Security

3.1 Account Creation

Certain features of the Platform require you to create a user account. When creating an account, you agree to provide accurate, current, and complete information. You agree to update your account information promptly if any changes occur.

3.2 Account Security

You are solely responsible for:

  • maintaining the confidentiality and security of your account credentials, including your password;
  • all activities that occur under or through your account, whether or not authorized by you;
  • immediately notifying VoSound at [email protected] of any unauthorized use of your account or any other breach of security.

3.3 Account Responsibility

VoSound shall not be liable for any loss, damage, or liability arising from your failure to maintain the security of your account credentials. You agree that VoSound may rely on any instructions, actions, or communications received through your account as having been authorized by you.

3.4 One Account Per User

Unless expressly authorized by VoSound in writing, each individual may maintain only one (1) active account on the Platform. Creating multiple accounts to circumvent restrictions, limitations, or enforcement actions is strictly prohibited and constitutes grounds for immediate termination of all associated accounts.

4. Acceptable Use and Prohibited Conduct

4.1 Lawful Use

You agree to use the Platform only for lawful purposes and in strict compliance with these Terms, any applicable Clickwrap Agreement, and all applicable laws and regulations.

4.2 Prohibited Conduct

You agree that you will NOT:

  • upload, post, transmit, or distribute any content that infringes upon the copyright, trademark, patent, trade secret, moral right, right of publicity, right of privacy, or any other intellectual property or proprietary right of any third party;
  • impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
  • engage in any fraudulent, deceptive, or misleading conduct;
  • use any automated system, bot, spider, crawler, scraper, or similar technology to access, collect data from, or interact with the Platform in any manner not expressly authorized by VoSound;
  • attempt to gain unauthorized access to any portion of the Platform, other user accounts, computer systems, or networks connected to the Platform;
  • interfere with, disrupt, or impose an unreasonable burden on the Platform's infrastructure, servers, or networks;
  • upload or distribute any malware, viruses, worms, Trojan horses, or other harmful code;
  • use the Platform to send unsolicited communications, spam, or chain letters;
  • harvest or collect personal information of other users without their express consent;
  • engage in harassment, bullying, threats, hate speech, or any form of abusive conduct directed at other users or VoSound personnel;
  • upload content depicting, promoting, or glorifying violence, illegal drug use, terrorism, self-harm, or exploitation of minors;
  • reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or underlying technology of the Platform or any of its components;
  • circumvent, disable, or interfere with any security, authentication, or access control features of the Platform;
  • resell, sublicense, or commercially exploit access to the Platform or its features without the express written consent of VoSound;
  • use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party's use of the Platform.

4.3 Content Standards

All content uploaded to or distributed through the Platform must comply with applicable law and these Terms. VoSound reserves the right, but has no obligation, to monitor content for compliance.

4.4 Enforcement

Violations of this Section may result in immediate account suspension or termination, content removal, forfeiture of tokens or credits, and referral to law enforcement authorities, in VoSound's sole discretion.

5. User Content and Intellectual Property

5.1 User Ownership of Uploaded Content

You retain full and sole ownership of all audio files, musical compositions, sound recordings, artwork, metadata, and other content that you upload to the Platform ("User Content"). VoSound does not claim any ownership interest in your User Content. Nothing in these Terms shall be construed as transferring any ownership rights in User Content from you to VoSound.

5.2 License Grant to VoSound

By uploading User Content to the Platform, you grant VoSound a limited, non-exclusive, worldwide, royalty-free, sublicensable (solely to the extent necessary to operate the Platform), and revocable license to:

  • host, store, cache, and back up your User Content on VoSound's servers and third-party infrastructure providers;
  • process, transcode, analyze, and enhance your User Content using the Platform's audio processing tools and engines;
  • display, stream, and deliver your User Content through the Platform's user interface, Explore feed, and related features;
  • generate waveform visualizations, metadata displays, and previews of your User Content for Platform functionality;
  • create and store proof-of-processing records, DSP signatures, and processing audit logs related to your User Content.

This license is granted solely for the purpose of operating, maintaining, improving, and providing the Platform and its services. This license terminates when you remove your User Content from the Platform, except to the extent that: (a) copies are reasonably required for backup, archival, or audit purposes; (b) your User Content has been shared with or accessed by other users in accordance with these Terms; or (c) retention is required by applicable law.

5.3 User Representations and Warranties

By uploading User Content, you represent and warrant that:

  • you are the sole owner or authorized licensee of the User Content and all rights therein, including but not limited to copyright, performance rights, mechanical rights, and neighboring rights;
  • you have obtained all necessary permissions, consents, licenses, and clearances from any and all rights holders, co-authors, co-producers, performers, session musicians, vocalists, and any other individuals or entities with a legal interest in the User Content;
  • the User Content does not infringe upon, violate, or misappropriate the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party;
  • the User Content does not contain any material that is defamatory, libelous, obscene, pornographic, abusive, or otherwise unlawful;
  • you have complied with all applicable laws, including copyright registration requirements, in connection with the User Content.

5.4 Content Removal by VoSound

VoSound reserves the absolute right, in its sole and unrestricted discretion, to remove, disable access to, or delete any User Content from the Platform at any time, for any reason or for no reason, without prior notice, without explanation, and without liability to you or any third party. Without limiting the foregoing, VoSound may remove User Content that it believes, in good faith, to be:

  • infringing upon the intellectual property rights of any third party;
  • offensive, obscene, defamatory, threatening, harassing, or otherwise objectionable;
  • in violation of these Terms, applicable law, or public policy;
  • harmful to the Platform, its users, or VoSound's reputation or business interests;
  • associated with fraudulent, deceptive, or manipulative activity.

You acknowledge and agree that VoSound has no obligation to review, monitor, or screen User Content prior to or after posting, and that VoSound shall have no liability for any action taken or not taken with respect to User Content.

5.5 VoSound Intellectual Property

The VoSound name, logo, brand identity, website design, user interface, processing engine, SoundPacks, processing profiles, macro presets, DSP chain configurations, algorithms, software code, documentation, and all other materials created by or on behalf of VoSound (collectively, "VoSound IP") are the exclusive property of VoSound and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not copy, reproduce, modify, adapt, translate, distribute, transmit, display, perform, reverse-engineer, decompile, disassemble, create derivative works from, or otherwise exploit any VoSound IP without VoSound's prior written consent.

6. Audio Processing, Studio Tools, and Output Disclaimer

6.1 Audio Processing Services

The Platform provides audio processing tools, including but not limited to loudness normalization, equalization, dynamic range compression, harmonic saturation, stereo imaging, transient shaping, and other digital signal processing operations. These tools are designed to assist creators in enhancing their audio content.

6.2 No Professional Guarantee

Audio processing results may vary based on input quality, file format, source material characteristics, selected processing profiles, macro settings, and other factors. VoSound does not guarantee that processed outputs will meet any specific loudness standard, broadcast specification, streaming platform requirement, or professional quality threshold.

VoSound's processing tools are not a substitute for professional mastering, mixing, or audio engineering services performed by qualified human engineers. Users are solely responsible for reviewing, evaluating, and validating all processed outputs before any commercial release, broadcast, distribution, streaming upload, or public performance.

6.3 Proof-of-Processing and DSP Signatures

The Platform may generate proof-of-processing records, DSP signatures, processing logs, and audit trails for processed audio. These records are provided for informational and transparency purposes only and shall not be construed as:

  • a warranty or certification of audio quality;
  • a guarantee of compliance with any industry standard, broadcast regulation, or streaming platform specification;
  • evidence of professional mastering or engineering;
  • a guarantee of chart eligibility, playlist placement, or commercial success.

6.4 SoundPacks

SoundPacks are pre-configured processing chain presets organized by sound type, archetype, and family. SoundPack configurations, parameters, guard rails, and default modifiers are proprietary to VoSound and constitute VoSound IP. Users may use SoundPacks as provided through the Platform but may not extract, reverse-engineer, or replicate the underlying DSP chain logic.

7. Subscription Plans, Tokens, and Payments

7.1 Subscription Tiers

VoSound offers tiered subscription plans, which may include but are not limited to:

  • Wave: An entry-level plan providing basic access to Platform features and a standard token allowance.
  • Tsunami: A mid-tier plan providing enhanced access, additional processing capabilities, and an increased token allowance.
  • Typhoon: A premium plan providing full access to all Platform features, the highest token allowance, and priority processing capabilities.

The specific features, limitations, and pricing of each tier are described on the Platform's pricing page and may be updated by VoSound at any time. Changes to pricing or tier features for existing subscribers will be communicated in advance and will take effect at the start of the next billing cycle.

7.2 Tokens

Tokens are non-transferable digital credits issued by VoSound for use exclusively within the Platform. Tokens may be used to unlock, download, access, or interact with certain content and features as described on the Platform.

Tokens are NOT:

  • legal tender, currency, cryptocurrency, or any form of money;
  • redeemable for cash, check, wire transfer, or any monetary equivalent;
  • transferable between accounts or to third parties;
  • securities, investment instruments, or financial products of any kind;
  • guaranteed to maintain any particular value or purchasing power within the Platform.

VoSound reserves the right to adjust, modify, expire, suspend, or revoke tokens or token balances at any time, in its sole discretion, including but not limited to cases of detected abuse, fraud, system error, or policy violation. Token balances may be forfeited upon account termination.

7.3 Token Abuse

Any attempt to artificially manipulate, exploit, duplicate, or otherwise abuse the token system, including through automated means, account manipulation, exploitation of software errors, or coordinated schemes, is strictly prohibited and will result in immediate account suspension, token forfeiture, and potential legal action.

7.4 Payments and Billing

All subscription fees, token purchases, and other monetary transactions on the Platform are processed through third-party payment processors, including but not limited to Stripe, Inc. By making any payment through the Platform, you agree to the terms and conditions, privacy policies, and acceptable use policies of the applicable payment processor.

VoSound does not directly store, process, or have access to your full credit card numbers, bank account numbers, or other sensitive financial payment credentials. Payment data is handled exclusively by the applicable third-party payment processor.

7.5 Refund Policy

All payments made through the Platform are generally non-refundable. This includes subscription fees, token purchases, and any other charges. Refunds may be issued at VoSound's sole discretion or as required by applicable consumer protection law. Requests for refunds may be submitted to [email protected] and will be evaluated on a case-by-case basis.

7.6 Taxes

You are solely responsible for any applicable taxes, duties, or governmental charges arising from your use of the Platform or your transactions on the Platform, except where VoSound is required by law to collect and remit such taxes.

8. Explore Feed, Streaming, and Anti-Fraud Protections

8.1 Explore Feed

The Explore feed is a content discovery interface that allows users to browse, stream, and interact with audio content published by creators on the Platform. Content appearing in the Explore feed may include user-uploaded tracks, VoSound Select curated content, and other audio material.

8.2 Streaming Metrics

VoSound may track, record, and display streaming metrics, play counts, listen counts, and other engagement data for content published on the Platform. These metrics may be used for content ranking, discovery algorithms, analytics, and other Platform functionality.

8.3 Prohibition of Fraudulent Streaming Activity

VoSound strictly prohibits any and all forms of artificial, fraudulent, or manipulated streaming activity. This prohibition includes, without limitation:

  • the use of bots, automated scripts, software programs, browser extensions, or any automated system to generate artificial plays, streams, listens, or engagement metrics;
  • the use of click farms, view farms, stream farms, or any coordinated human or automated effort to artificially inflate play counts, stream counts, or engagement metrics;
  • the purchase or solicitation of fake plays, fake streams, fake listens, or artificial engagement from any third-party service, website, or individual;
  • the creation or use of multiple accounts, proxy servers, VPNs, or other technical measures to generate artificial streaming activity;
  • any scheme, arrangement, or practice designed to artificially inflate streaming metrics for the purpose of financial gain, algorithmic manipulation, chart manipulation, or any other fraudulent purpose;
  • instructing, encouraging, incentivizing, or compensating any third party to engage in any of the foregoing activities on your behalf.

8.4 Monitoring and Detection

VoSound actively monitors streaming activity and employs technical measures, algorithms, and analytical tools to detect fraudulent, artificial, and suspicious streaming patterns. VoSound reserves the right to adjust, remove, or void any streaming metrics, play counts, or engagement data that it determines, in its sole discretion, to have been artificially generated or manipulated.

8.5 Consequences of Fraudulent Streaming

Upon detection or reasonable suspicion of fraudulent streaming activity, VoSound may, in its sole discretion and without prior notice:

  • permanently ban and terminate the offending account and all associated accounts;
  • remove all content associated with the offending account from the Platform;
  • void, reverse, or clawback any tokens, credits, payments, earnings, or other benefits derived from or associated with fraudulent streaming activity;
  • retain evidence of fraudulent activity for legal purposes;
  • report fraudulent activity to applicable law enforcement authorities, regulatory agencies, industry organizations, and rights holder representatives;
  • pursue civil legal action for damages, including but not limited to costs of investigation, remediation, and legal fees.

8.6 Scope of Application

The prohibitions in this Section apply regardless of whether the fraudulent streaming activity was initiated, directed, or performed by:

  • the account holder personally;
  • a third party acting on behalf of the account holder, whether with or without the account holder's knowledge;
  • any automated system, software, or service;
  • any individual, entity, or organization with whom the account holder has a business, promotional, or personal relationship.

The account holder bears full responsibility for all streaming activity associated with their content and their account.

9. Commercial Use by DJs, Radio Hosts, Podcast Hosts, and Similar Professionals

9.1 Scope of This Section

This Section applies to all users who download, access, or otherwise obtain audio content from the Platform using VoSound Tokens or any other means for the purpose of commercial use, including but not limited to: disc jockeying (DJ sets, live DJ performances), radio broadcasting (terrestrial, satellite, internet, or digital radio), podcast hosting and production, live event performances, nightclub performances, compilation creation, synchronization use (sync licensing for film, television, advertising, or other media), background music for commercial premises, and any other form of public performance or commercial exploitation of audio content obtained through the Platform.

9.2 No Ownership Transfer

Downloading audio content from the Platform through VoSound Tokens or any other mechanism does NOT transfer ownership of that content to you. The original creator, rights holder, or copyright owner of the downloaded content retains all ownership rights, including but not limited to copyright, performance rights, mechanical reproduction rights, synchronization rights, neighboring rights, and all other intellectual property rights recognized under applicable law.

9.3 Limited License for Downloaded Content

When you download audio content from the Platform using VoSound Tokens, you receive a limited, non-exclusive, non-transferable, revocable license to use the downloaded content for personal listening and, where applicable, for professional use in connection with the activities described in Section 9.1, subject to all of the following conditions and obligations.

9.4 User Obligations for Commercial Use

If you use downloaded content for any commercial purpose, including any form of public performance, broadcast, or commercial exploitation, you are solely and exclusively responsible for:

(a) Copyright Compliance. Complying with all applicable copyright laws, including but not limited to the U.S. Copyright Act (17 U.S.C. et seq.), the Digital Millennium Copyright Act (DMCA), the EU Copyright Directive, and all equivalent or analogous legislation in your jurisdiction.

(b) Performance Rights and Licensing. Obtaining all necessary performance licenses, mechanical licenses, synchronization licenses, and any other licenses required for the public performance, broadcast, reproduction, or distribution of the downloaded content. This includes, without limitation, securing appropriate licenses from applicable performance rights organizations (PROs) such as ASCAP, BMI, SESAC, GMR, SOCAN, PRS for Music, GEMA, SACEM, JASRAC, APRA AMCOS, and any other applicable collecting society or PRO in your territory.

(c) Attribution and Credit. Providing proper attribution and credit to the original artist, songwriter, composer, and/or producer of the downloaded content, in accordance with applicable law and industry standards.

(d) Royalty Payments. Making all applicable royalty payments to rights holders, publishers, songwriters, and collecting societies as required by applicable law and license agreements. VoSound does not collect, administer, or distribute royalties on behalf of content creators and bears no responsibility for your royalty obligations.

(e) Neighboring Rights. Complying with all applicable neighboring rights, performers' rights, and related rights laws in your jurisdiction.

9.5 Prohibited Claims

You shall NOT:

  • claim authorship, co-authorship, co-ownership, or any ownership interest in downloaded content;
  • register or attempt to register any downloaded content with any copyright office, PRO, publishing administrator, or collecting society as your own work;
  • modify downloaded content and claim the modified version as your original work;
  • sublicense, resell, redistribute, or transfer downloaded content to any third party outside of the limited license granted herein;
  • remove, alter, or obscure any metadata, copyright notices, watermarks, or attribution information embedded in or associated with downloaded content.

9.6 VoSound's Disclaimer of Liability for Commercial Use

VoSound bears no responsibility or liability for:

  • your failure to obtain necessary licenses, permissions, or clearances for the commercial use of downloaded content;
  • your failure to make required royalty payments to rights holders, publishers, or collecting societies;
  • any claims, demands, lawsuits, penalties, fines, or other legal actions brought against you by rights holders, publishers, collecting societies, PROs, or any other party in connection with your commercial use of downloaded content;
  • any legal consequences arising from your misattribution, non-attribution, or misrepresentation of authorship or ownership of downloaded content.

9.7 Indemnification for Commercial Use

You agree to indemnify, defend, and hold harmless VoSound, its officers, directors, employees, agents, affiliates, subsidiaries, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to your commercial use of downloaded content, including but not limited to claims of copyright infringement, performance rights violations, failure to pay royalties, or misattribution.

10. Lead Collection, Marketing, and Third-Party Data Sharing

10.1 Lead Collection

VoSound collects email addresses, names, contact information, and other data ("Lead Data") from users and visitors through various means, including but not limited to:

  • Platform registration and account creation;
  • Lead magnet downloads (studio guides, cheat sheets, templates, and other downloadable resources);
  • Email capture forms and opt-in forms;
  • Newsletter subscriptions;
  • Resource hub access;
  • Event registrations;
  • Contact forms and support inquiries;
  • Any other interaction with the Platform that involves the submission of personal contact information.

10.2 Consent to Lead Data Use

By using the Platform, including but not limited to creating an account, providing your contact information through any of the means described in Section 10.1, or accessing any Platform features, you expressly acknowledge and consent that VoSound may use your Lead Data for its own marketing purposes and may share, license, sell, rent, or otherwise transfer your Lead Data to third-party companies and organizations.

10.3 Third-Party Recipients

Lead Data may be shared with, licensed to, sold to, or otherwise provided to third-party companies and organizations, including but not limited to companies in the following industries and sectors:

  • music industry companies, including record labels, music publishers, and music distributors;
  • entertainment industry companies, including talent agencies, management companies, and event promoters;
  • music technology and audio software companies;
  • music education companies and institutions;
  • digital streaming platforms and services;
  • content distribution networks and aggregators;
  • advertising and marketing companies focused on the music and entertainment industries;
  • music production equipment and instrument companies;
  • professional audio services companies;
  • and other companies operating in adjacent sectors.

10.4 Scope of Shared Data

VoSound will NOT share the following with third-party lead data recipients:

  • financial payment data, credit card numbers, or banking information;
  • uploaded audio files, musical compositions, or sound recordings;
  • detailed processing job history or technical usage data;
  • passwords or account security credentials.

Lead Data shared with third parties is generally limited to: name, email address, general geographic location (where available), and the nature of the user's interaction with VoSound (e.g., registered user, resource downloader, newsletter subscriber).

10.5 Opting Out of Marketing Communications

You may opt out of receiving marketing communications from VoSound at any time by using the unsubscribe mechanism provided in each email or by contacting [email protected]. However, opting out of marketing communications does not affect VoSound's right to retain and share Lead Data as described in this Section and in the VoSound Privacy Policy (available at VoSound.com/privacy).

10.6 Cross-Reference

For complete details regarding the collection, use, retention, and sharing of personal data and Lead Data, please refer to the VoSound Privacy Policy available at VoSound.com/privacy.

11. Disclaimers

11.1 "As Is" and "As Available"

THE PLATFORM AND ALL SERVICES, FEATURES, CONTENT, AND FUNCTIONALITY PROVIDED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

11.2 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOSOUND EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • IMPLIED WARRANTIES OF MERCHANTABILITY, fitness for a particular purpose, and non-infringement;
  • warranties that the Platform will be uninterrupted, error-free, virus-free, or secure;
  • warranties that the results obtained from the use of the Platform will be accurate, reliable, or meet your requirements;
  • warranties that any defects in the Platform will be corrected;
  • warranties regarding the accuracy, completeness, reliability, or currency of any content, information, or data available through the Platform;
  • warranties that the Platform will be compatible with any particular hardware, software, or network configuration;
  • warranties regarding data preservation, backup, or protection against data loss.

11.3 Third-Party Services

VoSound does not warrant, endorse, or assume responsibility for any third-party services, products, or content integrated with or accessible through the Platform, including but not limited to payment processors, cloud storage providers, email delivery services, and bot protection services.

12. Limitation of Liability

12.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VOSOUND, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

  • indirect, incidental, special, consequential, exemplary, or punitive damages;
  • loss of profits, revenue, data, business opportunities, goodwill, or anticipated savings;
  • cost of procurement of substitute goods or services;
  • personal injury or property damage arising from your use of or inability to use the Platform;
  • unauthorized access to or alteration of your data, transmissions, or content;
  • statements or conduct of any third party on the Platform;
  • any other matter relating to the Platform,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT VOSOUND HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, VOSOUND'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE PLATFORM OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO VOSOUND DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) FIFTY U.S. DOLLARS ($50.00).

12.3 Essential Basis of the Bargain

You acknowledge and agree that the disclaimers and limitations of liability set forth in these Terms reflect a reasonable and fair allocation of risk between you and VoSound, and that these limitations form an essential basis of the bargain between you and VoSound. VoSound would not be able to provide the Platform to you on an economically reasonable basis without these limitations.

13. Indemnification

You agree to indemnify, defend, and hold harmless VoSound, its officers, directors, employees, agents, affiliates, subsidiaries, successors, assigns, licensors, and service providers from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising from or related to:

  • your use of or access to the Platform;
  • your violation of these Terms or any applicable law;
  • your User Content, including any claim that your User Content infringes or violates the rights of any third party;
  • your commercial use of content downloaded from the Platform;
  • your fraudulent, deceptive, or manipulative conduct on or through the Platform;
  • any dispute between you and any other user of the Platform.

This indemnification obligation survives the termination of your account and these Terms.

14. Suspension and Termination

14.1 Termination by VoSound

VoSound may, in its sole discretion and without prior notice, suspend, restrict, or terminate your access to the Platform and your account if:

  • you violate these Terms or any applicable Clickwrap Agreement;
  • VoSound is required to do so by law, regulation, or court order;
  • fraud, abuse, or manipulation is detected or reasonably suspected;
  • your conduct poses a risk to other users, VoSound, or third parties;
  • your account has been inactive for an extended period;
  • VoSound discontinues the Platform or any portion thereof.

14.2 Effect of Termination

Upon termination of your account:

  • your right to access and use the Platform immediately ceases;
  • any unused tokens, credits, or subscription benefits are forfeited and are non-refundable;
  • VoSound may delete your User Content, account data, and associated information, subject to any legal retention requirements;
  • any provisions of these Terms that by their nature should survive termination shall survive, including but not limited to Sections 5, 6, 9, 10, 11, 12, 13, 16, and 17.

14.3 Termination by User

You may terminate your account at any time by contacting [email protected]. Termination of your account does not entitle you to a refund of any fees previously paid.

15. Digital Millennium Copyright Act (DMCA) and Copyright Claims

15.1 DMCA Compliance

VoSound respects the intellectual property rights of others and expects users to do the same. In accordance with the Digital Millennium Copyright Act of 1998 (17 U.S.C. Section 512), VoSound will respond to notices of alleged copyright infringement that comply with the DMCA.

15.2 Filing a DMCA Notice

If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement on the Platform, you may submit a DMCA takedown notice to:

Email: [email protected]

Your notice must include:

  • a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • identification of the copyrighted work claimed to have been infringed;
  • identification of the material that is claimed to be infringing and information sufficient to locate it on the Platform;
  • your contact information (name, address, telephone number, email);
  • a statement that you have a good-faith belief that the use of the material is not authorized;
  • a statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

15.3 Counter-Notification

If you believe your content was wrongfully removed, you may submit a counter-notification in accordance with the DMCA. VoSound will process valid counter-notifications in accordance with applicable law.

15.4 Repeat Infringer Policy

VoSound maintains a policy of terminating accounts of users who are determined to be repeat infringers of copyright in appropriate circumstances.

16. Governing Law, Jurisdiction, and Dispute Resolution

16.1 Governing Law

These Terms and any disputes arising from or related to these Terms or your use of the Platform shall be governed by and construed in accordance with the laws of the state or jurisdiction in which VoSound's principal place of business is located at the time the dispute arises, without regard to its conflict of law principles. The applicable governing jurisdiction will be identified on the Platform or communicated to users upon request via [email protected].

16.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms or the Platform shall first be addressed through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue resolution through binding arbitration administered by a recognized arbitration organization, conducted in the English language.

16.3 Class Action Waiver

YOU AND VOSOUND AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. Unless both you and VoSound agree otherwise in writing, the arbitrator may not consolidate or join more than one person's or party's claims and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

16.4 Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy, Biometric & Voice Data Notice, any applicable Clickwrap Agreement, and any additional terms referenced herein, constitute the entire agreement between you and VoSound regarding the Platform and supersede all prior or contemporaneous agreements, negotiations, representations, and proposals, whether written or oral.

17.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

17.3 Waiver

The failure of VoSound to enforce any provision of these Terms shall not constitute a waiver of that provision or the right to enforce it at a later time.

17.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of VoSound. VoSound may freely assign or transfer its rights and obligations under these Terms without restriction.

17.5 Force Majeure

VoSound shall not be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay is caused by events beyond VoSound's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, power failures, internet outages, or third-party service provider failures.

17.6 Notices

All notices required or permitted under these Terms shall be sent to [email protected]. Notices to you may be sent to the email address associated with your account or posted on the Platform.

17.7 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

18. Changes to These Terms

18.1 Right to Modify

VoSound reserves the right to modify, update, or revise these Terms at any time. The most current version of the Terms will be posted on the Platform with the updated "Effective Date" and version number.

18.2 Material Changes

For material changes to these Terms, VoSound will require users to re-accept the updated Terms through the Platform's clickwrap acceptance system before continuing to use the Platform. You will be notified of material changes through the Platform interface and/or via email.

18.3 Continued Use

Your continued use of the Platform after any changes to these Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Platform and contact [email protected] to terminate your account.

19. Contact Information

For all questions, concerns, notices, or communications regarding these Terms and Conditions, please contact:

VoSound Support Email: [email protected]

VoSound does not accept legal notices, service of process, or formal communications through social media, comment sections, or any channel other than the email address specified above, unless otherwise required by applicable law.

These Terms and Conditions are effective as of the Effective Date stated above and apply to all users of the VoSound Platform.