The following Terms of Use ("Terms") govern your access to and use of all services ("Services") provided by GetSound, LLC, a company registered in Delaware, United States, with its principal place of business located at 2810 N Church St, Wilmington, Delaware 19802-4447 (the "Company") via our website, located at https://getsound.ai or https://app.getsound.ai or https://clariti.io ("Site") , and our desktop, web and mobile devices applications ("App"). Please read these Terms carefully, as they are legally binding and govern your use of our Services. By downloading and installing the App or by accessing or using the Site or the Services, you agree to be bound by these Terms, whether you are accessing GetSound.ai or Clariti.io.
The term GetSound, us, we or our refers to GetSound LLC & Clariti.io
The terms you, your, or yourself refer to the user of the Services.
The term Device refers to the device which is used to access the Services, including but not limited to
computers, smartphones, tablets, headphones, wearable smart devices, speakers, and lights.
The term Intellectual Property Rights means any and all intellectual property rights existing in any
part of the world under any applicable law, including without limitation patent law, copyright law,
trade secret law, trademark law, unfair competition law, and any and all applications, renewals,
extensions and restorations of such rights, now or hereafter in effect worldwide.
The term Content refers to GetSound and third-party editorial content, information, text, images,
photos, videos, artwork, illustrations, graphic (art and electronic) images, audio, music, sounds,
postings, messages, recommendations, comments, software, files, feedback, bug reports, or other
protected materials and authored works of any kind that are utilized in the provision of the
Services.
The term App Distributor refers to an application store or distribution platform (for example, Apple’s
App Store, Google Play, or the Amazon Appstore) where the App is made available.
By accessing and using our Content, Site, App or Services as well as GetSound music on a free or Paid Subscription basis, you acknowledge that you have read, understood, and agree to comply with and be legally bound by these Terms. If you do not agree to be legally bound by these Terms, you are not permitted to access or use GetSound’s Services.
Please also refer to our Privacy Policy, applicable to both GetSound.ai and Clariti.io at https://www.getsound.ai/privacy.html for information on how we collect and use your personal information. By accessing and using our Content, Site, App or Services as well as GetSound music, you acknowledge that you have read, understood, and agree to be bound by our Privacy Policy.If you do not accept our Privacy Policy, you are not permitted to access or use the GetSound Services, the Site nor the App.
We reserve the right, in our sole discretion, to update or change these Terms at any time.
If we do so, we will notify you of any updates or changes by posting the updated Terms on our Site and updating the “Last Updated” date to indicate when the changes are effective. If we make any substantive changes to these Terms, we will notify you by email or by notification through the App, on the Site, and/or by asking you to review the changes to the updated Terms the next time you access the Services.
You are advised to read the updated Terms carefully. Your continued use of the Services after the time the changes are communicated will indicate your acceptance and agreement to abide by the updated Terms. If you do not agree to be bound by the updated Terms, you are not permitted to access or use the Content, Site, App or Services as well as GetSound music and must stop doing so immediately.
Due to the nature of our Services, we reserve the right to change or discontinue part or all of the Content, Site, App or Services as well as GetSound music at any time and at our sole discretion without notice.
To purchase the Content, Site, App or Services as well as GetSound and Clariti music, you must be the older than: (i) 18 years of age or (ii) the age of majority in your province, territory or country; and have the legal capacity to form a binding contract with GetSound and Clariti.
If you are under the age of 18, or the applicable age of majority in your province, territory, or country, or do not have the legal capacity to form a binding contract with GetSound and Clariti, you may utilize the Services only with the involvement and consent of a parent or legal guardian, through their account and subject to their acceptance of these Terms as well as responsibility and liability for your access and use of the Services and Content in compliance with these Terms.
If you choose to access or use the Site, App, Services or Content in any jurisdiction, you are responsible for compliance with the applicable local laws relating to the use of or otherwise connected with the Site, App, Services and Content in that jurisdiction. To the extent that the Site, App, Services and Content would infringe the laws of the jurisdiction from which you are accessing them, you are prohibited from accessing or using the same. This provision shall apply notwithstanding any other provision of these Terms.
You agree not to use the Site, App or Services for any purposes related to scientific research, analysis or evaluation of the Services without the express prior written consent of GetSound and Clariti.
You are strongly advised not to use the Services while operating heavy machinery, driving, flying or performing any activity or task that, with due regard to the safety of yourself and others, requires your attention and concentration.
GetSound and Clariti reserves the right at any time to change, modify or discontinue the Content, Site, App or Services as well as GetSound and Clariti music, in whole or in part, with or without notice to you. You acknowledge and agree that GetSound and Clariti will not be responsible or liable, directly or indirectly, to you or any other person for any loss, damage or injury of any kind incurred as a result of, or in connection with, any changes, modifications or discontinuance to the Content, Site, App or Services as well as GetSound and Clariti music.
You acknowledge and agree that your use and access to the Site, App or Services are in no way contingent on the delivery of any future functionality or features or dependent on any oral or written comments made by GetSound or Clariti.
Certain functions of our Content, Site, App or Services as well as GetSound and Clariti music require your Device to have an active internet connection. The connection can be LAN, Wi-Fi, or provided by your mobile network provider.
If you are accessing or using the Content, Site, App or Services as well as GetSound and Clariti music outside of an area with Wi-Fi, you should remember that your agreed terms with your mobile network provider will apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing or using the Content, Site, App or Services as well as GetSound and Clariti music or other third-party charges. In accessing or using the Content, Site, App or Services as well as GetSound and Clariti music, you acknowledge and accept responsibility for any such charges, including roaming data charges, if you access or use the Content, Site, App or Services as well as GetSound and Clariti music outside of your designated home region, territory or country without turning off data roaming. If you are not the bill payer for the Device on which you are accessing or using the Content, Site, App or Services as well as GetSound and Clariti music, you must receive advance permission from the bill payer before incurring any charges in your access or use of theContent, Site, App or Services as well as GetSound and Clariti music.
GetSound and Clariti will do its best to deliver a continuous stream of the audio, assuming the local network is fully operational, and while a network issue is present, GetSound and Clariti apps are programmed to play offline tracks which should maintain a continuous experience until the network is resumed. This should not be a constant and prolonged solution.
As a condition for using the App and the Site you will be required to open an account under your name based on the information that you will provide to us that will include your full name and email (the "Account"). As part of the process of opening an Account, you shall choose a username and password. The username and password and any information related to your Account are for your individual use only. You are responsible for maintaining the confidentiality of your username and password, and are fully responsible for all activities that occur under the Account with or without your knowledge. We will not be liable for any loss or damage arising from your failure to comply with this section.
Full access and use of certain premium Content and features of GetSound’s and Clariti's Services may require a subscription which you can purchase as either a monthly or annual subscription and may be charged in advance and/or periodically.
Your Subscription payment will be charged through stripe API or via our App Distributor, GetSound and Clariti shall not be responsible for any kind of data leak or misuse made by stripe or the app distributor, you are advised to read your App Distributor’s applicable terms and conditions regarding payments before purchasing a Subscription. Our servers does not get the payment method information at any point, and we do not store that data except your personal or business information if entered (business name, VAT, address, city, zip code, current location, phone number).
Upon purchase of a Subscription, you agree not to hold us responsible for any additional fees or charges that your App Distributor, bank, or another financial service provider may charge due to payment, as well as any applicable taxes.
Our obligation to commence the provision of the Services only comes into effect once we have received confirmation of your purchase from stripe or your App Distributor. You will only have access to GetSound’s and Clariti's premium Content and features while your Subscription is active and subsisting.
To ensure there is no interruption to your Subscription, we recommend that you keep your payment details up to date with stripe and your App Distributor. GetSound and Clariti will not be held responsible or liable for whatever reason should your Subscription fail to renew due to outdated or invalid payment information.
In certain instances, your renewal date may change, for example, if your payment has not been successfully settled or your paid Subscription began on a day not contained in a given month or year. GetSound and Clariti reserves the right to set prices per client based on the client's needs and custom requests, in a separate agreement with the client.
GetSound’s and Clariti's monthly Subscription is paid for in advance in monthly installments and automatically renews each month until you choose to cancel your Subscription through stripe or your App Distributor.
If you do not wish your Subscription to renew, you must cancel it at least 24 hours before it renews to avoid being charged for the next month’s Subscription fee. If you purchased your Subscription via an App Distributor, you must cancel the renewal of your Subscription through your App Distributor following their applicable terms and conditions.
Upon cancellation, you will continue to receive access to your plan features and use the Services until the end of your current Subscription period. Refunds or credits cannot be claimed for any unused partial-month Subscription period. After cancellation, you will be downgraded to a free plan.
GetSound’s and Clariti's annual Subscription is paid for in advance and automatic renewals on an annual basis. If you do not wish your Subscription to renew, you must cancel your Annual Subscription at least 24 hours before it renews to avoid billing the renewal Subscription fee. If you purchased your Subscription via an App Distributor, you should cancel the renewal of your Subscription through your App Distributor following their applicable terms and conditions. Upon cancellation, you will continue to receive access to and use the Services until the end of your current Subscription period. Refunds or credits cannot be claimed for any partially unused Subscription period .
GetSound and Clariti reserves the right to change Subscription availability, periodicity, or adjust pricing for the Services or any components thereof in any manner and at any time as we may determine in sole and absolute discretion. We will notify you in advance of any such change. Changes to Subscription pricing will not apply retroactively and will only apply for Subscription renewals after such changes have been communicated to you. If you do not agree to the change, you should modify or cancel your Subscription through your App Distributor.
From time to time, GetSound and Clariti may offer new and eligible former customers the opportunity to access certain premium Content and features of GetSound’s and Clariti's Services for free, for a time-limited duration. The duration of the free trial period will be specified before purchasing a plan and is intended to allow new customers and certain former customers to try the Services before deciding to purchase a Subscription. Free trial eligibility is determined by GetSound and Clariti at its sole discretion, and we may limit eligibility or duration to prevent free trial abuse. You will be charged for a GetSound and Clariti Subscription at the end of the free trial period unless you cancel the trial through your App Distributor at least 24 hours before the end of the free trial period.
The free trial provides full access to certain product or service for 7 days from the date of sign-up. No payment is required to start the free trial. If you do not cancel before the end of the 7th day, you will be automatically enrolled in a monthly subscription at the regular rate of such product or service. You can cancel at any time during the trial period to avoid charges. Instructions for cancellation can be found in the App or in your account settings. Any data or preferences saved during the trial period will be retained if you choose to continue with a paid subscription.
Any promotional code or discounted pricing offer may not be used in conjunction with any other promotional code, discounted pricing offer, or corporate Membership arrangement, past or present. Introductory offers are only available to new customers of the Services, except where expressly stated otherwise. Previous customers or trial customers of the Products do not qualify as new customers. Unless otherwise expressly stated, all pricing promotions or discounted pricing will only apply to the initial period of the Membership, and any subsequent renewals will be charged at the non-discounted rate at the time of renewal for the Membership periodicity selected.
If you purchased your Subscription through an App Distributor, GetSound and Clariti will not provide a refund. Any refund requests should be made to your App Distributor in accordance with their applicable terms and conditions. Your purchase will be subject to your App Distributor’s terms and conditions, which may not provide for refunds or may restrict refund eligibility. Accordingly, you are strongly advised to read your App Distributor’s relevant terms and conditions before purchasing a Subscription.
If you purchased a subscription via our payment forms hosted by stripe, you might contact us to explain why you need a refund, and we will try our best to help. Please note that we might check your usage history and activity on our apps before deciding on a refund.
You acknowledge and agree that the Services are made available to you on 1 device simultaneously for personal use and non-commercial purposes only with free plan limitations as, daily usage limit, limited environments, limited locations, refresh limits and active audio watermark.
You acknowledge and agree that the Services are made available to you on 1 device simultaneously for personal use and non-commercial purposes only.
You acknowledge and agree that the Services are made available to you on 1 device simultaneously for small businesses located in a single location and servicing not more than 100 clients a day.
You acknowledge and agree that the Services are made available to you on one or multiple devices simultaneously for businesses servicing more than 100 clients daily. You understand that in agreeing to and complying with these Terms and our Privacy Policy, GetSound and Clariti grants you a non-exclusive, revocable, non-transferable, non-sublicensable, and limited license to view and listen to the Content and install a copy of the GetSound and Clariti App on a Device that you own or control. GetSound and Clariti reserves all rights in and to the Services and the Content not expressly granted to you under these Terms.
You acknowledge that GetSound and Clariti exclusively owns all rights, titles, and interests in and to the App, Site, Services and Content, including, without limitation, all underlying software and technology and all associated Intellectual Property Rights in relation to the Services and Content other than that owned by third parties. By accessing and using the Services, you acknowledge all Content is protected by copyright, trademark, design rights, or other proprietary rights incorporated in the Services or Content.
In acknowledgment of GetSound’s and Clariti's ownership of and Intellectual Property Rights in the Services and Content, you agree that you will not: Copy, store, archive, reproduce, transmit, modify, alter, reverse-engineer, translate, adapt, emulate, de-compile, disassemble, or attempt to derive the source code of the Services or Content in any way or create derivative works based on the Services or the Content, in whole or in part, of any nature whatsoever; Rent, lease, loan, publish, broadcast, stream, circulate, make available to the public, exploit, sell or distribute the Services or Content in whole or in part; Tamper with or manipulate in any way the Services or circumvent any technology used by GetSound and Clariti to protect any Content accessible through the Services; Circumvent any territorial restrictions applied to the Services and Content; Use any data mining, data gathering or data extraction methods; Interfere with, disrupt or create an undue burden on the Services of the networks connected to the Services; Use the Services in a way that violates these Terms and any applicable law; or Assist or permit any third party to contravene any of the aforementioned prohibited acts. Upload, post, email, transmit or otherwise make available any content that (a) is defamatory, abusive, offensive, racist, obscene, pornographic, discriminatory unlawful, harmful, hateful, threatening, harassing, libelous, invasive of another's privacy, harmful to a minor or otherwise objectionable; (b) you do not own or have the right to disclose or make available under any law or under contractual or fiduciary relationships or that infringes upon confidentiality obligations, or proprietary rights of third parties; (c) is considered unauthorized advertising, such as "junk mail", "spam", "chain letters", "pyramid schemes", and any other form of solicitation; (d) contains software viruses, adware, spyware, worms, or other malicious code GetSound and Clariti will enforce its Intellectual Property Rights to the fullest extent of the law, including but not limited to bringing civil or criminal legal proceedings.
Any breach of these Terms may result in, among other things, immediate termination or suspension of your rights and license to access and use GetSound’s and Clariti's Services and Content, as well as the deactivation of your account and cancellation of your Subscription without refund, where applicable. GetSound and Clariti reserves the right, in our sole discretion, to bring legal proceedings against you and any third-party, if applicable, if you breach these Terms and/or you are engaged in illegal or fraudulent use of the Services or Content.
GetSound and Clariti aims to provide you with the best service and experience possible, however, no promise is made that the Site, App or Services as well as GetSound and Clariti music will meet your requirements, and we cannot guarantee or warrant that the Content or Site, App or Services as well as GetSound and Clariti music will be fault free. You acknowledge and agree that your use of the Site, App or Services as well as GetSound and Clariti music will be at your own risk. To the fullest extent permitted by law, GetSound and Clariti excludes and disclaims all warranties, terms, conditions and representations, whether express, implied or statutory, in connection with the the Content Site, App or Services as well as GetSound and Clariti music and your access and use thereof, including but not limited to, warranties and conditions of merchantability, fitness for particular purposes, title, accuracy and non-infringement of third-party proprietary rights.
GetSound and Clariti does not represent nor warrant that Content Site, App or Services as well as GetSound and Clariti music will be error-free, free of viruses or other similar contamination or harmful components, that defects will be corrected, that the Content, Site, App or Services as well as GetSound and Clariti music will be available on an uninterrupted, timely or secure basis or will be compatible with your Device. We make no warranty regarding the quality, accuracy, currency, continuity, timeliness, completeness, or reliability of the ContentSite, App or Services as well as GetSound and Clariti music . The quality of the Content Site, App or Services as well as GetSound and Clariti music may vary from device to device and may be affected by various factors, such as your location, the bandwidth available, and/or the speed of your internet connection. You acknowledge and agree that any reliance on the Content Site, App or Services as well as GetSound and Clariti music is strictly at your own risk. All conditions, warranties, and other terms which might otherwise be implied by statute, common law or the law of equity are, to the extent permitted by law, excluded.
If you notice any technical issues with the Content Site, App or Services as well as GetSound and Clariti music , you are encouraged to report it by sending us an email at info@getsound.ai Upon receipt of your email, we will investigate and look to address the issue.
You acknowledge and understand that your access to the Content, Site, App or Services as well as GetSound and Clariti music may, on occasion, be restricted to allow for maintenance or the introduction of new features, content or versions. We will not be liable to you if the Content or Services are unavailable for a commercially reasonable period of time.
You acknowledge and agree that GetSound’s and Clariti's Site, App or Services as well as GetSound and Clariti music are not intended or designed to prevent, treat or diagnose any condition, illness or disease, nor should GetSound’s and Clariti's Site, App or Services as well as GetSound and Clariti music be considered, in whole or in part, express or implied, to contain or constitute medical or psychological advice.
Any advice or other materials contained in the Site, App or Services as well as GetSound and Clariti music are intended for general information purposes only. GetSound and Clariti makes no guarantees that the Site, App or Services as well as GetSound and Clariti music provide a physical, mental, or therapeutic health benefit and does not purport to give medical advice. The Site, App or Services as well as GetSound and Clariti music are not a substitute for professional medical or psychological advice or treatment based on personal circumstances. You should seek the advice of your medical physician, doctor, or another qualified healthcare provider if you have any concerns that using the Site, App or Services as well as GetSound and Clariti music will detrimentally impact your physical or mental health and well-being. You acknowledge that GetSound and Clariti has advised you of the necessity of doing so.
GetSound and Clariti disclaims any responsibility for any harm resulting from your viewing of the Content and use of the Site, App or Services as well as GetSound and Clariti music and does not guarantee that you will receive any benefit from using the Services. You understand and agree that you view the Content and use the Site, App or Services as well as GetSound and Clariti music at your discretion and risk.
Recommendations by Healthcare Providers:
If GetSound's and Clariti's Services are recommended to you by a healthcare provider, therapist, or any
other third
party,
you acknowledge and agree that such recommendations are made independently and without endorsement or
verification from GetSound and Clariti. You further acknowledge that GetSound and Clariti is not responsible
for, and expressly
disclaims all liability for, any claims, damages, losses, or other consequences arising out of or
related to
such recommendations. GetSound and Clariti makes no warranties or representations concerning the suitability
or
effectiveness of the Services for medical, therapeutic, or any health-related purposes. You agree to
consult
with a qualified healthcare professional for medical advice tailored to your individual needs and hold
harmless GetSound and Clariti for any claims arising from the use of the Services based on third-party
recommendations.
Through GetSound’s and Clariti's Services, we may provide you with information regarding products or services offered by third parties. All third-party product or service information is provided for your convenience, “as is,” and “as available” and we do not represent, warrant or guarantee that such third-party information will be available, accurate or reliable or that it will not infringe the rights of third parties.
GetSound and Clariti does not warrant, represent, endorse, enforce, guarantee or assume responsibility for any third-party product or service information through or in connection with, the Services and we will not be a party to or in any way monitor any transaction between you and third-party providers of such product or services. Any such dealings are solely between you and the third party. You agree that GetSound and Clariti will not be responsible for any loss or damage incurred due to any such dealings or concerning any third party’s use or disclosure of your personal information that you make available to them. If there is a dispute between you and any third party, we are under no obligation to become involved and you agree not to involve GetSound and Clariti. GetSound and Clariti reserve the right to use any kind of algorithms including Ai in all services and products.
By agreeing to our Terms, you understand that you are solely responsible for your use of the Site, App or Services as well as GetSound and Clariti music. You acknowledge and agree that to the maximum extent permitted by law GetSound and Clariti assumes no liability or responsibility for any direct, indirect, special, exemplary, punitive, incidental or consequential damages or losses, including, but not limited to, lost profits, loss of data or goodwill, business interruption, service interruption, Device damage, system failure, the cost of substitute services or products, or personal injury; whether based on warranty, contract, tort (including negligence), product liability or any other legal theory; including which arise directly or indirectly from:
You acknowledge and agree that GetSound and Clariti will not be liable to you for any lack of performance, or the unavailability or failure, of the Services, or for any failure or delay by us to comply with these Terms, where such lack, unavailability or failure arises from any cause beyond our reasonable control.
You hereby agree to release, defend, indemnify and hold harmless GetSound and Clariti and its officers, directors, employees, members, investors, and agents from and against any and all claims, disputes, demands, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:
You agree that when posting a review or rating of the Services in a public forum, including but not limited to the App Store, you will comply with the following criteria:
You acknowledge and agree that by posting or submitting any reviews, questions, comments, suggestions, ideas, feedback or other information regarding the Content or the Site, App or Services as well as GetSound and Clariti music , either directly to GetSound and Clariti or on a public forum (Submissions), you hereby waive your Intellectual Property Rights and irrevocably grant to GetSound and Clariti the non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all Intellectual Property Rights that you own or control to use, copy, modify, archive, create derivative works based upon and otherwise exploit your Submissions. Herein you acknowledge and agree that GetSound and Clariti has the unrestricted right to use your Submissions for any lawful purpose, commercial or otherwise, including but not limited to marketing or promotional material without compensation to you or prior acknowledgment. The licenses granted in this provision shall survive the termination or expiration of these Terms.
You agree that all concerns, disputes or claims in relation to these Terms, the Content and the Services are to be raised in the first instance with GetSound and Clariti directly by contacting us at info@getsound.ai Both parties hereby agree to make all reasonable efforts to resolving any such dispute amicably and on an informal basis.
You and GetSound and Clariti agree that any dispute or claim that could not be successfully resolved through initial informal dispute resolution efforts, and arise out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content, will be resolved in a cost-effective binding arbitration, except that each party retains the right to:
In the event of an arbitration, an established alternative dispute resolution provider will be mutually agreed upon by the parties.
Any dispute resolution proceedings, will be conducted only on an individual basis and not in a class or representative action or as a named or unnamed member in a class, consolidated, representative or private legal action.
These Terms constitute the entire and exclusive understanding and agreement between GetSound and Clariti and you, regarding the Content, Site, App or Services as well as GetSound and Clariti music and these Terms supersede and replace any and all previous oral or written, correspondence, arrangements, understandings or agreements between GetSound and Clariti and you, regarding the Content, Site, App or Services as well as GetSound and Clariti music . Each party acknowledges and agrees that neither party relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms.
Failure or delay by GetSound and Clariti in enforcing any of the Terms shall not be construed as a waiver of any of our rights under it.
You may not assign or transfer these Terms, by operation of law or otherwise, without the prior written consent of GetSound and Clariti. GetSound and Clariti may freely assign or transfer these Terms at its sole discretion without restriction. Subject to the foregoing, these Terms will bind and ensure to the benefit of our successors, assigns, licensees, and sublicensees.
If any provision or provisions of these Terms shall be held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such determination shall not affect the validity, legality and enforceability of the remaining provisions and they shall remain in full force and effect.
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Delaware, United States of America.
If you have any questions or suggestions about our Terms of Use, please email us at info@getsound.ai
(depend on your subscription)
* Public broadcasting/Streaming for specific areas after applying and purchasing the correct
subscription.
* Guided meditations/Classes after applying and purchasing the correct subscription.