Soundvertise

Terms of Service

Last Updated: [26/09/2024]

1. Object

The purpose of this document is to define the terms and conditions of use for the services offered on the website http://www.soundvertise.co (hereinafter: the 'Services'). These Terms and Conditions outline the rights and obligations of the parties. They are accessible via a link on the home page of http://www.soundvertise.co (hereinafter: the 'Site'). Specifiic conditions for certain Services may supplement these Terms. In case of contradiction, the specifiic conditions will prevail.

2. Site and Services Manager

The Services are provided via the website http://www.soundvertise.co and are managed by P & P INCETIVE E CONVETION SRL , a company with a share capital of €26000, registered in the Milan Company Register under VAT number and tax code IT10297820150, with its registered offiice at Viale Sarca 41, 20125 Milan (Mi), Italy (hereinafter: 'Soundvertise'). For inquiries, contact us at: team@soundvertise.co.

3. Changes to the Terms of Service

Soundvertise reserves the right to update or modify these Terms at any time without prior notice. Any changes will apply prospectively and not retroactively. You are responsible for reviewing the Terms regularly, and continued use of the Services implies acceptance of the modifiied terms.

4. Services and Definitions

Operations

Soundvertise Galaxy is a web application designed to simplify and accelerate the exchange of tracks between artists, labels, public relations companies, and agents in the music industry (hereinafter: the 'Users') who manage active playlists on Spotify. Through Soundvertise, users can connect with playlist curators within the same music genre, creating a fast and intuitive system for track exchange.

How it Works:

Every Friday, the platform resets all previously received requests, and artists can select a track to submit to playlist curators who share the same music genre as their own playlists. The track submission process starts by clicking the CHOOSE SONG button, which becomes

available every Friday. Users paste the track link directly from Spotify and then select the desired music genre, represented by a respective planet. The system automatically selects all curators associated with that genre (small circles or 'satellites' of the same color as the planet, which can be visualized by clicking on the planet on the main page). In this way, the track is sent to all curators of the selected music genre.

In return, artists will receive tracks from curators who have gone through the same submission process and belong to the chosen music genre. The received tracks will appear in a dedicated section called Requests, where they can be listened to, accepted, or rejected. In this section, users can also view details about the other user, their playlist, and the level of the proposed playlist exchange. If both users approve each other's tracks, a 'Match' is created, and the songs are automatically added to both playlists for 30 days.

The position of the tracks within the playlists depends on the user's level within the platform (Bronze, Silver, or Gold), with each level adjusting the track's position by 10 spots up or down. The level of each playlist is determined by the number of monthly listeners, as calculated and stipulated by Soundvertise.

Artists have until the following Friday to receive a Match and process the received requests. If both parties approve the track within the week, the songs are automatically added to both playlists. If not, all unaccepted requests are reset on Friday, ready for a new week of submissions.

Matches that have been made are visible in the dedicated Match tab, where users can see active matches, completed matches, and report any issues encountered with a specifiic Match.

Definitions

  • Site: Refers to the website http://www.soundvertise.co.
  • Galaxy: The platform operated by Soundvertise, as described on the Site.
  • User: Any individual or legal entity who uses the Site to upload and share music, including artists or representatives.
  • Song: A musical work for which the User holds the rights or is the creator.
  • Playlist: A Spotify playlist managed by the User.
  • Account: The User’s registered profiile on the Site.
  • Profiile: The public part of the User’s Account visible to others.
  • Level: A system developed by Soundvertise to rank playlists based on monthly listeners.
  • Requests: The section where Users receive song submissions from other Users.
  • Match: Occurs when two Users approve each other's songs for playlist inclusion.

5. Access to the Site and Services

Services are accessible to Users upon successful registration and approval by Soundvertise. Users must:

  • Be of legal age (at least 18 years old) and have the capacity to accept these Terms.

  • If representing a legal entity, have the authority to bind the entity to these Terms.

  • Use the Services personally and ensure account information is accurate and up to date.

  • Must have at least one active and promoted Spotify playlist with a minimum of 1, followers. Playlists will be subject to a review process, and approval or rejection will be based on a detailed check and control of each submission.

6. Registration and Account Deletion

Registration is done by entering and choosing an email and password, and signing into the user's Spotify account, which is necessary to retrieve Spotify profiile information such as owned playlists, username, and profiile picture. Through the Spotify API, we will be able to automate the process of adding/removing tracks when a Match occurs, as well as display the positions where the track is added at the beginning of a Match and removed at the end. We will not be able to perform any other actions on the user's Spotify profiile, but access is essential for the platform to function. Subsequent logins can be made using the email/ password combination, which can be modifiied in the Profiile tab, but access to Spotify cannot be removed if the user wishes to continue using the platform (it can, however, be removed at any time from the user's Spotify settings or will be automatically removed if the profiile is deleted).

Users may delete their account from the platform by using the dedicated button and form available in their Profiile tab. In the event of account deletion, the user's personal data will be immediately removed from the platform and our records. However, any active matches will not be automatically removed for artists with whom the user interacted prior to the deletion. For users who remain registered, tracks associated with the deleted account will be removed within 48 hours of the profiile deletion.

7. User Agreement and Responsibilities

By registering and participating in Soundvertise, you agree to:

  • Be fiinancially responsible for your account and comply with all obligations, including tax liabilities related to your use of the platform.
  • Provide accurate, up-to-date information and promptly update your profiile when needed.
  • Understand that by using third-party services (e.g., Spotify API), you authorize Soundvertise to access relevant data to enhance the Services.
  • Avoid sharing false, defamatory, or harmful content. You are solely responsible for any content you upload, ensuring that it does not infringe on third-party rights or violate any laws.
  • Indemnify and hold Soundvertise harmless from any claims arising from your content or actions on the platform.

8. User Content Responsibility

Users are responsible for ensuring that all content they upload, including songs and playlists, is lawful and does not infringe on any third-party intellectual property rights. You agree not to:

  • Engage in or promote any illegal, abusive, defamatory, or offensive behavior.

  • Upload harmful content (e.g., viruses or malware).

  • Use the platform for unauthorized commercial activities. Soundvertise reserves the right to suspend or terminate access if these conditions are violated.

9. Subscription

To access additional features on the Galaxy platform and submit your tracks to other Users, a weekly or monthly subscription is required. The subscription can be processed through our Stripe channel, which is available on the Galaxy homepage. This subscription grants Users access to use our interface and automation tools for managing track submissions, as well as monitoring and positioning tracks within playlists. The subscription also includes features such as uploading tracks to the Requests section, sending tracks to other Users, automating the removal of tracks after the predetermined time period, and ensuring the platform functions properly. Importantly, the subscription does not include any form of playlist placement or other practices that could be considered payola, which would violate Spotify's Terms of Service or the policies of any other streaming platforms. Our system is designed to strictly adhere to Spotify’s guidelines, and it is continuously monitored to ensure compliance. We take measures to prevent the inclusion of fraudulent playlists, such as those using bots, and ensure that all parts of the platform (e.g., Requests, Match, etc.) operate correctly. The subscription fee is necessary to cover the platform’s operational costs, including automation, moderation, and maintaining the quality and authenticity of the services. By subscribing, Users unlock the full platform and gain access to these additional functionalities.

10. Pricing, Billing, and Payment Terms

Prices for Services are listed on http://www.soundvertise.co and exclude VAT unless otherwise specifiied.

  • Payment Methods: Payments are processed via Stripe using the payment method you provide. Soundvertise does not store bank data except as required to complete the transaction.
  • Non-Refundable Payments: All subscription payments are non-refundable, except where required by law.

11. Confidentiality and Data Protection

Users are responsible for safeguarding their login credentials. Personal data collection and use are governed by Soundvertise’s Privacy Policy, in compliance with GDPR. We encourage Users to review the Privacy Policy to understand how their data is handled.

12. Intellectual Property

All content, software, and materials on the Site (excluding User-generated content) are the property of Soundvertise and are protected by intellectual property laws. Users may not

copy, reproduce, or distribute any material without prior written consent from Soundvertise.

13. Advertising and Promotions

Soundvertise reserves the right to display advertisements or promotional messages within the Site and communications to Users at its discretion.

14. Termination of Services

Soundvertise reserves the right to terminate your access to the platform without prior notice if you violate these Terms or engage in prohibited activities. Upon termination, Soundvertise is not responsible for storing or returning any content or data associated with your account.

15. Indemnification

You agree to indemnify and hold Soundvertise harmless from any claims, liabilities, or damages arising from your breach of these Terms, including violations of third-party rights.

16. Limitation of Liability

Soundvertise provides the Services on an 'as-is' basis, without warranties of any kind, express or implied. In no event shall Soundvertise be liable for any indirect, incidental, or consequential damages resulting from your use of the Services.

17. Dispute Resolution and Governing Law

Any disputes arising from or related to these Terms will be resolved through arbitration in Milan, Italy, in accordance with Italian law. By agreeing to these Terms, you waive the right to participate in class action lawsuits.

18. Changes to Services

Soundvertise reserves the right to modify or discontinue any aspect of the Services at any time. Users will be notifiied of signifiicant changes, and continued use of the Services implies acceptance of such changes.

19. Right of Withdrawal

Under European law, individual Users have the right to withdraw from subscription purchases within 14 days unless they have already started using the Services.

20. Additional Information

  • Anti-Money Laundering Compliance: Users must provide accurate fiinancial and identity information for payments, in compliance with Italian regulations.
  • Data Retention: Soundvertise retains personal data as required by law for billing and tax purposes.