Last updated: 19 January 2026
By accessing, browsing, or utilising the website and services available at https://soundverter.com (collectively, the 'Service'), you unconditionally and irrevocably agree to be bound by these Terms of Service (the 'Terms' or 'Agreement'). If you do not agree to these Terms in their entirety, you are strictly prohibited from accessing or using the Service.
These Terms constitute a legally binding agreement between you ('you', 'your', 'User', or 'Customer') and Soundverter ('Soundverter', 'we', 'us', 'our', or 'Company'), a service provider operating under the laws of the Republic of India.
Your continued use of the Service constitutes your ongoing acceptance of these Terms, including any modifications, amendments, or updates made from time to time.
You acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies referenced herein, which are incorporated by reference and form an integral part of this Agreement.
You represent and warrant that you are at least 18 (eighteen) years of age and possess the legal capacity to enter into binding contracts under the Indian Contract Act, 1872. If you are below 18 years of age, you may use the Service only under the supervision and with the express consent of a parent or legal guardian who agrees to be bound by these Terms.
If you are accessing or using the Service on behalf of any corporate entity, organisation, partnership, limited liability partnership, or any other legal entity, you represent and warrant that: (a) you are duly authorised by such entity to bind it to these Terms; (b) you have the requisite authority, power, and capacity to accept these Terms on behalf of such entity; and (c) such entity agrees to be liable and responsible for your actions and omissions.
You further represent that your use of the Service does not violate any applicable law, statute, ordinance, regulation, or restriction imposed by the Government of India, any State Government, or any regulatory or statutory authority.
We reserve the absolute right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion without assigning any reason or providing prior notice.
We reserve the unconditional and absolute right to modify, amend, update, revise, or replace these Terms at any time, in whole or in part, at our sole and absolute discretion, with or without prior notice to you.
Any modifications to these Terms shall become effective immediately upon posting on the Service or at such later date as may be specified. The 'Effective Date' mentioned at the beginning of these Terms shall reflect the date of the most recent version.
Your continued access to or use of the Service following the posting of any changes constitutes your binding acceptance of such modifications. It is your sole responsibility to review these Terms periodically for changes.
If you do not agree to any modification of these Terms, your sole and exclusive remedy is to discontinue using the Service immediately. Continued use after changes are posted constitutes your irrevocable acceptance of the modified Terms.
We may also modify, suspend, or enhance any arbitration, mediation, or dispute resolution mechanisms specified herein to the fullest extent permitted by applicable law, and your continued use constitutes acceptance of such modifications.
The Service provides a web-based platform and technological tools that enable Users to request, fetch, and download publicly accessible audio content from SoundCloud and other third-party platforms, strictly for personal, non-commercial use, subject to all applicable laws, third-party terms of service, and intellectual property rights.
The Service functions as a neutral technology provider and intermediary platform. We do not host, store, cache, or retain any audio content files, music tracks, or multimedia content on our servers. All conversions, processing, and downloads occur locally within your web browser's environment using client-side technologies, and we do not retain, store, or have access to any downloaded audio files.
The Service may include additional features such as user accounts, download history tracking, playlist management, metadata retrieval, and other ancillary functionalities, all of which are provided 'as is' without any warranties.
We expressly disclaim any responsibility, liability, or obligation for the content accessed, downloaded, or utilised through the Service. You acknowledge that you are solely responsible for ensuring that you possess all necessary rights, licences, permissions, consents, and authorisations to access, download, use, reproduce, or distribute any content.
We may offer account registration features that allow you to create a user profile, maintain download history, view previously accessed track URLs, save preferences, and access enhanced functionalities.
Upon registration, you agree to: (a) provide accurate, current, and complete information; (b) maintain and promptly update your information to keep it accurate and current; (c) maintain the security and confidentiality of your account credentials; (d) immediately notify us of any unauthorised use or security breach; and (e) accept all responsibility for all activities that occur under your account.
Your download history, including metadata, track URLs, timestamps, and related information, may be stored in our secure centralised database solely for the purpose of providing account features, improving core functionality, detecting abuse, and enhancing user experience.
This information is accessible only to you whilst logged into your account and to Soundverter for legitimate operational, security, and technical purposes. We do not publicly share, sell, or disclose this information except as required by law or as outlined in our Privacy Policy.
You acknowledge that we reserve the right to suspend, terminate, or delete your account at any time for any reason, including violation of these Terms, suspicious activity, abuse of the Service, or prolonged inactivity, without prior notice and without liability.
You are solely, exclusively, and absolutely responsible for your use of the Service and for ensuring that you possess all necessary rights, licences, permissions, consents, or authorisations required under applicable law to access, download, reproduce, use, distribute, or otherwise exploit any content obtained through the Service.
You expressly agree to comply with all applicable laws, statutes, ordinances, rules, regulations, and guidelines, including but not limited to: (a) the Copyright Act, 1957; (b) the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021; (c) any applicable intellectual property laws; (d) data protection and privacy laws; and (e) SoundCloud's Terms of Service and Community Guidelines.
You acknowledge and agree that Soundverter acts only as a neutral technology provider, platform operator, and intermediary, and exercises no control, supervision, or editorial authority over the content you choose to access, download, store, use, reproduce, or distribute.
You expressly agree not to use the Service for any unlawful, unauthorised, fraudulent, or improper purpose, or in any manner that violates these Terms, third-party rights, or applicable law.
You assume all risks, liabilities, and consequences associated with your use of the Service and any content accessed, downloaded, or utilised through the Service, including any legal, financial, reputational, or other consequences arising from copyright infringement, privacy violations, or other unlawful conduct.
You expressly agree that you shall NOT, and shall not attempt to, engage in any of the following prohibited activities:
(a) Infringe, misappropriate, or violate any intellectual property rights, including copyrights, trademarks, patents, trade secrets, or moral rights of any third party;
(b) Download, reproduce, distribute, or use any content for which you do not possess the requisite rights, licences, permissions, or authorisations;
(c) Bypass, circumvent, disable, or interfere with any technical protection measures, digital rights management (DRM) systems, encryption, authentication mechanisms, paywalls, subscription protections, geographic restrictions, or access controls;
(d) Use the Service to download premium, subscription-only, or otherwise restricted content without proper authorisation or payment;
(e) Interfere with, disrupt, damage, impair, or place unreasonable burden on the Service, our servers, networks, or infrastructure, or the servers or networks connected to the Service;
(f) Attempt to gain unauthorised access to the Service, other user accounts, computer systems, or networks through hacking, password mining, brute force attacks, SQL injection, cross-site scripting, or any other means;
(g) Introduce, upload, transmit, or distribute any viruses, malware, trojans, worms, ransomware, spyware, or other malicious or harmful code;
(h) Use automated scripts, bots, spiders, crawlers, scrapers, or similar data mining or extraction tools to excessively access, scrape, copy, monitor, or harvest content or data from the Service;
(i) Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, underlying algorithms, or trade secrets of the Service;
(j) Misrepresent your identity, affiliation, ownership, or authorisation to access, download, use, or distribute content;
(k) Use the Service for any commercial purpose, including resale, redistribution, sublicensing, or exploitation of downloaded content, without our prior written consent;
(l) Violate any applicable law, regulation, or third-party rights, or encourage or facilitate any such violation;
(m) Engage in any activity that could expose us to legal liability, regulatory action, reputational harm, or financial loss.
We reserve the right to investigate violations, cooperate with law enforcement authorities, and take appropriate legal action against violators, including civil and criminal prosecution, without prior notice.
The Service may interact with, integrate with, or provide access to third-party services, platforms, websites, APIs, or content providers (including but not limited to SoundCloud) solely at your direction and for your convenience. Your use of any third-party service is governed exclusively by such third party's terms of service, privacy policy, community guidelines, and other applicable policies.
Soundverter is not a party to, and assumes no responsibility, liability, or obligation under, any agreement between you and any third-party service provider. We do not endorse, warrant, guarantee, or assume responsibility for any third-party service, platform, content, product, or advertisement.
We are not responsible or liable for: (a) the availability, accuracy, reliability, quality, legality, or appropriateness of third-party content or services; (b) any obligations, liabilities, damages, losses, or expenses arising from your use of third-party services; (c) any changes, modifications, suspensions, or discontinuations of third-party services or APIs; (d) any breaches, violations, or failures by third-party providers.
Features, functionalities, or integrations may break, malfunction, become unavailable, or cease to function due to changes in third-party APIs, terms of service, technical specifications, or business decisions. Soundverter shall have no liability whatsoever for any such disruptions, and you waive any claims against us arising from third-party changes.
You acknowledge that third-party platforms such as SoundCloud may prohibit, restrict, or limit the downloading of content through their terms of service, and you are solely responsible for compliance with such terms.
All rights, title, interest, ownership, and intellectual property rights in and to the Service, including but not limited to the website, software, source code, object code, algorithms, architecture, user interface, design, graphics, logos, trademarks, service marks, trade names, and all related documentation and materials, are and shall remain the exclusive property of Soundverter or its licensors.
Nothing in these Terms grants you any right, title, interest, licence, or ownership in or to the Service or any intellectual property rights thereof, except for the limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service strictly in accordance with these Terms.
All rights, title, and interest in and to any third-party content, including audio files, music tracks, artwork, metadata, or other materials accessed or downloaded through the Service, remain the exclusive property of their respective copyright owners, creators, or licensors. Soundverter does not claim, assert, or exercise any ownership, control, or rights over any third-party content.
By submitting, inputting, or providing any information, data, links, URLs, feedback, suggestions, or other materials to the Service, you grant Soundverter a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable licence to use, reproduce, modify, adapt, process, store, transmit, and otherwise exploit such materials solely for the purposes of operating, maintaining, improving, and providing the Service.
You represent and warrant that you own or have sufficient rights to grant the foregoing licence, and that your submissions do not violate any third-party rights or applicable law.
We respect the rights of content creators, artists, musicians, composers, producers, and other rights holders. If you are an artist, rights holder, or authorised representative thereof, and you do not wish your music, audio content, or other copyrighted works to be accessible or downloadable through our Service, you may submit an opt-out request.
Upon receipt of a valid opt-out request and reasonable verification of your rights and ownership, we will implement commercially reasonable measures to block, restrict, or prevent downloads of tracks, albums, playlists, or other content associated with your verified artist name, profile, or catalogue from being processed through our system on a go-forward basis.
To submit an opt-out request, please email support@soundverter.com with the following information: (a) proof of ownership, rights, or authorisation (e.g., links to official artist profiles, distribution agreements, copyright registrations); (b) specific links, URLs, or identifiers of the content to be blocked; (c) your contact information and legal name; and (d) a statement that you are the rights holder or authorised representative.
Please note that we cannot guarantee that all variants, alternate versions, covers, remixes, mislabeled uploads, or unauthorised copies will be blocked, as such content may be uploaded by third parties or may not contain accurate metadata. Blocking measures are implemented on a commercially reasonable efforts basis and are subject to technical limitations.
We do not pre-screen or monitor content and are not liable for any unauthorised uploads, infringements, or violations by third-party users of SoundCloud or other platforms. This opt-out policy does not create any obligation, duty, or liability on our part to monitor, police, or enforce intellectual property rights.
We respect intellectual property rights and expect our Users to do the same. If you believe that any content accessible through our Service infringes your copyright or other intellectual property rights, please refer to our separate Copyright Infringement and DMCA Policy available on our website, or contact us at support@soundverter.com.
We comply with applicable provisions of the Indian Copyright Act, 1957, as well as international copyright treaties and conventions. We respond to valid notices of alleged copyright infringement and may take appropriate action, including removing or disabling access to allegedly infringing content and terminating accounts of repeat infringers.
Please note that under the Information Technology Act, 2000, intermediaries like Soundverter are granted certain safe harbour protections provided we comply with applicable due diligence requirements and do not initiate, modify, or select the content accessed by Users. We do not pre-screen, monitor, or exercise editorial control over User-generated inputs or third-party content.
False, fraudulent, or bad faith allegations of copyright infringement may subject you to legal liability, including damages, costs, and attorneys' fees. You should consult with legal counsel before submitting a copyright infringement notice.
Certain features, functionalities, or premium services may require payment of fees, charges, or subscription amounts. All fees are stated in Indian Rupees (₹ INR) unless otherwise specified.
We use third-party payment processors, including Stripe, to process payments. Your payment information is provided directly to the payment processor and is subject to their privacy policy and terms of service. We do not collect, store, or retain your complete payment card details on our systems.
All payments are non-refundable unless otherwise required by applicable law or expressly stated in our refund policy. By making a payment, you authorise us to charge the applicable fees to your chosen payment method.
We reserve the right to modify, increase, or change our pricing, fees, or subscription plans at any time with reasonable prior notice. Continued use of paid services after a fee change constitutes your acceptance of the new fees.
Failure to pay applicable fees may result in suspension or termination of your access to paid features or services. We reserve the right to pursue all legal remedies for non-payment, including debt recovery proceedings.
We reserve the absolute right to modify, suspend, discontinue, restrict, or terminate the Service or any part thereof, temporarily or permanently, at any time, with or without prior notice, and without incurring any liability or obligation to you or any third party.
The Service may be unavailable due to scheduled or emergency maintenance, technical issues, server failures, third-party disruptions, regulatory requirements, or other factors beyond our reasonable control. We do not guarantee continuous, uninterrupted, secure, or error-free access to the Service.
Certain features may be labelled as 'beta', 'experimental', 'preview', or 'trial', and may be incomplete, unstable, untested, or subject to change or discontinuation without notice. You use such features entirely at your own risk.
We may impose usage limits, rate limits, download quotas, bandwidth restrictions, or other technical or operational limitations on your use of the Service at any time without prior notice.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED ON AN 'AS IS', 'AS AVAILABLE', AND 'WITH ALL FAULTS' BASIS, WITHOUT WARRANTIES, REPRESENTATIONS, CONDITIONS, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
SOUNDVERTER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND INTEGRATION; (B) WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; (C) WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE, OR ERROR-FREE; (D) WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED; (E) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, QUALITY, LEGALITY, OR APPROPRIATENESS OF CONTENT, RESULTS, OR INFORMATION OBTAINED THROUGH THE SERVICE.
SOUNDVERTER DOES NOT WARRANT THAT: (A) THE SERVICE OR THE SERVERS, INFRASTRUCTURE, OR NETWORKS THAT MAKE IT AVAILABLE ARE FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS; (B) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (C) ANY CONTENT, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICE IS ACCURATE, COMPLETE, CURRENT, OR RELIABLE; (D) THE SERVICE WILL BE COMPATIBLE WITH YOUR DEVICES, BROWSERS, OR SOFTWARE.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK, AND THAT YOU ASSUME FULL RESPONSIBILITY AND LIABILITY FOR ANY AND ALL CONSEQUENCES, DAMAGES, LOSSES, OR HARM ARISING FROM YOUR USE OF THE SERVICE, INCLUDING ANY DOWNLOADS, CONTENT, OR INFORMATION OBTAINED THROUGH THE SERVICE.
NO ADVICE, INFORMATION, OR STATEMENT, WHETHER ORAL OR WRITTEN, OBTAINED FROM SOUNDVERTER OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. IF APPLICABLE LAW DOES NOT PERMIT THE COMPLETE EXCLUSION OF IMPLIED WARRANTIES, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND ANY SUCH WARRANTIES SHALL BE LIMITED TO THE SHORTEST DURATION AND NARROWEST SCOPE PERMITTED BY LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SOUNDVERTER, ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, SHAREHOLDERS, PARTNERS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUCCESSORS, OR ASSIGNS (COLLECTIVELY, THE 'SOUNDVERTER PARTIES') BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:
(A) LOSS OF PROFITS, REVENUE, INCOME, BUSINESS, GOODWILL, REPUTATION, OR ANTICIPATED SAVINGS;
(B) LOSS OF DATA, INFORMATION, CONTENT, OR FILES;
(C) LOSS OF USE, FUNCTIONALITY, OR OPPORTUNITY;
(D) COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES;
(E) BUSINESS INTERRUPTION, DOWNTIME, OR OPERATIONAL DELAYS;
(F) LEGAL, REGULATORY, OR COMPLIANCE COSTS, INCLUDING FINES, PENALTIES, OR SANCTIONS;
(G) PERSONAL INJURY, EMOTIONAL DISTRESS, REPUTATIONAL HARM, OR PROPERTY DAMAGE;
(H) ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE WHATSOEVER;
WHETHER ARISING OUT OF OR RELATING TO: (I) YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT, CONTENT, OR MATERIALS OF ANY THIRD PARTY ON OR ACCESSED THROUGH THE SERVICE; (III) ANY CONTENT, DATA, OR INFORMATION OBTAINED THROUGH THE SERVICE; (IV) UNAUTHORISED ACCESS TO, ALTERATION OF, OR DELETION OF YOUR DATA OR TRANSMISSIONS; (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY; (VI) ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, OR DELAYS IN OPERATION OR TRANSMISSION; (VII) ANY OTHER MATTER RELATING TO THE SERVICE.
THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF THE LEGAL THEORY OR BASIS OF THE CLAIM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, STRICT LIABILITY, OR PRODUCT LIABILITY), STATUTE, EQUITY, OR OTHERWISE, AND EVEN IF SOUNDVERTER HAS BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOUNDVERTER'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS, LOSSES, DAMAGES, OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, STATUTE, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT ACTUALLY PAID BY YOU, IF ANY, TO SOUNDVERTER FOR USE OF THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED INDIAN RUPEES (₹ 100).
THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU ACKNOWLEDGE THAT THE FEES CHARGED FOR THE SERVICE (IF ANY) REFLECT THE ALLOCATION OF RISK SET FORTH IN THESE TERMS AND THAT SOUNDVERTER WOULD NOT PROVIDE THE SERVICE WITHOUT THESE LIMITATIONS.
You hereby agree to defend, indemnify, protect, and hold harmless the Soundverter Parties from and against any and all claims, demands, causes of action, proceedings, lawsuits, investigations, liabilities, damages, losses, costs, expenses, fees, fines, penalties, and sanctions of any kind or nature (including but not limited to reasonable legal fees, attorneys' fees, expert fees, court costs, and investigation costs), arising out of, relating to, or in connection with:
(a) Your access to, use of, or misuse of the Service;
(b) Your violation, breach, or alleged breach of these Terms or any applicable law, statute, regulation, or third-party rights;
(c) Your violation of any intellectual property rights, privacy rights, data protection rights, publicity rights, or other proprietary rights of any third party;
(d) Your submission, posting, uploading, or transmission of any content, information, data, or materials through the Service;
(e) Your negligent, reckless, wilful, or unlawful acts or omissions;
(f) Any claims, demands, or actions brought by third parties, including but not limited to rights holders, content creators, artists, SoundCloud, other platform providers, governmental authorities, regulatory bodies, law enforcement agencies, or other users;
(g) Any misrepresentation, false statement, or breach of warranty made by you;
(h) Any damage, harm, or loss caused to third parties or their property arising from your conduct or use of the Service.
This indemnification obligation includes claims arising from the acts or omissions of your employees, agents, contractors, affiliates, successors, or assigns. You agree to cooperate fully with us in the defence of any claim and shall not settle any claim without our prior written consent.
We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you shall cooperate with us in asserting any available defences. This indemnification obligation shall survive the termination or expiration of these Terms.
GOVERNING LAW: These Terms and any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your relationship with Soundverter (collectively, 'Disputes') shall be governed by and construed in accordance with the substantive and procedural laws of the Republic of India, without giving effect to any principles of conflicts of law that would require the application of the law of any other jurisdiction.
MANDATORY ARBITRATION: BY USING THE SERVICE, YOU IRREVOCABLY AGREE THAT ANY AND ALL DISPUTES SHALL BE RESOLVED EXCLUSIVELY THROUGH FINAL AND BINDING ARBITRATION CONDUCTED IN ACCORDANCE WITH THE ARBITRATION AND CONCILIATION ACT, 1996 (AS AMENDED FROM TIME TO TIME), AND NOT THROUGH LITIGATION IN COURTS OF LAW.
The arbitration shall be conducted by a sole arbitrator appointed in accordance with the Arbitration and Conciliation Act, 1996. The seat and venue of arbitration shall be [SPECIFY CITY, e.g., Mumbai/Delhi/Bangalore], India. The language of arbitration shall be English. The arbitration proceedings and award shall be confidential.
SOUNDVERTER'S SELECTION RIGHTS: Soundverter reserves the right, at its sole discretion, to select: (a) the arbitral institution or rules governing the arbitration (e.g., Indian Council of Arbitration, International Centre for Alternative Dispute Resolution, or ad hoc arbitration); (b) the seat and venue of arbitration within India; (c) the arbitrator from a panel of qualified arbitrators; and (d) whether the proceedings shall be conducted in person, via video conference, or based on written submissions.
WAIVER OF COURT LITIGATION: YOU IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY RIGHT TO INITIATE, PURSUE, OR PARTICIPATE IN ANY CIVIL LITIGATION, LAWSUIT, OR COURT PROCEEDINGS AGAINST SOUNDVERTER OR ANY OF THE SOUNDVERTER PARTIES IN ANY COURT OF LAW, AND AGREE THAT ARBITRATION IS THE SOLE AND EXCLUSIVE FORUM FOR RESOLVING DISPUTES.
CLASS ACTION AND REPRESENTATIVE PROCEEDINGS WAIVER: YOU AND SOUNDVERTER AGREE THAT ALL DISPUTES SHALL BE BROUGHT ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, CONSOLIDATED PROCEEDING, REPRESENTATIVE ACTION, OR MASS ARBITRATION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION AGAINST SOUNDVERTER.
FEES AND COSTS: Each party shall bear its own costs, expenses, and legal fees incurred in connection with the arbitration, subject to the arbitrator's authority to award costs and fees to the prevailing party as permitted by the Arbitration and Conciliation Act, 1996, or applicable arbitration rules.
TIME LIMIT TO INITIATE PROCEEDINGS: Any Dispute must be initiated by filing a notice of arbitration or commencing arbitration proceedings within one (1) year from the date on which the cause of action first arose. Any claim not brought within this period shall be permanently barred and waived.
JURISDICTION OF INDIAN COURTS: Notwithstanding the arbitration agreement, Soundverter reserves the right to seek injunctive relief, interim relief, specific performance, or equitable remedies in any court of competent jurisdiction in India to protect its intellectual property rights, proprietary information, confidential information, or the security and integrity of the Service. You irrevocably consent to the exclusive jurisdiction of the courts located in [SPECIFY CITY, e.g., Mumbai/Delhi/Bangalore], India, for such purposes.
SEVERABILITY AND SURVIVAL: If any provision of this dispute resolution clause is found to be invalid, void, or unenforceable by a court or arbitrator, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law. This section shall survive the termination or expiration of these Terms and your use of the Service.
NO OPT-OUT: There is no right to opt out of this arbitration agreement. Your creation of an account, access to the Service, or continued use of the Service constitutes your binding consent to this arbitration agreement and waiver of court litigation.
We reserve the absolute and unconditional right to suspend, restrict, throttle, limit, disable, or terminate your access to or use of the Service, in whole or in part, temporarily or permanently, at any time, with or without prior notice, and without liability or obligation to you, for any reason or no reason, including but not limited to:
(a) Violation, breach, or suspected breach of these Terms or any applicable law;
(b) Misuse, abuse, or fraudulent use of the Service;
(c) Engaging in prohibited conduct or activities that harm or threaten the Service, other users, or third parties;
(d) Non-payment of fees or charges owed to us;
(e) Prolonged inactivity or abandoned accounts;
(f) Receipt of legal process, court orders, government directives, or regulatory requests;
(g) Infringement or alleged infringement of intellectual property rights;
(h) Actions that expose us to legal, financial, regulatory, or reputational risk;
(i) Technical, operational, or business reasons.
Upon termination or suspension, your right to access and use the Service shall immediately cease. All licences and rights granted to you under these Terms shall automatically terminate. You remain liable for all obligations, liabilities, and amounts due prior to termination.
We may, but are not obligated to, delete your account, data, content, and information upon termination. We shall have no liability for any deletion, loss, or destruction of data resulting from termination.
The following provisions shall survive any termination or expiration of these Terms: Sections relating to intellectual property, user responsibilities, prohibited conduct, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and any other provisions which by their nature should survive.
Soundverter shall not be liable or responsible for any failure, delay, interruption, or inability to perform any obligation under these Terms, or for any loss, damage, or expense arising from any cause beyond its reasonable control, including but not limited to:
(a) Acts of God, natural disasters, earthquakes, floods, cyclones, storms, fires, explosions, epidemics, pandemics, or other catastrophic events;
(b) War, armed conflict, terrorism, civil unrest, riots, insurrection, rebellion, strikes, labour disputes, or political instability;
(c) Government action, legislation, regulation, executive orders, court orders, embargoes, sanctions, or other governmental restrictions;
(d) Failure or disruption of electricity, power, telecommunications, internet, or other utility services;
(e) Cyber-attacks, hacking, denial-of-service attacks, data breaches, or other security incidents;
(f) Failures, malfunctions, or interruptions of third-party services, platforms, networks, APIs, or infrastructure;
(g) Any other event or circumstance beyond our reasonable control.
In the event of a force majeure, our obligations shall be suspended for the duration of such event, and we shall be entitled to a reasonable extension of time to perform our obligations.
ENTIRE AGREEMENT: These Terms, together with our Privacy Policy and any other policies or documents expressly incorporated by reference, constitute the entire agreement between you and Soundverter regarding the Service and supersede all prior or contemporaneous agreements, understandings, representations, warranties, communications, or proposals, whether oral or written.
NOTICES: We may provide notices, communications, or announcements to you by posting on the Service, sending an email to the email address associated with your account, displaying in-app notifications, or by other reasonable means. You agree that electronic notices satisfy any legal requirement that notices be in writing. Notices to Soundverter must be sent to support@soundverter.com.
ASSIGNMENT: You may not assign, transfer, delegate, or sublicence these Terms or any rights or obligations hereunder, whether voluntarily, by operation of law, or otherwise, without our prior written consent. Any purported assignment in violation of this provision shall be null and void. We may freely assign, transfer, or delegate these Terms and our rights and obligations hereunder to any third party, including in connection with a merger, acquisition, reorganisation, sale of assets, or by operation of law, without your consent or prior notice.
THIRD-PARTY BENEFICIARIES: The Soundverter Parties, including our owners, shareholders, members, officers, directors, employees, contractors, agents, affiliates, subsidiaries, parent companies, licensors, service providers, successors, and assigns, are express third-party beneficiaries of the disclaimers, limitations of liability, indemnification obligations, waivers, and dispute resolution provisions set forth in these Terms and shall have the right to enforce such provisions directly.
SEVERABILITY: If any provision of these Terms is held to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction or arbitrator, such provision shall be modified to the minimum extent necessary to make it valid and enforceable whilst preserving its original intent, or if such modification is not possible, such provision shall be severed and deleted from these Terms. The remaining provisions shall remain in full force and effect and shall not be affected or impaired.
WAIVER: No waiver of any term, provision, or condition of these Terms, whether by conduct or otherwise, shall be deemed or construed as a further or continuing waiver of such term or any other term. Our failure or delay in exercising any right, power, or privilege under these Terms shall not operate as a waiver thereof, nor shall any single or partial exercise preclude any other or further exercise or the exercise of any other right, power, or privilege.
SURVIVAL: All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to Sections relating to intellectual property, ownership, user responsibilities, prohibited conduct, third-party services, disclaimers, limitations of liability, indemnification, dispute resolution, governing law, and miscellaneous provisions.
HEADINGS: Section headings and titles in these Terms are for convenience and reference only and shall not affect the interpretation, construction, or meaning of any provision.
LANGUAGE: These Terms are drafted in the English language. In the event of any conflict or inconsistency between the English version and any translation, the English version shall prevail.
RELATIONSHIP: Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between you and Soundverter. You have no authority to bind or represent Soundverter in any manner.
INDEPENDENT COVENANTS: Each covenant, warranty, representation, obligation, and agreement set forth in these Terms is independent and severable, and shall be enforceable independently of any other covenant, warranty, or provision.
The Service is controlled and operated from India and is intended for use by persons located in India or in jurisdictions where such use is lawful. We make no representation or warranty that the Service or any content, material, or functionality is appropriate, available, or legal in all jurisdictions.
You represent and warrant that: (a) you are not located in, or a resident or national of, any country subject to international sanctions, embargoes, or export restrictions; (b) you are not listed on any government list of prohibited, sanctioned, or restricted parties; (c) your use of the Service is lawful in your jurisdiction and does not violate any applicable laws or regulations.
We reserve the right to restrict, limit, or deny access to the Service, in whole or in part, in any country, territory, or jurisdiction where such access would be unlawful, impracticable, or inconsistent with our business interests, without prior notice or liability.
You agree to comply with all applicable export control laws, import laws, sanctions regulations, and trade restrictions imposed by the Government of India, the United Nations, or any other governmental authority. You shall not export, re-export, transfer, or otherwise make available the Service or any related technology or software to any prohibited destination, entity, or person.
Your privacy is important to us. Our collection, use, storage, disclosure, and protection of your personal information and data is governed by our Privacy Policy, which is incorporated into these Terms by reference.
By using the Service, you consent to the collection, processing, and use of your information in accordance with our Privacy Policy and applicable data protection laws, including the Information Technology Act, 2000, and the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
You acknowledge and agree that we may collect, store, process, and use technical information, usage data, device information, log data, cookies, and other information as described in our Privacy Policy for the purposes of operating, improving, securing, and personalising the Service.
BY CLICKING 'I ACCEPT', 'I AGREE', OR ANY SIMILAR BUTTON OR CHECKBOX, OR BY ACCESSING, BROWSING, OR USING THE SERVICE IN ANY MANNER, YOU ACKNOWLEDGE THAT:
(a) You have carefully read, understood, and agree to be bound by these Terms in their entirety;
(b) You have the legal capacity, authority, and right to enter into this binding agreement;
(c) You consent to the disclaimers, limitations of liability, waivers, and dispute resolution mechanisms set forth herein;
(d) You understand that you are waiving certain legal rights, including the right to sue in court and the right to a jury trial;
(e) You have had the opportunity to seek independent legal advice regarding these Terms and have either done so or voluntarily waived such opportunity;
(f) You agree that electronic acceptance constitutes your legal signature and binding consent.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY DISCONTINUE ALL USE OF THE SERVICE.
For any questions, concerns, notices, requests, complaints, or inquiries regarding these Terms, the Service, artist opt-out requests, copyright matters, or legal notices, please contact us at:
Email: support@soundverter.com
We will make reasonable efforts to respond to your inquiry within a reasonable timeframe, subject to the volume of requests and the nature of your inquiry.