By signing up to or otherwise using the SoundBirth platform, app, service, websites, and software applications (together, the “SoundBirth Service” or “Service”), you are entering into a binding contract with SOUNDBIRTH SAS.

These Payment & Subscriptions Terms of Use apply to the Services and tools you’ll receive access to when buying a Subscription to SoundBirth Premium or Premium Max as further specified below (jointly referred to as “SoundBirth SUBSCRIPTIONS”). 

Your agreement with us includes these Payment & Subscription Terms of Use (“Payment & Subscriptions Terms of Use”), our Terms of Use and our Privacy Policy, that apply to your interaction with each Service (collectively the “Agreements”). Please read these documents carefully. You acknowledge that you have read, understood and accepted these Agreements and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements that apply to the services with which you interact, then don’t access or use the SoundBirth Service.

Subscription

When paying for a subscription (“Subscription”) to SoundBirth SUBSCRIPTIONS, you do so on a monthly or yearly basis. As soon as you have paid for your Subscription and the payment has reached SoundBirth, your choice of SoundBirth SUBSCRIPTIONS will immediately be activated and available on your SoundBirth Account.

You can subscribe to SoundBirth SUBSCRIPTIONS through in-app on iOS and Android, by logging in to your SoundBirth Account or creating one.

Your subscription will automatically renew, and your chosen method of payment will be charged accordingly, until you fail to pay the renewal fee or if you or SoundBirth terminates or cancels your Account. Should you not renew your Subscription, SoundBirth reserves the right to instantly inactivate your SoundBirth Subscription including all the tools that have been made available to you as part of the SoundBirth Subscription. If you are currently on a monthly Subscription, it will automatically renew until you cancel your Subscription or terminate your Account. If you have cancelled your monthly Subscription, you will only be offered and able to subscribe to a yearly subscription.

You can at any time downgrade from SoundBirth Premium Max to Premium. If you downgrade from Premium Max to Premium, you will lose access to the Premium Max tools that are not included in the Premium Subscription. The changes will, however, not take place until your current Subscription ends.

To unsubscribe, you must do this on the platform you used to subscribe to SoundBirth SUBSCRIPTIONS. Meaning, If you have subscribed through iOS or Android (in-app purchase), you manage your Subscription and unsubscribe through your iOS or Android app store account. When you have unsubscribed, you’ll be given an end date to when the SoundBirth SUBSCRIPTIONS tools will be inactivated. You’ll have access to the tools for as long as you have paid for the Subscription.

Payment

Depending on the platform you use to buy a Subscription to SoundBirth SUBSCRIPTIONS, different terms apply. 

When buying in-app on your Android phone, Google Play Store terms and conditions apply to your payment in addition to these Subscriptions Terms of Use.

When buying in-app on your iPhone, Apple Store terms and conditions apply to your payment in addition to these Subscriptions Terms of Use.

When the payment is made you’ll receive a confirmation of your payment. When the payment has been approved by the payment provider, the SoundBirth SUBSCRIPTIONS service you have chosen will be made available to you.

If your card has expired or if any of the information needed to make a renewal payment is wrong, you’ll have a grace period (“Grace Period”), subject to Apple and Google’s guidelines, before the termination of your access to SoundBirth SUBSCRIPTIONS. During the Grace Period, you’ll still have access to the SoundBirth SUBSCRIPTIONS tools, but you will however, pay retroactively for the Grace Period once a payment is successful.

After the Grace Period and unless your Subscription has renewed, your Account will return to a free account, meaning you can no longer access the SoundBirth SUBSCRIPTIONS tools. You can at any time pay for your canceled Subscription and get access to all tools again. There will not be a Grace Period should you or SoundBirth terminate or cancel your Account or Subscription.

Should SoundBirth or any of the payment methods used detect fraud in regards to your payment, SoundBirth reserves the right to immediately close down your account.

Pricing

You’ll find the pricing for SoundBirth SUBSCRIPTIONS within the SoundBirth app. 

We reserve the right to change the pricing at any time. If we do, we will notify you in advance, giving you time to cancel your Subscription. We will not, however, increase the price during your Subscription period.

Premium Subscription

My Manager Features

By subscribing to the Premium offer via your Google (Android) or Apple (iOS) In-App purchase, you get access to all Premium features available in the “My Manager” section except those indicated with a Premium Max note.

Premium Max Subscription

My Manager Features & more

By subscribing to the Premium offer via your Google (Android) or Apple (iOS) In-App purchase, you get access to all Premium features available in the “My Manager” section plus those indicated with a Premium Max note.

Royalty splits

The distribution of your tracks is available to all users (Free, Premium & Premium MAX) with no upfront charges.

SoundBirth will pay out 100% of the royalties collected after a 15% commission charged by our distribution partner on the streaming platforms.

Each royalty earned (minus the commission) will be assigned to the user who owns the recording on the SoundBirth account. It is your responsibility to pay the royalties to any rights holders of the recording.

Please note that when you use the split feature when uploading your release, this will send you (and the user concerned) reminders of shared royalties earned by email. However, it is still your sole responsibility to complete the financial transaction to each rights Holders.

You can withdraw  money from  your Royalties  every month as soon as you reach the amount threshold as specified within the app ($20 for Premium Max subscribers / $50 for free and premium users).

 

Promotion Service

The promotion feature is an online music licensing service that allows Artists to share music tracks for review, and potential broadcast on media platforms, by influencers or curators for Artist’s promotional purposes. The music tracks that Artist provides (“Artist Content”) will be made available for potential review and licensed use by Influencers or curators via the Service, subject always to SoundBirth’s term and conditions.

Fees and Commissions:  All amounts payable by Artists will be transacted using monetary credits (“ SoundBirth Coins”) within Artist’s online SoundBirth Account as detailed on the App. Using Coins, you may make Submissions (of Artist Content to Influencers) in accordance with the instructions detailed on the App.

Promotion Fees are set by influencers / curators on their SoundBirth Profile page (and can be changed at any time) but are in every case subject to a twenty percent commission fee (20%) charged by SoundBirth (“Commission”). Commission are  deducted from Promotion Fees at the time deposited into  their Withdrawal Wallet. All amounts are inclusive of any applicable VAT unless otherwise stated. You are responsible for payment of any VAT that may be payable by you and/or any other applicable duties and/or local taxes that may be levied in your country. 

Statements and Payments. Influencers and curators may withdraw sums from your SoundBirth Wallet at any time via a transfer wire as soon as you reach the threshold requested (as listed on the App). Your SoundBirth accounting information (showing calculation of sums paid and payable to you) is always visible via your SoundBirth income and account page. Your accounting statement shall be deemed accepted by you in each case if not queried within 3 months of the applicable payment. Please note that credits listed on your online SoundBirth Account will expire and shall not be payable to you (if you do not request payment and/or you do not use your account for at least one (1) year of your last log-in. Please note that your use of the Service may be subject to data charges imposed by your internet or mobile phone provider and that you are responsible for payment of such charges. We shall not be liable for costs and expenses charged in relation to any card or other payment system payments made to you. You, as the registered Influencer, shall be solely responsible for any and all uses and payments in relation to your registration with SoundBirth.

Disputes. If a dispute should arise between SoundBirth and any Influencer, curator or Artist (or between SoundBirth and any third party rightsholder) involving an item (or items), SoundBirth will seek to resolve such dispute as fairly and reasonably as possible. If we resolve such a dispute in favour of an Influencer or third party, we reserve the right in our sole discretion to remove or withhold funds from the relevant Artist account or, where insufficient funds are available, directly invoice Artist for an amount equivalent to the sum paid or payable to such Influencer or third party. If we resolve such a dispute in favour of an artist, we will credit his/her wallet with the same amount of SoundBirth coins involved in the dispute.

GENERAL

TERM

The term (“Term”) of the Payment & Subscriptions Terms of Use will commence from the date of payment, (“Effective Date”) and continue until terminated or canceled in accordance with the Payment & Subscriptions Terms of Use or Terms of Use.

SoundBirth may, in its sole discretion, at any time during the Term, terminate your Account and/or Subscription if SoundBirth deems that any of your Recordings or other content violates the Agreements, including but not limited to, uploading copyright infringed content, engaging in any illegal, forced, manipulated or fraudulent activity or if we reasonably believe that the payment was made fraudulently.

TERMINATION

If you cancel your Subscription or if you do not pay the renewal fee and your Subscription expires, your Account will return to a free account, meaning you can no longer access the Premium / Premium+ SUBSCRIPTION tools. You can re-subscribe at any time and get access to all tools again. There will not be a Grace Period should you or SoundBirth terminate or cancel your Account or Subscription.

You can also request the complete deletion of your data and account from the “More” section of the application. Please note that your subscription is linked to your Android or iOS  account on your store, not your SoundBirth account, so you should manage it accordingly. 

Should SoundBirth or any of the payment methods used detect fraud or any unlawful behaviour in regards to your payment, SoundBirth reserves the right to, in its sole discretion, immediately close down your account.

SoundBirth also reserves the right, in its sole discretion, to determine if you, your use of the Services or your Recordings have breached any section of the Agreements. If we find that a breach has occurred, we take such and any action we deem appropriate. We might, but not limited to, temporarily or permanently disable or block your Account and remove any and all Recordings and/or material uploaded through our Services, withhold any royalties attributable as well as freeze your Account, without notifying you.

REFUNDS

As soon as you have made your payment, you’ll receive access to the SoundBirth SUBSCRIPTIONS services or  get credits of SoundBirth coins in your wallet. You may therefore only receive a refund of your paid Subscription or purchases if SoundBirth is in direct violation/breach of these Subscriptions Terms of use. In no other circumstance are you entitled to a refund. Any refund approved will be paid out to the same method of payment you used when paying for SoundBirth SUBSCRIPTIONS on Apple and Google Play store. You are not entitled to a refund if we terminate your Account because you have breached the Agreements.

We are in no way liable or responsible for any third party failures. We will, however, do our best to help fix the problem.

LIMITATIONS OF LIABILITY AND WARRANTIES

THESE SOUNDBIRTH SUBSCRIPTIONS SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. SOUNDBIRTH DO NOT GUARANTEE THAT ACCESS TO OR USE OF THE SITE OR SOUNDBIRTH SERVICES WILL BE CONTINUOUS, UNINTERRUPTED, ERROR-FREE OR SECURE. YOU AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SOUNDBIRTH SUBSCRIPTIONS SERVICE IS TO UNSUBSCRIBE FROM SOUNDBIRTH SUBSCRIPTIONS.

Moreover, you agree that you have received permission for and from each artist you invite or make an artist profile for. You also agree that you are to every extent responsible and liable for the correctness of the royalty splits that you administer in the SOUNDBIRTH service.

CHANGES TO THE AGREEMENTS

Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. Should you not accept these changes, please cancel your account.

CHANGES TO THE SERVICE

We may from time to time, in our sole discretion, make changes to the Services. When we make material changes, we’ll do our best to notify you about them.

CONTACT US

If you have any questions concerning SOUNDBIRTH SUBSCRIPTIONS services or the Agreements, please reach out: contact(at)sound-birth.com