Terms & Conditions

THE AGREEMENT: The use of this mobile application, SoundPrint, and any and all of the services on this mobile application and website, provided by SoundPrint LLC (“SoundPrint LLC” or the “Company”), are subject to the following Terms & Conditions Agreement (hereinafter the “Agreement”), all parts and subparts of which are specifically incorporated by reference here. This Agreement shall govern the use of all sections, subsections, pages, and screens on the mobile application (“Mobile Application”) as well as the SoundPrint website (“Website”) (collectively, “SoundPrint”) and any services provided by SoundPrint LLC or on SoundPrint (“Services”).

This Agreement also specifically incorporates by reference the SoundPrint Privacy Policy available at the following link: https://www.soundprint.co/privacy-policy/.

Article 1 – Definitions

The parties referred to in this Agreement shall be defined as follows:

a) Company, us, we: SoundPrint LLC, as the creator, operator, and publisher of SoundPrint, makes SoundPrint, and certain Services on it, available to its Users. SoundPrint LLC, Company, us, we, our, ours and other first-person pronouns will refer to SoundPrint LLC, as well as all employees and affiliates of SoundPrint LLC.
b) You, the User: You, as a User of SoundPrint or as a User of any of the SoundPrint Services, will be referred to throughout this Agreement with second-person pronouns such as you, your, yours, or as User.
c) Parties: Collectively, the parties to this Agreement (the Company and you) will be referred to as “Parties”.
d) Venues: “Venues” are those businesses or physical locations that are tagged with sound level submission data through the SoundPrint Services. Venues may not be Users of the SoundPrint Services (though individuals associated with Venues may be Users). Venues include the business’ owners, managers, internal groups or employees acting in a representative capacity. Venues may also include associations and lobbyist groups acting in a representative capacity for specific businesses.

Article 2 – Assent & Acceptance

By using SoundPrint, you warrant that you have read and reviewed this Agreement and that you agree to be bound by it. If you do not agree to be bound by this Agreement, please exit the SoundPrint mobile application and cease any use of the SoundPrint Services. The Company only agrees to provide use of SoundPrint and the Services to you if you assent to this Agreement. BY USING SOUNDPRINT, YOU ARE AGREEING THAT ANY DISPUTES BETWEEN YOU AND THE COMPANY WILL BE RESOLVED BY ARBITRATION. SUCH ARBITRATION WILL BE BINDING. YOU ARE HEREBY WAIVING YOUR RIGHT TO A TRIAL OR CLASS ACTION. FURTHER INFORMATION CAN BE FOUND IN THE ARBITRATION SUBPART OF ARTICLE 33 BELOW.

Article 3 – Age Restriction & Eligibility

You must be at least 13 (thirteen) years of age to use SoundPrint or any Services contained herein. By using SoundPrint, you represent and warrant that you are at least 13 (thirteen) years of age. If you are under 18 (eighteen) years of age, you represent and warrant that your parent or legal guardian has reviewed and agreed to this Agreement on your behalf. We disclaim any liability for any misrepresentation of your or any other User’s age. You further represent and warrant that you are not prohibited from using SoundPrint under the laws of the United States or any applicable jurisdiction. Specifically, you represent and warrant that you are not on the U.S. Treasury Department’s list of Specially Designated Nationals.

Article 4 – Description of Services

The SoundPrint Service allows Users to measure sound level data using the Service’s sound level meter and to submit the sound level information in conjunction with an identified or tagged Venue, day of the week, time of day, length of measurement, average, maximum and minimum sound level, Venue name, Venue type, Venue geographical coordinates, User comments, User inputs on Venue Atmospheric Variables (which include, but are not limited to (a) an assessment of the ability to have conversation (b) whether there is background music or not (c) the presence of bright lighting, round tables, or a quiet room, space or alcove, (d) how full the venue is during measurement time, (e) whether the measurement was taken indoors or outdoors), User recommendations for whether a Venue should be manually marked as being quiet or very loud (including suggesting to the community a venue either be placed on SoundPrint’s Quiet List or shown as being particularly quiet, and that the user wish for the SoundPrint community to suggest to the venue appropriate potential steps to mitigate or optimize the noise levels, otherwise known as a “User Submitted Noise Complaint”), or any other sound level category or description, and the type of mobile device used. Such information is referred to as the “Sound Level Submission Data.”

A User may also rate a Venue’s sound level as quiet, moderate, loud or very loud without taking a measurement. Such a rating is referred to in this Agreement as a “User Rating,” also described elsewhere as a subjective rating, and forms part of the Sound Level Submission Data. Where a Venue has User Ratings but no measurements, SoundPrint may display the most common rating in place of a sound level.

Where SoundPrint does not display a measured sound level or a User Rating for a Venue, SoundPrint may display an estimated sound level for that Venue. An estimated sound level is not a measurement of that Venue. It is calculated by SoundPrint from SoundChecks submitted at other Venues of a similar type, and is shown as an estimate, together with a range. Estimated sound levels are subject to Article 5.

At your choosing, you may also register with SoundPrint. Alternatively, you may submit Sound Level Submission Data anonymously. Further information on registration can be found in Article 9, Account Information.

You are responsible for the accuracy of the Sound Level Submission Data and it is your obligation to tag the correct Venue. Through each submission, you represent and warrant that the Venue you tagged to your measurement is the actual Venue you took the measurement in at the time and day of the submission. Should the sound level measurement be tagged to the wrong Venue during submission, it is your obligation to contact SoundPrint at info@soundprint.co and inform us of the error. SoundPrint may delete any Sound Level Submission Data, in our sole and exclusive discretion. We specifically retain the right to delete submissions we deem as potentially inaccurate, fake, or fraudulent.

For User Submitted Noise Complaints, SoundPrint will analyze and determine whether it will reach out to the venue per the user’s suggestion. Such decision to act is based on a holistic evaluation of all user-based submissions of the venue, both objective and subjective, and other factors, including but not limited to the day and time of the submission, user comments, the atmospheric variables selected and other user submissions of the same or similar venue. Note that SoundPrint will not include user-based identifying information in its reach-out to the venue as the data will be aggregated and anonymized. The intent is to inform and educate venue managers to the possibility of high noise levels, the potential effects on hearing health as well as the ability for patrons to be able to converse. SoundPrint will also recommend simple and inexpensive ways venue managers can mitigate or optimize their noise levels as well as suggest, for more complex circumstances, one or several Acoustic Consultants or Suppliers who may provide expertise and help.

It may also take considerable time (i.e. a month or more, or until a sufficient amount of data has been submitted by users and analyzed) before SoundPrint reaches out to the venue. SoundPrint makes no assurance that SoundPrint contacts the correct venue, nor whether the venue will, in fact, receive or open the sent materials, in soft or hard copy form, nor respond or take steps to mitigate or optimize their noise levels per the user’s request.

SoundPrint may receive a fee or other compensation if a Venue engages an acoustic consultant or supplier that we have suggested. We disclose this in the materials we send to the Venue. Such compensation does not affect whether we contact a Venue, or the data we present to it.

SoundPrint may award SoundCheck Points for submitting SoundChecks and for other activity in the Mobile Application, and may display a level based on your points total. Your points and level are visible only to you. Points and levels have no cash or monetary value, are not property, and cannot be redeemed, transferred or sold. SoundPrint may adjust, recalculate or withdraw points at any time, including where we deem submissions to be potentially inaccurate, fake or fraudulent, and may change or discontinue SoundCheck Points at any time.

After you submit a SoundCheck, SoundPrint may invite you to mention the sound level you measured in a review on a third-party review platform. Any such review is your own. You agree that you will review only Venues you have actually visited, that your review will be honest and will reflect your own experience, and that you will comply with the terms and policies of the platform on which you post it. SoundPrint may suggest wording, which you are free to edit or to disregard, and you are responsible for what you post. SoundPrint does not award SoundCheck Points or any other compensation for posting a review, for choosing a particular platform, or for what a review says, and nothing in this Agreement conditions any benefit on the content of a review. SoundPrint is not responsible for a third-party platform or for its handling of your review.

For Audio Consent Recordings, users have the option, per the Audio Consent option during the mobile app onboarding process, to consent to have the sound measurements also record sound during the measurement. The intent and purpose of such sound recordings is to give hearing aid manufacturers and other audio-AI related companies the ability to craft and test their machine learning algorithms to train hearing aids and audio-based products to better decipher between various sounds produced in various sound level environments. A secondary purpose is to allow acoustic consultants to diagnose a venue’s acoustic environment and to offer solutions to optimize or mitigate excessive noise levels.

In the event the user chooses to consent to this option, the user agrees that the main purpose is to measure and record ambient noise only, which is defined as any sound other than sound being monitored (primary sound) such as a telephone call or specific conversation. User agrees that they will not use SoundPrint to directly record primary sound or discernible conversation. Should a user’s measurement record discernible conversation, it is the user’s obligation to contact SoundPrint (privacy@soundprint.co) and identify the measurement and recording that contains a direct conversation and SoundPrint will accordingly delete the recording from its private database. A recording that has already been provided to a third party cannot be recalled.

All recordings are kept private and are not available to the public. The audio files themselves contain no name, email address, username or account identifier. SoundPrint does keep an internal link between a recording and the SoundCheck it came from, so that we can act on a deletion request under this Article and select recordings for the purposes described above; because that link exists, we treat recordings as personal data. When sharing audio files with any third party, all data will be anonymized (no user personal user ID or email is included). But the following metadata may be included: Venue Type (e.g. restaurant, bar), Day of the Week (e.g. Monday, Tuesday), Time of Day, the quantitative sound level data associated with the measurement (Average dBA, Max dBA, Min dBA, length of measurement) and additional user input related to the atmosphere of the measurement (e.g. is the noise level conducive to conversation, was the measurement taken outdoors, how full is the venue). If user chooses not to consent to this Audio Consent Recording option, then no recordings are made when the user measures and submits the measurement.

For more information on how we collect and process information including personal data, please visit our Privacy Policy available at the following link: https://www.soundprint.co/privacy-policy/. For requests about your personal data, including access, correction or deletion, email privacy@soundprint.co.

Article 5 – Measurement & Safety Disclaimer

Our Service uses the decibel meter to attempt to measure the approximate decibel level. This is not a replacement for a precise nor professional sound level measuring device. The sound level measurements are a general approximation for what the sound level is or was during the measurement, and we make no assurances to the accuracy of the approximation of the sound levels displayed during the duration of the measurement. We hereby disclaim any liability for any inaccuracy of any of the measurements or data. Many factors affect the measurement and will vary during the measurement, including, but not limited to, the measurer’s own voice, the position of the mobile device, the amount of space between the mobile device and the body of the measurer, other objects in the environment, the location of the measurement taken, the time and day of the measurement, the physical condition of the hardware microphone or mobile device, the type of phone (Android and iOS devices may pick up and measure different sounds during the measurement) and the Venue’s interior design. These factors may cause the sound level measurement to differ significantly from the environment’s actual sound level. The dBA numbers of Venues displayed on SoundPrint are either displayed as individual measurements or are aggregated to show an average of historical SoundChecks measured and submitted to the database. The presentation of these average dBA numbers may be grouped or segmented by time of day and day of the week or by other methods. These dBA numbers are historical and thus are a reasonable guess as to what a Venue’s sound level has been and will be in the future. There is no guarantee that the average dBA displayed is close to, is, or will be the actual sound level in the future. By using SoundPrint, you affirm and acknowledge the above. We take no responsibility and assume no liability for the accuracy of the Sound Level Submission Data submitted to SoundPrint.

SoundPrint measures the sound level of a place, not your exposure to it. A SoundCheck records how loud a Venue was at the time and place the measurement was taken. SoundPrint does not measure how much noise you are exposed to over a day or any other period, which is what a noise dosimeter does, and it cannot tell you whether your exposure is within any occupational or health limit.

SoundPrint is here to help you choose where to go, not to guarantee that anywhere is safe. Where we describe a sound level as safe for hearing, or as a level at which long exposure can cause hearing loss, we are describing the measured decibel level against general hearing-health guidance. We are not telling you how much noise you will be exposed to, which depends on how long you stay and on conditions at the time. Sound levels in a Venue change constantly, and from hour to hour and day to day. A measurement describes a moment that has already passed. An estimated sound level and a User Rating are not measurements. None of the following is a guarantee that a Venue will be safe or quiet at any future time, or a statement about a Venue’s compliance with any law, standard or limit: the sound level displayed for a Venue, whether as a decibel number or as a sound level category of Quiet, Moderate, Loud or Very Loud; an estimated sound level; the nomination of a Venue as a quiet place; the inclusion of a Venue on a Quiet List curated by SoundPrint; and the presence or absence of a noise complaint.

SoundPrint is not a medical device and is not a substitute for hearing protection, for an occupational noise assessment, or for medical or audiological advice. If you are concerned about noise exposure, use hearing protection and consult a qualified professional. Decisions about which Venues to visit, and how long to stay, remain your own.

Article 6 – User Data License

SoundPrint, as described above, acquires Sound Level Submission Data from you and other Users. The SoundPrint mobile application allows Users to post, submit, publish, display, or transmit to other Users or other persons the Sound Level Submission Data, as well as other content or materials, such as User comments, text, graphics, photos, or videos (collectively with the Sound Level Submission Data, “User Contributions”).

Any User Contribution you post to SoundPrint including, specifically, the Sound Level Submission Data, will be considered non-confidential and non-proprietary and should otherwise be considered public. By providing any User Contribution on or to SoundPrint, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a royalty-free, non-exclusive, worldwide license to use, reproduce, modify, perform, display, broadcast, transmit, distribute, make derivative works of, and otherwise disclose to third parties any such content you post, publish, upload or otherwise make available to SoundPrint LLC through the SoundPrint mobile application. We claim no further proprietary rights in your User Contributions.

You further represent and warrant that:

You own or control all rights in and to the User Contributions, and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns;
Your User Contributions will and do comply with the Acceptable Use provision of this Agreement, and the terms of this Agreement as a whole;
Your User Contributions do not infringe upon the intellectual property rights of any third party;
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other User of the Website. Additionally, we may remove any of your User Contributions or terminate your User account, if applicable, in our sole and exclusive discretion.

You agree that this license includes the right for us to make your User Contributions available to other Users on SoundPrint, who may also use your User Contributions subject to this Agreement. SoundPrint LLC has the right but not the obligation to monitor and edit all User Contributions.

Article 7 – Quiet Lists

SoundPrint may display or communicate a “Quiet List,” (or of similar name, including, but not limited to Quiet Spot List, Quiet Venue List, Quiet Restaurant List, Quiet Place List, Quiet Bar List, Quiet Cafe List, Peaceful List, Calm List, Conversation List, Connecting List) suggesting that certain Venues may be more conducive to conversation. This Quiet List is the sole and exclusive property of SoundPrint LLC. You may not distribute, modify, transmit, reuse, download, repost, copy or use this Quiet List, whether in whole or in part, for commercial purposes or for personal gain, without the express advance written permission from us.

Additionally, SoundPrint LLC makes no guarantees as to the accuracy or reliability of any of the information contained on the Quiet List. The Quiet List is compiled from information submitted by Users and we cannot independently confirm any data. You represent and warrant that any reliance on the Quiet List is done at your own risk. We disclaim any liability or responsibility for any inaccuracy found in the Quiet List.

Article 8 – User Recommendations

SoundPrint permits Users to provide recommendations on the sound level of a location through the SoundPrint Services. SoundPrint LLC expressly disclaims any responsibility or liability for inaccuracies or errors in information provided about particular Venues or locations. We do not warrant or affirm any User recommendations. You are ultimately responsible for determining the appropriateness of a particular Venue or location for you or your needs. We are not liable for any damage, loss, health issues, or other problems which may arise from your use or misuse of our Services.

Article 9 – Account Information

You may use SoundPrint anonymously or you may register with us. If you choose to use SoundPrint anonymously, you may still upload Sound Level Submission Data.

If you choose to register with SoundPrint, you provide a username, an email address and a password. Your username is what other Users see next to any comments or nominations you post in the Mobile Application; on the SoundPrint Website, comments are displayed without any author name. Your email address is never displayed publicly. These registration methods, excluding anonymous submissions, will be linked to your Sound Level Submission Data.

You are responsible for ensuring the continued accuracy of your account information. This information will enable you to use SoundPrint and the Services on a regular basis. You must not share such identifying information with any third party, and if you discover that your information has been compromised, you agree to notify us immediately in writing. An email notification will suffice to info@soundprint.co. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password.

You are responsible for maintaining the safety and security of your information, as well as keeping us apprised of any changes to your information. Providing false or inaccurate information, or using SoundPrint or the Services to further fraud or unlawful activity, is grounds for immediate termination of your account and this Agreement with you.

For additional information regarding our collection of information, please refer to our Privacy Policy available at https://www.soundprint.co/privacy-policy/.

Article 10 – Removal Requests

Venues tagged on SoundPrint have a right to request removal of submissions tagged to their Venue, and of any estimated sound level displayed for their Venue. SoundPrint does not guarantee that any Venue will be removed from the SoundPrint database, but SoundPrint will consider every removal request, especially as such requests relate to the internal rules and policies of the Venue requesting removal. Each request is reviewed individually and decided by SoundPrint at its sole discretion. A request must identify a single named Venue and must come from a person authorized to act for that Venue; SoundPrint may require proof of that authority. SoundPrint does not act on requests covering multiple Venues, chains, portfolios, or categories of Venue. SoundPrint represents and warrants that it does not collect photographs, video, or other identifying information from any patron at any Venue. SoundPrint records audio only where a User has turned on Audio Consent, as described in Article 4, and only as ambient sound accompanying a measurement. Users agree not to record conversation, and a recording that captures discernible conversation is deleted on request. Recordings are never made public. Otherwise, SoundPrint and the Services exist as a platform for Users to measure the decibel level information of their environment and voluntarily communicate their location when the measurement was taken. Regardless, Venue owners may request removal of their information from the SoundPrint database by emailing info@soundprint.co. SoundPrint will respond to each request within a reasonable timeframe but in no event later than two weeks of receiving a request that meets the requirements of this Article. Please be advised, however, that if SoundPrint does remove data associated with your Venue and additional data is later submitted and tagged to that Venue, you will need to contact us again.

Article 11 – Venue-specific Disclaimer

As SoundPrint exists as a platform to allow User submission of sound level data, SoundPrint cannot and does not confirm, verify, individually monitor, or otherwise make any representations or warranties with regard to any Sound Level Submission Data. As discussed in Article 5 of this Agreement, the SoundPrint Service uses the decibel meter to attempt to measure the approximate decibel level in particular Venues and allows Users to submit data as such.

SoundPrint does not warrant as to the accuracy or veracity of any Sound Level Submission Data found on the SoundPrint Website or Mobile Application nor does SoundPrint make any claims with respect to any Venue or the Sound Level Submission Data associated therewith.

As such, SoundPrint disclaims any and all responsibility for the submissions, posting, conduct, communications or other action or inaction of any User. We are not liable to any Venue for any loss, damage, expenses, fees, or other claims of any kind associated with our Services or the use or misuse of our Services by any User. SoundPrint shall specifically not be liable for any of the following (the below list shall be considered non-exhaustive and illustrative):

Claims against any Venue by any local, state, or federal governmental agency regarding or referencing SoundPrint or our Services;
Claims by any Venue employee, contractor, or other worker regarding or referencing SoundPrint or our Services;
Claims by any association or group on behalf of any Venue or group of Venues, or any individual or group of individuals referencing SoundPrint or our Services;
Claims by any individual Venue referencing SoundPrint or our Services.

The sole and exclusive recourse for any Venue regarding any of the SoundPrint Services is to request removal as outlined in Article 10 of this Agreement.

Article 12 – License to Use Mobile Application

The Company may provide you with certain materials as a result of your use of SoundPrint or the Services. Such materials may include, but are not limited to, the entirety of the app, documentation, data, or information developed by the Company, and other materials which may assist in your use of SoundPrint or the Services (“Company Materials”). Subject to this Agreement, the Company grants you a personal, non-exclusive, limited, non-transferable and revocable, worldwide and royalty-free license, to use the Company Materials solely in connection with your use of SoundPrint and the Services. The Company Materials may not be used for any other purpose and this license terminates upon your cessation of use of SoundPrint or the Services or at the termination of this Agreement.

SoundPrint or its Services may not be used for any commercial or research purposes without the explicit written permission of SoundPrint LLC. You may not, for business or research purposes, distribute, communicate, modify, transmit, reuse, download, repost, copy or use any of the data associated with any venue that originates from or is derived from User Contributions, whether in whole or in part, without the express advance written permission from us.

For the purposes of this Article, you use a venue’s data if you use any of the following: any SoundCheck measured at that venue, including its sound level measurements and any accompanying user input, such as a noise complaint, a Quiet List nomination, a User Rating, an assessment of conversational ability or of how occupied the venue was; any comment associated with that venue; any estimated sound level SoundPrint displays for that venue; and any averaged, aggregated, or otherwise derived value calculated from one or more SoundChecks, including the venue’s displayed or average sound level, any sound score or rating, any Quiet List in which that venue appears, and any ranking, list, or other output derived from them (collectively, “Venue Data”).

You may not use Venue Data to train, fine-tune, evaluate, or otherwise develop any machine learning model, artificial intelligence system, or algorithm, whether for commercial or non-commercial purposes, without a written license from SoundPrint LLC or our express advance written permission. You may not distribute, publish, or commercialize any model so developed or any output of it. Nothing in this paragraph restricts the Company’s own use of User Contributions under Article 6, including the audio licensing described in Article 4.

Commercial use of SoundPrint data requires a written license from SoundPrint LLC, and license fees are set by agreement with the Company. Any person or entity that, without a written license or our express advance written permission, uses SoundPrint data (including any Quiet List) for a commercial purpose, or publishes or distributes SoundPrint data obtained for a research purpose, agrees to pay SoundPrint LLC a minimum license fee of $50.00 (fifty dollars) for each venue whose data is used, and not less than $2,500 (two thousand five hundred dollars) in the aggregate for each instance of unlicensed use. These amounts are minimums and not caps, and nothing in this Article limits the fee the Company may charge under a negotiated license. The Parties agree that these amounts are a license fee for the use obtained and are not a penalty or a measure of damages for breach, and that they are in addition to, and not in place of, injunctive relief and any other remedy available to the Company.

Nothing in this Article entitles any User to payment for their User Contributions, which are licensed to the Company royalty-free under Article 6.

Nothing in this Article prevents you from referring to, quoting or citing findings that SoundPrint has published, provided that you attribute them to SoundPrint. If you publish or distribute SoundPrint data or findings, you must attribute them to SoundPrint, and you must require anyone who takes them from you to do the same. Licenses for academic and non-commercial research may be requested at info@soundprint.co.

Article 13 – Intellectual Property

You agree that SoundPrint and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents and other intellectual property, including, but not limited to, SoundPrint LLC, SoundPrint, and any other trademarks or service marks found on the SoundPrint mobile application and website (“Company IP”). The Company IP also includes a copyright in the entirety of the SoundPrint mobile application and website. You agree that the Company owns all right, title, and interest in and to the Company IP, and that you will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

If you feel that any of your intellectual property rights have been infringed or otherwise violated by the posting of information or media by another of our Users, please contact us and let us know.

Article 14 – DMCA Policy

SoundPrint provides Users the ability to self-publish sound level measurements from public Venues to our mobile application. We do not monitor, screen, or otherwise review the content which is uploaded to our servers by Users of the Service.

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from SoundPrint infringe your copyright, you may request removal of those materials (or access to them) from SoundPrint by filling out the form we have available, or by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.
Identification of the copyrighted work you believe to have been infringed or if the claim involves multiple works on SoundPrint, a representative list of such works.
Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the written notice is accurate.
A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

Gregory Scott, PO Box 74, New York, NY 10150, greg@soundprint.co

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on SoundPrint is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Counter-Notification Procedures: If you believe that material you posted on SoundPrint was removed, or access to it was disabled by mistake or misidentification, you may file a counter-notification with us (a “Counter-Notice”) by submitting written notification to our copyright agent designated above. Pursuant to the DMCA, the Counter-Notice must include substantially the following:

Your physical or electronic signature.
An identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access disabled.
Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).
A statement, under penalty of perjury, by you, that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which SoundPrint may be found and accessed) and that you will accept service from the person (or an agent of that person) who provided SoundPrint with the complaint at issue.

The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving the copy of your Counter-Notice.

Please be aware that if you knowingly materially misrepresent that material or activity on SoundPrint which was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

Repeat Infringers: It is our policy in appropriate circumstances to disable and/or terminate the accounts of Users who are repeat infringers.

Article 15 – Acceptable Use Policy

You agree not to use SoundPrint or the Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use SoundPrint or the Services in any way that could damage SoundPrint, the Services, or general business of the Company.

You further agree not to use SoundPrint or the Services:

To harass, abuse, bully, or threaten others or otherwise violate any person’s legal rights;
To violate any intellectual property rights of the Company or any third party;
To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
To perpetuate any fraud;
To engage in, or create any unlawful gambling, sweepstakes, or pyramid scheme;
To publish or distribute any obscene or defamatory material;
To publish or distribute any material that incites violence, hate or discrimination towards any group;
To disseminate any material which contains graphic violence;
To disseminate any material which contains nudity;
To spam or otherwise solicit any Users;
To disseminate any intellectual property, including photos, of any other person without their permission;
To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
To imply any endorsement by the Company;
To provide for, or make the Services available to any third party;
To upload or post anything, including any of the Services, on any file-sharing or similar application or website;
To unlawfully gather information about others;
To create fake accounts or additional accounts in the circumstance that your account has been terminated; or
To impersonate or attempt to impersonate the Company, a Company employee, another User, or any other person or entity (including, without limitation, by using email addresses or Usernames associated with any of the foregoing).

You acknowledge and agree that we may terminate your account at any time if you violate any of the terms of this Agreement, at our sole and exclusive discretion. SoundPrint may also take further action, such as notifying the appropriate authorities, removing any content that you may have posted, or other such action as we deem appropriate. SoundPrint may also stop any transaction which the Company believes may be harmful to the public, or the Company, or otherwise poses any unacceptable risk.

Article 16 – Export Controls

You hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable content. The uploading, posting and/or transferring of software, technology, and other technical data may be subject to the export and import laws of the United States and possibly other countries. You agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations, as well as the Sanctions Control Program of the United States.

Article 17 – Service Changes

At our sole and exclusive discretion, we may offer additional Services, or we may update, modify, or revise any current content and Services. If we do so, this Agreement shall apply to any and all additional Services and/or products, and any and all updated, modified or revised Services unless otherwise stipulated. We hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products at our discretion. You, as the end User, acknowledge, accept, and agree that we shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications, shall constitute your acceptance of such updates, changes and/or modifications. Should you not agree to the updates, revisions, or modifications, you must stop using the SoundPrint mobile application and Services immediately.

Article 18 – Reverse Engineering & Security

You agree not to undertake any of the following actions:

Scan or probe the underlying structure of SoundPrint;
Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on SoundPrint or Services;
Violate the security of SoundPrint or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, User or network;
Use bots, web crawlers, or any similar devices or online tools to access or index data from SoundPrint;
“Scrape” or otherwise attempt to harvest or extract data in violation of this Agreement and applicable law from the SoundPrint Website or Mobile Application;
Attempt to disrupt the experience of other Users on SoundPrint in any way; or
Disseminate any virus or other bad code which could harm SoundPrint, the Services, or any device of any User.

Article 19 – Data Loss

The Company does not accept responsibility for the security or consistency of your account or the Services. While SoundPrint attempts to maintain the safety and security of the Services according to industry standards, no transmission of data via the internet is completely secure. Thus, you agree that your use of SoundPrint or Services is at your own risk.

Article 20 – Indemnification

You agree to defend and indemnify the Company and any of its affiliates (if applicable) and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of SoundPrint or Services, your breach of this Agreement, or your conduct or actions. You agree that the Company shall be able to select its own legal counsel and may participate in its own defense, if the Company wishes.

Article 21 – SPAM Policy

You are strictly prohibited from using SoundPrint or any of the Company’s Services for illegal spam activities, including gathering email addresses, phone numbers, or other personal information from others, and/or sending mass commercial communications.

Article 22 – Third-party Links & Content

The Company may display, include, or make available, third-party content (including data, information, applications, other products, services, and/or materials) or provide links to third-party mobile applications, websites, or services (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. The Company does not assume, and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. We strongly advise you to read the legal User agreements, such as terms and conditions and privacy policies, of any third party websites or mobile applications that you visit.

Article 23 – Modification & Variation

The Company may modify this Agreement from time to time. If we do so, we will change the “Last Modified” date at the top of this Agreement. Where a modification is material, we will give you notice of it, which may be by notice in the SoundPrint mobile application, by email, or by another reasonable means, and SoundPrint may require you to accept the modified Agreement before continuing to use SoundPrint. Modifications take effect when posted or, where we have given notice of a material modification, on the date stated in that notice, and will replace any prior version of this Agreement, unless prior versions are specifically referred to, or incorporated into, the latest version of this Agreement.

You agree that your continued use of SoundPrint after any modification takes effect is a manifestation of your assent to the modified Agreement.

Article 24 – Geographic Scope

SoundPrint LLC is based in the state of Delaware, in the United States, and most SoundPrint Users are located in the United States. SoundPrint is available to Users in other countries, and Users outside the United States submit sound level data and may be featured in content we publish. We make no claims that SoundPrint or any of its content is appropriate or available for use in any particular location. Access to SoundPrint may not be legal by certain persons or in certain countries. If you access SoundPrint from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Article 25 – Service Interruptions

The Company may need to interrupt your access to SoundPrint to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to SoundPrint may be affected by unanticipated or unscheduled downtime, for any reason, but that the Company shall have no liability for any damage or loss caused as a result of such downtime.

Article 26 – Term, Termination & Suspension

The Company may terminate this Agreement with you at any time for any reason, with or without cause. The Company specifically reserves the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Company or a third party, failing to comply with applicable laws or other legal obligations, behaving inappropriately with any other User, and/or disseminating illegal material.

At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect, including, but not limited to, Articles 5, 6, 7, 8, 12, 13, 14, 15, 16, 18, 19, 20, 27, 28, 29, 33.

Article 27 – No Warranties

YOU AGREE THAT YOUR USE OF SOUNDPRINT AND THE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK AND THAT ANY SERVICES PROVIDED BY US ARE ON AN “AS IS” BASIS. THE COMPANY HEREBY EXPRESSLY DISCLAIMS ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE AND THE IMPLIED WARRANTY OF MERCHANTABILITY. THE COMPANY MAKES NO WARRANTIES THAT SOUNDPRINT OR THE SERVICES WILL MEET YOUR NEEDS, OR THAT SOUNDPRINT OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. THE COMPANY ALSO MAKES NO WARRANTIES AS TO THE RELIABILITY OR ACCURACY OF ANY INFORMATION ON SOUNDPRINT OR OBTAINED THROUGH THE SERVICES. YOU AGREE THAT ANY DAMAGE THAT MAY OCCUR TO YOU, YOUR DEVICE, YOUR COMPUTER SYSTEM, OR GENERALLY AS A RESULT OF A LOSS OF YOUR DATA FROM YOUR USE OF SOUNDPRINT OR SERVICES IS YOUR SOLE RESPONSIBILITY AND THAT THE COMPANY IS NOT LIABLE FOR ANY SUCH DAMAGE OR LOSS.

Article 28 – Limitation on Liability

TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY, INCLUDING ANY EMPLOYEES, AFFILIATES, SERVICE PROVIDERS, CONTRACTORS, OR AGENTS, SHALL NOT BE LIABLE FOR ANY DAMAGES THAT MAY OCCUR TO YOU AS A RESULT OF YOUR USE OF SOUNDPRINT OR THE SERVICES, ANY MISUSE OF SOUNDPRINT OR THE SERVICES, OR ANY UNAUTHORIZED USE OR ACCESS OF SOUNDPRINT, BASED ON ANY LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THIS SECTION APPLIES TO ANY AND ALL CLAIMS BY YOU, INCLUDING, BUT NOT LIMITED TO, CONTRACT OR TORT CLAIMS FOR LOSS OF DATA, LOSS OF GOODWILL, LOST PROFITS OR REVENUES, CONSEQUENTIAL, INDIRECT, SPECIAL EXEMPLARY OR PUNITIVE DAMAGES, NEGLIGENCE, STRICT LIABILITY, FRAUD, OR TORTS OF ANY KIND WHETHER SUCH CLAIMS ARE DIRECT OR INDIRECT, AND WHETHER SUCH CLAIMS ARE ALLEGED TO BE FROM YOUR USE OF SOUNDPRINT, YOUR INTERACTION WITH ANOTHER USER, OR YOUR INTERACTION WITH ANY THIRD-PARTY. THE MAXIMUM LIABILITY OF THE COMPANY ARISING FROM OR RELATING TO THIS AGREEMENT IS LIMITED TO THE LESSER OF THE AMOUNT YOU PAID TO THE COMPANY IN THE PRIOR 3 (THREE) MONTHS OR $100.

SOME OR ALL OF THE LIMITATIONS PROVIDED IN THIS SUBSECTION MAY NOT BE APPLICABLE TO YOU, DEPENDING UPON YOUR JURISDICTION.

Article 29 – Claim Limitation

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE, ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE MOBILE APPLICATION, MUST BE COMMENCED WITHIN 1 (ONE) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Article 30 – Customer Service

Should you need to contact SoundPrint in any way for customer service, technical issues, or any other communication required, you may reach us at info@soundprint.co.

Article 31 – Compensation Notice

From time to time SoundPrint displays sponsorship or advertising placements on the Website and in the Mobile Application, for which we may be paid. We create and serve these placements ourselves and we do not use third-party advertising networks. SoundPrint may also receive a fee or other compensation for referring a Venue to an acoustic consultant, supplier or other service provider, including a referral that follows a User Submitted Noise Complaint. Compensation does not determine which Venues we contact, which Venues appear on a Quiet List, or any sound level data, rating or score we display.

Article 32 – Apple and Google Play Application Terms

If you obtained SoundPrint from the Apple App Store, the following applies to you:

This Agreement is explicitly between you and us. Apple is not a party to this Agreement, and will not be liable or responsible in any way for SoundPrint or any content herein;
Apple does not and will not provide any customer support, help, or other assistance with regard to SoundPrint – only SoundPrint can help with any questions, concerns, claims, losses, liabilities, damages, costs, expenses or issues you may face with our application;
Should SoundPrint not conform to any express or implied warranty, you may notify Apple, in which case Apple’s only responsibility will be to refund the purchase price, if applicable;
To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to SoundPrint;
You are hereby acknowledging and agreeing to use SoundPrint only on an Apple-branded product that you own or control, and as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions;
Your license to use SoundPrint is a limited license, provided on a non-transferable, non-sublicensable, non-exclusive basis, and may only be utilized for your personal, non-commercial use, subject to this Agreement;
You acknowledge and agree that should a third party claim arise concerning the SoundPrint application, or the use of the application by you, with respect to an alleged infringement of a third party’s intellectual property rights, that SoundPrint, and not Apple, will undertake the investigation, defense, settlement, and discharge of any such infringement claim or claims;
You represent and warrant that you are not located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as being a terrorist-supporting country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
You acknowledge that in the utilization of the SoundPrint application, you will act in accordance with any applicable third party terms or User agreements which may affect or be affected by the SoundPrint application; and
You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these terms, and upon your acceptance of these terms, Apple has the right (and will be considered to have accepted the right) to enforce these terms against you as a third party beneficiary hereof.

If you obtained SoundPrint from Google Play, the following applies to you: this Agreement is between you and us, and Google is not a party to it and is not liable or responsible in any way for SoundPrint or any content in it; Google does not and will not provide any customer support, help or other assistance with regard to SoundPrint, and only SoundPrint can help with any questions, concerns, claims, losses, liabilities, damages, costs, expenses or issues you may face with our application; and you agree to comply with the Google Play Terms of Service in your use of SoundPrint.

Article 33 – General Provisions

LANGUAGE: All communications made, or notices given pursuant to this Agreement shall be in the English language.
JURISDICTION, VENUE & CHOICE OF LAW: Through your use of SoundPrint or Services, you agree that the laws of the State of Delaware shall govern any matter or dispute relating to or arising out of this Agreement, as well as any dispute of any kind that may arise between you and the Company, with the exception of its conflict of law provisions. In case any litigation specifically permitted under this Agreement is initiated, the Parties agree to submit to the personal jurisdiction of the state and federal courts of New Castle County, Delaware. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non-conveniens or similar doctrine.
ARBITRATION: In case of a dispute between the Parties relating to or arising out of this Agreement, the Parties shall first attempt to resolve the dispute personally and in good faith. If these personal resolution attempts fail, the Parties shall then submit the dispute to binding arbitration, under the Consumer Arbitration Rules of the American Arbitration Association. The arbitration shall be conducted in New Castle County, Delaware. The arbitration shall be conducted by a single arbitrator and such arbitrator shall have no authority to add Parties, vary the provisions of this Agreement, or certify a class. The arbitrator shall be bound by applicable and governing Federal law, as well as the law of the state of Delaware. The allocation of arbitration costs, fees and arbitrator compensation shall be governed by the Consumer Arbitration Rules of the American Arbitration Association. Claims necessitating arbitration under this section include, but are not limited to: contract claims, tort claims, claims based on Federal and state law, and claims based on local laws, ordinances, statutes or regulations. Intellectual property claims by either Party will not be subject to arbitration and may, as an exception to this subpart, be litigated. The Parties, in agreement with this subpart of this Agreement, waive any rights they may have to a jury trial in regard to arbitral claims – i.e. You hereby understand and agree that you are giving up your right to a jury trial or other litigation to assert any claims against the Company. Through this Agreement, you are also relinquishing any right to be engaged in a class action or other group proceeding against the Company. Either Party may bring an individual claim in a small claims court of competent jurisdiction instead of proceeding in arbitration, provided the claim remains in that court and is brought on an individual basis. You may decline the arbitration and class waiver provisions of this subpart by sending written notice to info@soundprint.co, with the subject “Arbitration Opt-Out,” within 30 (thirty) days of the date on which you first accept this Agreement. Your notice must include your username and the email address associated with your account or, if you use SoundPrint without an account, enough information for us to identify your submissions. If you opt out, neither you nor the Company will be required to arbitrate, and the remainder of this Agreement will continue to apply to you. Opting out will not affect your use of SoundPrint in any way. If you do not opt out within 30 (thirty) days, you agree to arbitrate as set out above.
ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and inure to any assignees, administrators, successors, and executors.
SEVERABILITY: If any part or subpart of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and subparts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.
NO WAIVER: In the event that we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or subpart of this Agreement will not constitute a waiver of any other part or subpart.
HEADINGS FOR CONVENIENCE ONLY: Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.
FORCE MAJEURE: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: info@soundprint.co.
ENTIRE AGREEMENT: This Agreement constitutes the entire understanding between the Parties with respect to any and all use of SoundPrint. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of SoundPrint.