Terms of Use

Agreement

These Terms of Use (“Terms”) form a binding agreement between you (“you,” “Subscriber,” or “Customer”) and Lushhh Productions AB, Agavägen 26, 181 39 Lidingö, Sweden, trading as SoundMe (“SoundMe,” “we,” “us,” or “our”). They govern your access to and use of SoundMe’s website, browser-based music player and related services (the “Service”), and the music catalog made available through the Service (the “Catalog”).

By subscribing to, accessing or using the Service, you accept these Terms. If you do not agree, you must not use the Service.

1. Business Use

SoundMe provides background music for businesses and organisations. By subscribing on behalf of a business or organisation, you confirm that you have authority to enter into this agreement on its behalf. References to “you” include that business or organisation.

2. Definitions

Catalog means the sound recordings and any underlying musical compositions made available through the Service for licensed playback.

Licensed Location means a single physical business premises operated by you and covered by your Subscription or a separate written agreement with SoundMe.

Public Performance means playing the Catalog audibly at a Licensed Location for customers, guests, members, employees or other persons present.

Subscription means an active, paid subscription to SoundMe, or an authorised free trial, covering the relevant Licensed Location.

PRO means a performing rights organisation acting in its capacity as a manager of songwriters’, composers’ or music publishers’ public-performance rights in musical compositions. Separate requirements imposed by local law are addressed in Section 4.3.

3. Access to the Browser Player

Subject to these Terms, SoundMe grants you a limited, non-exclusive, non-transferable right to access and use the Service through a supported web browser for your subscribed business use.

You are responsible for providing compatible equipment, an internet connection and any speakers or other playback equipment you need. Internet and equipment costs are your responsibility.

You must not copy, modify, reverse-engineer, disassemble or attempt to derive the source code of the Service, except to the extent that applicable law expressly permits this. You must not bypass access controls, interfere with the Service or provide unauthorised access to it.

All rights not expressly granted are reserved by SoundMe or its licensors.

4. Catalog Licence and PRO Fees

4.1 SoundMe’s Rights and Responsibility

SoundMe owns or controls the rights necessary to provide the Catalog and grant the licence described in these Terms. This includes the relevant rights in the recordings and underlying musical compositions, to the extent those rights exist under applicable law.

The Catalog’s composition public-performance rights are licensed directly by SoundMe. Those rights are not assigned to or administered by a PRO, whether directly or through a reciprocal representation arrangement.

SoundMe is responsible for having the rights necessary to grant its Catalog licence and for maintaining that direct licensing arrangement for the Catalog made available through the Service.

4.2 No Additional PRO Fees — Catalog Guarantee

SoundMe guarantees that your Subscription includes the composition public-performance rights that SoundMe directly licenses in the Catalog. No additional PRO licence or PRO royalty payment is required for those directly licensed rights when you play the Catalog at your Licensed Location in accordance with these Terms.

This guarantee covers the rights licensed by SoundMe. It is subject to the separate compulsory local requirements described in Section 4.3 and is not a promise that playing music at a business is exempt from every locally imposed charge or requirement.

4.3 Local Permits and Requirements

In some countries, local law may require additional permits or other authorisations for playing music in public at business premises. These requirements fall outside SoundMe’s control. You are responsible for checking which requirements apply at each Licensed Location, obtaining any necessary permits or authorisations, and paying any associated mandatory fees that are not covered by SoundMe’s direct Catalog licence.

To the extent permitted by applicable law, SoundMe is not responsible for obtaining these permits or authorisations on your behalf, paying these separate local fees, or any consequences of your failure to comply with these requirements. SoundMe remains responsible for its Catalog licence and the PRO-fee guarantee described in Sections 4.1 and 4.2.

4.4 Licence Grant

Subject to your compliance with these Terms and an active Subscription, SoundMe grants you a limited, non-exclusive, non-transferable, non-sublicensable, worldwide licence to publicly perform the Catalog as background music at your Licensed Location during your Subscription.

This licence permits commercial playback on the premises for customers, patrons, guests, members and employees. It covers the rights SoundMe can directly license and remains subject to Section 4.3.

4.5 Locations

Unless your selected plan or a separate written agreement expressly includes additional locations, each Subscription covers one Licensed Location. Additional locations require additional Subscriptions or an agreed plan covering those locations.

You must provide accurate details of your Licensed Locations and keep them current. Any device or simultaneous-playback limits shown in your plan also apply.

4.6 Licence Evidence

SoundMe will provide confirmation of your Catalog licence on request. Keep that confirmation and your Subscription records available in case an authority or collecting society asks for evidence of your right to play the music.

If a collecting society requests evidence or payment concerning the Catalog, promptly provide SoundMe with the request and the details of the affected location and playback. We will provide available information about the Catalog and our direct licence to help clarify the request. Providing this information does not create an obligation to defend proceedings or pay third-party claims, as explained in Section 10.

4.7 Restrictions

Unless SoundMe separately agrees in writing, you must not:

• Download, record, copy or store the Catalog, except for temporary technical copies automatically created by the browser player during authorised playback.
• Synchronise the Catalog with videos, films, advertisements, social media content or other visual media.
• Broadcast, webcast, livestream or otherwise transmit the Catalog beyond a Licensed Location.
• Use the Catalog at ticketed events, concerts or live performances.
• Sublicense, resell, rent, redistribute or otherwise make the Catalog available to third parties.
• Remix, edit, sample or create derivative works from the Catalog.
• Remove or alter proprietary notices or identifying metadata.
• Use the Catalog in any way not expressly authorised by these Terms.

4.8 Duration of the Licence

Your Catalog licence starts when your Subscription or authorised trial becomes active and ends when that Subscription or trial expires or is terminated.

Cancelling automatic renewal does not end your licence before the end of a paid Subscription period, unless your access is otherwise lawfully terminated under these Terms. When the licence ends, you must stop all playback and Public Performance of the Catalog.

5. Accounts

You must provide accurate account and billing information and keep it current. You are responsible for protecting your login credentials and controlling access by your staff and other authorised users. Notify SoundMe promptly if you become aware of unauthorised access.

You may request account deletion by contacting SoundMe. A request to delete your account is not a substitute for cancelling renewal of your Subscription under Section 6. We will explain any remaining Subscription status when handling your deletion request.

6. Subscriptions, Billing and Cancellation

Plans and prices. The price, currency, billing interval, included locations and applicable taxes are those displayed when you subscribe, or those agreed in a separate written agreement. These details form part of your agreement with SoundMe.

Trials. If a free trial is offered, its duration and any conditions for conversion to a paid Subscription will be displayed when you sign up. Any automatic charge following a trial must be disclosed and accepted at sign-up. Cancel before the stated conversion deadline to avoid that charge.

Automatic renewal. If your Subscription is sold on an automatically renewing basis, it renews for successive billing periods as disclosed when you subscribe, unless you cancel before the next renewal. You authorise the recurring charges disclosed and accepted at checkout.

Cancellation. You may cancel renewal using the subscription controls provided through the Service or by contacting SoundMe using the details in Section 17. Unless otherwise stated in your agreed plan, cancellation takes effect at the end of the current paid billing period. Closing the browser or stopping playback does not cancel a Subscription.

Refunds. Unless required by applicable law, stated in your plan or agreed by SoundMe, fees already paid are not refundable merely because you stop using the Service or cancel renewal. This does not remove any remedy you may have for SoundMe’s breach of these Terms.

Failed payments. If a payment fails, we may notify you and retry collection. We may suspend access if payment remains outstanding. Any grace period is discretionary and does not waive amounts properly due.

Price changes. We may change Subscription prices for future billing periods. We will notify you in advance and give you a reasonable opportunity to cancel before an increase takes effect. A price change does not alter the price of a period already paid for.

Enterprise agreements. If you have a separate written agreement with SoundMe, its specific commercial terms take precedence over conflicting provisions in this section.

7. Service Availability and Support

SoundMe provides the Service through its browser player. We may perform maintenance, update features and change the selection of tracks or playlists available in the Catalog.

We do not guarantee uninterrupted access or that every track or playlist will remain available indefinitely. Support requests may be made using the contact details in Section 17.

8. Warranties

Except for SoundMe’s express commitments in these Terms, including Sections 4.1 and 4.2, and to the extent permitted by applicable law, the Service and Catalog are provided “as is” and “as available.” We do not give additional implied warranties concerning uninterrupted operation, fitness for a particular purpose or error-free playback.

Nothing in this section overrides SoundMe’s express Catalog licence or PRO-fee guarantee, as defined and limited in Section 4, or excludes any right or warranty that applicable law does not permit us to exclude.

9. Legal Compliance and Third-Party Services

You must use the Service lawfully and comply with the requirements applicable to your business and Licensed Locations, including the separate local obligations described in Section 4.3.

You are responsible for complying with the terms of any internet connection, equipment or other third-party service you use to access SoundMe. Those third parties are responsible for their own services under their respective terms.

10. Third-Party Claims

SoundMe does not undertake to investigate, defend, settle or discharge claims or lawsuits brought against you by a third party, or to indemnify you for associated legal fees, settlements, awards or other costs.

This section does not remove SoundMe’s responsibility for a breach of its express commitments under these Terms, including Sections 4.1 and 4.2, or any liability that cannot lawfully be excluded. Any liability of SoundMe remains subject to Section 11 to the extent permitted by applicable law.

11. Limitation of Liability

To the extent permitted by applicable law, SoundMe will not be liable for indirect or consequential losses, including loss of profits, revenue, business opportunities or data, arising out of or relating to the Service, Catalog or these Terms.

To the extent permitted by applicable law, SoundMe’s total aggregate liability arising out of or relating to these Terms will not exceed the greater of (a) the amounts you paid to SoundMe during the twelve months preceding the event giving rise to the claim, or (b) EUR 100.

These exclusions and limitations do not apply to fraud, intentional misconduct, gross negligence, or any other liability that cannot lawfully be excluded or limited. They do not remove rights or remedies that mandatory law requires to remain available.

12. Suspension and Termination

SoundMe may suspend or terminate access if you materially breach these Terms, fail to pay amounts properly due, or use the Service unlawfully. Where appropriate, we will give you notice and a reasonable opportunity to remedy the issue before terminating access. We may act immediately where necessary to address unlawful use, a serious security risk or a breach that cannot reasonably be remedied.

When your Subscription ends, your right to use the Service and publicly perform the Catalog ends as described in Section 4.8.

Accrued payment obligations and the provisions concerning restrictions on Catalog use, responsibility for local obligations, third-party claims, liability, governing law and any other provisions intended by their nature to continue will survive termination.

13. Assignment

You may not transfer your Subscription or licence to another person or business without SoundMe’s written consent.

SoundMe may transfer this agreement in connection with a merger, acquisition, reorganisation or sale of all or substantially all of its relevant business or assets, provided that the successor assumes SoundMe’s obligations under these Terms. Your licence will continue for the remainder of your then-current Subscription period, subject to these Terms.

14. Governing Law and Disputes

These Terms and disputes arising out of or relating to them are governed by the substantive laws of Sweden, subject to any mandatory rules that apply regardless of that choice.

Disputes shall be subject to the exclusive jurisdiction of the Swedish courts, with Stockholm District Court (Stockholms tingsrätt) as the court of first instance, unless mandatory law requires a different court.

The Service is intended for business use. If mandatory consumer protections nevertheless apply to a particular Customer, nothing in these Terms removes any applicable non-excludable protection or right concerning governing law or court jurisdiction.

15. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes through the Service or using your account contact details before they take effect, giving you a reasonable opportunity to review them and cancel renewal if you do not agree.

The notice will state when the changes take effect. Unless required by law or expressly agreed with you, changes that materially reduce your rights or increase your obligations will take effect at your next renewal rather than during a period already paid for. Continued use after applicable changes take effect constitutes acceptance to the extent permitted by law.

16. General Provisions

If any provision is found invalid or unenforceable, the remaining provisions continue to apply to the extent permitted by law. A failure to enforce a provision does not waive the right to enforce it later.

These Terms, your agreed Subscription details and any separate written agreement with SoundMe form the agreement governing your use of the Service. A separate written agreement takes precedence where it expressly varies these Terms.

How we handle personal data is described in our Privacy Policy. Where we process personal data on your behalf, such as the accounts of your staff, our Data Processing Agreement applies.

17. Contact

SoundMe — Lushhh Productions AB
Agavägen 26
181 39 Lidingö
Sweden

Email: support@soundme.io (support), hello@soundme.io (general)
Phone: +46 70 324 56 36
Website: https://soundme.io