Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SONG SAFETY PLATFORM AND SERVICES.

Last Updated: September 23rd, 2024

1. OVERVIEW

This document describes the Terms of Use that apply to you when you access, register for and use of our Platform and Services.

The Song Safety Platform, including its Website (www.songsafety.com) are owned and operated by SMVRT Technologies LLC DBA Song Safety, a company with address at 8867 East 35th Avenue, Denver, CO, 80238-3413, US (collectively referred to herein as "Song Safety" "we," "us," or "our").

For the purposes of this document, “You” or “User” means any individual who may access, register and use our Platform and Services.

These Terms of Use are a legally binding contract between you and us.

Our Privacy Policy is incorporated into these Terms of Use. For more information about our privacy and data protection practices, please see our Privacy Policy, which is available on our Website.

BY ACCESSING AND REGISTERING ON THIS PLATFORM, YOU ARE EXPRESSLY ACCEPTING AND ELECTRONICALLY PROVIDING YOUR CONSENT TO THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE LEAVE THIS PLATFORM IMMEDIATELY AND DO NOT USE OUR SERVICES.

2. ELIGIBILITY

The access and use of this Platform and Services is exclusively available for individuals who can enter into legally binding contracts as prescribed under applicable laws.

Individuals who are above the legal age as prescribed by applicable laws and are competent to enter into a legally binding contract, are eligible to use this Platform and Services.

By accessing and registering on this Platform, you represent that you are of legal age and have full legal capacity to use this Platform and Services in your jurisdiction.

3. SERVICES

Song Safety is a platform aimed at musicians providing customizable contract templates and services of legal ownership determination, royalty distribution and copyright filing assistance, including document summarization services powered by artificial intelligence, messaging tools, and other features (the "Services").

4. USER ACCOUNT

If you wish to use our Platform and Services, you must register an account with us ("User Account") through our Website.

During the registration process, we will ask you to provide certain information from you, such as your first and last name, mailing address, email address, contact details, and payment information (if applicable).

By registering on our Website:

  • You accept and acknowledge that you are solely responsible for maintaining the confidentiality of your User Account and password and for restricting its access to any third party;
  • You agree to notify us immediately of any unauthorized use of your password or User Account or any other breach of security, and to ensure that you exit from your User Account at the end of each session;
  • You represent and warrant that all personal data and other information you provide during the registration process and thereafter is accurate, true and correct;
  • You represent and warrant that you are not violating any law or regulation; and
  • You agree to comply with these Terms of Use and our Privacy Policy, including any applicable laws and regulations.

We will take appropriate measures to protect your personal data from accidental or unlawful destruction, loss, or unauthorized access, including measures to encrypt such information, as described in our Privacy Policy.

Please note that Song Safety will not be liable for any unauthorized access or use of your User Account.

We reserve the right to verify and validate your personal data and any other information you provide to us during the registration process and at any time thereafter. If we determine that any such personal data and/or information is unlawful, fraudulent, erroneous or inaccurate (in whole or in part), we may suspend or terminate your account

We may bring legal action against you if you provide personal data and/or information that is unlawful, false, fraudulent, erroneous or incorrect, in addition to any other remedies available to us under applicable law.

5. SERVICE FEES

You accept and acknowledge that use of this Platform may result in charges for our Services. The applicable fees are described on our Website (“Service Fees”).

You accept and acknowledge that the Service Fees paid by you are final and non-refundable unless Song Safety, in its sole discretion, determines otherwise.

For more details about our Service Fees, please refer to our Website.

6. PAYMENT METHODS

We accept the payment methods listed on our Website. For your convenience, we may add other payment methods at any time and will notify you on our Website. Please note that we will not accept cash or checks.

All payment details entered through the Website are encrypted by us. Communications to and from our payment service provider’s site are also encrypted.

We do not provide your payment information to any third party unless required to by law, regulation or court order.

Payment Method details provided by you shall be legitimate, valid and accurate, and you may only use a Payment Method that is legally yours. We will not be liable for any Payment Method fraud resulting from inaccurate, incorrect, or unlawful information provided by you. Any liability arising from fraudulent activity on any Payment Method by you, as any responsibility to prove otherwise shall be exclusively on you.

7. AI DOCUMENT SUMMARIZATION

Song Safety may use artificial intelligence (AI) to summarize legal agreements and documents to simplify complex legal language. While we aim for accuracy, these AI-generated summaries may contain errors or be incomplete.

It is your responsibility to carefully review all agreements, documents and summaries to ensure that you fully understand the terms, conditions and legal implications. Song Safety does not guarantee the accuracy or legal sufficiency of AI-generated summaries.

8. COPYRIGHT ASSISTANCE

We may assist you in filing copyrights based on the information you provide to us.

We can only file copyright applications using the information supplied by you. You are responsible for the accuracy and completeness of the information you provide.

If additional information is required, Song Safety will flag the copyright submission as "needs attention" and notify you through our chat feature to capture any outstanding details.

We are not liable for any incorrect filings or issues resulting from inaccurate or incomplete information provided by users, including mistransferred information from user inputs to copyright filings.

9. TRANSACTIONS AND PAYMENT PROCESSING BETWEEN USERS

We facilitate the creation of agreements, but are not responsible for any payments or royalties associated with those agreements. Payments and royalty splits are handled outside of our platform, and Song Safety is not responsible for any issues or claims related to any agreements, royalties or financial transactions agreed upon between Users.

10. USER RESPONSIBILITIES

You are responsible for the accuracy of the data you input into agreements and copyright notices.

You must review the summaries generated by Song Safety's AI tools to ensure that they are consistent with your intended legal terms.

You are advised to seek legal advice to fully understand your agreements before submitting or entering into them.

11. PLATFORM ACCEPTABLE USES AND RESTRICTIONS

11.1. You must use this Platform and Services in accordance with these Terms of Use and our Privacy Policy.

11.2. You must not use our Website and Services for any harmful, illegal, or nefarious purpose.

11.3. You may not use the Platform and Services in violation of any applicable laws or regulations.

11.4. You must not misrepresent your identity, age, or any other personal data.

11.5. You must provide us with true, accurate and current information as requested by us to provide you with our Platform Services.

11.6. You must not provide us with false, misleading, fraudulent, unlawful, and/or prohibited information; and/or information which you do not own, and/or which belongs to any third party.

11.7. You must not disclose personal, sensitive, private and/or proprietary information to which you do not hold the right to disclose.

11.8. You must not harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any other User and/or individual through our Platform.

11.9. You must be courteous and respectful to other Users and to our employees, representatives and/or agents. If we believe that your behavior towards any other User or our employees, representatives and/or agents is at any time threatening or offensive, we reserve the right to immediately terminate your User Account.

11.10. You must not use or attempt to use our Platform and Services, to:

  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the use of the Platform and Services.
  • Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” or “pyramid schemes”.
  • Impersonate any person or entity or otherwise misrepresent its affiliation with a person or entity.
  • Collect or store personal data without the knowledge and express consent of the data subject.
  • Access any information and/or data not intended for you, or log into an User Account that you are not authorized to access into.
  • Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other Users or disseminate another individual’s personal data without his or her permission.
  • Damage, disable or impair the operation of, or gain or attempt to gain unauthorized access to the Platform and Services or any property, devices, software, services, networks or data connected to, or inter-operating with the Platform and Services, or to any Website content or data stored, accessed or delivered through the Platform and Services, by any means, including by hacking, phishing, scamming, spoofing or seeking to circumvent or defeat any firewalls, or other information security protections or controls of whatever nature.
  • Defeat or circumvent, attempt to defeat, or authorize or assist any third party in defeating or circumventing controls on the use of any of the Platform Services.
  • Interfere with, disrupt or negatively affect our Platform, including our Website, servers, or our Services’ networks.
  • Upload viruses or other malicious code or otherwise compromise the security of our Platform and Services.

11.11. You must not copy or reproduce the Platform and Services in any manner of any kind and must not use and/or allow:

  • Reverse engineer, disassemble, decompile, translate, reconstruct, transform or extract or any portion of the Website and our Services, including any related malware signatures and malware detection routines;
  • Change, modify or otherwise alter the Website and/or its Services;
  • Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, data mining, data scraping or web scraping process, scraping email harvesting or using any process or processes that send automated queries to the Platform;
  • Compile and/or collect any personal data, information, products or services listings, and/or email addresses for any purpose, including for sending any unsolicited commercial e-mail; and/or
  • Offer, create or develop a product or service that competes with our Platform and Services.

12. INTELLECTUAL PROPERTY

Each and every intellectual property right and copyright held by SMVRT Technologies, LLC DBA Song Safety in relation to the Platform and Services, including but not limited to its commercial name, logo, trademark, trade name, trade dress and any trade secrets, know-how, inventions, ideas, patents, designs, projects, texts, images, graphics, content, domain names, website addresses, source codes, software, artificial intelligence, and any other tangible or intangible assets owned by SMVRT Technologies, LLC DBA Song Safety, that currently exist and/or that have existed in the past and/or that may exist in the future with respect to the Platform and Services are the exclusive property of, and belong solely to SMVRT Technologies, LLC DBA Song Safety ("Intellectual Property"). Likewise, you accept that all moral and patrimonial rights to Intellectual Property and any rights related to or derived from it belong solely and exclusively to SMVRT Technologies, LLC DBA Song Safety.

You must not reproduce, disclose and/or use for your own benefit or for the benefit of any third party, in its original or derivative form, or in any other way, whether directly or indirectly, any Intellectual Property or rights derived from or related to it belonging to SMVRT Technologies, LLC DBA Song Safety.

You agree that your use of the Platform and Services is solely in accordance with these Terms of Use and our Privacy Policy, and that you have no right to claim any right or interest of any kind in them and/or in any Intellectual Property belonging to SMVRT Technologies, LLC DBA Song Safety, or any other right related to or arising from such Intellectual Property.

13. LICENSE OF USE

Song Safety grants you a limited, temporary, revocable, non-exclusive license during the term of these Terms of Use to use the Platform and Services in accordance with this document ("License of Use").

You agree that the License of Use granted herein is provided on a temporary basis and may be withdrawn by Song Safety at any time. All rights not expressly granted herein are reserved.

14. PLATFORM MAINTENANCE

We will make its best efforts to provide and make the Platform and Services available in an uninterrupted manner to you. However, the Platform and Services may be subject to downtimes or may not be available temporarily due to scheduled maintenance activity initiated by us and/or by our service providers, and such scheduled maintenance activity may or may not be notified to you. In addition, the Platform and Services may be unavailable due to unscheduled emergencies or for other causes beyond our reasonable control and for such unscheduled emergencies prior notice shall not be given by us.

15. UPDATES

We may from time to time, and without your separate authorization or consent, deploy an upgrade or update of, or replacement for, any Service, including but not limited to any feature or functionality of our Platform ("Updates"), and as a result of any such deployment you may not be able to use our Platform and Services or the relevant feature or functionality on your device until any such Update is fully installed or activated. Each Update will be deemed as part of our Platform and Services for all purposes under these Terms of Use.

Updates may include both additions to, and removals from, any particular Service and/or features and/or functionality offered by our Platform or may entirely replace it, and we will determine the content, features and functionality of the updated features and/or Services in our sole discretion.

We will determine in our sole discretion when and if Updates are appropriate and are under no obligation to make any Updates available to you. We may also stop providing Updates for devices, versions of operating systems, browser programs and/or other software with which our Platform and Services are no longer designed to operate.

16. USER SUPPORT

We provide you with access to support features available on our Platform ("User Support"). By using the Platform and Services, you accept the modality by which we provide technical support to you.

You expressly agree that we may change the features of User Support at any time without prior notice.

17. DISCLAIMERS, WARRANTIES AND LIMITATION OF LIABILITY

17.1. The Platform and Services are provided "as is" and "as available", as is described herein, without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, non-infringement, security or accuracy. You expressly agree and acknowledge that your sole and exclusive remedy relation to your use of the Platform and Services shall be to stop using them.

17.2. We do not warrant and disclaims that the Platform and Services will be available and/or provided in a timely, secured manner, uninterrupted, free from any errors, including but not limited to viruses or other malicious software.

17.3. We do not warrant that the operation of the Platform and Services will work properly on any specific device or with any particular configuration of hardware and/or software, or that the Platform and Services will provide complete protection for the integrity of the selected data, information or content stored or transmitted via the internet.

17.4. We shall not be liable to you or any third party, under no circumstances, directly or indirectly, for the suspension, cancellation, termination or discontinuation of our Platform’s Services caused by force majeure and/or by third parties.

17.5. You accept and acknowledge that our website may contain technical or other inaccuracies, inaccuracies or typographical errors.

17.6. You agree that no information or content displayed or received through our Website; and/or the use of our Platform Services creates or constitutes a warranty of any kind, either express or implied.

17.7. You accept and acknowledge that the templates and documents provided by Song Safety are for informational and educational purposes only. These templates do not constitute legal advice and should not be relied upon as such.

17.8. You accept and acknowledge that Song Safety is not responsible for how you interpret, modify, or apply the templates. Any mistakes, omissions, or errors made by you in the use of these templates are your responsibility.

17.9. You expressly assume full responsibility for your use of our Platform and Services, including any agreements or documents you create and any copyright filings you submit.

17.10. We strongly recommend that you consult a lawyer or qualified legal professional before entering into any agreement or other document.

17.11. We do not guarantee, under any circumstances, directly or indirectly, any specific results that you intend to receive or obtain through the use of our Platform and Services.

17.12. We shall not be responsible under any circumstances, directly or indirectly, for any unlawful or prohibited use of the Platform and Services, incurred by you or any other User or third party.

17.13. We shall not be responsible under any circumstances, directly or indirectly, for any information exchanged between you and other Users through our Platform.

17.14. You accept and acknowledge that your interactions with other Users of our Platform are solely between you and such Users. Before entering into any agreement or document with any other User or third party, you must make all such enquiries about such User or third party as you deem necessary or appropriate.

17.15. We shall not be responsible under any circumstances, directly or indirectly, for:

  • a) Any agreement entered into between you and any User or third party using the templates provided by our Platform.
  • b) Any copyright application you have filed.
  • c) Any use or illegal and/or improper practice and/or negligence and/or fraudulent action incurred by you and/or any other User and/or third parties;
  • d) Any incident and/or misunderstanding, and/or fraud and/or damage and/or loss and/or harm and/or theft and/or injury caused by you and/or any other User and/or third party; and/or
  • e) The violation of any applicable law or regulation, by you and/or any other User and/or third parties.

17.16. You agree that Users registered in this Platform are independent contractors and not employees, staff, partners, representatives, agents, joint venturers or franchisees of our Song Safety.

17.17. You accept and acknowledge that we do not supervise, scope, direct, control, monitor or guarantee the work and/or services of Users registered on this Platform and therefore we expressly disclaim any responsibility and liability for any work and/or service performed by any User in any manner whatsoever, including but not limited to any warranty or condition of good and workmanlike services, warranty or condition of quality or fitness for a particular purpose, or compliance with any law, statute, ordinance, regulation or code.

17.18. Song Safety, including its affiliates, employees, officers, directors, agents and any other related person, shall not be held liable for any damages, losses, or issues arising from the use of our Platform and Services.

17.19. To the fullest extent permitted by law, in no event shall we and our affiliates, employees, officers, directors, and agents or any other related person be liable to you and/or any third party for any damage and loss caused to you property and/or any other User or third party as a result of: (a) any work or service provided and/or performed by you or any User registered on this Platform; (b) any agreement entered into between you and any other User or third party using the templates provided by this Platform; and/or (c) the violation of these Terms of Use and/or our Privacy Policy and/or any applicable laws and/or regulations by you or any User registered on this Platform.

17.20. To the full extent permitted by law, in no event will we be liable to you and/or third party for any indirect, consequential, incidental, punitive, special or exemplary damages or losses whatsoever, without regard to cause or theory of liability.

17.21. The exclusions and limitations of liability of Song Safety and its affiliates, employees, officers, directors, agents and any other related persons shall not limit or exclude their potential liability for any matter which may not otherwise be limited or excluded by applicable law.

17.22. You expressly declare that you have carefully read, understood and accepted the entirety of these Terms of Use and our Privacy Policy.

18. INDEMNITY

You hereby agree to indemnify, defend and hold harmless Song Safety and its affiliates, employees, officers, directors, agents or other related persons ("Related Persons") from and against any and all liabilities, losses, costs and expenses (including attorneys' fees) incurred by Song Safety or any of its Related Persons in connection with any claim arising out of:

  • a) Your use of our Platform and Services, including but not limited: (a) Misuse of templates; (b) Incorrect copyright submissions; and/or (c) Any third-party claims.
  • b) Any infringement by you of any copyright or other rights of any third party;
  • c) Any agreement or document created by you and/or entered into between you and any third party using the templates provided by our Platform; and/or
  • d) Any violation by you of these Terms of Use and/or our Privacy Policy and/or any applicable law or regulation.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to bear the costs and and expenses and cooperate with us in the defense of such claim.

19. TERMINATION

These Terms of Use will terminate immediately if you breach any of your obligations under this agreement, which may result in the suspension or termination of your User Account. We reserve the right to seek all other remedies available at law or in equity in the event that you breach any of your obligations under these Terms of Use.

20. CHANGES TO THESE TERMS OF USE

We may amend these Terms of Use, from time to time, in our sole discretion, by posting a revised version on our Website, providing notice on thereon. If you do not agree to the changes adopted, then you must stop the access or use of our Platform and Services immediately.

Any modifications to these Terms of Use will be effective upon our posting of the modified version on our Website (or as otherwise indicated at the time of its posting). In any case, the continued use of our Platform and Services after the posting of any change of these Terms of Use indicates that you express your acceptance of such modifications.

21. DISPUTES RESOLUTION

In the event of any dispute, claim, discrepancy, or difference arising from or relating to your use of our Platform and Services and/or this Terms of Use and our Privacy Policy (“Dispute”), you must use your best efforts to settle the Dispute and resolve the issue in good faith, acknowledging mutual interests of both parties, in attempting to reach a just and equitable solution that may result satisfactory to you and us before initiating any legal proceeding. If such resolution is not reached within a period of thirty (30) continuous days, then, upon notice by either party to the other, such Dispute shall be submitted to arbitration by both parties.

The Disputes shall be settled by arbitration before a single arbitrator governed by American Arbitration Association Rules. The place of arbitration shall be Denver, State of Colorado and laws of such place shall apply. The language of the arbitration shall be English. All aspects of the arbitration shall be confidential. Each Party will bear its own legal fees and costs associated with the arbitration process. Save to the extent required by law, no aspect of the proceedings, documentation, or any (partial or final) award or order or any other matter connected with the arbitration shall be disclosed to any other person by either Party or its counsel, agents or affiliates without the prior written consent of the other Party. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. If the arbitration process fails to render a mutually agreed resolution the courts referred to in Section 22 below shall have jurisdiction.

22. GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws in force in the State of Colorado and the applicable federal laws in the United States of America, without regard to conflict of laws provisions.

Without prejudice to Section 21 above, you and Song Safety expressly agree to submit to the exclusive jurisdiction of the courts located in Denver, State of Colorado.

23. MISCELLANEOUS

23.1. Entirety: These Terms of Use and our Privacy Policy constitutes the entire agreement between you and Song Safety and will replace and supersede all written or oral agreements that have been previously agreed upon.

23.2. Severability: If a court of competent jurisdiction holds any provision of these Terms of Use to be invalid, such invalid provision shall be severed and have no effect on the remaining provisions of these Terms of Use, and they shall continue in full force and effect.

23.3. No Waiver: Our failure to insist upon strict performance of any provision of these Terms of Use shall not be deemed a waiver of any of our rights or remedies with respect to any present or future failure by you to perform or comply with any of your obligations to us.

23.4. Interpretation: The headings in these Terms of Use shall not affect their interpretation, and the use of any gender shall include all genders. The singular includes the plural and vice versa. The singular includes the plural and vice-versa. These Terms of Use were originally prepared in the English language. Although we may provide one or more translated versions of these Terms of Use for your convenience, the English language version of these documents will be the governing version of therein in case of any conflict or discrepancy. In the event that an ambiguity or question of intent or interpretation arises, in any judicial proceeding or otherwise, the provisions of these Terms of Use will be construed as having been drafted jointly by you and us, and no presumption or burden of proof will arise favoring or disfavoring any party by virtue of the authorship of any provisions of these Terms of Use.

23.5. Independent Contractors: You and Song Safety are independent contractors. None of the provisions to these Terms of Use creates an association, joint venture, agency or employment relationship between you and Song Safety. Nothing in these Terms of Use shall be construed as constituting a joint venture, partnership or employer-employee relationship between you and Song Safety.

24. CONTACT US

If you have any questions regarding these Terms of Use and/or our Platform and Services, you may contact SMVRT Technologies, LLC DBA Song Safety at the following email address: contactsongsafety@gmail.com.

Last Updated: September 23rd, 2024.