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Last Updated: 2023-09-06 02:07:47

Terms and Conditions

1. Introduction

Please read these Terms and Conditions carefully before using Sounda (the "Service"). These Terms and Conditions govern your access to and use of the Service, including any content, features and functionality offered through the Service on the app or web. By accessing or using the Service, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these Terms and Conditions, you may not use the Service.

2. Use of the Service

a. Eligibility: You must be at least 13 years old to use the Service. If you are accessing or using the Service on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms and Conditions.

b. Account Creation: To use certain features of the Service, you may need to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to provide accurate and complete information when creating your account and to promptly update any information that may change.

c. User Content: The Service may allow you to post, upload or submit content, such as playlists, comments or reviews. You retain ownership of any intellectual property rights in the content you submit. By posting, uploading or submitting content, you grant Sounda a non-exclusive, royalty-free, permission to use, reproduce, distribute, prepare derivative works of display and perform your content in connection with the Service.

3. Intellectual Property Rights

a. Service Content: The Service and its original content, features and functionality are owned by Sounda and its licensors and are protected by intellectual property laws. You may not copy, modify, distribute, sell, lease or create derivative works of any part of the Service unless expressly authorized by Sounda.

b. User Content: Sounda respects the intellectual property rights of others. If you believe that any content on the Service infringes your copyrights, please contact us at copyright@sounda.co and provide the necessary information to facilitate a proper investigation. Please refer to our Copyright Policy.

4. Prohibited Conduct

When using the Service, you agree not to:

a. Violate any applicable laws or regulations.

b. Use the Service for any illegal, harmful or unauthorized purpose.

c. Interfere with or disrupt the Service or servers or networks connected to the Service.

d. Attempt to gain unauthorized access to the Service or other accounts.

e. Engage in any form of automated data collection or extraction without prior written consent from Sounda.

f. Abuse, harass or intimidate other users of the Service.

g. Transmit any viruses, worms, spams or malwares or other items of a destructive nature.

h. Use any spider, readers, site search application or other device to retrieve or index any portion of the Service, with the exception of major public search engines.

i. Upload any content that includes code hidden or otherwise contained within the content which is unrelated to the content.

j. Reformat or frame any portion of any web page that is part of the Service.

k. Collect or harvest any personal identifiable information or account names or solicit users.

l. Impersonate another person or artist.

m. Upload content you do not have rights to without permission from the owner(s).

n. Post advertisements, promotions or solicitations.

o. Submit any content that falsely implies sponsorship of the content by the Service, falsify or delete any author attribution in any content or promote any information that you know is false or misleading.

p. Post any links to any external Internet sites that are obscene or sexually explicit material of any kind.

q. Sell or transfer or offer to sell or transfer any Sounda account to a third party without prior written approval from Sounda.

r. Artificially increase play counts or other statistics through the use of bots, pay-for-play services or other means.

s. Upload foreign content that is non-South Sudanese.

5. Privacy

Your privacy is of great importance to us. Please refer to our Privacy Policy for information on how we collect, use and disclose your personal information.

6. Disclaimer of Warranties

The Service is provided on an "as is" and "as available" basis without warranties of any kind. Sounda does not warrant that the Service will be uninterrupted, error-free or secure. Your use of the Service is at your own risk.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SOUNDA AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA OR GOODWILL.

8. Indemnification

 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SOUNDA AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, OWNERS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS AND LICENSORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY, LOSSES, DAMAGES, OBLIGATIONS, COSTS AND EXPENSES, INCLUDING LEGAL FEES, INCURRED BY ANY SOUNDA PARTY IN CONNECTION WITH ANY CONTENT OR USE OF ANY SOUNDA SERVICE, WHETHER VIA YOUR PASSWORD AND BY ANY OTHER PERSON, WHETHER OR NOT AUTHORIZED BY YOU. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND CONDITIONS OF SERVICE AND YOUR USE OF THE SERVICES.

9. Changes to the Terms and Conditions

Sounda reserves the right to modify or replace these Terms and Conditions at any time. Any changes will be effective immediately upon posting the revised Terms and Conditions on the Service. Your continued use of the Service after the posting of any changes constitutes your acceptance of the revised Terms and Conditions.

10. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of the jurisdiction of South Sudan where Sounda is based. Any disputes arising out of or in connection with these Terms and Conditions shall be subject to the exclusive jurisdiction of the courts in South Sudan.

11. Premium Subscription and Refund Policy

You can cancel your subscription at any time before the end of your 30-day payment period. You will be able to maintain your premium subscription until the following payment cycle, at which point your account will return to the free tier. We do not provide refunds for any partial subscription periods.

If you believe you were overcharged or charged multiple times, please reach out to us via support@sounda.co and we will help resolve the issue.

Sounda reserves the right to increase the price of subscriptions via advanced notice to the user. Sounda may increase the price of subscriptions due to a variety of reasons, including, but not limited to; changing market conditions, competitor pricing and licensing agreements with content partners.

If you have a subscription and your account is suspended or terminated by Sounda due to infringing of any Sounda’s terms of service, you will not be entitled to any refund for any unexpired period of your subscription. If your account is terminated because Sounda ceases to provide access to the service in the jurisdiction where you reside or from where you are attempting to access the service or in other reasonable circumstances as determined by Sounda at its discretion, refunds may be payable at the reasonable discretion of Sounda. Sounda has no liability to you or any obligation to provide a refund to you in connection with internet or other service outages or failures that are caused by the actions of government authorities, other third parties or events beyond our control.

12. Contact Us

If you have any questions or concerns about these Terms and Conditions, please contact us at support@sounda.co.

 

By using Sounda, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions.

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