1. Acceptance of Terms and Conditions of Use
These Terms of Service ("Terms") form a binding legal agreement between you and the developers of the Soundy application ("Soundy", "we", "us", "our"). By downloading, installing, accessing or using Soundy on any Apple device, you confirm that you have read, understood and accepted these Terms and our Privacy Policy. If you do not agree, you must not use Soundy.
Because Soundy is a third-party client for SoundCloud, your use of Soundy is also subject to:
- SoundCloud's Terms of Use — https://soundcloud.com/terms-of-use
- SoundCloud's Privacy Policy — https://soundcloud.com/pages/privacy
- SoundCloud's Community Guidelines — https://soundcloud.com/community-guidelines
By using Soundy you accept those SoundCloud documents in addition to these Terms.
2. Modifications to the Terms and to the Services
We may update these Terms at any time. The updated version will be posted on this page with a new effective date and takes effect immediately upon posting. Your continued use of Soundy after a change means you accept the revised Terms.
We may also modify, suspend or discontinue Soundy, in whole or in part, at any time without notice and without liability. Because Soundy depends on SoundCloud's public API, changes to that API by SoundCloud may also affect or limit functionality.
3. Your Use of the App and Security
You are responsible for keeping your Apple device, your SoundCloud account credentials, and any device-level access you use to launch Soundy secure. Soundy never asks for or stores your SoundCloud password. When you choose to sign in, authentication happens directly with SoundCloud via its official OAuth flow, and only the resulting access token is kept on your device in the system Keychain.
While we apply reasonable measures within the app, no transmission over the Internet can be guaranteed to be 100% secure.
4. Intellectual Property Rights and Ownership
The Soundy app — including its code, user interface, design, name, logo and any associated marketing materials — is owned by the Soundy developers and protected by copyright, trademark and other applicable laws. You may not copy, reproduce, decompile, reverse-engineer, modify, distribute, sublicense or create derivative works of any part of Soundy except as expressly permitted by applicable law.
All music, artwork, waveforms, artist names, track titles and other content streamed through SoundCloud remain the exclusive property of their respective owners (artists, labels, rights holders and SoundCloud Limited). Nothing in these Terms transfers any right in that content to you.
"SoundCloud" and the SoundCloud logo are trademarks of SoundCloud Limited. Soundy is an independent third-party client and is not affiliated with, endorsed, or sponsored by SoundCloud Limited.
5. Conditions of Use and User Conduct
You agree that you will not, and will not attempt to, use Soundy to:
- Violate any applicable law or regulation, or the rights of any third party (including copyright and other intellectual property rights);
- Violate SoundCloud's Terms of Use, Community Guidelines, or Privacy Policy;
- Download, record, capture, cache, save or redistribute any audio stream, artwork, waveform or metadata served through SoundCloud;
- Circumvent any technical limitation, geographic restriction or content protection enforced by SoundCloud or by Soundy;
- Use Soundy to upload, post, distribute or make available content that is unlawful, infringing, defamatory, obscene, harassing or otherwise objectionable;
- Impersonate any person or misrepresent your affiliation with any person or organization;
- Interfere with, disrupt or attempt to gain unauthorized access to Soundy, the SoundCloud API, any servers or networks involved in providing the service.
6. Streaming and No Downloading
Soundy is a streaming-only SoundCloud client built on the official SoundCloud API. It plays tracks that are publicly available on SoundCloud and that the SoundCloud API authorizes the app to stream. Soundy:
- Does not download, save, export or cache full tracks for offline playback;
- Streams only free tracks that SoundCloud has authorized for third-party API playback;
- Respects SoundCloud's rate limits, technical restrictions and policy decisions.
If SoundCloud removes a track, marks it private, restricts it geographically, or otherwise changes what its API authorizes, that track will become unavailable in Soundy as well. We have no control over those decisions.
7. Monitoring, Enforcement, Suspension and Termination
We may, but are not obligated to, investigate any suspected violation of these Terms or any applicable law. We may take any action we consider appropriate, including limiting or terminating your access to Soundy and cooperating with law enforcement or rights holders, without notice and without liability to you.
8. No Reliance
Information surfaced in Soundy (track titles, artist names, artwork, statistics, waveforms, descriptions, etc.) is supplied by SoundCloud and by the users who uploaded that content. We do not verify, endorse or guarantee the accuracy, completeness or legality of any such content. You rely on it at your own risk.
9. Privacy
Soundy does not collect personal information on our servers. The app contains no third-party analytics frameworks, no advertising SDKs and no behavioral trackers. Please review our Privacy Policy for full details, and SoundCloud's own Privacy Policy for how SoundCloud handles data sent directly to its API.
10. Third Party Websites and Services
Soundy connects to and depends on services operated by SoundCloud Limited. It may also link or redirect to third-party websites (for example, the App Store, soundcloud.com, or an artist's profile). We do not control those services and are not responsible for their content, accuracy, security, availability or privacy practices. Your use of any third-party service is solely at your own risk.
11. Consent to Electronic Communication
By using Soundy or contacting us, you agree that we may communicate with you electronically (for example, by email at the address you choose to provide). Electronic communications, notices and agreements have the same legal effect as if they were in physical writing.
12. Geographic Restrictions
Soundy is offered through the Apple App Store in the regions Apple makes available. We make no representation that Soundy or any specific SoundCloud track is appropriate or available outside any particular country. If you access Soundy from a region where SoundCloud or particular content is restricted, you do so on your own initiative and are responsible for complying with local laws.
13. Disclaimers
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, SOUNDY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.
NEITHER SOUNDY NOR ANY PROVIDER OF ANY THIRD-PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT. BOTH THE SERVICES AND CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS.
NEITHER SOUNDY NOR ANY THIRD PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES.
NEITHER SOUNDY NOR ANY THIRD PARTY WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY AND COMPLETENESS OF THE CONTENT.
SOUNDY IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS AGREEMENT.
FOR CLARITY, SOUNDY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES.
SOUNDY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND SOUNDY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.
14. Limitation of Liability and Indemnity by You
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE (THIS INCLUDES SOUNDY'S EMPLOYEES, OFFICERS, AGENTS, AND AUTHORIZED RESELLERS) ARE NOT LIABLE WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), EQUITY OR ON ANY OTHER GROUNDS TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGE, LOSS, COST OR EXPENSE, DAMAGE TO PROPERTY, INJURY TO PERSONS, LOSS OF PROFITS, LOSS OF DATA OR REVENUE, LOSS OF USE, LOST BUSINESS OR MISSED OPPORTUNITIES, WASTED EXPENDITURE OR SAVINGS WHICH YOU MIGHT HAVE HAD, DENIAL OF SERVICE OR ACCESS TO OUR WEBSITE, OCCURRING DIRECTLY OR INDIRECTLY FROM THE USE OR ABILITY OR INABILITY TO USE, OR RELIANCE ON, OUR WEBSITE, OR THE SERVICE AND BASED ON ANY TYPE OF LIABILITY INCLUDING BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE.
YOU SHALL INDEMNIFY US AGAINST ALL CLAIMS, COSTS (INCLUDING ALL OUR LEGAL COSTS), EXPENSES, DEMANDS OR LIABILITY, DAMAGES AND LOSSES WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, OR OTHERWISE, AND WHETHER ARISING IN CONTRACT, TORT (INCLUDING IN EACH CASE NEGLIGENCE), OR EQUITY OR OTHERWISE, ARISING DIRECTLY OR INDIRECTLY FROM BREACH BY YOU OR ANYONE YOU GIVE ACCESS TO YOUR DATA, OF ANY OF THESE TERMS.
IF YOU ARE NOT SATISFIED WITH THE SERVICES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE YOUR ACCOUNT.
DESPITE THE ABOVE, IF ANY COURT HOLDS US (THIS INCLUDES OUR OFFICERS, STAFF, AND AGENTS) LIABLE FOR ANY MATTER RELATED TO THESE TERMS OR OUR SERVICES, OUR TOTAL COMBINED LIABILITY WILL BE LIMITED TO THE SUM OF YOUR MONTHLY FEES PAID BY YOU FOR THE PREVIOUS MONTH.
15. Governing Law and Jurisdiction
These Terms and any dispute arising out of or related to them or to Soundy will be governed by the laws applicable at the principal place of business of the Soundy developers, without regard to its conflict-of-laws principles. You and the Soundy developers agree to submit to the exclusive jurisdiction of the competent courts at that location, to the extent permitted by mandatory consumer-protection law in your country of residence.
16. Waiver
No failure or delay by us to enforce any right or provision of these Terms will operate as a waiver of that or any other right or provision. To the extent permitted by law, you waive any right to participate in a class action or representative action against the Soundy developers in connection with Soundy.
17. Severability and Survival
If any provision of these Terms is held invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect. All provisions that by their nature should survive termination of these Terms — including, without limitation, ownership, disclaimers, indemnity and limitations of liability — will survive.
18. Entire Agreement
These Terms, together with our Privacy Policy and the SoundCloud documents referenced in Section 1, constitute the entire agreement between you and the Soundy developers regarding Soundy, and supersede all prior or contemporaneous understandings.
19. Reporting and Contact
Copyright claims, abuse reports, legal notices and general questions about these Terms should be sent to support@getsoundy.app.