Last updated: August 7, 2024
By accessing or using the SoundTu platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.
These Terms apply to all users of the Service, including executive users, administrators, and any other individuals who access or use the platform on behalf of an organization. By creating an account or using our services, you represent that you have the authority to bind your organization to these Terms.
SoundTu reserves the right to update these Terms at any time. We will notify users of material changes via email or platform notification at least 30 days before the changes take effect. Continued use of the Service after such modifications constitutes acceptance of the updated Terms.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" will refer to such entity. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service.
SoundTu provides a predictive resource analytics platform designed for executive leadership and enterprise decision-making. The Service includes:
To access the Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
SoundTu reserves the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or pose security risks to the platform or other users. We may also restrict access for non-payment, breach of contract, or violation of acceptable use policies.
You are responsible for implementing appropriate security measures, including multi-factor authentication where available, regular password updates, and monitoring of user access. We recommend implementing enterprise-grade security policies and conducting regular security audits.
You agree to use the Service responsibly and in accordance with these guidelines:
All content uploaded to or created within the Service must comply with applicable laws and regulations. You are responsible for ensuring that your data and content do not violate intellectual property rights, privacy laws, or other legal requirements.
You retain ownership of all data you input into the Service ("Customer Data"). SoundTu will process Customer Data solely to provide the Service and in accordance with our Privacy Policy and applicable data protection laws.
SoundTu implements industry-standard security measures to protect your data, including encryption, access controls, regular security audits, and compliance with SOC 2 Type II standards. However, no system is completely secure, and you acknowledge the inherent risks of data transmission and storage.
While SoundTu maintains regular backups and disaster recovery procedures, you are responsible for maintaining your own backup copies of critical data. We recommend regular data exports and independent backup procedures as part of your data governance strategy.
We may process your data to provide analytics, generate insights, and improve our services. All processing will be conducted in accordance with applicable privacy laws and our Privacy Policy. You consent to such processing as necessary for service delivery.
We will retain your data according to our data retention policies and your subscription terms. Upon termination of your account, we will delete or return your data as specified in your agreement, subject to legal retention requirements.
The Service, including all software, algorithms, designs, content, trademarks, and intellectual property, is owned by SoundTu and protected by intellectual property laws. You receive a limited, non-exclusive, non-transferable license to use the Service during your subscription term.
You retain all rights to your Customer Data. By using the Service, you grant SoundTu a limited license to process your data solely for the purpose of providing the Service and as described in our Privacy Policy.
Any feedback, suggestions, or ideas you provide about the Service may be used by SoundTu without compensation or attribution. You grant us a perpetual, irrevocable, worldwide license to use such feedback for product improvement and development.
The Service may include third-party content, software, or integrations. Such content is subject to the respective third-party terms and conditions, and we disclaim any responsibility for third-party content or services.
You may not use our trademarks, logos, or brand names without our prior written consent. Any authorized use must comply with our brand guidelines and trademark policies.
Access to the Service requires a paid subscription. Fees are based on your selected plan, usage levels, and any additional services. All fees are non-refundable except as expressly stated in these Terms or required by applicable law.
SoundTu may modify subscription prices with 60 days' written notice. Price changes will take effect at your next renewal period. You may cancel your subscription before the price change takes effect to avoid the new pricing.
Refunds are generally not provided except in cases of service failure or as required by law. We may provide service credits for documented service outages that exceed our service level commitments.
We may suspend your access to the Service for non-payment after providing reasonable notice. Suspended accounts may be terminated if payment is not received within 30 days of suspension.
SoundTu strives to maintain 99.9% uptime for the Service, excluding scheduled maintenance and circumstances beyond our control. We provide service level credits for documented outages that exceed our availability commitments.
We provide technical support during business hours (9 AM - 6 PM EST, Monday through Friday) for standard plans. Enterprise customers receive enhanced support options including 24/7 availability, dedicated support representatives, and priority response times.
Scheduled maintenance will be performed during off-peak hours with advance notice provided through our status page and email notifications. Emergency maintenance may be performed without prior notice when necessary to maintain security or service availability.
We maintain performance standards for response times, data processing speeds, and system availability. Detailed service level commitments are provided in your service agreement or enterprise contract.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SoundTu SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
IN NO EVENT SHALL SoundTu' TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE TWELVE MONTHS PRECEDING THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED.
Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so these limitations may not apply to you. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of government, terrorism, labor disputes, or internet service provider failures.
You agree to indemnify and hold harmless SoundTu from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of third-party rights.
You may terminate your account at any time by providing written notice or using the cancellation features in your account settings. Termination will be effective at the end of your current billing period, and you will continue to have access to the Service until that time.
We may terminate your account immediately for material breach of these Terms, non-payment after notice and cure period, or other circumstances that pose risks to the Service or other users. We may also terminate accounts with 30 days' notice for convenience.
Upon termination, your access to the Service will cease, and we may delete your data after a reasonable transition period (typically 30 days). You remain liable for all charges incurred prior to termination. Provisions that by their nature should survive termination will continue in effect.
Prior to termination, you may export your data using our data export tools. We will provide reasonable assistance with data migration during the transition period, subject to additional fees for extensive migration services.
These Terms are governed by the laws of the State of Illinois, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in Chicago, Illinois, in accordance with the Commercial Arbitration Rules of the American Arbitration Association.
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be settled by arbitration administered by the American Arbitration Association. The arbitration shall be conducted by a single arbitrator, and the decision shall be final and binding.
You agree that any arbitration or legal proceeding shall be conducted on an individual basis and not as part of a class action, collective action, or representative proceeding.
Either party may seek injunctive relief in court for intellectual property infringement or breach of confidentiality obligations without first proceeding to arbitration.
These Terms, together with our Privacy Policy and any additional agreements you have with us, constitute the entire agreement between you and SoundTu regarding the Service and supersede all prior agreements and understandings.
If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets with notice to you.
These Terms do not create any third-party beneficiary rights except as expressly stated herein.
All notices under these Terms shall be in writing and delivered to the addresses specified in your account or as otherwise provided herein. Electronic notices may be sent to your registered email address.
For questions about these Terms of Service, please contact us:
SoundTu Legal Department
Email: legal@soundtu.com
Phone: +1 929 384 6051
Address: 2335 W Cullerton St, Chicago, IL 60608, United States
For urgent legal matters, please mark your communication as "URGENT - LEGAL" to ensure expedited handling. We will respond to all inquiries within 5 business days.