SoundBetter Terms and Conditions of Use
Platform Terms of Use
1. Introduction
Thank you for your interest in SoundBetter, a service provided by SoundBetter Inc. (“SoundBetter”, “we”, “us”, or “our”).
We’re really excited that you are interested in accessing and using the SoundBetter services, which connect service seekers and service providers in the music production industry. By signing up, accessing or otherwise using any of the SoundBetter services, including any associated features and functionalities, websites, user interfaces, and/or applications (collectively, the “Platform”), or by accessing or using any content or material that is made available through the Platform, you are agreeing to these Terms of Use (“Terms” or “Agreement”). Please read these Terms, our Privacy Policy and any other terms referenced in this document carefully.
For clarity, the “Platform” includes SoundBetter.com and any subdomains or related sites and interfaces we operate, including my.soundbetter.com and any storefront, checkout, delivery, messaging, analytics, or seller tools made available through such domains or interfaces.
This Agreement is between you and SoundBetter, and includes any additional terms and conditions posted by SoundBetter through the Platform, or otherwise made available to you by SoundBetter. You acknowledge that you have read and agree to this Agreement. If you do not agree with (or cannot comply with) this Agreement, you may not access or use the Platform.
THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT, AS FURTHER SET FORTH IN SECTION 17 BELOW, REQUIRES THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN SECTION 17.3, DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE ANY RIGHT (1) TO HAVE A DISPUTE RESOLVED BY A JUDGE OR JURY OR (2) TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION
You and any other individuals accessing or using the Platform are each referred to individually as a “User”. In order to use the Platform, you must (1) be of legal age to enter into this Agreement, and (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, rules or regulations. If you are an individual accessing or using the site on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to this agreement on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to this Agreement. References to “you” and “your” in this Agreement will refer to both the individual using the Platform and to any such Organization.
Any references to “SoundBetter” in these Terms will be deemed to include any SoundBetter affiliate, i.e., any entity that directly or indirectly controls, is controlled by, or is under common control with SoundBetter Inc.
1.1 Storefront Terms (Additional Definitions and Scope). The Platform may include a feature called “SoundBetter Storefront” that allows certain Users to create a storefront page hosted by us (a “Storefront”) to list and sell certain digital goods (“Digital Goods”) and certain services (“Storefront Services”) directly to purchasers (“Buyers”). A User operating a Storefront is a “Storefront Seller.” Purchases made through a Storefront are “Storefront Transactions.” Storefront Transactions are “Transactions” under this Agreement unless the context indicates otherwise. “Digital Goods” may include, without limitation, sample packs, tracks, beats, toplines, graphics, album art, presets, templates, plugins, videos, courses, and similar downloadable or digitally delivered files or content. “Storefront Services” may include, without limitation, lessons, mentorship, consulting, and real-time audio review services (e.g., sound checks).
2. Changes to the Agreement
Occasionally we may make changes to the Agreement by posting an updated version of the Agreement to the Platform. When such changes are material, we will provide you with additional notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Platform or by sending you an email. Your continued use of the Platform after any changes have been made to the Agreement will constitute your acceptance of the changes. The “Last Updated” legend above indicates when this Agreement was last changed.
For clarity, changes may include updates to Storefront pricing, subscription options, commissions, payout timing, seller requirements, product eligibility, and tax-related features (including use of third-party tax calculation services). Additional Platform policies, including the Storefront Acceptable Use Policy and Storefront Refund Minimum Standards, are incorporated into and form part of this Agreement. SoundBetter may update such policies from time to time, and updates to those policies may be effective independently of updates to these Terms.
3. Transactions, Payment Process and Our Role
We may make available the ability for you to connect with other Users for the purpose of providing, or being provided, various types of music-related services and products, including but not limited to composing, performing, recording, editing, mixing, producing, or designing visual content. Such services are provided by a User (in such capacity, “Creator”) to another User (in such capacity, “Recipient”) in exchange for consideration by entering into Project Transactions and Track Transactions (defined below and collectively referred to as “Transactions”) on the Platform.
In addition, the Platform may make available Storefront Transactions, as described in Section 3.3 below, which are also Transactions for purposes of this Agreement.
Due to the scale and self-service nature of the Platform, you expressly acknowledge and agree that (a) the Platform is merely a forum where Creators and Recipients can meet; (b) we are a not a party, to any Transactions between you and other Users and are not liable for any payments you make to, or receive from, a User; (c) you are not our employee or an employee of any other User for whom you provide services in connection with a Transaction; (d) we are not responsible, and will not have any liability or obligations, for any acts or omissions by you or any other Users related to Transactions; (e) we make no representation as to the reliability, capability, or qualifications of any Creators or the quality, security, or legality of any Transaction, and we disclaim any and all liability relating thereto; (f) we are in no way responsible for the accuracy, currency or completeness of any information provided by Creators and Recipient in connection with any Transaction; and (g) Creator and the Recipient are responsible for complying with all applicable legal rules related to a Transaction, including but not limited to, any applicable employment laws and intellectual property laws.
The foregoing applies equally to Storefront Transactions: SoundBetter does not review, approve, certify, test, or guarantee any Storefront Seller’s Digital Goods, Storefront Services, listings, claims, compatibility statements, or fulfillment.
3.1 Payment
All payment processing and fund transfer services in relation to Transactions are provided to Users by a third party payment service provider. You may need to agree to the payment service provider’s terms in order to enter into Transactions, which are presented to you and which shall form a separate legal agreement between you and the payment service provider (SoundBetter is not a party to your agreement with the payment service provider). Any obligations relating to the provision of payment processing and fund transfer services related to Transactions are owed to you by the payment service provider, not SoundBetter. You expressly acknowledge and agree that: (a) we are not an agent of payment service provider and neither provides nor offers payment services on behalf of a payment service provider; (b) we are not, nor should anything in this Agreement be construed to imply that we are acting in any way under a mandate conferred by a payments service provider; and (c) we are not an escrow service, money aggregator or money transmitter.
Notwithstanding the foregoing, certain Transaction types (including Storefront Transactions) may be facilitated using third-party payment tools that enable Users to connect payment accounts and receive payouts (e.g., via Stripe Connect). Users remain responsible for reviewing and complying with the payment service provider’s terms, and SoundBetter is not a party to those payment service provider terms.
3.2 Project Transactions
We may make available the ability for you to connect with other Users for the purpose of providing, or being provided, various types of music-related services and products on a project basis (each, a “Project”), such as composing, performing, recording, editing, mixing, producing, designing visual content. Such services are provided by a Creator to a Recipient in exchange for consideration to be determined and negotiated by the applicable Users (“Project Fee”). The Platform may enable Users to find other Users, negotiate transactions for Projects, and enter into agreements resulting from such negotiations (“Project Transactions”). The Creator and Recipient must enter into a written agreement, including agreements entered into electronically, that provides the terms and conditions of the Project Transaction (“Project Terms”), and that describes and sets out potential limitations on the Recipient’s right to use, reproduce, modify, adapt, publish, translate, distribute, perform (publicly or otherwise), and otherwise exploit the materials, information, sounds, recordings, and other content provided by the Creator in connection with the applicable Project (“Submission”).
AFTER A PROJECT HAS BEEN CREATED OR OPENED ON THE PLATFORM, YOU ARE STRICTLY PROHIBITED FROM NEGOTIATING AND EXECUTING A PROJECT TRANSACTION, INCLUDING MAKING OR REFUNDING ANY PAYMENTS, RELATED TO THAT PROJECT OUTSIDE OF THE PLATFORM. IN ADDITION, YOU MAY NOT ENTER INTO ANY AGREEMENT WITH ANY OTHER USERS WHOM YOU MET THROUGH THE PLATFORM UNLESS YOU DO SO THROUGH THE PLATFORM. THESE ACTIONS ARE VIOLATIONS OF THIS AGREEMENT AND YOUR RIGHTS TO CONTINUE USING THE PLATFORM WILL IMMEDIATELY TERMINATE UPON YOUR VIOLATION OF THIS PARAGRAPH. YOU WILL BE LIABLE FOR ANY LOSSES INCURRED TO SOUNDBETTER DUE TO SUCH VIOLATIONS.
Additionally, in connection with any violation of the prior paragraph, the applicable Recipient shall promptly pay to us the greater of (i) the fees we otherwise would have been entitled to under this Section 3 had Recipient and Creator not breached the prior paragraph; or (ii) one thousand U.S. dollars (US $500). You agree that the amounts identified herein are a reasonable estimate of anticipated loss to us and are fixed as liquidated damages, and not as a penalty, because of the difficulty of ascertaining the exact amount of damages that would be sustained by us in the event you breach this paragraph.
You acknowledge and agree that SoundBetter may charge Creator a fee (“Platform Fee”) in connection with each Project. The Platform Fee, and other applicable fees (such as a transaction fee), are presented to Creators when Creators prepare Project proposals for Recipients. All applicable fees are deducted by the payment service provider from the Project Fee that the payment service provider receives from Recipients on behalf of Creators upon completion of the Project Transaction (“Project Fee”).
Unless separately agreed to in writing by a User and SoundBetter, a Project is activated when Recipient has funded the Project Fee. When the Recipient has paid the Project Fee to the payment service provider, we will notify Creator that the Project has been funded and Creator can begin working on the Project. When the Creator has completed the Project, Creator will submit the Submission for Recipient's review and approval. After a Project Transaction has been completed to the Recipient's reasonable satisfaction, the Recipient will confirm that the Project Transaction is completed through the Platform, by using the “Mark project as completed” button. By marking the project as completed, the Recipient is confirming the project has been completed to their satisfaction, goods and services paid for have been fully received and there is no dispute for the transaction. Before marking the Project as completed, if Recipient determines that the Submission does not match the Project requirements and description, Recipient may, if agreed so in the Project Terms, request that Creator revises the Submission. Upon the Recipient’s confirmation that the Project Transaction is completed, the payment service provider will deduct the Platform Fee and any other applicable fees from the Project Fee and remit the remainder to the Creator.
When Creator accepts a Project posted by Recipient on the Platform, Creator is obliged to fulfill the Project in accordance with the Project Terms. In the event that the Creator is unable to fulfill the Project, a refund will be issued.
If a Project is not marked completed or requested to be revised by Recipient within 14 days after the Submission has been provided by the Creator, SoundBetter has the right to mark the Project as completed, whereby the Project Fee is released to the Creator.
3.3 Storefront Transactions (SoundBetter Storefront)
3.3.1 Storefront Subscription; Eligibility. To operate a Storefront, a Storefront Seller must maintain an active paid subscription ("Storefront Subscription"). The Storefront Subscription fee is currently ten U.S. dollars ($9.99) per month, but may change from time to time with at least thirty (30) days' advance notice to active subscribers. SoundBetter may offer discounts for annual subscriptions, promotional pricing, or other billing intervals. Subscription fees and pricing terms will be presented at signup and/or renewal. Unless otherwise required by applicable law, Storefront Subscription fees are non-refundable once charged, including in the event of early cancellation, except where required by applicable consumer law. Storefront Subscriptions automatically renew on a recurring basis (monthly or annually, depending on the subscription plan selected) until cancelled by the Storefront Seller. Storefront Sellers may cancel their Storefront Subscription at any time through their account settings or by contacting support at info@soundbetter.com. Cancellation will take effect at the end of the current billing period (monthly or annual, as applicable). Upon cancellation, the Storefront will be unpublished, no new transactions will be accepted, and the Seller will lose access to Storefront features, though the Seller will retain access to fulfill any pending orders and receive payouts for completed transactions. No refunds will be provided for partial billing periods, except as required by applicable law.
3.3.2 Merchant of Record; Seller Responsibility. Storefront Sellers are the sole merchants of record for all Storefront Transactions and are solely responsible for (a) the listing, marketing, sale, and fulfillment of Digital Goods and Storefront Services; (b) customer support; (c) refunds, returns (if any), and dispute handling; (d) legal compliance (including consumer protection laws, product safety laws, and regulations); (e) intellectual property rights and licensing; and (f) tax registration, calculation, collection, reporting, and remittance, including VAT, GST, sales tax, and similar taxes, except to the extent a third-party payment provider or SoundBetter is required by applicable law to collect and remit such taxes. SoundBetter is not a party to Storefront Transactions between Buyers and Storefront Sellers.
3.3.3 Stripe Connect; Payment Processing; Payouts. Storefront Transactions may be processed via Stripe Connect or another payment service provider. Storefront Sellers may be required to create and connect a payment account (including completing identity verification, providing bank details, and completing any onboarding steps required by the payment service provider) in order to receive payouts. Payment processor fees (including Stripe fees) are deducted automatically by the payment service provider. SoundBetter may retain a commission as described in Section 3.3.4. Payout timing, reserves, and payout eligibility may be subject to payment provider rules and risk controls.
3.3.4 Storefront Commission. SoundBetter may charge a commission on Storefront Transactions. The commission is currently ten percent (10%) of the Storefront Seller’s transaction amount (exclusive of payment processor fees and VAT or similar taxes, if collected), unless presented otherwise in the Storefront Seller’s onboarding flow or dashboard. For clarity, commissions may be applied at the time of payout calculation. We may change the commission rate or related fees with notice as described in Section 2.
3.3.5 Stripe Tax for Platforms; Taxes. SoundBetter may enable Stripe Tax for Platforms to calculate, collect, and in some cases remit certain indirect taxes (including VAT, GST, and sales tax) on behalf of Storefront Sellers at checkout. Where Stripe Tax collects and remits taxes directly to tax authorities, Storefront Sellers acknowledge that such collection and remittance is performed by Stripe (not SoundBetter) pursuant to the payment service provider's terms. Notwithstanding the foregoing, Storefront Sellers remain ultimately responsible for (a) determining their own tax obligations and registration requirements in all jurisdictions where they conduct business; (b) properly classifying their Digital Goods and Storefront Services for tax purposes; (c) providing accurate tax configuration information to Stripe Tax; (d) filing all required tax returns; (e) maintaining all tax records; and (f) any taxes, penalties, or interest that may be assessed by tax authorities. SoundBetter makes no representation or warranty as to the accuracy, completeness, or legal compliance of any tax calculations, collection, or remittance performed by Stripe Tax or any other third-party tool. Storefront Sellers should consult with qualified tax professionals regarding their specific tax obligations. Storefront Sellers shall indemnify, defend, and hold SoundBetter harmless from any and all losses, claims, penalties, interest, or expenses (including reasonable attorney fees) arising from or related to the Storefront Seller's tax obligations, incorrect tax classifications, failure to register for taxes, or any determination by tax authorities regarding the Storefront Seller's tax liabilities.
3.3.6 Refund Policies; Disputes; Chargebacks. Storefront Sellers set and control their own refund policies for Storefront Transactions and are solely responsible for issuing refunds to Buyers, handling customer disputes, and providing customer support. Storefront Sellers must clearly disclose their refund policies in their Storefront listings and at checkout, and must comply with applicable consumer protection laws, including any mandatory refund rights. Storefront Sellers must maintain minimum refund standards as specified in the Storefront Seller Agreement and SoundBetter's Storefront Policies. SoundBetter is not a party to refund disputes between Storefront Sellers and Buyers. However, SoundBetter may (but is not obligated to) remove listings, suspend accounts, request the payment service provider to place payout holds, or take other enforcement actions where we reasonably determine such action is necessary to comply with law, prevent fraud or abuse, or protect Platform integrity. Any chargebacks, payment disputes, refunds issued by payment processors, or related fees may be offset from amounts otherwise payable to the Storefront Seller, including from future payouts or by requesting payment from the Storefront Seller. Chargeback Liability: Storefront Sellers are solely responsible for all costs, fees, and liabilities associated with chargebacks and payment disputes, including chargeback fees assessed by payment service providers (which may range from $15-$25 or more per chargeback). If a chargeback or payment dispute results in funds being withdrawn from SoundBetter or the payment service provider, and those funds cannot be recovered from the Storefront Seller's pending payouts, the Storefront Seller agrees to reimburse SoundBetter within 10 business days of notice. The Storefront Seller authorizes SoundBetter to deduct such amounts from any future payouts. Failure to reimburse may result in account suspension, termination, and referral to collections or legal action. Storefront Sellers acknowledge that excessive chargebacks (as determined by SoundBetter or payment service providers) may result in additional payout holds, reserves, delays, increased fees, or account termination.
3.3.7 Digital Delivery; Hosting; Access. SoundBetter may host Digital Goods on the Platform and provides Buyers access through a dedicated area on my.soundbetter.com (including via email notifications linking to the download area). Buyers may download purchased Digital Goods up to ten (10) times within two (2) years of purchase, after which access may expire, unless longer access is required under applicable consumer protection law.. SoundBetter may, in its sole discretion, extend access periods or download limits on a case-by-case basis. Buyers are solely responsible for downloading and backing up their purchased files in a timely manner. Storefront Sellers are responsible for ensuring that uploaded files are accurate, complete, free of malware or other harmful code, and that product descriptions (including compatibility requirements, file formats, system requirements, and usage restrictions) are accurate and not misleading. SoundBetter is not responsible for file corruption, data loss, service interruptions, incompatibility with Buyer systems, or Buyer dissatisfaction with the quality, functionality, or characteristics of Digital Goods or Storefront Services. SoundBetter does not guarantee uninterrupted or error-free access to Digital Goods and is not liable for any loss of access due to technical issues, service maintenance, account termination, or other circumstances. BUYERS SHOULD DOWNLOAD AND BACKUP THEIR PURCHASED FILES PROMPTLY. SOUNDBETTER STRONGLY RECOMMENDS DOWNLOADING ALL PURCHASED DIGITAL GOODS IMMEDIATELY AFTER PURCHASE AND MAINTAINING LOCAL BACKUPS.
3.3.8 Buyer License to Digital Goods. Unless otherwise expressly stated by the Storefront Seller at the time of purchase, Storefront Transactions grant the Buyer a limited, non-exclusive, non-transferable license to use the purchased Digital Goods for the Buyer’s personal or professional use in creating audio and media productions. Buyers may not redistribute, resell, sublicense, publicly post, share, or pool Digital Goods, except to the extent the Storefront Seller’s stated terms permit. Storefront Sellers retain ownership of their Digital Goods unless otherwise stated in the seller’s product terms.
Any Seller-specific license terms must be clearly disclosed in accordance with Section 3.3.A. In the event of ambiguity or failure to clearly disclose material license restrictions, the default license described in this Section 3.3.8 shall apply.
3.3.A License Disclosure for Digital Goods
Storefront Sellers must clearly and accurately disclose the scope of Buyer usage rights and license restrictions applicable to each Digital Good offered for sale through Storefront.
At minimum, Sellers must disclose any material limitations or conditions regarding:
• Commercial use rights
• Redistribution or resale rights
• Attribution requirements
• Exclusivity or non-exclusivity
• AI training, machine learning, or dataset usage permissions (if applicable)
• Any additional restrictions that would reasonably affect a Buyer’s decision to purchase
SoundBetter may provide structured fields, toggles, templates, or prompts to assist Sellers in providing such disclosures. Sellers remain solely responsible for the accuracy and completeness of all license disclosures.
Failure to accurately disclose material license restrictions may constitute deceptive listing practices and may result in listing removal, Storefront suspension, payout holds, or account termination.
3.3.9 EU/UK Consumer Digital Content Notice (Withdrawal Rights). If a Buyer is a consumer located in the European Union or the United Kingdom, certain statutory rights may apply under EU and UK consumer protection law, including withdrawal rights for distance purchases. Under the EU Consumer Rights Directive and UK Consumer Rights Act, consumers generally have a 14-day withdrawal right for distance contracts. However, for digital content supplied electronically (such as Digital Goods that are downloaded or accessed online), withdrawal rights may be lost [a] once performance begins (i.e., when the Buyer downloads or accesses the Digital Goods) if: (a) the consumer has given express consent to immediate performance; and (b) the consumer has acknowledged that they will lose their right of withdrawal once performance begins. Storefront Sellers are responsible for ensuring their checkout flow, product listings, and business practices comply with all applicable EU/UK consumer protection laws, including: - Providing all required pre-contractual information and disclosures - Obtaining any required express consents and acknowledgments regarding withdrawal rights - Honoring any applicable withdrawal, cancellation, or return rights - Complying with price transparency and unfair terms regulations - Ensuring compatibility claims and product descriptions are accurate and not misleading SoundBetter may provide tools, templates, or features to assist Storefront Sellers with compliance, but Storefront Sellers remain solely responsible for their own legal compliance. Nothing in this Agreement limits or waives any mandatory consumer protection rights that Buyers may have under the laws of their jurisdiction. To the extent any provision of this Agreement conflicts with mandatory consumer protection law, such law shall control.
3.3.10 Storefront Anti-Circumvention. You will not attempt to use the Platform to set up a Storefront Transaction outside the Platform (including directing Buyers to pay or complete purchases off-platform) for goods or services that were discovered through the Platform. Any transactions resulting from introductions facilitated on the Platform shall be executed as Transactions on the Platform. Violations may result in suspension or termination and may subject you to liability for losses incurred by SoundBetter. Liquidated Damages: In connection with any violation of this Section 3.3.10, the applicable Storefront Seller shall promptly pay to SoundBetter the greater of (i) the subscription fees, commissions, and other fees that SoundBetter would have been entitled to receive had the transaction been conducted through the Platform; or (ii) five hundred U.S. dollars (US $500) per violation. You agree that these amounts are a reasonable estimate of anticipated loss to SoundBetter and are fixed as liquidated damages, not as a penalty, because of the difficulty of ascertaining the exact amount of damages that SoundBetter would sustain in the event you breach this Section 3.3.10.
3.3.11 Storefront Seller Data Use Restrictions. Storefront Sellers may receive certain Buyer information to fulfill Storefront Transactions (e.g., name, email, order details). Storefront Sellers may use Buyer information solely for order fulfillment, support, and compliance purposes and may not use such information for marketing or unrelated purposes unless the Buyer separately consents, and may not sell, rent, or disclose Buyer information to third parties except as required to fulfill the transaction or comply with law. Sellers must implement reasonable security safeguards when storing Buyer information.
3.3.12 Storefront Enforcement; Takedowns; Withholds. SoundBetter may (but is not obligated to) remove or disable access to any Storefront, listing, or Digital Goods at any time for any reason, including suspected violation of these Terms, infringement claims, fraud risk, malware risk, legal compliance, or Platform integrity. SoundBetter may request the payment service provider to place holds, reserves, or delays on payouts where we reasonably believe there is increased risk (including increased chargeback risk, fraud indicators, repeat infringement claims, or policy violations).
3.3.13 Seller Verification and DSA-Style Disclosures. To operate a Storefront and receive payouts, Storefront Sellers must provide and maintain current, accurate, and complete identity and business information, including: (a) Legal name (individual legal name or registered business entity name); (b) Valid contact email address and, if required by the payment service provider, phone number; (c) Country of residence or principal place of business; (d) Tax identification information (such as Employer Identification Number (EIN), Value Added Tax (VAT) number, Social Security Number (SSN), or other tax identifier) as required by SoundBetter, payment service providers, or applicable law; (e) Bank account details or payout method information required by the payment service provider; (f) Business address (if operating as a business entity); and (g) Any additional identity verification information or documentation requested by SoundBetter or required by payment service providers, which may include government-issued photo identification, proof of address, business registration documents, or beneficial ownership information. Storefront Sellers agree to promptly update all information if it changes and to respond to verification requests within the timeframes specified by SoundBetter or payment service providers. SoundBetter may suspend, restrict, or terminate Storefront functionality, pause payouts, or take other action if required information is missing, materially inaccurate, cannot be verified, or if the Storefront Seller fails to respond to verification requests. Verification requirements and processes may be modified from time to time based on transaction volume, payout amounts, risk indicators, payment service provider requirements, or legal and regulatory requirements. SoundBetter may withhold or offset payouts to cover reasonably anticipated liabilities, disputes, chargebacks, or legal obligations, to the extent permitted by applicable law.
3.3.14 Production Services Routing. Certain “Production Services” listings may link Buyers to the Seller’s SoundBetter.com profile and are intended to be handled through the Platform’s existing Project Transaction workflow and rules (including Section 3.2), rather than through Storefront checkout.
3.3.15 Additional Seller Terms (Clickwrap). Storefront Sellers may be required to accept additional seller-specific terms (a “Storefront Seller Agreement”) by clickwrap (for example, clicking “I Agree”) prior to publishing a Storefront or listing products. Such terms will be incorporated into this Agreement by reference and will apply to Storefront Sellers.
3.3.16 Storefront Services (Real-Time Services). For Storefront Services that involve real-time interaction between Storefront Seller and Buyer (including but not limited to lessons, mentorship sessions, consulting sessions, and audio review/sound check services), the following additional terms apply: (a) Scheduling and Coordination: Storefront Seller and Buyer must mutually coordinate scheduling of real-time sessions. Sellers are encouraged to clearly state their availability, scheduling procedures, time zone, and response times in their listings. Both parties should confirm session details (date, time, time zone, platform/method of delivery) in advance. (b) Delivery Method: Sellers must clearly specify the method of delivery (e.g., video call via Zoom, phone call, audio-only call, screen share, etc.) in their listing. Both parties are responsible for having the necessary technology, software, and internet connection to participate. (c) Cancellation and Rescheduling: Sellers should clearly state their cancellation and rescheduling policies in their listings, including any advance notice requirements and whether refunds or credits are offered for cancellations. Both parties should make reasonable efforts to provide advance notice if cancellation or rescheduling is necessary. (d) No-Shows: If a Buyer fails to appear for a scheduled session without providing advance notice per the Seller's cancellation policy, the Seller may treat the service as delivered and completed. If a Seller fails to appear for a scheduled session without advance notice or reasonable cause, the Buyer may be entitled to a refund in accordance with the Seller's stated refund policy and applicable law. (e) Recording and Privacy: Neither party may record, screenshot, or otherwise capture real-time sessions without the express prior written consent of the other party. Both parties agree to maintain confidentiality regarding any information, creative works, techniques, or personal information shared during sessions, except as necessary to fulfill the service or as required by law. (f) Content and Advice: Storefront Services are provided for informational, educational, and creative purposes. Sellers do not provide legal, financial, medical, or other licensed professional advice unless the Seller is appropriately licensed and clearly discloses their licensure. Buyers should not rely on Storefront Services as a substitute for professional advice from licensed professionals. (g) Quality and Subjective Nature: The parties acknowledge that creative services, educational instruction, and consulting services involve subjective assessments and opinions. Buyers are encouraged to communicate any concerns or dissatisfaction directly with Sellers during or promptly after sessions. SoundBetter is not responsible for mediating disputes regarding the subjective quality, style, opinions, or creative direction provided in Storefront Services. (h) Intellectual Property: Unless otherwise agreed between Seller and Buyer, any pre-existing materials, templates, or content provided by the Seller during real-time services remain the property of the Seller. Any work created by the Buyer during sessions (e.g., music created during a lesson) remains the property of the Buyer, subject to any third-party rights.
3.4 Track Transactions
The Platform may also provide Users (i.e., “Creators”) the ability to license and/or purchase pre-recorded beat, instrumental tracks or other sound recordings (“Tracks”) to other Users (i.e., “Recipients”). Such Tracks are made available for licensing or purchase subject to pre-determined licensing and/or purchase terms (the “Track Terms”) selected by the Creator of the applicable Track. If you are purchasing or licensing a Track, you must review the applicable Track Terms prior to purchasing or licensing the Track (each a “Track Transaction”), including the fees you will be charged by the Creator (“Track Fee). The Creator and the Recipient who purchases the Track will be bound to any Track Terms agreed to when entering into a Track Transaction.
You acknowledge and agree that in connection with a Track Transaction, SoundBetter may charge a Platform Fee. Creators are notified by SoundBetter of the applicable Platform Fees and any other applicable fees (such as a transaction fee) when they request that their Tracks be listed on the Platform. All applicable fees for a Track Transaction are deducted by the payment service provider from the Track Fee that the payment service provider receives from the applicable Recipient, on behalf of the Creator, upon completion of such Track Transaction. Following such deduction, the remaining amount of the Track Fee is remitted by the payment service provider to the applicable Creator.
Some Creators offer their Tracks solely through SoundBetter. SoundBetter may endeavor to promote such Tracks on the Platform by giving them higher visibility in search results over Tracks offered through multiple services.
3.5 General Transaction Conditions
If a Recipient fails to fund the amounts owed following an agreement for a Transaction with a Creator, whether by cancelling the Recipient’s credit card, initiating an improper chargeback, or any other means, Recipient’s SoundBetter account will be suspended, no additional payments will be processed, any work-in-progress will be stopped and any Track license is void. In its discretion, SoundBetter may make appropriate reports to credit reporting agencies and law enforcement authorities, and cooperate with them in any resulting investigation or prosecution. The Recipient may be reinstated at SoundBetters discretion upon repayment of funds owed.
SoundBetter, in its sole discretion, may request the payment service provider to place a hold on any or all of the payments you receive or would otherwise receive when we believe there may be a high level of risk associated with you, your Sign-In Name (as defined below), or any or all of your Transactions. If you are involved in a dispute with another User, in certain circumstances we may request to place a temporary hold on the funds in your account to cover the amount of any potential liability. If the dispute is resolved in your favor, SoundBetter will request to lift the temporary hold following receipt of evidence of such favorable resolution. If the dispute is not resolved in your favour, SoundBetter may request to withdraw funds from your account to cover the outstanding liabilities.
In the event of any dispute relating to the Project, the Creator and the Recipient shall attempt to resolve it between them in the first instance. If further assistance is required to reach a resolution, please reach out to SoundBetter. In no case will refunds be issued by SoundBetter when the Recipient has marked a job as completed.
You understand that if SoundBetter determines that you have breached these terms, the Project Terms or any of our policies, we reserve the right to remediate the Project concerned at our discretion.
In the event of any dispute relating to a Storefront Transaction, the Storefront Seller and Buyer shall attempt to resolve it between them in the first instance. SoundBetter is not obligated to resolve Storefront disputes, but may (at its discretion) provide limited assistance or enforce Platform policies, including takedowns and payout holds as described in Section 3.3. If a chargeback, payment dispute, or other payment reversal results in funds being withdrawn that cannot be recovered from the Storefront Seller's pending payouts or account balance, the Storefront Seller agrees to promptly reimburse SoundBetter for any amounts owed, including the transaction amount, commissions, and any chargeback fees or penalties. SoundBetter may offset such amounts from future payouts, request direct payment from the Storefront Seller, or pursue other collection remedies. The Storefront Seller's failure to reimburse amounts owed within 10 business days of notice may result in account suspension, termination, reporting to credit agencies, and/or legal action to recover amounts owed plus reasonable attorney fees and costs.
3.6 Taxes
All fees, commissions or other amounts payable to SoundBetter are exclusive of VAT, GST, HST, sales taxes or other similar taxes, duties, charges or assessments ("Indirect taxes"). Indirect taxes will be added on top of agreed amounts as per local legislation.
Creator acknowledges and agrees that Creator is solely responsible for all Indirect tax liability associated with supplies, sales or services it makes to, and/or payments received from Recipient, and that SoundBetter will not withhold any taxes on payments from Recipient to Creator unless required to under applicable law. Creator is solely responsible for collection and payment of all Indirect taxes it is legally obligated to pay arising as a result of this Agreement or otherwise.
Where SoundBetter is required by law to collect and remit applicable Indirect taxes on Creator behalf, SoundBetter shall be responsible for Indirect tax collection and remittance solely on the Transactions arising between Creator (which is the seller) and Recipient (which is the buyer) through the Platform to the extent that such Transactions are taxable. Creator shall indemnify, defend, and hold SoundBetter harmless for any and all losses suffered by SoundBetter resulting from incorrect representation of goods and/or services provided to Recipients through the Platform. Should governmental authorities determine that Creator is otherwise responsible for the collection and remittance or reporting of Indirect taxes related to the sale of goods and/or services on the Platform, Creator shall solely be responsible for payment of such Indirect taxes (and all related penalties and interest) and/or reporting of such taxes (as applicable).
Recipients and Creators are responsible for paying any income or withholding taxes which may apply to them depending on residency or location. Both Creators and Recipients represent and warrant that they comply, and will comply at all times with their obligations under income tax provisions in their jurisdiction. This will include providing and collecting all tax forms and certifications necessary so that all applicable withholding taxes are reported and withheld depending on Recipients and Creators tax residence. Recipients and Creators shall indemnify and hold harmless SoundBetter for any taxes, interest, and/or penalties imposed on SoundBetter, and for any other damages incurred by SoundBetter, including legal fees and expenses, as a result of the Recipients and Creators not complying with their income tax and withholding and reporting obligations. The agreed upon price between Recipients and Creators are inclusive of all withholding and/or income taxes and charges that may apply to Recipients and Creators, and it is their responsibility to collect and/or remit. Notwithstanding the foregoing, if it is determined by a governmental authority that SoundBetter is obligated to withhold and remit withholding taxes from payments made under these terms and conditions, Recipients and Creators agree that SoundBetter is authorized to withhold those taxes from any payment made to Recipients and Creators, whether or not those payments relate to the transactions covered by these terms and conditions, including that SoundBetter is authorized to withhold from future payments amounts the government authority has determined are due from prior payments. Recipients and Creators agree that they will cooperate with SoundBetter in defending against any such SoundBetter withholding tax obligation that may be determined to exist by a governmental authority, including by providing certifications that the income taxes were paid by the recipient of the income, and will assist SoundBetter in collecting withholding taxes from any payments made to any party to the transaction. For tax advice about your SoundBetter earnings, we recommend consulting a tax professional and reviewing tax regulations.
For Storefront Transactions: Storefront Sellers (as merchants of record) are solely responsible for all indirect tax obligations associated with their sales to Buyers, subject to Section 3.3.5 regarding the use of Stripe Tax for Platforms. The subscription fees and commissions payable to SoundBetter under Section 3.3 are exclusive of any applicable VAT, GST, sales taxes, or similar indirect taxes, which (if applicable to SoundBetter's services) will be added to such fees in accordance with local legislation.
3.7 Insurance
Users are responsible for obtaining sufficient liability insurance policy to cover all risks associated with their Transactions.
4. Registration to the Platform
Although registration is not required to access and use the Platform, there are certain benefits that flow from being a registered User. For example, you must be a registered User in order to be a party to any Transaction.
If you elect to register with us, you may log in to the Platform using a third-party login provider (e.g. Facebook), when such alternative is made available by SoundBetter. If you do not wish to log in using these third-party access credentials, you will be prompted to create an account, which includes a sign-in name (“Sign-In Name”), a password (“Password”), and perhaps certain additional information that will assist us in authenticating your identity when you log in in the future (“Unique Identifiers”). SoundBetter may also collect Unique Identifiers in order for SoundBetter to better communicate with you.
Storefront Sellers may be required to provide additional information for Storefront eligibility, verification, tax configuration, payout setup, and legal compliance (including identity verification required by payment service providers and/or to meet Platform integrity requirements).
You acknowledge that any registration information that you submit to SoundBetter is true, accurate, current and complete, and you agree to keep it that way at all times.
Authenticity; No Impersonation. You may not create an account, provide services, or sell products through the Platform while falsely representing your identity or affiliation, including by impersonating another person or entity. You represent that you are the individual identified on your account (or, if acting for an Organization, that you are an authorized representative using your real identity), and that the identity and verification information you provide in connection with payouts, onboarding, or Platform features is accurate and not misleading.
Each Sign-In Name and corresponding Password can be used by only one User. You are solely responsible for the confidentiality and use of your Sign-In Name, Password, and Unique Identifiers, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate a Password or Sign-In Name or change any Unique Identifier as well as of any actual or suspected breach of your account security. We will not be liable for any loss or damage caused by any unauthorized use of your account.
5. Community Guidelines
SoundBetter respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Platform, to make sure SoundBetter stays enjoyable for everyone. You must follow these rules and should encourage other users to do the same. You agree to comply with these user guidelines (the “Community Guidelines”) and that:
(a) You will not upload, post, e-mail, transmit, or otherwise make available on the Platform (including when engaging with other users) any Submission or User Content (as defined below) that:
infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity);
discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information; or
is intended to or does harass or bully other users.
For Storefronts and Digital Goods, you also agree not to upload, list, sell, or distribute: (i) files containing viruses, malware, spyware, trojans, ransomware, or other harmful, malicious, or destructive code; (ii) pirated, cracked, or unlawfully copied sample libraries, presets, templates, software, plugins, or other content; (iii) content that infringes third-party intellectual property rights, including unauthorized samples, loops, or presets extracted from commercial products; or (iv) content that is deceptive, materially misrepresented, or materially inconsistent with the listing description (including false compatibility claims, feature misrepresentations, or misleading previews).
(b) You will comply with all applicable laws in your use of the Platform and will not use the Platform for any unlawful purpose;
(c) You will not access or use the Platform to collect any market research for a competing business or use the Platform to develop a competing product or service;
(d) You will not attempt to use the Platform or any of the resources provided therein to set up a Transaction outside the Platform, and any transactions resulting from introductions facilitated on the Platform shall be executed as Transactions on the Platform;
This includes directing Storefront Buyers off-platform to avoid Platform commissions or fees.
(e) You will not provide false or misleading information as part of your profile or otherwise on the Platform;
This includes false identity, tax, or business information required for Storefront verification or Stripe Connect onboarding.
(f) You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity. You will not misrepresent who you are, present yourself as another creator, producer, artist, or brand, or otherwise mislead Users about your identity, credentials, or authorship. If your profile, portfolio, listings, messages, previews, submissions, or other content made available through the Platform includes content that is
materially generated by or materially modified using artificial intelligence tools (for example, AI-generated vocals, AI-generated instrumentals, AI-generated images/artwork, or AI-heavy editing/compositing), you must clearly and conspicuously disclose
that fact in the relevant context (e.g., the listing description, portfolio caption, or project communications). You may not present materially AI-generated or AI-modified content as exclusively human-created where doing so would be misleading. “Materially” means the AI contribution would likely affect a reasonable Buyer’s or Recipient’s understanding of authorship, performance, or creative origin of the work (including where AI generates substantial elements such as vocals, melodies, instrumentals, lyrics, or primary visual artwork);
(g) You will not interfere with or attempt to interrupt the proper operation of the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content (as defined below), data, files, or passwords related to the Platform through hacking, password or data mining, or any other means;
(h) You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Platform, except where such restriction is expressly allowed by applicable law;
(i) You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Platform;
(j) You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the Content protections in the Platform, nor obscure or remove any proprietary rights notices;
(k) You will not use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission;
(l) You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
(m) You will behave and communicate in a professional and respectful manner with other Users. Aggressive or inappropriate language and/or behaviour will not be tolerated; and
(n) You will not post your or someone else’s personal contact information on the Platform (other than where specifically requested by us). Such personal contact information includes, without limitation, your email address, phone number, social-media profile links, other web-addresses or identifiers.
If you find items posted to the Platform that you believe may violate, or if you believe another User may be violating any of these Community Guidelines, please let us know by sending an email to us at info@soundbetter.com.
6. Using our service
6.1 Rights you grant to us
In consideration for the rights granted to you under the Agreement, unless otherwise agreed and to the extent allowed under applicable law, you grant us the right (1) to provide advertising and other information to you, and (2) to allow our business partners to do the same.
6.2 Intellectual Property
The Platform contains material, such as videos, photographs, software, text, graphics, images, sound recordings, and other material provided by or on behalf of SoundBetter, including User Content, (collectively referred to as the “Content ”). The Content may be owned by us or third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.
You may view Content for your own personal, non-commercial use. No other use is permitted without the prior written consent of SoundBetter. Except as expressly provided for User Content and Project Content, SoundBetter and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, modify, reproduce, display or perform (publicly or otherwise), make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other website, social media page, or in a networked computer environment for any purpose is expressly prohibited.
If you violate any part of this Agreement, your permission to access the Content and the Platform automatically terminates and you must immediately cease accessing the Content and the Platform and destroy any copies that you have made of the Content.
For clarity, Digital Goods and Storefront listings are “User Content” and/or “Content” as applicable, and SoundBetter’s rights and enforcement tools in Sections 5, 7.1, and 13 apply to Storefronts, listings, and Digital Goods.
All SoundBetter trademarks, service marks, trade names, logos, domain names, and any other features of the “SoundBetter” brand (“SoundBetter Brand Features”) are the sole property of SoundBetter or its licensors. The Agreement does not grant to you any rights to use any SoundBetter Brand Features, whether for commercial or non-commercial use; any such right to use requires our express written permission. Without limiting the foregoing, all goodwill generated from the use of SoundBetter Brand Features inures to our benefit.
Elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
7. User Content and Project Content
Our Platform allows users to post Content as well as to share Content relating to a Project with each other. You understand the difference between User Content (content that you publish on the Platform) and Project Content (content related to a Project), as described in detail in sections 7.1 and 7.2 below.
YOU ARE ENTIRELY RESPONSIBLE FOR ALL YOUR USER CONTENT AND PROJECT CONTENT THAT YOU UPLOAD, SUBMIT, E-MAIL, OR OTHERWISE TRANSMIT (“POST”) VIA THE PLATFORM OR OUR SOCIAL MEDIA PAGES. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST SOUNDBETTER RELATED TO USER CONTENT OR PROJECT CONTENT THAT YOU POST, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD SOUNDBETTER (INCLUDING ANY AFFILIATE OF SOUNDBETTER) HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
This includes claims arising from Storefront listings, Digital Goods, Storefront Services, refund disputes, consumer law compliance, and tax compliance.
7.1 User Content
Users may publish content to the Platform (for example when creating a profile or posting a Project description) such as pictures, text, information, descriptions and compilations, audio (including Tracks) and/or other types of content (“User Content”). You expressly acknowledge and agree that once you post your User Content, it may be accessible to others.
Storefront listings, product descriptions, screenshots, sample previews, promotional media, and Digital Goods uploaded for delivery are User Content.
You retain all copyrights and other intellectual property rights in and to your own User Content. You do, however, hereby grant to us and our designees a non-exclusive, worldwide, royalty-free, freely sublicensable (through multiple tiers), irrevocable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, display and perform (public or otherwise), and otherwise use (including for profit) such User Content, and all intellectual property and moral rights therein, throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised, on or in connection with the Platform and in order to advertise and promote the Platform, SoundBetter, and our products and services.
Without limiting the foregoing, you grant SoundBetter and its service providers the right to host, store, reproduce, transmit, and deliver Digital Goods to Buyers as required to operate Storefronts, complete Storefront Transactions, and provide Buyers access to their purchases.
You also grant to us and our designees the non-exclusive right, but not the obligation, to use, and to authorize others to use, your name, likeness, image, persona, voice, and photograph (“Likeness”) in connection with any use or exploitation of any related User Content permitted under the license granted in the prior sentence and/or to advertise and promote the Platform, SoundBetter, and our products and services. Without limiting the foregoing, you acknowledge and agree that use of your User Content and/or Likeness permitted by the foregoing rights and licenses may include the display of such User Content, name, likeness, image, persona, voice, and photograph adjacent to advertising and other material or content, including for profit.
If you submit or otherwise post User Content to the Platform, each such post constitutes a representation and warranty to SoundBetter that such User Content is your original creation (or that you otherwise have the right to provide the User Content), and that any required disclosures regarding AI-generated or AI-modified content have been made in a clear and conspicuous manner, and that you have the rights necessary to grant the license to the User Content under the prior paragraph, and that it and its use as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.
For Storefront Sellers, this includes a representation and warranty that you have the right to sell and distribute the Digital Goods and Storefront Services you list, that you have included all required licenses/permissions for any third-party elements included in your products (including samples, images, fonts, software libraries, and SDKs), and that your products do not contain malware or harmful code.
We may, but have no obligation to, monitor, scan, intercept, review, analyze, alter, edit or remove information or User Content (including any messages, information, or other content or materials sent to you, or received by you, in connection with the Platform or its features or functionalities), at any time, including while it is in transit, and before and after it is stored or made available through the Platform, and to monitor, review or analyze your access to or use of the Platform, in each case by manual, automated or other means, and in each case for any purpose. In all cases, we reserve the right to remove or disable access to any User Content for any or no reason, including User Content that, in our sole discretion, violates the Agreement.
7.2 Project Content
All creative materials provided by the Recipient to the Creator in furtherance of a Project, as well as any Submission that Creator creates and/or performs in connection with a Project Transaction, is defined as "Project Content". You retain all copyrights and other intellectual property rights in and to your own Project Content, unless otherwise agreed in the Project Terms.
Except as required or permitted under applicable law or to the extent needed to provide the services or assist users under this Agreement, SoundBetter will not make any use of Project Content, whether such materials are for a finalized Submission, or works-in-progress leading up to a finalized Submission.
Unless otherwise agreed in the applicable Project Terms, a Recipient shall not utilize the name, likeness or other identifying information of the Creator (including, but not limited to, stating that a completed work incorporates a Creator’s work or “features” the particular Creator) and a Creator shall not utilize the name, likeness or other identifying information of the Recipient.
7.3 Feedback
With respect to all ideas, comments, proposals, suggestions, or other feedback that you send to us (“Feedback”), you acknowledge and agree that we shall be free to use such Feedback, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you, and that all such Feedback shall not be confidential.
8. Warranty disclaimer
YOU UNDERSTAND AND AGREE THAT THE PLATFORM AND THE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND, INCLUDING THAT THE PLATFORM OR CONTENT WILL OPERATE ERROR-FREE OR THAT THE PLATFORM, ITS SERVERS, OR THE CONTENT ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, TITLE, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM SOUNDBETTER SHALL CREATE ANY WARRANTY ON BEHALF OF SOUNDBETTER. THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
For clarity, SoundBetter makes no warranty or representation regarding any Storefront Seller’s Digital Goods or Storefront Services, including any warranties of compatibility (including compatibility with DAWs, operating systems, hardware, or software), legality, safety, quality, or fitness for a particular purpose.
To the extent you are deemed to be a consumer under applicable law, this section does not affect your statutory rights as a consumer.
9. Limitation of liability
YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE PLATFORM (INCLUDING ITS FEATURES, FUNCTIONS AND CONTENT) IS TO STOP USING THE PLATFORM. YOU AGREE THAT SOUNDBETTER HAS NO OBLIGATION OR LIABILITY ARISING FROM OR RELATED TO THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE PLATFORM, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, YOUR SOLE AND EXCLUSIVE REMEDY, WITH RESPECT TO SOUNDBETTER, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
IN NO EVENT WILL SOUNDBETTER OR ITS EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OF OR INABILITY TO ACCESS AND USE THE PLATFORM OR THE CONTENT, DEVICES, THIRD PARTY APPLICATIONS, OR THIRD-PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER SOUNDBETTER HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE PLATFORM OR THE CONTENT SHALL BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) THE AMOUNTS YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE PLATFORM DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO A CLAIM.
SOUNDBETTER ASSUMES NO LIABILITY FOR ANY ACTS OR OMISSIONS OF CREATOR.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
For clarity, SoundBetter assumes no liability for any acts or omissions of Storefront Sellers, including any Storefront Seller’s products, services, refund practices, tax compliance, consumer law compliance, or any claims by Buyers related to Storefront Transactions.
10. Third Party Materials
The Platform may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of such External Sites or any information or other content made available thereon. The content of such External Sites is developed and provided by third parties and not by SoundBetter. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
We are not responsible for, and make no representations regarding: (i) the advertisements or any other third-party material posted on the Platform or any of our social media pages; or (ii) the products or services provided by advertisers. Any dealings or interactions you have with advertisers, advertisements, other third parties, or other third-party materials while using the Platform are between you and the advertiser or other third party, and you agree that SoundBetter is not liable for any loss or claim that you may have against such parties.
11. Representations and warranties
You hereby represent, warrant, and covenant that:
(a) You own or have the necessary licenses, rights, consents, and permissions to all trademark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User Content and Project Content, and any other works that you incorporate into your User Content and Project Content, and all the rights necessary to grant the licenses and permissions you grant hereunder;
(b) Use of your User Content or Project Content in the manner contemplated under this Agreement shall not infringe, violate or misappropriate the intellectual property, privacy, publicity, contractual, or other rights of any third party;
(c) You shall not post to the Platform or any of our social media pages any User Content or Project Content that violates our Community Guidelines set forth above or any other term of this Agreement; and
(d) You shall abide by the terms and conditions of any Transaction you enter into, including any Track Terms.
(e) For Storefronts and Digital Goods, you also agree not to upload, list, sell, or distribute: (i) files containing viruses, malware, spyware, trojans, ransomware, or other harmful, malicious, or destructive code; (ii) pirated, cracked, or unlawfully copied sample libraries, presets, templates, software, plugins, or other content; (iii) content that infringes third-party intellectual property rights, including unauthorized samples, loops, or presets extracted from commercial products; or (iv) content that is deceptive, materially misrepresented, or materially inconsistent with the listing description (including false compatibility claims, feature misrepresentations, or misleading previews).
(f) If you are a Storefront Seller, you further represent and warrant that you will: (i) comply with all applicable consumer protection laws and disclosure obligations in jurisdictions where you sell; (ii) clearly disclose refund policies, usage rights/licenses, and any material compatibility requirements; (iii) comply with applicable tax and VAT obligations; and (iv) provide accurate identity and business information as required for Storefront eligibility and payment provider onboarding.
(g) You will not misrepresent your identity or impersonate another person or entity, and the information you provide to SoundBetter and other Users about who you are and who is providing the goods/services is accurate and not misleading.
(h) Where your goods, services, or content involve material AI generation or AI modification, you will provide the disclosures required by Section 5 and will not engage in deceptive practices regarding the origin, authorship, or creation of your work.
12. Indemnification
You agree to defend, indemnify, and hold us and our affiliates, and our and their officers, directors, employees, agents, successors, licensees, licensors, and assigns, harmless from and against all claims, actions, demands, damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of or related to: (1) your breach or alleged breach of this Agreement; (2) any Transaction you enter into or any User Content or Project Content you post; (3) any activity in which you engage on or through the Platform; (4) your violation of any law or the rights of a third party; and (5) any dispute, action or claim between you and another User of the Platform.
Without limiting the foregoing, if you are a Storefront Seller, you will indemnify and hold SoundBetter harmless from claims arising from or related to your Digital Goods, Storefront Services, Storefront listings, consumer disputes, chargebacks, refunds, tax/VAT obligations, and any alleged infringement or malware/harmful content.
We reserve the right to assume the exclusive defense and control (at your expense) of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses. You agree not to involve SoundBetter in any dispute you may have with another User.
13. Term and Termination of the Agreement
The Agreement will continue to apply to you until terminated by either you or SoundBetter. We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to and use of all or any part of the Platform, at any time and for any reason without prior notice or liability. For Storefront Sellers: SoundBetter may immediately suspend or terminate a Storefront Seller's account, Storefront, and access to the Platform for violations including but not limited to: (a) uploading files containing malware, viruses, or other harmful code; (b) persistent or severe Buyer complaints; (c) excessive chargeback rates (as determined by SoundBetter or payment service providers); (d) sale of counterfeit, pirated, infringing, or stolen products; (e) fraudulent activity or misrepresentation; (f) failure to fulfill orders or provide services as described; (g) violations of Section 3.3.10 (anti-circumvention); (h) failure to maintain required verification information; (i) material breach of Storefront terms, Storefront Seller Agreement, or Community Guidelines; or (j) conduct that poses legal, financial, or reputational risk to SoundBetter or other Users. In the event of termination for violation, SoundBetter may, in its sole discretion and to the fullest extent permitted by law, withhold any pending payouts to offset amounts owed to SoundBetter, cover pending disputes or chargebacks, or address other liabilities.
All provisions of this Agreement which by their nature should survive termination will survive the termination of this Agreement, including, without limitation Section 3 (second paragraph), 3.1 (second paragraph), 4 (third paragraph), 6, 7, 8, 9, 10, 11, 12, 13, 15 17 and 18.
For clarity, Sections 3.3 (Storefront Transactions) and any Storefront Seller Agreement accepted by you (if applicable) will survive termination to the extent necessary to enforce rights and obligations relating to Storefront Transactions (including commissions, tax obligations, dispute handling, indemnities, and enforcement rights).
14. Premium Providers and the Job Board
Creators may also request an opportunity to become “Premium Providers”. We will require each such Creator to complete an application and participate in our review process, in order to determine whether, in our sole discretion, such Creator is eligible to become a Premium Provider.
For so long as a Creator is a Premium Provider, such Creator shall be charged our then-current recurring fee in order to maintain such Creator’s status as a Premium Provider (the “Recurring Premium Provider Fee”). Additionally, Premium Providers are granted the then-current amount of “Proposal Credits” every month, which may be spent to send Project proposals to prospective Recipients on the SoundBetter Job Board as described below. Additionally, when potential Recipients search for potential Creators, Premium Providers may be elevated higher than other Creators on the list of search results.
In addition to Recipients and Creators using the Platform to make and accept private Project proposals, prospective Recipients may post Project requests to the SoundBetter Job Board without SoundBetter charging anything for such post. Only Premium Providers may respond to such Project requests posted to the SoundBetter Job Board in exchange for one Proposal Credit.
Unused Proposal Credits shall roll-over to subsequent months, for so long as a Creator is a Premium Provider and expires as expressly set out by SoundBetter. In case your Premium Provider status is terminated either by you or SoundBetter, any unused Proposal Credits will expire. Premium Providers may elect to purchase additional Proposal Credits through the Website at any time. Proposal Credits are non-transferable and non-refundable. If you are currently a Premium Provider, you shall be notified of any increases to SoundBetter's Recurring Premium Provider Fees.
It is important to note that, on the day that your status as a Premium Provider is activated, you will be automatically charged SoundBetter's then-current Recurring Premium Provider Fee. Thereafter, your status will automatically renew and you will be charged on recurring basis until you request to cease being a Premium Provider as provided below, or have your status revoked by SoundBetter. SoundBetter has the right to increase the price of the Recurring Premium Provider Fee from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes.
You may cancel your Premium Provider status at any time by notifying us in writing. The cancellation will take effect the day after the last day of the current subscription period, after which you will no longer be deemed a Premium Provider. If your Premium Provider status is terminated, except for in cases when the termination is due to your violation of the Agreement, SoundBetter shall provide a pro-rata refund of the Recurring Premium Provider Fee for the then-current period, but shall not provide a refund for any Proposal Credits.
SoundBetter reserves the right, in SoundBetter's reasonable discretion, to revoke a User’s status as a Premium Provider at any time, without notice and with immediate effect, for violation of this Agreement. If such status is revoked with immediate effect, SoundBetter will not refund any amounts that you have already paid for the remaining then-current subscription period, to the fullest extent permitted under applicable law.
15. Transactions Agreements
We make no representations regarding these form agreements or the use thereof, and, to the maximum extent allowed by law, disclaim all responsibility or liability arising from such form agreements and the use thereof. You acknowledge and agree that, in making any form agreement available to you, as well as in relation to the Track Terms, we are not providing legal advice, and you agree to consult with an attorney before entering into any Transaction, whether or not you choose to use a form agreement made available by SoundBetter. You further acknowledge and agree that every Transaction is unique, and any form agreement will need to be customized, with input from your attorney, to address the unique aspects of any Transaction for which it is being used.
This applies equally to Storefront Sellers’ license terms, end user license agreements, refund policies, and any “terms of sale” displayed in a Storefront. SoundBetter does not provide legal advice to Storefront Sellers regarding such terms.
In addition, you acknowledge and agree:
(a) We make no attempt to confirm, and do not confirm, any User’s purported identity. You are solely responsible for determining the identity and suitability of other Users whom you may contact and work with via the Platform.
Notwithstanding the foregoing, SoundBetter may require identity or business verification for Storefront Sellers as described in Section 3.3.13 and/or as required by payment service providers or applicable law.
(b) We make no representations, offer no assurances, and do not investigate the backgrounds, morality, character, skills, or capabilities of any User (including any Creator, Recipient or Premium Provider), and you hereby acknowledge that you assume the risk of any encounter or interaction with such persons. We encourage all Users to determine the suitability of, as applicable, Creators and Recipients for Projects by communicating directly with other Users through the tools available on the Platform; reviewing their profile pages for feedback from other Users; and conducting any other diligence appropriate under the circumstances.
(c) Although we reserve the right to do so, we have no obligation to, and typically do not, verify information, materials and other User Content that Users post to the Platform.
This includes Storefront listings and Digital Goods.
(d) We do not endorse any Users or any Tracks.
We do not endorse any Storefront Seller or any Storefront listing, Digital Goods, or Storefront Services.
16. Copyright Infringement
SoundBetter respects the rights of intellectual property owners. If you believe that any Content infringes your copyright rights, see SoundBetter’s FAQ on Copyright infringement .
16.1 DMCA Notice-and-Takedown (U.S.). If you believe content on the Platform infringes your copyright (including Storefront listings, previews, Digital Goods, or other User Content), you may submit a copyright infringement notice to:
dmca@soundbetter.com
Mailing address: SoundBetter Inc. 1901 Avenue of the Stars Suite 200 Los Angeles, CA 90067. Your notice must include: (a) identification of the copyrighted work claimed to be infringed; (b) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate the material; (c) your contact information; (d) a statement that you have a good faith belief the use is not authorized; and (e) a statement, under penalty of perjury, that your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf. We may remove or disable access to allegedly infringing content and may terminate repeat infringers in appropriate circumstances. If you believe content was removed in error, you may submit a counter-notice consistent with applicable law.
17. Choice of law, mandatory arbitration, and venue
17.1 Governing Law and Jurisdiction
This Agreement (and any disputes or claims relating to or arising in connection with the Platform) will be governed by and construed in accordance with the laws of the State of New York, United States of America, without regard to its choice or conflict of law principles. Further, you and SoundBetter agree that any dispute, claim or controversy that relates to or arises in connection with this Agreement (including any disputes or claims relating to or arising in connection with the Platform) that is not subject to mandatory arbitration under section 17.2 below shall be brought solely in the state or federal courts located in the Borough of Manhattan, New York. You hereby consent to the exclusive jurisdiction and venue of such courts, and waive any defense of forum inconveniens in connection therewith.
Nothing in this Agreement is intended to limit any non-waivable consumer protection rights you may have under applicable law in your country of residence.
The dispute resolution and arbitration provisions set forth in Sections 17.2 - 17.7 apply only to Users in the United States. Disputes involving Users located outside the United States shall be resolved in the courts specified in Section 17.1 unless otherwise required by applicable consumer protection law.
17.2 Dispute resolution and arbitration
You and SoundBetter each agree that any dispute, claim, or controversy between you and SoundBetter arising in connection with or relating in any way to this Agreement or to your relationship with SoundBetter as a user of the service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of these Terms) will be determined by mandatory binding individual (not class) arbitration. You and SoundBetter further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this Section 17 or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of this Agreement.
17.3 Exceptions
Notwithstanding the provision above (17.2), you and SoundBetter both agree that nothing in this Section 17 will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a U.S. small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this Section 17 doesn’t stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
17.4 No Class Or Representative Proceedings: Class Action Waiver
YOU AND SOUNDBETTER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and SoundBetter agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
17.5 Arbitration rules
Either you or we may commence arbitration proceedings hereunder.
If you are not an Organization, a representative of an Organization or a music industry professional, the following will apply:
Any arbitration between you and SoundBetter will take place under the Consumer Arbitration Rules of the American Arbitration Association (“AAA”) then in force (the “AAA Rules”) , as modified by this Section 17. You and SoundBetter agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). The AAA Rules, as well as instructions on how to file an arbitration proceeding with the AAA, appear at adr.org, or you may call the AAA at 1-800-778-7879. SoundBetter can also help put you in touch with the AAA.
Any arbitration hearings will take place in the county (or parish) of your billing address, provided that if the claim is for $25,000 or less, you may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address.
If you choose to file an arbitration proceeding and you are required to pay a filing fee, SoundBetter will reimburse you for that filing fee, unless your claim is for greater than US $10,000, in which case you will be responsible for the filing fee. SoundBetter will pay any other arbitration fees, including your share of arbitrator compensation, unless otherwise required by AAA rules or court order. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
If you are an Organization, a representative of an Organization or a music industry professional, the following will apply:
Any arbitration between you and SoundBetter will take place under AAA’s Commercial Arbitration Rules, as modified by this Section 17. You and SoundBetter agree that the Federal Arbitration Act applies and governs the interpretation and enforcement of this provision (despite the choice of law provision above). Any arbitration hearings will take place in the Borough of Manhattan, New York.
17.6 Notice; Process
A party who intends to seek arbitration hereunder must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). SoundBetter's address for Notice is: SoundBetter Inc. Attn: SoundBetter, 1901 Avenue of the Stars, Suite 200, Los Angeles, CA 90067 USA . The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or SoundBetter may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or SoundBetter shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, and the arbitrator issues you an award that is greater than the value of SoundBetter’s last written settlement offer, then SoundBetter will instead pay you either the amount of the award or $1,000, whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
17.7 Enforceability
If this Section 17 is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 17.1 shall govern any claim in court arising out of or related to this Agreement.
18. Miscellaneous
18.1 Entire Agreement
Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
18.2 Severability
Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.
18.3 Assignment
SoundBetter may assign the Agreement, and any of its rights under the Agreement, in whole or in part, and SoundBetter may delegate any of its obligations under the Agreement. You may not assign the Agreement, in whole or in part, nor transfer or sub-license your rights under the Agreement, to any third party.
18.4 Agency
No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority to bind the other in any respect.
For clarity, with respect to Storefront Transactions, Storefront Sellers are not agents of SoundBetter, and SoundBetter is not an agent of Storefront Sellers except as expressly stated below.
Storefront Sellers authorize SoundBetter to act as a limited payment facilitator solely for the purpose of (a) facilitating payment collection through third-party payment service providers (including Stripe Connect) in connection with Storefront Transactions, and (b) receiving and retaining Commission and other amounts owed to SoundBetter from such transactions.
Payments from Storefront Transactions are processed directly to Storefront Seller's connected payment service provider account. Funds received by the payment service provider on behalf of a Storefront Seller are deemed received by the Storefront Seller at the time of receipt by the payment service provider, regardless of when such funds are transferred to Storefront Seller's bank account.
SoundBetter does not provide payment processing services, is not a money transmitter, escrow provider, or merchant of record, and does not assume responsibility for the underlying Storefront Transaction, including product delivery, fulfillment, refunds, product compliance, tax obligations, or customer disputes.
18.5 No waiver
Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.
18.6 Headings
The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
18.7 Export Control
SoundBetter’s services may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in any country to which the United States has embargoed goods or has otherwise applied any economic sanctions; and (2) not a denied party as specified in any applicable export or re-export laws or regulations or similar laws applicable in other jurisdictions.
You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and the ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, reexport, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from SoundBetter under the Agreements to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
18.8 Changes to Platform
We reserve the right to change, suspend, or discontinue all or any part of the Platform at any time without prior notice or liability.
For clarity, this includes Storefront features, delivery mechanisms, subscription options, commissions, payout timing, and eligibility requirements.
18.9 Non-employment
You are not, and shall not present yourself as, (a) an employee, contractor, or agent of SoundBetter, or (b) affiliated in any way with SoundBetter, in any capacity (whether on business cards, social-media, or on any other websites or media).
19. Contact us
info@soundbetter.com
For DMCA/copyright notices: dmca@soundbetter.com
Last updated: April 6, 2026
Storefront Seller Agreement
Last Updated: April 6, 2026
This Storefront Seller Agreement (the “Seller Agreement” ) is entered into between SoundBetter Inc. ( “SoundBetter,” “we,” “us,” or “our” ) and the individual or entity operating a Storefront ( “Seller,” “you,” or “your” ).
By clicking “I Agree,” creating, publishing, or operating a Storefront, or listing Digital Goods or Storefront Services for sale, you agree to be bound by this Seller Agreement.
1. Relationship to Other Policies and Agreements
1.1 Platform Policies Incorporated by Reference. This Seller Agreement governs your use of SoundBetter Storefront functionality and incorporates by reference the following (collectively, the “Platform Policies” ):
- SoundBetter Terms of Use (the “Terms of Use” )
- Storefront Acceptable Use Policy (the “Storefront AUP” )
- Storefront Refund Minimum Standards Policy (the “Refund Standards Policy” )
- SoundBetter Privacy Policy
The Platform Policies form part of this Seller Agreement as if fully stated herein.
1.2 Order of Priority. If this Seller Agreement conflicts with the Terms of Use, this Seller Agreement controls only with respect to Storefront activity and Storefront Transactions. If a Platform Policy conflicts with this Seller Agreement, this Seller Agreement controls with respect to Storefront activity unless the Platform Policy explicitly states otherwise.
1.3 Updates. SoundBetter may update this Seller Agreement and/or the Platform Policies as described in Section 17. You are responsible for reviewing and complying with current versions.
2. Definitions
- “Storefront” means a digital storefront hosted by SoundBetter (including at my.soundbetter.com ) allowing Sellers to offer goods or services to Buyers.
- “Buyer” means a user who purchases Digital Goods or Storefront Services from a Seller.
- “Storefront Transaction” means a purchase transaction between a Seller and a Buyer conducted through a Storefront.
- “Digital Goods” means downloadable or streamable digital content, including audio files, sample packs, beats, tracks, loops, presets, plugins, templates, graphics, album art, videos, courses, educational materials, or similar digital files.
- “Storefront Services” means services sold via Storefront, including lessons, consulting, mentorship, sound checks, audio reviews, or similar services.
- “Commission” means SoundBetter’s platform fee retained from Storefront Transactions as compensation for Storefront-related platform services.
- “Subscription” means any recurring Storefront subscription plan required to operate a Storefront.
3. Merchant of Record Status
3.1 Seller is Merchant of Record. Seller is the sole merchant of record for all Storefront Transactions.
3.2 Seller Responsibilities. Seller is solely responsible for all matters relating to Storefront Transactions, including:
- the legality, quality, safety, and compliance of Digital Goods and Storefront Services
- accurate listings, pricing, disclosures, and compatibility claims
- customer support and Buyer communications
- refunds, returns (if applicable), disputes, and complaints
- all taxes, VAT/GST/sales tax, and reporting/remittance obligations
- compliance with consumer protection laws and regulations
- compliance with intellectual property laws and licensing obligations
- compliance with data protection and privacy laws applicable to Seller’s activities
- all liabilities arising from Seller’s products, services, and business practices
- Seller must respond within a commercially reasonable timeframe, generally within 48 hours.
3.3 SoundBetter’s Role. SoundBetter provides platform infrastructure, hosting, delivery systems, and payment facilitation. SoundBetter is not a party to Storefront Transactions and does not make representations or warranties regarding Seller’s products, services, or business practices.
4. Stripe Connect and Payment Processing
4.1 Stripe Connect Requirement. Seller must create and maintain a valid Stripe Connect account linked to Seller’s Storefront, and must keep Stripe account information accurate and current.
4.2 Payment Processing and Flow. Storefront payments are processed through Stripe, and proceeds from Storefront Transactions are directed to Seller’s Stripe account, less (as applicable) (i) Stripe processing fees, (ii) Commission, and (iii) authorized deductions under this Seller Agreement.
Payout timing is determined by Stripe or other payment service providers and may vary based on jurisdiction, account status, risk review, or payment processor requirements. SoundBetter does not guarantee payout timing or availability of funds.
4.3 Limited Payment Collection Agent (If Applicable). To the extent SoundBetter is deemed to receive or control any portion of Storefront Transaction funds (including Commission and permitted offsets), Seller appoints SoundBetter as Seller’s limited payment collection agent solely to facilitate receipt and payout of Storefront Transaction funds as described in this Seller Agreement and the Platform Policies. Seller agrees that payment from a Buyer to SoundBetter (or to Stripe in a manner that routes funds through platform controls) will be treated as payment to Seller for purposes of satisfying the Buyer’s payment obligation to Seller, to the extent of the amount paid.
4.4 Stripe Requirements and Holds. Seller acknowledges and agrees:
- Stripe may require identity verification, business documentation, and tax information
- Stripe may impose reserves, payout holds, delays, or other requirements based on risk assessments or compliance needs
- Stripe’s terms apply to payment processing and Seller must comply with Stripe’s terms
- SoundBetter does not control Stripe’s risk decisions, payout timing, or Stripe account requirements
5. Fees, Commission, and Subscription
5.1 Storefront Subscription. Seller must maintain an active Subscription to operate a Storefront. The current Subscription fee is $9.99/month and may change with advance notice. Subscriptions renew automatically until canceled. Except as required by applicable law, Subscription fees are non-refundable once charged.
5.2 Commission. SoundBetter retains a ten percent (10%) Commission on Storefront Transaction revenue, calculated on the sale price charged to the Buyer before taxes (and exclusive of VAT/GST/sales tax collected at checkout, unless otherwise stated in writing).
Commission is earned upon completion of a Storefront Transaction and is non-refundable, including in cases where Seller later issues a refund to a Buyer, except where the transaction is reversed due to confirmed fraud, payment processor error, or SoundBetter platform error as determined by SoundBetter in its reasonable discretion.
5.3 Authorization to Deduct and Offset. Seller expressly authorizes SoundBetter and/or Stripe (as applicable) to:
- deduct and retain Commission from Storefront Transactions
- deduct Stripe processing fees and other payment processing costs
- offset refunds, disputes, chargebacks, penalties, or compliance-related costs from current or future payouts (to the extent permitted by law)
- delay or withhold payouts when reasonably necessary to comply with legal requirements, payment processor rules, or to address suspected fraud, policy violations, or Seller amounts owed
5.4 Chargebacks and Payment Disputes. Seller is solely responsible for chargebacks, disputes, reversals, and associated fees arising from Storefront Transactions. If a chargeback or dispute results in funds being withdrawn and those amounts cannot be recovered through Seller’s Stripe balance or pending payouts, Seller agrees to reimburse the amounts owed within 10 business days of notice, and SoundBetter may suspend Storefront functionality or take other enforcement actions as permitted by the Platform Policies and applicable law.
6. Taxes and VAT
6.1 Seller Tax Responsibility
As merchant of record, Seller is solely responsible for determining, registering for, collecting (where applicable), reporting, and remitting all taxes arising from Storefront Transactions, including VAT, GST, sales tax, and income taxes, and for maintaining appropriate tax records.
Seller is responsible for proper product classification, tax configuration, and compliance with all applicable tax laws in each jurisdiction where Seller conducts business or has tax obligations.
6.2 Third-Party Tax Tools (Including Stripe Tax)
SoundBetter may enable third-party tools, including Stripe Tax, to assist with calculating or collecting certain taxes based on Buyer location and product type.
Seller acknowledges and agrees that:
- Such tools do not constitute tax advice
- Such tools do not file tax returns or remit taxes on Seller’s behalf
- Tax calculations rely on information provided by Seller and generalized tax rules
- Seller remains solely responsible for verifying tax accuracy and compliance
- SoundBetter does not guarantee the accuracy, completeness, or applicability of any tax calculations generated by third-party tools.
6.3 No Delegation of Tax Responsibility
Seller’s use of any tax calculation or collection tool does not relieve Seller of any tax obligations. Seller remains fully responsible for registration, filing, remittance, audit responses, penalties, and interest, regardless of whether Stripe Tax or other tools are used.
6.4 Tax Indemnification
Seller shall indemnify, defend, and hold harmless SoundBetter, its affiliates, and its payment service providers from any claims, assessments, penalties, fines, interest, or expenses (including reasonable attorneys’ fees) arising from or related to Seller’s tax obligations, tax classifications, failure to collect or remit taxes, or any tax authority inquiry or proceeding related to Storefront Transactions.
This obligation survives termination of this Agreement.
7. Digital Delivery and Hosting
7.1 License Grant. Seller grants SoundBetter a worldwide, non-exclusive, royalty-free license to host, store, reproduce (as necessary for backup and delivery), transmit, and deliver Digital Goods for Storefront fulfillment, and to display product previews, titles, descriptions, and related metadata for Storefront operation and promotion within the Service.
7.2 Continuing Buyer Access. If Seller removes a listing or stops offering Digital Goods, Seller acknowledges SoundBetter may continue providing access to Buyers who purchased those Digital Goods prior to removal, for the duration of any stated access period or as required by law or the Platform Policies.
7.3 Seller Responsibilities. Seller remains solely responsible for file accuracy, malware-free distribution, compatibility disclosures, and truthful product descriptions.
7.4 Buyer Access to Purchased Digital Goods. SoundBetter will provide Buyers access to Digital Goods purchased through Storefront for a minimum period of two (2) years from the date of purchase.
SoundBetter may, in its discretion, provide continued access beyond this minimum period.
Seller acknowledges that SoundBetter may modify delivery methods, storage infrastructure, or hosting mechanisms at any time, provided Buyers retain reasonable access to previously purchased Digital Goods for at least the minimum access period described above.
SoundBetter does not guarantee perpetual hosting or indefinite access to Digital Goods. SoundBetter does not guarantee Seller ongoing access to hosting or distribution infrastructure for Digital Goods following removal of listings, Storefront closure, or termination of this Agreement. Seller remains responsible for maintaining backup copies of all Digital Goods.
8. Seller Content Warranties
Seller represents, warrants, and covenants that:
- Seller owns or has all necessary rights, licenses, and permissions to distribute the Digital Goods and provide Storefront Services offered
- listings and marketing materials are accurate and not misleading
- Digital Goods and Storefront Services comply with applicable laws, including consumer protection and export controls (if applicable)
- Digital Goods do not contain viruses, malware, spyware, or other harmful code
- Seller complies with third-party license terms (including SDKs, runtimes, fonts, samples, or other dependencies) and discloses required third-party terms to Buyers where applicable
8.1 Seller License Disclosure Obligation
Seller must accurately describe Buyer usage rights and license restrictions applicable to each Digital Good listing.
Seller must disclose, where applicable:
• Whether commercial use is permitted
• Whether redistribution or sublicensing is permitted
• Whether attribution is required
• Whether licenses are exclusive or non-exclusive
• Whether Digital Goods may be used for AI training, machine learning, dataset creation, or derivative AI systems
• Any material usage restrictions that could affect Buyer expectations
Seller represents and warrants that all license disclosures are truthful, complete, and not misleading.
Seller agrees that failure to provide accurate and complete license disclosures may constitute a material breach of this Agreement, particularly where such failure involves material misrepresentation, repeated violations, or reasonably results in Buyer harm, legal exposure, or consumer protection risk.
9. Refund and Dispute Obligations
9.1 Seller Handles Refunds and Disputes. Seller is solely responsible for handling refunds, returns (if applicable), customer support, and Buyer disputes for Storefront Transactions, and must maintain refund policies compliant with applicable law and the Refund Standards Policy.
9.2 Response and Processing. Seller must respond to Buyer inquiries and refund requests within a commercially reasonable timeframe (generally within 48 hours ) and must process required or approved refunds within a commercially reasonable timeframe (generally within 5 business days ), unless a different timeframe is required by law.
9.3 SoundBetter Enforcement. SoundBetter is not a party to refund disputes, but may take enforcement action (including removing listings, suspending Storefronts, placing payout holds, or issuing refunds where required by law or payment processor rules) to protect Buyers, comply with legal requirements, prevent fraud, or comply with processor requirements. If SoundBetter or Stripe issues a refund or reversal related to a Storefront Transaction, Seller remains liable for the refunded amount and related fees, which may be offset from current or future payouts to the extent permitted by law.
9.4 Platform Enforcement Refunds. SoundBetter reserves the right, but not the obligation, to require Seller to issue refunds or to direct its payment service providers, including Stripe, to process refunds or transaction reversals when SoundBetter reasonably determines such action is necessary to:
• Comply with applicable law or regulatory requirements
• Comply with payment processor or card network rules
• Address fraud, unauthorized transactions, or suspected abuse
• Enforce Platform Policies
• Protect Buyers, the Platform, or other users
Seller authorizes SoundBetter to recover any such refunds, fees, penalties, or associated costs from Seller payouts or by invoicing Seller directly if payout balances are insufficient. SoundBetter’s exercise of these rights does not make SoundBetter the merchant of record or seller of any Digital Goods or Storefront Services.
10. Buyer Data Usage Restrictions
10.1 Permitted Uses. Seller may use Buyer personal information received through Storefront only as necessary for:
- order fulfillment and delivery of Digital Goods or Storefront Services
- customer support and dispute resolution related to the Buyer’s purchase
- legal compliance directly related to the Storefront Transaction (e.g., tax recordkeeping, legal process)
- fraud prevention directly related to the Storefront Transaction
10.2 Prohibited Uses. Seller may not:
- use Buyer information for marketing without the Buyer’s separate, explicit consent
- sell, rent, or disclose Buyer information to third parties except as necessary to fulfill the transaction or as required by law
- use Buyer information to build marketing lists or unrelated databases
10.3 Security and Compliance. Seller must implement reasonable security measures to protect Buyer data and comply with applicable privacy and data protection laws for Seller’s processing of Buyer data. Seller must promptly notify SoundBetter if Seller becomes aware of a data breach involving Buyer data obtained through Storefront.
10.4 Data Protection Roles and Responsibilities
For purposes of applicable data protection laws, including the EU General Data Protection Regulation (“GDPR”), UK GDPR, and similar laws:
Seller acts as an independent data controller with respect to any personal data of Buyers that Seller receives or processes in connection with Storefront Transactions. Seller independently determines the purposes and means of such processing.
SoundBetter acts as an independent data controller with respect to personal data it processes to operate, secure, administer, and improve the Platform, facilitate payments and commissions, perform fraud prevention and risk monitoring, comply with legal and regulatory obligations, and enforce Platform policies and agreements.
SoundBetter does not control and is not responsible for how Seller processes Buyer personal data outside of the Platform or beyond the limited restrictions set forth in this Agreement, except where required by applicable law or legal process.
Seller is solely responsible for:
- Providing any required privacy notices to Buyers
- Determining and documenting any required lawful basis for processing Buyer personal data
- Honoring applicable data subject rights requests
- Implementing appropriate technical and organizational security measures
- Complying with all applicable data protection and privacy laws
Seller shall defend, indemnify, and hold harmless SoundBetter and its affiliates, officers, employees, and service providers from and against any claims, penalties, fines, damages, or liabilities arising from Seller’s processing of Buyer personal data or Seller’s violation of applicable data protection laws.
11. Anti-Circumvention
11.1 No Off-Platform Steering. Seller may not direct or encourage Buyers to complete purchases outside the Platform for products or services discovered through SoundBetter Storefront, or otherwise attempt to circumvent platform fees or Commission.
11.2
Liquidated Damages.
Violation of this Section is a material breach. Seller will owe SoundBetter the greater of:
(i) the Commission and fees SoundBetter would have received had the transaction occurred on-platform; or
(ii)
US $500
per violation.
Seller agrees these amounts are liquidated damages and not a penalty, due to the difficulty of calculating actual damages.
12. Storefront Acceptable Use
Seller must comply with the Storefront AUP at all times, including prohibitions against infringing content, malware or harmful code, deceptive listings, and unauthorized distribution of third-party content. SoundBetter may remove listings or suspend Storefronts for violations.
13. Enforcement Rights
SoundBetter may investigate suspected violations of this Seller Agreement or the Platform Policies and may take enforcement actions reasonably necessary to protect the Platform, Buyers, Sellers, or SoundBetter, including:
Content and Listing Actions
- Removing, disabling, or refusing to publish listings, Digital Goods, or content
- Requiring Seller to modify listings or Storefront content to comply with Platform requirements
- Edit or modify listing descriptions for clarity or compliance (with notice to Seller when practical)
Account Actions
- Suspending or terminating Storefront access
- Restricting Seller’s access to certain Platform features
Financial Actions
- Withholding, delaying, or placing holds or reserves on payouts to the extent permitted by applicable law and payment processor rules
- Deducting amounts owed by Seller from payouts or offsetting liabilities against future payouts
Compliance and Investigative Actions
- Requesting information or documentation from Seller to evaluate compliance
- Investigating suspected violations, Buyer complaints, or transaction activity
- Cooperating with payment processors, law enforcement, regulators, or legal process
SoundBetter may take enforcement action with or without prior notice where reasonably necessary to:
- Comply with legal or regulatory obligations
- Prevent fraud, abuse, or security risks
- Protect Platform integrity or reputation
- Comply with payment processor or financial institution requirements
SoundBetter will generally attempt to provide notice when practical and appropriate.
Seller acknowledges that SoundBetter may exercise enforcement rights in its reasonable discretion, and disagreement with enforcement action does not relieve Seller of its obligations under this Agreement.
14. Indemnification
Seller agrees to defend, indemnify, and hold harmless SoundBetter and its affiliates, officers, directors, employees, agents, and service providers from and against any third-party claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising from or related to:
- Seller’s Digital Goods or Storefront Services
- Seller’s breach of this Seller Agreement or the Platform Policies
- intellectual property infringement or misappropriation by Seller or Seller’s products
- Seller’s tax, consumer protection, or regulatory compliance failures
- Seller’s misuse of Buyer data or violation of applicable privacy/data protection laws
- Buyer disputes, refunds, chargebacks, or complaints attributable to Seller
This Section survives termination.
15. Term and Termination
15.1 Term. This Seller Agreement begins upon acceptance and continues until terminated.
15.2 Termination by SoundBetter. SoundBetter may suspend or terminate Storefront access in accordance with the Platform Policies and for reasons including violations, fraud risk, payment processor requirements, legal compliance, or operational risk.
15.3 Effect of Termination. Upon termination or suspension:
- Seller’s Storefront may be unpublished and no new sales may be accepted
- Seller remains responsible for fulfillment, refunds, disputes, chargebacks, and tax obligations arising from Storefront Transactions
- SoundBetter may withhold or delay payouts to the extent permitted by law and payment processor rules, including to cover pending disputes, chargebacks, refunds, or amounts owed
Sections that by their nature should survive termination will survive, including Sections 5, 6, 7 (for continuing Buyer access), 9, 10, 14, 16, and 18.
16. Governing Law and Dispute Resolution
Disputes arising under or relating to this Seller Agreement are governed by the governing law, dispute resolution, arbitration, class action waiver (if any), and venue provisions set forth in the Terms of Use, which are incorporated by reference.
17. Changes to This Agreement
SoundBetter may modify this Seller Agreement or the Platform Policies by posting updated terms on the Platform. For material changes, SoundBetter will provide notice by reasonable means (e.g., in-product notice or email). Continued use of Storefront after the effective date of updates constitutes acceptance. If you do not agree, your remedy is to discontinue Storefront use and terminate as permitted by the Platform.
18. General Provisions
18.1 Entire Agreement. This Seller Agreement, together with the Platform Policies and the Terms of Use, constitutes the entire agreement between Seller and SoundBetter regarding Storefront operations and supersedes prior agreements on that subject.
18.2 Independent Contractor; No Agency. Seller is an independent contractor. Nothing in this Seller Agreement creates an employment, agency, partnership, joint venture, or franchise relationship between Seller and SoundBetter. Except for the limited payment collection agency appointment described in Section 4.3 (if applicable), neither party has authority to bind the other.
18.3 Assignment. Seller may not assign this Seller Agreement without SoundBetter’s prior written consent. SoundBetter may assign this Seller Agreement in connection with an affiliate transaction, merger, acquisition, reorganization, or sale of assets.
18.4 Severability. If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it enforceable.
18.5 Waiver. Failure to enforce any provision is not a waiver.
18.6 Force Majeure. Neither party is liable for delays or failures due to causes beyond reasonable control.
18.7
Notices.
Notices to Seller may be sent to the email associated with Seller’s account. Notices to SoundBetter should be sent to:
SoundBetter Inc., 1901 Avenue of the Stars, Suite 200, Los Angeles, CA 90067 USA
Email:
legal@soundbetter.com
18.8 Headings; Language; Electronic Acceptance. Headings are for convenience only. This Seller Agreement is in English; translations are for convenience only. Electronic acceptance constitutes a binding agreement.
By clicking “I Agree” or by creating, publishing, or operating a Storefront, Seller acknowledges that Seller has read, understood, and agrees to be bound by this Seller Agreement and all incorporated Platform Policies. This Seller Agreement incorporates by reference the SoundBetter Terms of Use, Storefront Acceptable Use Policy, Storefront Refund Minimum Standards Policy, and Privacy Policy, each of which is made available to Seller via hyperlink at the time of acceptance and within the Seller dashboard. Seller agrees that these incorporated policies form part of this Agreement as if fully set forth herein. Seller further agrees that SoundBetter may update incorporated policies from time to time and that continued use of Storefront functionality after such updates constitutes acceptance of the revised policies.
SoundBetter Storefront Acceptable Use Policy
Last Updated: April 6, 2026
This Storefront Acceptable Use Policy (“AUP”) applies to all Sellers using SoundBetter Storefront.
Violation of this policy may result in listing removal, payout holds, Storefront suspension, or account termination.
1. Intellectual Property Compliance
Sellers may only list products or services that they own or have full legal rights to distribute.
Prohibited content includes:
• Pirated or unauthorized sample libraries
• Presets derived from third-party proprietary software without permission
• Unlicensed fonts, graphics, or artwork
• Software or plugins containing unauthorized SDK components
• Content that infringes copyright, trademark, or publicity rights
Sellers must maintain documentation demonstrating ownership or authorization to distribute listed content and must provide such documentation upon reasonable request by SoundBetter.
2. Malware and Security
Sellers may not distribute:
• Malware
• Spyware
• Trojan code
• DRM circumvention tools
• Harmful or malicious scripts
• Files designed to compromise buyer systems
SoundBetter reserves the right to perform automated or manual file review.
3. Misrepresentation and Deceptive Listings
Sellers must not:
• Misrepresent compatibility (DAW, OS, hardware, etc.)
• Misrepresent file format or content
• Use misleading marketing claims
• Claim endorsement by SoundBetter
• Falsely claim licensing rights or ownership
- Sellers must accurately disclose Digital Good licensing rights and usage restrictions. Failure to disclose material licensing limitations, including AI training permissions, may be treated as deceptive listing behavior.
4. Prohibited Product Categories
The following content is prohibited:
• Illegal content
• Hate speech or violent content
• Sexually explicit material involving minors
• Fraudulent services
• Unauthorized distribution of third-party copyrighted material
• Tools designed to bypass copyright or licensing protections
Sellers may not offer products or services that violate applicable export control or economic sanctions laws, including U.S. export regulations and Office of Foreign Assets Control (OFAC) restrictions.
5. Marketplace Integrity and Anti-Circumvention
Sellers may not:
• Direct buyers to complete purchases outside SoundBetter
• Share external purchase links for Storefront products
• Manipulate search rankings or reviews
• Use automated bots to generate purchases or reviews
6. Plugin and Software Compliance
Plugins and software sold via Storefront must:
• Comply with applicable SDK and licensing agreements
• Not contain malicious code
• Include appropriate end-user license terms
• Accurately disclose compatibility limitations
7. Enforcement
SoundBetter may:
• Remove listings
• Suspend Storefronts
• Withhold payouts
• Terminate seller accounts
Sellers must reasonably cooperate with SoundBetter investigations regarding suspected violations, including providing requested documentation, explanations, or access to product materials.
SoundBetter reserves the right to determine, in its reasonable discretion, whether content or conduct violates this policy or otherwise creates risk to the Platform, Buyers, or SoundBetter.
This policy forms part of the Storefront Seller Agreement and is incorporated by reference into that agreement.
SoundBetter Storefront Refund Minimum Standards
Last Updated: April 6, 2026
This policy establishes minimum refund standards Sellers must meet.
Sellers remain responsible for setting their own refund policies, provided those policies comply with applicable law and this policy.
1. Seller Refund Policy Requirement
Sellers must publish a clear refund policy for each listing.
Policies must:
• Be visible before purchase
• Clearly describe refund eligibility
• Provide seller support contact information
Sellers must respond to buyer refund or support requests within a commercially reasonable timeframe, and no later than forty-eight (48) hours where reasonably practicable.
2. Required Refund Circumstances
Sellers must provide refunds when:
• Product is not delivered
• Product files are corrupted or inaccessible
• Product materially differs from its listing description, previews, or stated compatibility or functionality.
• Service is not delivered
3. Digital Goods Limitations
Sellers may limit refunds for digital downloads once files have been accessed, except where required by law.
Sellers may not apply refund limitations in circumstances where refunds are required under this policy or applicable law.
4. EU/UK Consumer Rights
Where applicable, sellers must comply with EU/UK consumer law, including:
• 14-day withdrawal rights for digital content unless properly waived
• Clear disclosure of waiver consent
5. Chargebacks and Disputes
Sellers are responsible for chargebacks and dispute resolution costs.
SoundBetter may require Sellers to issue refunds or may direct payment processors to issue refunds or offset payouts where SoundBetter reasonably determines refunds are required to comply with law, payment processor rules, or Platform integrity requirements.
SoundBetter may Suspend sellers for excessive dispute rates
This policy forms part of the Storefront Seller Agreement and is incorporated by reference into that agreement.