Terms of Use

Terms of Use

Last updated: October 1, 2025

By signing up to or otherwise using the SoundBirth platform, mobile app, services, websites, and software applications (together, the “SoundBirth Service” or the “Service”), you enter into a binding contract with SOUNDBIRTH SAS, a French simplified joint-stock company registered with the RCS Marseille under number 799 070 834 (“SoundBirth”, “we”, “us”, “our”).

Your agreement with us includes these Terms of Use, our Privacy Policy, our Payment & Subscriptions Terms of Use, and any supplemental terms that apply to specific features (together, the “Agreements”). By using the Service, you acknowledge that you have read, understood, and agree to be bound by the Agreements. If you do not agree (or cannot comply), do not access or use the Service.

1. Eligibility and Accounts

You must be at least 18 years old (or the age of majority in your jurisdiction) and have the legal capacity to enter a binding contract. If you are under 18, you must provide verifiable parental/guardian consent.

If you open an account on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity; and (b) you represent and warrant that you are authorized to bind that entity and grant the permissions and licenses in the Agreements.

You promise that all information you submit is true, accurate, and complete, and you agree to keep it that way.

2. Parties

1. SOUNDBIRTH SAS, a company organized under the laws of France, RCS Marseille 799 070 834; and
2. The User (“you”, “your”).

A “Party” means each of SoundBirth or the User; the “Parties” means both together.

3. Introduction

1. SoundBirth, on its own and under agreements with third parties, provides tools and services that enable the distribution, promotion, and exploitation of content via mobile and web applications (the “Digital Services”).
2. The User is the owner and/or lawful licensee of the exclusive rights to reproduce and communicate to the public their sound recordings, audiovisual recordings, images, names, and texts (including authors’/composers’ rights and neighboring rights) (collectively, the “User Content”).
3. SoundBirth, through developer and commercial agreements (e.g., with Apple and Android ecosystems), is able to provide the Digital Services to eligible Users.
4. The User subscribes to the Digital Services that SoundBirth provides under these terms.

4. Definitions

• “Recordings” means any audio recordings you submit to SoundBirth via the Service.
• “Masters” means the final mixed and mastered sound recordings comprising the Recordings.
• “Stores” means digital consumer services and retailers (now known or hereafter developed) such as Spotify, Apple Music, Deezer, Amazon, YouTube, TikTok, Instagram, Facebook, Pandora, TIDAL, etc., with which SoundBirth has agreements from time to time.
• “Metadata” means information used to identify or describe User Content (e.g., title, artist, contributors’ legal names, label, release date, ISRC/UPC, genre).
• “Territory” means worldwide unless otherwise specified.
• “Stage” means the artist-facing interface within the Service enabling interactions with Service features and other users.
• “Materials” means the Service and all content, functionality, and features within it owned or controlled by SoundBirth (see Section 14).
• “Data” means information generated through use of the Service (e.g., analytics, dashboards, reports). Personal data is governed by the Privacy Policy.

5. Grant of Rights (Distribution & Promotion)

You grant SoundBirth, during the Term and throughout the Territory, the non-exclusive rights (no transfer of ownership) to:

1. Distribute & make available the Recordings and related Metadata and assets to Stores for digital downloads (where applicable), interactive and non-interactive streaming, cloud and on-demand services, and similar means now known or later developed.
2. Host, transcode, reproduce, adapt (as necessary for technical formats), clip for previews, and otherwise usethe Recordings and Metadata to deliver the Service and facilitate distribution and promotion.
3. Use your approved name(s), photographs, likenesses, cover artwork, logos, and biographical information you submit for identification, editorial, discovery, and promotional purposes in connection with the Service and distribution.
4. Sublicense the foregoing rights to Stores and distribution partners strictly as required to deliver the Service.
5. Correct Metadata where necessary (e.g., formatting, standardization, obvious errors) to meet Store requirements.
6. UGC/short-form features. Authorize Stores/partners that offer user-generated content tools (e.g., TikTok, Instagram, Facebook, YouTube, Twitch, Snapchat) to enable creation and use of UGC/remixes consistent with those platforms’ standard features.
7. Synchronization scope. To the extent necessary for Store/platform features (e.g., pairing Recordings with short-form videos, Stories, Reels, Shorts, livestreams, and similar platform-native features), authorize synchronization of the Recordings with visual images. This does not authorize standalone commercial film/TV/advertising synch licenses unless you expressly opt in or separately agree.

All promotional uses under this Section are royalty-free (for clarity, Store royalties to you are handled under the Payment & Subscriptions Terms of Use). Nothing herein transfers ownership of your copyrights, trademarks, or other IP.

6. User Rights; Delivery & Release Requirements

As between you and SoundBirth, you retain all rights in User Content not expressly licensed here. Nothing here is a sale or assignment.

When prompted to deliver User Content, you will:

• Upload Masters and complete all required Metadata (including legal names for songwriters/producers and featured artists).
• Provide artwork in square JPEG/PNG at least 3000×3000 px and high quality (300 dpi recommended). Inadequate specs may cause Store rejections.
• Provide ISRCs (and UPC for releases) if you have them; otherwise, SoundBirth may assign codes.
• Apply advisory flags where applicable (e.g., explicit content).
• Lead time. Upload no less than 30 days prior to your desired release date. We make no guarantees regarding actual release dates.
• Pricing. Retail pricing is set by Stores. Where a download Store requires a price tier, SoundBirth may select an appropriate tier unless a different tier is available and you select it within the Service.
• Release date locks. Once delivered, release dates and other attributes may be locked by Stores and may not be changeable.
• Licenses & clearances. You are solely responsible for obtaining all licenses/consents and making all payments due to rights holders (e.g., composition owners/publishers, producers, performers, sample owners) for the exploitation of the User Content. Upon request, you will promptly provide documentation evidencing these rights and clearances.
• Unauthorized compositions. SoundBirth may deny or remove from distribution any Master that uses an unauthorized third-party musical composition.

SoundBirth will use reasonable efforts to perform the Services but is not responsible for (i) your failure to follow delivery specs; (ii) Store delivery timelines; or (iii) Store errors, outages, takedowns, or policy enforcement.

7. Stores

We maintain agreements with various Stores. You may choose Stores for delivery where that option is offered. Store terms and policies govern how content is made available and monetized and may change from time to time. SoundBirth cannot guarantee placement, availability, or continued availability in any given Store and assumes no liability for Store interruptions, delays, errors, takedowns, or payout/reporting delays.

8. Partner Services & Integrations (e.g., SACEM – MusicStart) 

Some features in the App provide access to services offered by third parties (“Partner Services”), such as MusicStart by SACEM. Partner Services are provided solely by their respective providers and are governed by their terms and policies (“Partner Terms”), available in-app and/or on our website. By accessing a Partner Service, you accept the applicable Partner Terms, which prevail for that service in case of conflict with these Terms.

Unless otherwise stated where permitted, access, purchase, management, and cancellation of a Partner Service must be performed via the same channel used at purchase (e.g., App Store/Google Play or web checkout). Pricing, billing cycles, trials, and renewals for Partner Services may differ from your SoundBirth subscription.

You authorize us to share with the Partner the minimum data necessary to deliver the service (e.g., account identifiers, your works’ metadata, required proofs) and acknowledge the Partner processes such data under its own policies. SoundBirth is not a party to your agreement with the Partner (unless expressly stated) and does not warrant any content, availability, performance, eligibility, results, or fitness of any Partner Service. We may suspend or remove any integration at any time (e.g., partner discontinuation, non-compliance, legal requirements).

Without limitation, you remain solely responsible for: (i) the accuracy and lawfulness of information/works submitted; (ii) respecting third-party rights; and (iii) any membership/registration decisions by organizations (e.g., SACEM), which remain at their sole discretion. MusicStart is a proof/timestamp tool and does not constitute a rights transfer, clearance, or a guarantee of acceptance by any rights organization.

9. Prohibited Uses & Content Standards

You may not use the Service for any unlawful, infringing, fraudulent, or harmful purpose or to harass, threaten, or impersonate others.

Prohibited content includes (without limitation) content that:

• contains hateful, racist, discriminatory, sexually explicit, or violent material;
• promotes illegal activity;
• invades privacy, defames, or otherwise violates rights of others;
• comprises generic ambience (e.g., “rain”/“forest” noise), unlicensed classical covers, podcasts/audiobooks/radio shows, or parodies/tributes not meeting Store policies.

SoundBirth may, in its sole discretion, remove content, suspend or terminate access, and withhold royalties associated with violations.

10. Third-Party Applications

The Service integrates with third-party applications and websites (“Third-Party Applications”). Their terms and privacy policies apply to your use of them. SoundBirth does not endorse or assume responsibility for Third-Party Applications or your dealings with them.

11. Your Warranties; Anti-Fraud and Manipulated Activity

You represent and warrant that:

• You have full right and authority to enter the Agreements and grant the rights herein;
• You own or control the necessary rights in the User Content and have obtained all third-party permissions and clearances;
• The Recordings are original and contain no uncleared samples;
• You will not engage in, encourage, or permit any Fraudulent Activity, including without limitation artificial stream/play generation, bots, click-farms, incentivized plays in violation of Store policies, or similar manipulation.

Remedies for Fraudulent Activity. In addition to other remedies, SoundBirth may (i) withhold and/or recoup royalties; (ii) freeze or terminate your account; (iii) remove content; and/or (iv) cooperate with Stores and authorities. You are solely responsible for any breach and its consequences.

12. Infringement Notices

We respect intellectual property rights. If you believe content on the Service infringes your rights, contact contact@sound-birth.com with details. If we receive a valid notice, we may remove or disable content without prior notice. If you believe removal was in error, you may submit a counter-notification as instructed by support.

13. Accounting; Limits of Responsibility for Store Reporting

We will use reasonable efforts to obtain proper accounting from Stores and licensees. However, we are not liable for (i) Store failures to timely/accurately report or pay; (ii) any claim relating to a statement/payment issued more than 12 months before we receive written notice of the claim; or (iii) sums due to third parties (your obligations to others). See also the Payment & Subscriptions Terms of Use for payout processes, thresholds, taxes, and fees.

14. Disclaimers; Limitation of Liability

The Service and Materials are provided “as is” and “as available” without warranties of any kind, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law. We do not guarantee any particular placement, promotion, streams, sales, fans, or success.

To the fullest extent permitted by law, SoundBirth and its affiliates, officers, employees, and agents will not be liablefor any indirect, incidental, special, consequential, exemplary, or punitive damages (including lost profits, data, goodwill, business interruption), whether in contract, tort, or otherwise, even if advised of the possibility. Nothing excludes or limits liability for wilful misconduct or gross negligence where such limitation is not permitted by law.

Your sole remedy for dissatisfaction with the Service is to stop using it.

15. Branding, Materials, and Feedback

The Service (including technology, design, data, tools) is owned by SoundBirth or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service as permitted by the Agreements. SoundBirth’s trademarks, logos, and brand features remain our sole property; no rights are granted to you to use them except as expressly authorized.

We welcome feedback. By submitting comments/ideas, you grant us a free, irrevocable license to use them without restriction or compensation.

16. Privacy; Data

Personal data processing is governed by our Privacy Policy. As between the Parties, User Content remains yours (subject to the licenses herein). Data (non-personal analytics/insights generated by the Service) is owned by SoundBirth; we grant you a right to access and use applicable analytics made available to you through the Service during the Term.

If you post in Discovery or on your Stage, you grant SoundBirth the right to repost such public posts within the Service.

You are responsible for maintaining the confidentiality of your credentials and for activity on your account/Stage. Notify us immediately of any unauthorized use or security breach.

17. Service Changes and Availability

We may modify or discontinue features or the Service (temporarily or permanently) without liability, except where prohibited by law. We will use reasonable efforts to keep the Service operational but maintenance or technical issues may cause interruptions.

18. Relationship with Stores and Partners

We work with third-party stores and partners (e.g., Apple, Google, YouTube, Meta, TikTok, Deezer, Spotify, Amazon, TIDAL, SoundCloud) (the “SoundBirth Partners”). While we facilitate delivery, we are not responsible for their independent acts or omissions. Disputes regarding a Partner’s independent service should be addressed with that Partner. This does not limit your rights against SoundBirth for our own breaches of the Agreements.

19. Term and Termination

These Terms apply from your first use of the Service and continue until terminated. You may terminate your account by following the process described in the Payment & Subscriptions Terms of Use. Note: you must wait a safe period of six (6) months after a release date before requesting takedowns, even if your subscription ends earlier.

We may suspend or terminate your access at any time for any reason, including suspected unauthorized use, fraud, or non-compliance. Provisions that by their nature should survive termination will survive (e.g., ownership, licenses granted for past uses, accounting time limits, disclaimers, limitations of liability, indemnities, governing law, and dispute resolution).

20. Additional Conduct Rules

Without limitation, you agree not to:

• disable, hack, or circumvent security features;
• probe or disrupt the Service or its providers’ systems;
• remove proprietary notices or use hidden metadata/trademarks;
• upload offensive, unlawful, or infringing content;
• send spam or unauthorized promotions;
• misrepresent your identity or affiliation;
• reverse engineer the Service;
• collect or store personal data of others without consent;
• use the Service in any manner not permitted by the Agreements.

21. Indemnification

To the fullest extent permitted by law, you will indemnify and hold harmless SoundBirth (and its affiliates, officers, employees, and agents) from and against all losses, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (1) your breach of the Agreements; (2) User Content you submit; (3) activity in or through your account; and (4) your violation of law or third-party rights.

22. Assignment

SoundBirth may assign the Agreements (in whole or part) and may delegate obligations. You may not assign or transfer the Agreements or sublicense your rights without our prior written consent.

23. Force Majeure

We are not liable for failures or delays caused by events beyond our reasonable control, including fire, flood, earthquake, war, terrorism, civil unrest, strikes, embargoes, failures of public or private telecommunications, third-party force majeure, or a pandemic. We will notify you when reasonably possible. If your Service is materially affected, you may cancel as provided by law.

24. Governing Law; Jurisdiction; Consumers

These Terms and the Service are governed by the laws of France. The courts of Marseille, France shall have exclusive jurisdiction over any dispute, except that if you are a consumer domiciled in the EU/UK, you may benefit from mandatory consumer protections of your local law and bring proceedings in your local courts. The EU Online Dispute Resolution platform is available at https://ec.europa.eu/consumers/odr.

25. Changes to These Terms

We may change these Terms from time to time. Material changes may be communicated via in-Service notices or email where appropriate. Your continued use of the Service after changes take effect constitutes acceptance. Please review notices carefully.

26. Severability; Waiver; Language

If any provision is found invalid or unenforceable, the remaining provisions remain in full force and will be enforced to the maximum extent permitted. Our failure to enforce any provision is not a waiver. These Terms may be provided in multiple languages; the English version controls in case of conflict.

27. Contact

Questions about the Service or the Agreements: hello (replace this with @) sound-birth.com

(or as otherwise indicated in the Service).

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