A. Definitions

Short version: We use these basic terms throughout the agreement, and they have specific meanings.

1. The “Agreement” refers, collectively, to all the terms, conditions, and notices contained or referenced in this document (the “Terms of Service” or the “Terms”) and all other operating rules, policies, and procedures that we may publish from time to time on the Website.

2. The “Website” refers to PsySonics' website located at PsySonics.co, and all content, services, and products provided by PsySonics at or through the Website and its underlying technology platform. 

3. The “Service” refers to the Website, applications, software, products, and services provided by PsySonics.

4. “The User,” “The Customer,” “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the account; or that directs the use of the account in the performance of its functions. Individual users must be at least 13 years of age.

5. “PsySonics,” “We,” and “Us” refer to PsySonics, P.B.C., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.

6. An “Account” represents your legal relationship with PsySonics. A “User Account” represents an individual User’s authorization to log in to and use the Service and serves as a User’s identity on PsySonics. A “Sound Account” refers to an Account created by a User on behalf of an entity, such as a company, non-profit organization, or group. “A “Tier” represents a specific type of Account, for example the “Starter Tier”, “Pro Tier”, or “Enterprise Tier”.

7. A “Paid Workspace”, where mentioned, refers to both Pro and Enterprise accounts.

8. “Content” refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. “Content” also includes Services. 

9. "Third-Party Services" refer to functionality enabled in the Service that integrates with third parties to support advanced features such as AI assisted code generation.

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B. Account Terms

Short version: User and Sound Accounts have different administrative controls. A human must create your account. You must be at least 13 years old. You must provide a valid external identity. You alone are responsible and legally liable for your account and anything that happens while you are signed in to or using your account. You are solely responsible for keeping your account secure.

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1. Account Controls

• Users. All Users retain ultimate administrative control over their User Accounts, subject to PsySonics' rights stated herein.

 

2. Required Information

You must log in with a valid email address — or a supported identity provider, such as Google, linked to a valid email address — in order to complete the signup process. For User Accounts, any other information requested, such as your real name, is optional.

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If you are entering into this Agreement on behalf of an entity, you represent that you are authorized to enter into the Agreement and bind the entity to these Terms.

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3. Account Requirements

You must create a User Account before you can create a Sound account. The following rules apply to all accounts on PsySonics.

• You must be a human to create an account. Accounts registered by “bots” or other automated methods are not permitted.

• You may not create an Account for the use of anyone under the age of 13. PsySonics does not target our Service to children under 13, and we do not permit any Users under 13 on our Service. If we learn of any User under the age of 13, we will terminate that User’s account immediately. If you are a resident of a country outside the United States, your country’s minimum age may be older. In such a case, you are responsible for complying with your country’s laws.

• Your login may only be used by one person — i.e., a single login may not be shared by multiple people.

 

4. User Account Security

You are responsible for keeping your account secure while you use our Service.

• You are responsible for all activity that occurs under your account.

• You are responsible for maintaining the security of your account. PsySonics cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

• You agree to promptly notify PsySonics if you become aware of any unauthorized use of, or access to, our Service through your Account, by sending an email to support@PsySonics.co.

 

C. Acceptable Use

1. Compliance with Laws and Regulations

Your use of the Website and Service must not violate any applicable laws, including, but not limited to, data privacy laws, copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.

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2. Conduct Restrictions

While using PsySonics, you agree that you will not under any circumstances, and you will not permit any user or third party to:

• reverse engineer, modify, translate, or create works based on any proprietary element of PsySonics or any related PsySonics documentation;

• rent, lease, distribute, sell, sublicense, resell, assign, or otherwise transfer rights to use PsySonics;

• remove any proprietary notices from the PsySonics documentation;

• use PsySonics for any purpose other than its intended purpose;

• interfere with or disrupt the integrity or performance of PsySonics;

• access PsySonics in order to build a competitive product or service or to copy any ideas, features, functions, or graphics of PsySonics;

• attempt to gain unauthorized access to PsySonics or its related systems or networks;

• access or use PsySonics to (1) send or store infringing, obscene, threatening, or otherwise unlawful material, including material violative of third-party privacy rights, (2) in violation of applicable laws, or (3) to send or store material containing software viruses, worms, Trojan horses, or other harmful computer codes, files or scripts;

• harass, abuse, threaten, or incite violence towards any individual or group, including PsySonics employees, officers, and agents, or other PsySonics Users;

• use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;

• attempt to disrupt or tamper with PsySonics' servers in ways that could harm our Website or Service, to place undue burden on PsySonics' servers through automated means, or to access PsySonics' Service in ways that exceed your authorization;

• impersonate any person or entity, including any of our employees or representatives, including through false association with PsySonics, or by fraudulently misrepresenting your identity or site’s purpose; or

• violate the privacy of any third party, such as by posting another person’s personal information.

 

4. Services Usage Limits

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without PsySonics' express written permission.

 

5. Scraping

Scraping refers to extracting data from our Website via an automated process, such as a bot or web crawler. You may scrape the website solely for the following reasons:

• Search engines may scrape public pages on the Website for inclusion into search indexes.

• Archivists may scrape public pages on the Website for archival purposes.

 

You may not scrape PsySonics for spamming purposes, or for the purposes of packaging or selling/reselling content published on the Service that is not owned by you without express written permission to do so by the owner and the Service, or any other purposes not expressly permitted in this Section 5.

 

All use of PsySonics data gathered through scraping must comply with our Privacy Policy.

 

6. Data Collection and Privacy

Misuse of PsySonics Users’ Personal Information is prohibited.

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Any person, entity, or service collecting data from PsySonics must comply with our Privacy Policy, particularly in regards to the collection of our Users’ Personal Information. If you collect any PsySonics User’s Personal Information from PsySonics, you agree that you will only use the Personal Information you gather for the purpose for which our User has authorized it. You agree that you will protect any Personal Information you have gathered from PsySonics in compliance with all applicable laws and regulations, and you will respond promptly to complaints, removal requests, and “do not contact” requests from PsySonics or PsySonics Users.

 

7. User Protection

You agree not to engage in activity that harms our Users. We will resolve disputes in favor of protecting our Users as a whole.

 

D. Privacy

We collect your information only with your consent. We only collect the minimum amount of personal information that is necessary to fulfill the purpose of your interaction with us. We don’t sell your personal information to third parties and we only use it as this Agreement describes or as otherwise required by applicable law.

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Please see our Privacy Policy for more details.

 

H. Intellectual Property Notice

Short version: We own the Website, Service and all of our Content. In order for you to use our Content, we give you certain rights to it, but you may only use our Content in the way we have allowed.

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1. PsySonics' Rights to Content

PsySonics and our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Content, Website and Service. We reserve all rights that are not expressly granted to you under this Agreement or by law. The look and feel of the Website and Service is copyright © PsySonics, P.B.C. All rights reserved. You may not duplicate, copy, or reuse any portion of the sound, HTML/CSS, Javascript, or visual design elements or concepts without express written permission from PsySonics.

 

J. Payment

Short version: You are responsible for any fees associated with your use of PsySonics. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if prices change.

 

1. Pricing

Our pricing and payment terms are available at www.psysonics.co/pricing (unless otherwise negotiated by both parties and stated in an order form). If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.

 

2. Upgrades, Downgrades, and Changes

• We will immediately bill you when you sign up for a paid Sound Account, or at the conclusion of your trial period if the Account had a free trial period associated with it.

• If you change from a monthly billing plan to an annual billing plan, we will immediately bill you for a full year, subtracting any payment you have already made for the remainder of the month.

• You may cancel your service at any time by going into your settings. If you choose to cancel your account, your access will be changed as described in section K.

 

3. Billing Schedule; No Refunds

• For monthly or annual payment plans, the Service is billed in advance on a monthly or annual basis respectively and is non-refundable and not subject to set-off or counterclaim. There will be no refunds for partial months or partial years of service, downgrade refunds, or refunds for months or years unused with an open Paid Sound Account; however, the service will remain active for the length of the paid billing period.

• In order to treat everyone equally, no exceptions will be made.

 

4. Authorization

By agreeing to these Terms, you are giving us permission to charge your on-file credit card or other approved methods of payment for fees that you authorize for PsySonics. 

 

5. Responsibility for Payment

You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay PsySonics any charge incurred in connection with your use of the Service. By using a third-party service integrated with PsySonics, you agree to pay any charge incurred in connection with your use of that service. If you dispute the matter, contact support@PsySonics.co within 30 days or any dispute will be waived. You are responsible for providing us with a valid means of payment for a paid sound account. 

 

K. Cancellation and Termination

Short version: You may cancel your subscription at any time. If you do, we’ll treat your information responsibly.

 

1. Cancellation and Deletion

If you wish to cancel your subscription to one of PsySonics' paid products, it is your responsibility to properly cancel your subscription by emailing support@PsySonics.co.

 

2. Upon Cancellation

A canceled paid account will remain active for the remainder of the current billing period. You may continue to log in to listen. 

You may receive a final, prorated bill between your last paid bill and account cancellation.

Canceled subscriptions may be reactivated at any time, unless canceled by PsySonics for Terms of Service violation.

 

3. Upon Deletion

We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and any other private information stored on PsySonics within 90 days of receiving the deletion request or termination (though some information may remain in encrypted backups). This information can not be recovered once your account is deleted.

 

4. PsySonics May Terminate

PsySonics has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. PsySonics reserves the right to refuse service to anyone for any reason at any time and to modify the Website, Services and Content in its sole discretion.

 

5. Survival

All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

 

L. Communications with PsySonics

Short version: We use email and other electronic means to stay in touch with our users.

 

1. Electronic Communication Required

For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

 

2. Legal Notice to PsySonics Must Be in Writing

Communications made through email or any electronic messaging system will not constitute legal notice to PsySonics or any of its officers, employees, agents or representatives in any situation where notice to PsySonics is required by contract or any law or regulation. Legal notice to PsySonics must be in writing and served on PsySonics' legal agent.

 

3. No Phone Support

PsySonics only offers support via email, in-Service communications, and electronic messages. We do not offer telephone support.

 

M. Disclaimer of Warranties

Short version: We provide our service as is, and we make no promises or guarantees about this service.

PsySonics provides the Website and the Service “as is” and “as available,” without warranty of any kind.

 

Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy, and non-infringement to the fullest extent allowed by law.

PsySonics does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. 

 

1. Third-Party Services

Certain features and functionalities within the Service may allow you and your authorized users to interface or interact with, access and/or use compatible third-party services, products, technology and content (collectively, “Third-Party Services”) through the Service. PsySonics does not provide any aspect of the third-party services and is not responsible for any errors, compatibility issues or bugs in the subscription services or third-party services caused in whole or in part by the third-party services or any update or upgrade thereto.

 

Further, PsySonics does not warrant or endorse and does not assume and will not have any liability or responsibility to you or any other person for any loss, liability, or damages of any kind arising from or related to any third-party services, even if such third party services are purchased using an PsySonics order form.

 

You are solely responsible for entering into agreements to access and use the Third-Party Services, maintain the Third-Party Services and otherwise obtaining any associated licenses and consents necessary for you to use the Third-Party Services. The Third-Party Services’ terms will govern the relationship between you and the vendor of such the Third-Party Service, and as between PsySonics and you, you are solely responsible for complying therewith. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party services even if such third party services are purchased through an PsySonics order form.

 

N. Limitation of Liability

To the maximum extent permitted by applicable law, each party’s total cumulative liability to the other party or any third party under this Agreement from all causes of action and all theories of liability will be limited to and will not exceed the fees you’ve actually paid us during the 24 months preceding the claim giving rise to such liability. This limitation does not apply to your misappropriation of PsySonics intellectual property, damages resulting from your gross negligence, willful misconduct, or violation of law, or to the indemnification obligations below.

 

You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, including, but not limited to, those that result from

• the use, disclosure, or display of your User-Generated Content;

• your use or inability to use the Service;

• any modification, price change, suspension or discontinuance of the Service;

• the Service generally or the software or systems that make the Service available;

• unauthorized access to or alterations of your transmissions or data;

• statements or conduct of any third party on the Service;

• any other user interactions that you input or receive through your use of the Service; or

• any other matter relating to the Service.

 

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

 

O. Release and Indemnification

Short version: You are responsible for your use of the service, and any integrated third-party services that you configure in your workspace. If you harm someone else or get into a dispute with someone else, we will not be involved.

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If you have a dispute with one or more Users, you agree to release PsySonics from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

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You agree to indemnify, defend, and hold PsySonics harmless from and against any and all claims, liabilities, and expenses, including attorneys’ fees, arising out of your use of the Website, the Service, and any integrated third-party solutions, including but not limited to your violation of this Agreement. PsySonics will (1) promptly give you written notice of the claim, demand, suit or proceeding; (2) give you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases PsySonics of all liability and imposes no obligation on PsySonics); and (3) provide to you all reasonable assistance in the defense of the claim, at your expense.

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P. Changes to These Terms

Short version: As PsySonics grows and continues to add features, we may update these Terms of Service. When a material change is made, we’ll post notice of the update on the terms.

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We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Website constitutes agreement to our revisions of these Terms of Service.

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When a material change to the Terms of Service is made, we will post a notice of the update on the Website.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.

 

Q. Miscellaneous 

1. Governing Law 

Except to the extent applicable law provides otherwise, this Agreement between you and PsySonics and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions. You and PsySonics agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Asheville, North Carolina.

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2. Non-Assignability

PsySonics may assign or delegate these Terms of Service, in whole or in part, to any person or entity at any time with or without your consent, including the license grant in Section E.4. You may not assign or delegate any rights or obligations under the Terms of Service without our prior written consent, and any unauthorized assignment and delegation by you is void.

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3. Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

 

4. Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent. The remaining portions will remain in full force and effect. Any failure on the part of PsySonics to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

 

5. Amendments; Complete Agreement

This Agreement may only be modified by a written amendment signed by an authorized representative of PsySonics, or by the posting by PsySonics of a revised version in accordance with Section P. Changes to These Terms. These Terms of Service represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and PsySonics relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.

 

Questions about the Terms of Service? Contact us at support@PsySonics.co.

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