SoundHound Mobile Terms of Service
Acceptance of Terms of Service
The following sets forth the agreement (this “Agreement”) between you and SoundHound, Inc. (with its affiliates, “SoundHound,” “we” or “us”) under which you may download and use the SoundHound mobile applications (the “Software” or the “SoundHound Service”), including, without limitation, all or any part of any content, visual interfaces, images, information, graphics, design, compilation, computer code, products, software, services, and all other elements of the SoundHound Service and other materials that are provided by or in connection with the SoundHound Service (“SoundHound Materials”). YOU ACKNOWLEDGE THAT, PRIOR TO DOWNLOADING AND USING THE SOFTWARE, YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT, WITHOUT MODIFICATION. BY USING THE SOFTWARE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SOFTWARE.
You can review the most current version of this Agreement by visiting www.soundhound.com. The most current version will supersede all previous versions. By continuing to use the SoundHound Service after changes are made, you agree to be bound by such changes.
You must be at least 18 years old to download and use the SoundHound Service, or, if you are not at least 18, you must be at least 13 years old and may download and/or use the SoundHound Service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, you may not download or use the SoundHound Service.
Use of the Software Generally
Provided that you otherwise fully comply with the terms and conditions of this Agreement, and upon your payment of the applicable fees (if any), we grant to you a limited, personal, non-exclusive, non-transferable and non-sublicensable license to use the Software on one mobile device solely as set forth herein.
Except as expressly authorized herein, you agree to the following restrictions:
(a) You may not use, copy, modify, translate, publicly perform or display, transmit, publish, edit, adapt, reproduce, or transfer the right to use the Software except as expressly provided in this Agreement.
(b) You may not distribute, sell, resell, sublicense, rent, lease, share, or lend the Software.
(c) You may not reverse engineer, reverse compile, disassemble, or otherwise attempt to discover the source code of the Software or create derivative works based on the Software.
(d) You agree that you shall only use the SoundHound Service in a manner that complies with all applicable laws in the jurisdiction in which you use the SoundHound Service, including, but not limited to, applicable restrictions concerning privacy, copyright and other intellectual property rights.
(e) You agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy, usurp, modify or limit the functionality of the SoundHound Service or any computer software, hardware, telecommunications equipment or other equipment or devices associated with the SoundHound Service. You also agree not to interfere with the servers, networks or other devices or equipment connected to or used in connection with the SoundHound Service or to violate any of the procedures, policies or regulations of such networks, devices or equipment, or of any service providers associated with or connected to the SoundHound Service.
(f) We do not promote, recommend or condone use of the SoundHound Service during other activities, such as the operation of machinery, where there is any risk of accident. You agree not to use the SoundHound Service during such activities.
(g) Unless otherwise specifically provided by us, our licence to you under these Terms is personal to you and allows you to access and use the SoundHound Service only on the device on which the software was first installed. The licence is not transferrable to another person or another Device without our agreement.
(h) You agree to use the SoundHound Service fairly and not to use the SoundHound Service for excessive searching beyond reasonable personal usage.
In connection with your use of the SoundHound Service, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.
By downloading and/or using the SoundHound Service, you consent to receiving electronic communications and notices from SoundHound. You agree that any notice, agreement, disclosure or other communications that we send to you electronically will satisfy any applicable legal communication requirements, including that such communications be in writing.
Advertising/Third Party Offers
In connection with your use of the SoundHound Service, we may display certain third party advertising based on your current location or your use of the SoundHound Service. Additionally, the SoundHound Service may contain links to third party web sites, advertisements, or programs that are not controlled by or affiliated with SoundHound. SoundHound is not responsible for the content, offers or privacy policies of such third party advertising, sites and programs. Your dealings with third party sites are solely between you and the applicable third party.
SoundHound may automatically provide your Software with updates/upgrades in order to keep your Software up-to-date.
The SoundHound Service, including all Materials, is owned by SoundHound and its affiliates and third-party licensors, as applicable, and is protected by applicable United States and foreign copyright, trade dress, patent, and trademark laws, international conventions, and other applicable intellectual property and proprietary rights and applicable laws. Materials do not include certain materials and content submitted by users of the SoundHound Service or any website of SoundHound or any of its affiliates. All trademarks, service marks and trade names are proprietary to SoundHound and its affiliates and third-party licensors, as applicable.
Disclaimers; No Warranties
THE SOUNDHOUND SERVICE AND ANY THIRD-PARTY MUSIC, MEDIA, SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SOUNDHOUND SERVICE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, SOUNDHOUND AND ITS AFFILIATES, LICENSORS, SUPPLIERS AND PARTNERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
SOUNDHOUND AND ITS AFFILIATES, SUPPLIERS AND PARTNERS DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOUNDHOUND SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SOUNDHOUND SERVICE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
SOUNDHOUND, AND ITS LICENSORS, SUPPLIERS AND PARTNERS, DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SOUNDHOUND SERVICE IN TERMS OF IT CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NEITHER SOUNDHOUND NOR ITS SUPPLIERS AND PARTNERS) ASSUME THE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD, PURCHASE, OR OTHERWISE OBTAIN MEDIA, MUSIC, MATERIAL, OR OTHER DATA THROUGH THE USE OF THE SOUNDHOUND SERVICE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR WIRELESS DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH MATERIAL OR DATA.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Indemnification; Hold Harmless; Release
You agree to indemnify, hold harmless and release SoundHound, its officers, directors, stockholders, affiliates, and its and their licensors, suppliers and partners, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of (i) your use or misuse of the SoundHound Service, (ii) breach of any of this Agreement , (iii) your violation of any applicable law or the rights of any other person or entity, or (iv) the display, playback, publishing, hosting, sharing and/or selling or other distribution of any content made available through or by the SoundHound Service. SoundHound reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.
Limitation of Liability and Damages
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SOUNDHOUND OR ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, LICENSORS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OF OR INABILITY TO USE THE SOUNDHOUND SERVICE OR ANY CAUSE OF ACTION ARISING HEREUNDER, EVEN IF SOUNDHOUND OR A SOUNDHOUND AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, SOUNDHOUND’s LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL SOUNDHOUND OR ITS SUBSIDIARIES, PARENT COMPANIES, AFFILIATES, LICENSORS, CONTRACTORS, EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR YOUR USE OF THE SOUNDHOUND SERVICE (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SOUNDHOUND SERVICE DURING THE TWELVE (12) MONTHS PRECEDING YOUR CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL SOUNDHOUND, REGARDLESS OF THE CAUSE OF ACTION, HAVE ANY LIABLITY FOR ANY DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN SOUNDHOUND AND RECEIVED BY YOU THROUGH OR ADVERTISED ON THE SOUNDHOUND SERVICE OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON THE SOUNDHOUND SERVICE.
SoundHound has no obligation to furnish you with technical support unless separately agreed in writing between you and SoundHound.
If any dispute arises regarding this Agreement or the SoundHound Service, you agree that the dispute will be governed by the laws of the State of California without regard to its conflict of law provisions. You agree to personal jurisdiction and venue in the state and federal courts in Santa Clara, California.
SoundHound makes no claims that the Software may be lawfully accessed, used or downloaded outside of the United States. Any such use of the Software and/or the Materials may not be lawful by certain persons or in certain territories. If you access any of these from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of whatever jurisdiction you are in at the time.
Export Law Compliance
You agree that to comply with all export restrictions and regulations of the Department of Commerce or other agency of the United States Government, and that you will not export or otherwise transfer the Software, directly or indirectly, to a prohibited country.
Any provision of this Agreement may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of this Agreement shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of this Agreement shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Agreement.
If any provision of this Agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.
We may assign our interest in this Agreement. You may not assign or transfer this Agreement. We may also assign or delegate certain of our rights and responsibilities under this Agreement to independent contractors or other third parties.
Right to Terminate
Your rights under this Agreement will automatically terminate without notice from SoundHound if you fail to comply with any term of this Agreement. In case of such termination, you must cease all use of the Software and SoundHound may immediately restrict your access to the SoundHound Service.
The heading references herein are for convenience purposes only, do not constitute a part of these Terms of Service, and shall not be deemed to limit or affect any of the provisions hereof.
This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to this Agreement made by SoundHound as set forth above.
Third Party Agreements
For a list of third party agreements, please visit this page.
SoundHound, Inc. is located at 3979 Freedom Circle, Santa Clara, CA 95054. Contact us by email: email@example.com.