Terms of Service

Sonatify Terms of Use

Please read these Terms of Use (the "Agreement") carefully. Your use of the Site and Service (as defined below) constitutes your consent to this Agreement.

This Agreement is between you and Boomy Corporation ("Boomy" or "we" or "us") concerning your use of (including any access to) the Boomy site located at https:sonatify.com/ (together with any materials or services available therein, and any successor site(s) and service(s), the "Site") and Service (as defined below). This Agreement hereby incorporates by reference any additional terms and conditions posted by us through the Site, or otherwise made available to you by us.

By using the service, you affirm either (1) that you are of legal age in your jurisdiction to enter into this Agreement or, (2) if you are not of legal age in your jurisdiction but are older than twelve (12), that you have obtained parental or guardian consent to enter into this agreement. The service is not available to individuals who are under the age of thirteen (13).

If you are an individual accessing or using the Site on behalf of, or for the benefit of, any corporation, partnership, group, Organization or any other entity with which you are associated (an "Organization"), then you are agreeing to this Agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to "you" and "your" in this Agreement will refer to both the individual using the Site and to any such Organization.

This Agreement contains a mandatory arbitration provision that, as further set forth in Section 19 below, requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or any other court proceedings, or class actions of any kind.

1 Changes.

We may change this Agreement from time to time by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes.

2 Information Submitted Through the Site.

Your submission of information through the Site or Service is governed by Boomy's Privacy Policy, located at https://sonatify.com/privacy (the "Privacy Policy"). You represent and warrant that any information you provide in connection with the Site or Service is and will remain accurate and complete, and that you will maintain and update such information as needed.

3 Jurisdictional Issues.

The Site and Service are each controlled or operated (or both) from the United States, and is not intended to subject Boomy to any non-U.S. jurisdiction or law. The Site or Service may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site or Service is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Service's availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

4 Service.

Through the Site, Boomy makes available a service that can be used to generate fully produced music tracks using simple settings determined and provided by Boomy (the "Service"). Any track, recording, stem or song generated by or in connection with your use of the Service, including the composition therein and the sound recording thereof, is solely owned by Boomy (as further set forth in Section 8.1 below) and is referred to herein as a "Track." Some features of our Service are only available to registered users who subscribe such features (see "Plans and Transaction" below). Further information regarding how the Service works, the different plan options made available by Boomy and your ability to license certain rights to a Track.

5 Rules of Conduct.

In connection with the Site and Service, you must not:

• Use the Site or Service for any commercial use except as expressly authorized herein.
• Post, transmit or otherwise make available through or in connection with the Site or Service any materials that are or may be: (a) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) threatening, harassing, degrading, hateful or intimidating, or otherwise fail to respect the rights and dignity of others.
• Reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the Service except as expressly authorized herein, without Boomy's express prior written consent.
• Post, transmit or otherwise make available through or in connection with the Site or Service any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a "Virus").
• Use the Site or Service for any purpose that is fraudulent or otherwise tortious or unlawful.
• Harvest or collect information about users of the Site or Service.
• Interfere with or disrupt the operation of the Site or Service or the servers or networks used to make the Site or Service available, including by hacking or defacing any portion of the Site or Service; or violate any requirement, procedure or policy of such servers or networks.
• Restrict or inhibit any other person from using the Site or Service.
• Reverse engineer, decompile or disassemble any portion of the Site or Service, except where such restriction is expressly prohibited by applicable law.
• Remove any copyright, trademark or other proprietary rights notice from the Site or Service.
• Frame or mirror any portion of the Site or Service, or otherwise incorporate any portion of the Site or Service into any product or service, without Boomy's express prior written consent.
• Create multiple Site accounts or share your Site account with any person.
• Systematically download and store Site or Service content.

Use of the Service requires a compatible device, Internet access and may require obtaining updates or upgrades from time to time. You are responsible for obtaining, maintaining, updating, upgrading and paying for all hardware and all telecommunications and other services needed to use the Service.

6 Plans and Transactions.

The Service is made available pursuant to different plans (each a "Plan"), some of which are subject to certain charges.

More information regarding the Plans, including the prices and features associated with each type of Plan can be found here.

6.1 Membership Plans.

Certain features of the Service are only available to users who subscribe to the certain Plans(collectively, the "Membership Plans"). More information regarding the Membership Plans, including the prices and features associated with each type of Membership Plan can be found here.

If you wish to use a Membership Plan or make any other transaction (for example, if you license the rights to a Track), you may be asked to supply certain relevant information, such as your credit card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any credit card that you submit in connection with a Transaction. By submitting such information, you grant to us the right to provide such information to third parties for purposes of facilitating transactions. Verification of information may be required prior to the acknowledgment or completion of any transaction.

You agree to pay all charges incurred by you or on your behalf through the Site or Service, at the prices in effect when such charges are incurred. In addition, you are responsible for any taxes applicable to your transactions. While it is our practice to confirm orders by e-mail, the receipt of an e-mail order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service.

6.2 Term and Renewal of Membership Plans.

If you select our monthly payment option, your Membership Plan will run a month to basis and will automatically renew at the end of each month, unless you cancel your Membership Plan before the applicable date of renewal. If you select our annual payment option, your Membership Plan will be for a twelve (12) month period, and your Membership Plan will automatically renew for additional, successive twelve (12) month periods thereafter. We will automatically charge your account for the associated Membership Plan fee on the date of commencement of each applicable twelve (12) month renewal period, unless you cancel your Membership Plan before the applicable date of renewal.

6.3 Upgrading/Downgrading Membership Plans.

You can upgrade or downgrade between Membership Plans at any time on the Service. If you upgrade or downgrade you will immediately be charged the difference in price or you will be refunded with a reasonable time. This is determined based on how far you are into your initial Membership Plan at the time you upgrade or downgrade. Any refund related to a change in a Membership Plan will go back to the payment method used at the time of your purchase of the original Membership Plan.

6.4 Changes to the Membership Plans.

You acknowledge and agree that the Plans, including associated pricing and features, are subject to change from time to time. In the event of any increase in the price or material reduction in the features of any Membership Plan which you have purchased, such change(s) will be reasonably communicated to you and will only take effect with respect to any subsequent renewal of your Membership Plan. In all other cases, where Boomy proposes to make changes to any type of Membership Plan you have purchased, Boomy will reasonably notify you of the proposed changes. You will have no obligation to continue using the Service following any such notification, but your continued use of your Membership Plan will constitute your acceptance of the changes to your Membership Plan.

7 Miscellaneous.

Notices hereunder will be given in writing and sent via email (a) to Boomy at legal@boomy.com; and (b) to you at the email address associated with your Boomy account.