1. The parties
Andy Wilson, trading as SoundPour, of Darlington, United Kingdom, referred to below as "we" or "us". Our full postal address is available on request by emailing hello@soundpour.co.uk. You are the business named on this form, and you are entering into this agreement for the purposes of your business and not as a consumer. The music is licensed for use at the premises you tell us about, and at no other premises. That is referred to below as "the premises".
2. What we are supplying
Access to the SoundPour catalogue through your own private player, at a link we email to you. The player draws on the whole catalogue and weights what it plays according to the setup answers you give it, so what you hear is shaped around your trading day rather than fixed to a set list. We may add to the catalogue during the beta period. We will not remove tracks you are using without telling you.
You can narrow what the player draws on in its settings. Any collection you rule out never plays, and if we ever rename, split or merge a collection you have ruled out, we will tell you first. If you set a schedule, then on the days and at the times you choose, the player plays only the collections you pick for those times, and at all other times it carries on as described above. A track already playing when one of those times begins or ends is allowed to finish. If too little of what you pick can play at those times, the player plays as it would without the schedule rather than stop playing. The number of days before a repeat that you set is what the player aims for, and any figure it shows for how long your choice will last is an estimate. Neither is a promise.
The music is for playing as background music at the premises.
3. The beta period
The beta period runs for 60 days, starting on the day we send you your player link, unless we agree a longer period with you in writing, in which case that longer period applies.
4. What it costs
Nothing during the beta period. We do not ask for card details and there is nothing to cancel. We will contact you before the end of the beta period. At that point you choose:
- Continue. Your first paid year begins on the day after the beta period ends, at the early sign-up price of £149 for that year, and £249 a year after that. We will send you an invoice for that year, to be paid by bank transfer within 14 days of the invoice date. If it is not paid by then, the licence in clause 5 ends, you stop playing the music, and you remove any copy still held. If you change your mind within 30 days of the day you pay that first invoice, tell us and we will refund it in full. The licence in clause 5 then ends, you stop playing the music, and you remove any copy still held. This refund applies to your first payment only.
- Stop. The licence in clause 5 ends, you stop playing the music, and you remove any copy still held.
Nothing bills automatically and nothing renews automatically. If we do not hear from you, the licence simply ends. We will not invoice you without your agreement.
5. What you may do with the music
For the term of this agreement, we grant you a non-exclusive, non-transferable licence to play the supplied music as background music at the premises, during your normal trading.
The player saves music onto the device you run it on, so that it keeps playing if your internet drops. That stored copy is made by the player itself, it stays inside the browser on that device, and this licence covers it for as long as this agreement runs. It is the only copy of our music you are permitted to hold.
You may not extract, export, download, record or otherwise obtain the music files by any other means. You may not copy them to any other device, disc, drive or medium. When this agreement ends, you stop playing the music and remove any copy still held.
You may not broadcast or stream the music beyond the premises, resell it, sublicense it, or make it available to anyone else, except as set out in clause 6.
We keep the copyright in all of it.
6. Using the music in your own promotion
You may use our music in photos, videos and posts promoting the premises, on your own website and your own social media accounts. You do not need to ask us first, and you do not need to credit us, although we would be pleased if you did.
This permission covers promotion of the premises only. It does not extend to broadcast, cinema or paid advertising, or to promoting anything other than the premises. If you want to do any of those, just ask, and we will almost certainly say yes.
We do not register our music with any collecting society. If a platform ever raises a copyright claim against one of your posts because of our music, tell us and we will give you written confirmation that the music is ours and that you are licensed to use it in this way.
7. Your licensing position is yours
We will tell you what the music is, and give you documentation you can put in front of PPL PRS or anyone else who asks.
We will not tell you what your venue is required to license, and nothing we supply should be read as doing so. That depends on every music source on your premises, not only ours, and only PPL PRS can confirm your own position. We strongly suggest you establish it with them directly, in writing. Their guidance is at pplprs.co.uk/themusiclicence.
We give no indemnity against any claim, charge or penalty from PPL PRS or any other collecting society. If you rely on our documentation, you do so on the basis that it describes our music accurately, which it does, and not on the basis that we have advised you on your obligations, which we have not.
8. This is a beta
SoundPour is still in beta. Some features described on our website are still being built, and things may change, be improved, or occasionally break during the beta period. We will tell you when they do.
We cannot promise availability or uptime during the beta period.
9. What we are responsible for
We will take reasonable care to keep SoundPour working properly, and if something goes wrong we would like to hear about it so we can put it right.
Nothing in these terms limits our liability where the law does not allow it to be limited, including for death or personal injury caused by our negligence, and for fraud.
Subject to that, and because the beta is provided free of charge: we are not liable for loss of profit, loss of business, loss of goodwill, loss of anticipated savings, business interruption, or any indirect or consequential loss, however caused. Our total liability to you for everything arising out of or in connection with this agreement during the beta period is limited to £100.
If you go on to a paid subscription after the beta, the liability terms of that subscription will be set out in the agreement for it.
10. Feedback
We would very much like to hear what works and what does not, and you are under no obligation to give us any. There is a Feedback button in the player and it comes straight to us. Anything you do tell us we may use to improve the service, without payment to you.
11. Your information
We are the data controller for the information you give us. We collect your name, business name, email address, the type of venue and the venue's postcode, and, if you choose to give them, your phone number and your town. When you sign up we also record the date, the version of these terms you accepted and the internet address the form was sent from. If you send feedback from the player we also receive your venue name, your player's reference, a rating, whatever you write and, if you add one, an email address so we can reply.
We use it only to set up and run your beta player, to check the venue, to contact you about it, and to improve the service from any feedback you send. To check the venue we confirm the postcode with postcodes.io, a free postcode lookup service, and we may search for the business name and postcode in public listings such as the Food Standards Agency's food hygiene ratings or an online map. We never send your own name, email address or phone number to any of them. Our lawful basis for running your player and contacting you is that it is necessary in order to perform this agreement with you. For checking the venue and for feedback it is our legitimate interest in making sure each player goes to a real venue at the premises named, and in improving the service, and you have the right to object to either.
It is held on our website hosting in the United Kingdom, and we also keep a copy on our own equipment in Darlington. It is not sold, and it is not passed to anyone else for their own purposes, apart from the postcode and venue searches described above. We keep it for the length of the beta period and for two years afterwards, then delete every copy.
You can ask us at any time to see what we hold, to correct it, to delete it, to restrict or object to what we do with it, or to have it sent to you in a portable form. Email hello@soundpour.co.uk and we will reply within one month. If you are unhappy with how we have handled your information you can complain to the Information Commissioner's Office at ico.org.uk. Our full privacy notice has the detail.
12. Ending it early
Either of us may end this agreement at any time, by writing to the other. On ending, you stop playing the music and remove any copy still held. Nothing is owed by either side.
13. Changes to these terms
These terms carry a version number, shown below. The version you accepted when you signed up is the version that applies to you.
If we need to change them during your beta period, we will email you the new version and tell you plainly what has changed. If you would rather not accept a change, you can end this agreement under clause 12 and nothing is owed by either side.
14. The whole agreement
These terms are the whole of what has been agreed between us about the beta. If something on our website, in an email or in conversation differs from them, these terms are what applies. This does not affect our responsibility for anything we have told you dishonestly.
15. Law
This agreement is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction. The beta is offered to venues in the United Kingdom only.
16. How you accept these terms
Ticking the box below accepts these terms. We record the date and the version number against your sign-up, and we email you a copy so that you have your own record of what you agreed to.
We check each sign-up before we set up a player. If we cannot confirm the venue from what you have given us, we will email you to ask for a little more detail, and if we still cannot confirm it we will email you to say we are not going ahead, and nothing is owed by either side.
If anything here is unclear, or you would like something changed before you sign up, email hello@soundpour.co.uk and we will talk it through.