As of 13th September 2024

Summary of Key Terms
This summary is provided for convenience and without prejudice to the full Terms of Service below:

1. Eligibility: The Songpact™ Service is available to users aged 18 and over.

2. Auto-Renewal of Subscriptions: All Songpact™ subscriptions will auto-renew unless cancelled before the renewal date.

3. Professional Advice Disclaimer: Songpact™ is an online platform for informational and self-help purposes only. It is not a law firm and is not regulated as such in any jurisdiction, does not provide legal, tax, accounting, or other professional advice, and is not required to maintain professional indemnity insurance. Use of the Service creates no lawyer-client relationship or privilege. Users should consult with appropriate professionals for such services.

4. Usage: All intellectual property rights related to the Service and Materials are owned by Songpact™ and its suppliers. Users receive a limited, non-transferable license for personal, non-commercial use only.

5. Limitation of Liability: Songpact™ and its affiliates are not liable for any indirect, incidental, special, or consequential damages arising from the use of the Service, Materials, or any related tools and content. Liability is limited to the fees paid by the user for the service in the 12 months prior to the claim.

6. Agreement to Terms: By using the Songpact™ website, platform, or any provided materials, users agree to the Terms of Service and Privacy Policy.

7. Modification of Terms: Songpact™ reserves the right to revise the Terms of Service at any time without notice. Users are responsible for staying informed of any changes.

8. Governing Law and Jurisdiction: The Songpact™ Terms of Service are governed by the laws of England and Wales, and the courts of England have exclusive jurisdiction.

1. Introduction

1.1 SONGPACT™ IS AN ONLINE TECHNOLOGICAL SOFTWARE PLATFORM THAT PROVIDES ACCESS TO MUSIC BUSINESS INFORMATION, DOCUMENTS AND OTHER MATERIALS FOR INFORMATIONAL AND SELF-HELP PURPOSES ONLY. SONGPACT™ IS NOT A LAW FIRM (AND IS NOT REGULATED AS SUCH) AND DOES NOT PROVIDE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. SONGPACT™ AND ITS SERVICES ARE NOT INTENDED AS A SUBSTITUTE FOR ADVICE OR SERVICES FROM PROFESSIONAL ADVISORS. NO LAWYER-CLIENT RELATIONSHIP OR PRIVILEGE IS CREATED BETWEEN YOU AND SONGPACT™ AND COMMUNICATIONS WITH SONGPACT™ MAY BE DISCLOSED IN LEGAL PROCEEDINGS IF ORDERED BY A COURT OR TRIBUNAL. SONGPACT™ RECOMMENDS THAT YOU CONSULT WITH A LAWYER, ACCOUNTANT OR OTHER PROFESSIONAL ADVISOR LICENSED TO PRACTISE IN YOUR JURISDICTION IF YOU REQUIRE LEGAL, TAX, ACCOUNTING OR OTHER PROFESSIONAL ADVICE. IMPORTANTLY, SONGPACT™ IS NOT A REGULATED LAW FIRM IN ANY JURISDICTION, AND IS NOT AUTHORISED OR REGULATED BY THE SOLICITORS REGULATION AUTHORITY OR ANY EQUIVALENT LEGAL REGULATORY BODY. AS SUCH, YOU WILL NOT HAVE ACCESS TO COMPLAINTS PROCEDURES OR COMPENSATION SCHEMES SUCH AS THE SOLICITORS’ COMPENSATION FUND, AND SONGPACT™ IS NOT REQUIRED TO HOLD PROFESSIONAL INDEMNITY INSURANCE.

1.2 ALL SONGPACT SUBSCRIPTIONS WILL AUTO-RENEW UNLESS CANCELLED BEFORE THE RENEWAL DATE.

1.3 https://songpact.com/, https://app.songpact.com/ and any other website owned or operated by Songpact (the “Website”) is a site, service and platform owned and operated by Songpact Ltd (“Songpact™”, “we” and “our”), a company registered in England and Wales under company number 15145231, and its registered office is at 59 St Martin’s Lane, London, WC2N 4JS, England.

1.4 By accessing and/or using the Website or any other website owned or operated by Songpact™, the Songpact™ platform, its APIs and/or email notifications (“Service”), or by accessing and/or downloading any of the range of information, data, text, graphics, documents, forms, templates, agreements, or other materials Songpact™ provides (“Materials”), you confirm that you have read, understand and agree to follow and be bound by these general terms of service (“Terms”) as well as Songpact™’s Privacy Policy.

1.5 Please read these Terms and our Privacy Policy carefully before you start using the Service. If you do not agree to these Terms or the Privacy Policy, you must cease using the Service and Materials immediately.

1.6 Songpact™ reserves the right to revise and modify these Terms at any time and for any reason without notice to you, and it is your responsibility to stay informed of any updates to these Terms. The date that these Terms were last updated will be indicated by the “as of” date specified above.

1.7 You must be 18 years old or older to use the Songpact™ Service. If you are under the age of 18, you are not permitted to use and/or register for the Service or use any of the Materials.

2. Songpact™ Membership Plans

2.1 Songpact™ offers various membership plans (“Songpact™ Plan(s)”) for using and paying for the Songpact™ Service. Membership in a Songpact™ Plan is nontransferable.

2.2 All Songpact™ Plans are automatically renewable on either a monthly (if you’ve selected a monthly plan) or annual (if you’ve selected a yearly plan) basis, until terminated by you or us in accordance with these Terms. Songpact™, or its third-party payment provider, will charge your authorised payment instrument the applicable monthly (if you’re on a monthly plan) or annual (if you’re on an annual plan) membership fee on your renewal date.

2.3 Your chosen Songpact™ Plan shall determine the number of Credits (defined in clause 4.1 below) that you will automatically receive each month or year.

2.4 If you sign up to a monthly Songpact™ Plan, you can switch to an annual Songpact™ Plan at any time. Annual Songpact™ Plans can be changed to a monthly Songpact™ Plan on the anniversary of the commencement of the annual Songpact™ Plan.

2.5 To ensure an uninterrupted service and to enable you to conveniently purchase additional products and services, Songpact™ will store and, when possible, update (e.g. on expiration) your payment method on file. Please note that it is your responsibility to maintain current credit card information on file with Songpact™.

2.6 Prices of Songpact™ Plans are subject to change at any time, but we will not impose the new prices on you without advanced prior written notice, and any price changes will always be prospective and not retroactive. Where you do not agree to the increase in price, you are entitled to cancel your membership in accordance with these Terms before we begin charging you at the new price.

2.7 From time to time, we may also offer different Songpact™ Plans, membership terms and membership benefits.

3. Trial Offer

3.1 Songpact™ makes the first 30 days of any Songpact™ Plan (each a “Trial Offer“) free to new customers who provide a valid payment method, such as a credit card, or other payment method. If you choose to start a Trial Offer, you will automatically join your selected paid Songpact™ Plan at the end of the Trial Offer and you authorise Songpact™ to charge your payment method a recurring monthly (if you’ve selected a monthly plan) or annual (if you’ve selected a yearly plan) membership fee, unless you cancel at any time during the Trial Offer.

3.2 Upon commencement of the Trial Offer you will receive 2 free Credits (defined in clause 4.1 below) (“Trial Credits”). The Trial Credits may be redeemed at any time during the Trial Offer period, and in the event that they have not been redeemed by the date of expiry of the Trial Offer period, any unused Trial Credits may be rolled over into the first month (if you’ve selected a monthly plan) or first year (if you’ve selected a yearly plan) of your paid Songpact™ Plan. The Trial Credits shall expire immediately upon expiry of the Trial Offer in the event that you notify us that you want to cancel during the Trial Offer period.

3.3 YOU MUST CANCEL YOUR MEMBERSHIP PRIOR TO THE END OF THE TRIAL OFFER TO AVOID CHARGES.

4. Beta Launch

4.1 The Songpact™ Service is launching in public Beta mode. While the Service is operational and available, please be aware that it is still in a testing phase. As such, you may encounter bugs, errors, or other issues that could affect the performance of the Service. Your feedback is invaluable and will help us improve the Service for full launch.

4.2 By using the Songpact™ Service during the Beta phase, you acknowledge that the platform is still in development. Songpact™ makes no warranties or guarantees regarding the functionality, stability, or availability of the Service during this period. You agree to use the Service “as is” and understand that any data, agreements, or transactions made during this time are at your own risk.

4.3 Songpact™ shall not be liable for any loss or damage, whether direct or indirect, arising from your use of the Service during the Beta phase. This includes but is not limited to loss of data, interruption of service, or any other issues that may occur.

4.4 By participating in the Beta launch, you agree to provide feedback on your experience, including any bugs or issues you encounter. This feedback may be used by Songpact™ to improve the Service, and you grant Songpact™ the right to use this feedback without restriction or compensation to you.

5. Credits

5.1 Except for members on the ‘Flexible’ membership tier, Songpact™ Plan members receive three or more credits in each month that are redeemable on the Service (“Credit(s)”). Please refer to the Pricing page for details of the number of Credits each membership tier will receive in each month.

5.2 Credits may only be redeemed on the Service, have no cash value, are non-transferable and non-refundable.

5.3 Credits are redeemed during the ‘Create Songpact’ process. One Credit will be automatically redeemed from the account of the user who initiates the Songpact creation process (“Songpact Creator”) upon clicking the ‘Submit Proposal’ button, which sends an initial Songpact™ contract proposal to another Songpact™ user (“Songpact Collaborator”). No further Credits shall be redeemed from the account of either the Songpact Creator or Songpact Collaborator throughout the negotiation and/or execution of the contract.

5.4 Any unused Credits will be rolled over from one month (if you’re on a monthly plan) or one year (if you’re on an annual plan) of paid membership to the next, and any unused Credits do not expire whilst you maintain a paid Songpact™ Plan.

5.5 You may purchase additional Credits at any time by clicking ‘Add Credits’ on the Songpact™ platform. Please refer to the Pricing page for pricing details of additional Credits.

5.6 Credits are valid for the duration of your paid membership and are not time-limited, but any unused Credits shall expire upon the cancellation or termination of a paid membership plan.

6. Cancellation

6.1 If you are in a Trial Offer period you may cancel your membership at any time during the Trial Offer period by visiting your ‘Manage Your Songpact Account’ page or contacting Customer Care at customercare@songpact.com and you will not be charged any fees.

6.2 After becoming a Songpact™ member on a paid Songpact™ Plan you may cancel at any time by visiting your ‘Manage Your Songpact Account’ page or contacting Customer Care at customercare@songpact.com, but you will not receive a full or partial refund of any membership fees already paid. Upon cancellation, all of your unused Credits will expire. By signing up for a membership, you acknowledge and agree to this.

6.3 If you are enrolled on a paid Songpact™ Plan and fail to provide a full subscription payment on time, we reserve the right to deem such a failure as notice of cancellation and cancel your account immediately. Further, if we are unable to charge your designated payment method for any reason, we reserve the right to automatically suspend your paid membership until your designated payment method can be charged again.

7. Intellectual Property

7.1 All intellectual property rights of whatever nature anywhere in the world conferred under statute, common law or equity and including rights in respect of or in connection with copyright, whether or not registered or registrable, and including the right to apply for or renew the registration of such rights (“Intellectual Property Rights”) of the Service and Materials belongs to Songpact™ and its suppliers. Songpact™ retains all of its rights in the Songpact™ Service and Materials. Nothing in these Terms grants you a right or licence to use any Intellectual Property Rights owned or controlled by Songpact™ or any other third party, except as expressly provided in these Terms.

7.2 Songpact Ltd owns the Songpact™ name, brand, trademark and all related logos. Songpact™’s trademarks and trade names may not be used in connection with any product or service that is not Songpact™’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Songpact™.

7.3 You may not use any Songpact™ logo or other proprietary graphic or trademark as part of a hyperlink without express written permission from Songpact™. All other trademarks not owned by Songpact™ that appear in the Songpact™ Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Songpact™.

8. Limited Licence

8.1 Subject to your compliance with these Terms and your payment of the applicable fees, Songpact™ grants you a non-exclusive, non-transferable licence to make personal and non-commercial use of the Service, and access and use the Materials for your own personal, informational, non-commercial use. You may search, view, download and/or print any Materials, but you shall have no right to modify, edit, copy, reproduce, decompile, disassemble, reverse engineer, create any derivative work of, translate, sell, sublicence, distribute, display or in any way exploit the Service or any of the Materials (in whole or in part) in any manner.

8.2 You may not misuse the Service and/or Materials, and Songpact™ retains the right to prohibit you from using the Service and/or Materials in Songpact™’s absolute discretion. The licences granted by Songpact™ terminate if you do not comply with these Terms.

8.3 All rights not expressly granted to you in these Terms are reserved and retained by Songpact™ or its suppliers.

9. Your Account

9.1 By registering for a user-account (“Songpact™ Account“) or using the Services, you represent and warrant to Songpact™ that:

a) You are over the age of 18;
b) You have the right, authority and capacity to agree to and abide by these Terms;
c) If you are registering with Songpact™ on behalf of a business, that business is taken to have accepted these Terms and you are taken to have been duly authorised to bind the business;
d) You will use the Service in a manner consistent with all applicable laws, regulations and all other Songpact™ policies.

9.2 You are responsible for maintaining the confidentiality of your Songpact™ Account and for restricting access to your computer(s) or device(s), and you agree to accept responsibility for all activities that occur under your Songpact™ Account.

9.3 You agree to notify Songpact™ immediately following any unauthorised use of your Songpact™ Account or any other breach of security.

10. Third Party Websites

10.1 The Service may contain links to other websites that are not owned or operated by Songpact™ (each a “Third Party Website”) and Songpact™ is not responsible or liable for the availability, contents, products, services or use of any Third Party Website. You assume sole responsibility and the entire risk for accessing any such Third Party Website.

11. Termination

11.1 Your right to use the Service will automatically terminate if you violate these Terms. In case of such termination, we may terminate your access to the Service without notice and you will not receive a full or partial refund of any fees already paid.

12. Suspension and Termination of Songpact™ Service

12. 1Our business may change over time and we reserve the right to modify the Service. We also reserve the right to suspend or discontinue the Service or your use of the Service, in whole or in part, at any time with or without notice and without liability to you. In the event that we exercise such right, you may be entitled to a full or partial refund, in our sole discretion, if you are a member of a paid Songpact™ Plan.

13. Data Protection

13.1 User data is handled according to our Privacy Policy. By using the Service, you agree to the terms of the Privacy Policy.

14. Electronic Signatures

14.1 Songpact™ does not authenticate users’ signatures or identities. By using the Service, you consent to using electronic signatures. You also agree that no certification authority or other third-party verification is needed to validate your electronic signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature or any resulting contract signed using the Service.

15. Acceptable Use of Communication Services

15.1 The Service may contain services such as chat areas, calendars, and/or other message or communication facilities designed to enable you to communicate with other Songpact™ users (“Communication Service(s)”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

15.2 You agree that when using a Communication Service, you will not:

• defame, abuse, harass, stalk, threaten or otherwise breach the legal rights (such as rights of privacy and publicity) of others;
• publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
• upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control these rights or have received all necessary consents;
• upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; or
• breach any applicable laws or regulations.

15.3 We reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part. Songpact™ reserves the right to terminate your access to any or all of the Communication Services at any time without notice if we reasonably believe that you have breached these Terms or are misusing the Communication Services in any way.

15.4 Always use caution when giving out any personally identifying information about yourself or your family in any Communication Service. We do not control or endorse the content, messages or information found in any Communication Service and, therefore, we specifically disclaim any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

16. Disclaimer

16.1 The Service, Materials, and all other tools, information, content, documents, forms and/or agreements provided by Songpact™, are provided on an “as is” basis without representation or warranty of any kind (express or implied). This includes (to the extent permitted by law), without limitation, the exclusion of any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

16.2 The Materials may not be suitable for your circumstances or meet your requirements, and you assume the sole responsibility and entire risk as to the suitability of the Materials.

16.3 Songpact™ does not make any warranty or representation in relation to the accuracy, completeness, adequacy, reliability or otherwise of the Service, Materials, and all other tools, information, content, documents, forms and/or agreements provided by Songpact™, nor that the same will be continuously available on a secure or error-free basis. Songpact™ shall have no responsibility for determining that your proposed use of the Service complies with applicable laws and regulations in your jurisdiction(s).

16.4 Songpact™ and its officers, affiliates, representatives, contractors and employees shall not be responsible or liable with respect to any subject matter of these terms related thereto under any contract, negligence, strict liability or other theory of liability:

a) for use of the Service, or for error or interruption of use of the Service;
b) for loss or inaccuracy or corruption of data or cost of procurement of substitute goods, services or technology or loss of business
c) for any indirect, exemplary, incidental, special or consequential damages;
d) for any matter beyond our responsible control; or
e) for any amounts that, together with amounts associated with all other claims, exceed the fees paid by you to us for the Service under these terms in the 12 months prior to the act that gave rise to the liability, in each case, whether or not we have been advised of the possibility of such damages.

This does not affect claims in respect of death or personal injury caused by negligence and nothing in these Terms excludes or limits liability that cannot be limited under law.

16.5 You are solely responsible for the preparation, content, accuracy and review of any Materials resulting from the use of the Service.

16.6 You agree to bring any claim (including negligence) in connection with any of the Services only against us, and not against any individual, however described.

17. Indemnity

17.1 By using the Service, you agree, to the extent permitted by law, to indemnify and hold Songpact™, its directors, officers, employees, affiliates, agents, contractors, and licensors harmless concerning any claims arising out of your breach of these Terms, any representations or warranties made by you herein, or your other improper, unauthorised, or unlawful use of the Service and/or Materials.

18. Force Majeure

18.1 Songpact™ shall not be held liable for any failure to perform its obligations under these Terms if such failure is caused by circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation facilities, fuel, energy, labour, or materials.

18.2 In the event of any such delay or failure, Songpact™ shall be excused from any further performance of the affected obligations for as long as such circumstances prevail and shall use all commercially reasonable efforts to recommence performance as soon as practicable.

19. General

19.1 Unless otherwise specified, this Agreement constitutes the entire Agreement between you and us with respect to the Service and it supersedes all prior communications and proposals, whether electronic, oral or written, between you and us with respect to the Service.

19.2 You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement or your use of the Service.

19.3 If any part of these Terms is determined to be invalid or unenforceable under any applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement will continue in effect.

19.4 You must not assign or otherwise transfer the Terms, or any right granted under them, without our prior written consent. We can freely transfer our rights and obligations under the Terms without consent.

19.5 Our failure to enforce any right or provisions in these Terms will not constitute a waiver of such provision or any other provision of these Terms.

20. Governing Law

20.1 These Terms and our Privacy Policy and any dispute or claim arising out of or in connection with them shall be exclusively governed by and interpreted in accordance with the laws of England and Wales, and the Courts of England shall have exclusive jurisdiction for any proceeding relating in any way to your use of the Service.

21. FAQs

21.1 For common questions and clarifications, please refer to our FAQ section, which should be consulted alongside these Terms.