Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Smart Noise, Inc. ("Smart Noise," "we," "us," or "our"), a Delaware corporation located at South Governor Ave 111b, Dover, Delaware, 19904, USA. By accessing or using our website, mobile applications, and services (collectively, the "Service"), you agree to be bound by these Terms.

If you do not agree to these Terms, you may not access or use the Service. We reserve the right to modify these Terms at any time. Your continued use of the Service after any changes constitutes acceptance of the updated Terms.

2. Eligibility

The Service is intended for users who are at least 18 years of age. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. While we require users to be 18 or older, we cannot guarantee verification of all users' ages.

3. Account Registration

To access certain features of the Service, you must create an account. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized access or security breaches

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our discretion.

4. Description of Service

Smart Noise is an all-in-one fan growth and music marketing platform designed for independent artists, musicians, and music professionals. Our Service includes, but is not limited to:

• Lifetime Pre-Saves and fan capture tools
• Automated advertising campaigns (via Meta/Facebook integration)
• Music Ad Studio for video ad creation
• Fan CRM and messaging capabilities
• Discovery Funnels and promotional tools
• Analytics and reporting features
• Integration with third-party platforms (Spotify, Meta, etc.)

5. Subscription and Billing

Certain features of the Service require a paid subscription. By subscribing, you agree to:

• Pay all applicable fees as described at the time of purchase
• Authorize us to charge your payment method on a recurring basis
• Accept that subscription fees are non-refundable except as required by law
• Provide accurate billing information and keep it updated

Subscriptions automatically renew unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings or by contacting us at support@smart-noise.com. Payment processing is handled by our third-party payment provider, Chargebee.

6. User Responsibilities

You are responsible for all content you upload, create, or distribute through the Service. You agree not to:

• Upload content that infringes on intellectual property rights
• Use the Service for any illegal or unauthorized purpose
• Distribute spam, malware, or harmful content
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or servers
• Violate any applicable laws or regulations
• Impersonate any person or entity
• Collect or harvest user data without consent

7. Intellectual Property

The Service and its original content, features, and functionality are owned by Smart Noise, Inc. and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of any content you upload to the Service. By uploading content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of providing the Service.

8. Third-Party Services

The Service integrates with various third-party platforms and services, including but not limited to:

• Spotify (for pre-saves, streaming data, and music catalog access)
• Meta/Facebook (for advertising and social media integration)
• Google Analytics (for usage analytics)
• Chargebee (for payment processing)
• Supabase (for data storage and authentication)

Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices or content of third-party services.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not guarantee that the Service will be uninterrupted, secure, or error-free. We do not guarantee any specific results from use of the Service, including but not limited to streaming numbers, fan growth, or revenue.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMART NOISE, INC. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

Our total liability for any claims arising from your use of the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless Smart Noise, Inc. and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from your use of the Service, your violation of these Terms, or your violation of any rights of a third party.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the Service will immediately cease.

You may terminate your account at any time by contacting us at support@smart-noise.com. Upon termination, certain provisions of these Terms will survive, including intellectual property, disclaimers, limitations of liability, and indemnification.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Service shall be resolved exclusively in the state or federal courts located in Delaware.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Smart Noise, Inc. regarding your use of the Service and supersede all prior agreements and understandings.

16. Cancellation and Refund Policy

If you're looking to cancel your Smart Noise account, we've got your back. Here's what you need to do:

1. Log in to your Smart Noise account.
2. Go to your account settings or profile section.
3. Go to Manage Your Plan and cancel your subscription.
4. After canceling, you can continue to enjoy your plan until the end of your current billing cycle. No stress!

About Refunds

If you've been charged and want a refund, here's the scoop:

• Contact our support team within 48 hours of the charge showing up on your account. They will help you with the refund process.
• If it's been more than 48 hours, we're unable to issue a refund, but don't worry—you can cancel your plan at any time to avoid future charges.

17. Contact Us

If you have any questions about these Terms, please contact us: