Terms of Service

Terms of Service
The following terms of service (“Terms”) govern the relationship between you and EXDREAM Inc., a Japanese company whose contact details are provided in the “Contact Us” section below (referred to as “EXDREAM”, “us”, “we”, or “our”). These Terms apply to your usage of the Soundemy applications, services, products, websites, and any related content and software (collectively, the “Services”). Additionally, the use of the Services is subject to Soundemy’s Privacy Notice (“Privacy Notice”) and other pertinent policies.

It’s important to note that these Terms, along with the Privacy Notice and all integrated policies and guidelines, constitute a legally binding agreement (the “Agreement”) between you and Soundemy regarding your use of the Services. We strongly advise you to read these documents thoroughly. The current and enforceable version of the Agreement is accessible on the Soundemy website.

1・Eligibility to Use the Services
Before accessing or utilizing our Services, you must accept the terms of this Agreement. This may also entail registering an account on the Services.
By registering for an account or using the Services in any capacity, you confirm that you are of legal age in your country of residence, or are otherwise legally capable of entering into binding agreements, such as this Agreement, as per applicable laws. If you are a minor or not legally permitted to enter into binding agreements, you must have your parent or legal guardian review and agree to this Agreement on your behalf.
BY INSTALLING, REGISTERING FOR, USING, OR OTHERWISE ACCESSING THE SERVICES, OR ANY PART THEREOF, YOU CONSENT TO THE TERMS OF THIS AGREEMENT. If you disagree with these Terms, please refrain from installing, using, or accessing the Services or their content. Note that the use of the Services is prohibited where legally restricted.
IF YOU ARE A PARENT OR GUARDIAN WHO CONSENTS TO YOUR CHILD’S USE OF THE SERVICES, YOU AGREE TO ABIDE BY THESE TERMS OF USE FOR THEIR USAGE. You also accept full responsibility for any unauthorized use of the Services by minors associated with your account.

2・Inquiries
For any questions or concerns regarding this Agreement, please reach out to us at the following address:

EXDREAM Inc.
Address: 5-2-901, Nibancho, Chiyoda-ku, Tokyo 102-0084, Japan
Email: info@soundemy.me

3・Modifications to the Agreement
Soundemy reserves the right to modify, change, or remove portions of this Agreement, including these Terms, the Privacy Notice, or any other relevant policies, in response to evolving legal, regulatory, technological, or business requirements.
Changes will be communicated via posting on the Soundemy Services or through other appropriate notification methods, including email.
Your continued use of the Services after such modifications will imply your acceptance of the revised Agreement. If you disagree with the amended terms or no longer consent to any part of the current version of the Agreement, you must cease using the Services immediately.

4・Right to Use the Services
Rights Granted to You
Soundemy and its licensors own all rights to the Services and their content. You are granted a limited right to use the Services, including accessing and using applications, music, videos, pictures, and other materials available through the Services, subject to the conditions outlined in this Agreement.
Upon your acceptance and continued compliance with these Terms and the Agreement, Soundemy provides you with a non-exclusive, non-transferable, and non-sublicensable license for personal, non-commercial use of the Services and related software (executable version only) and any Service Content.
The Services and Service Content are licensed, not sold or transferred to you. Even after downloading or installing on your device, the software, content, or other materials remain the property of Soundemy and its licensors.
Usage of the Services, Service Content, or any part thereof, is restricted to the permissions explicitly granted by this Agreement. You are prohibited from using the Services for public performances and from copying, modifying, sharing, or transferring any part of the Services unless specifically allowed by Soundemy.
This license remains valid until terminated by either you or us and is automatically revoked upon violation of these Terms or the Agreement.

Availability and Changes to the Services
Soundemy does not guarantee continuous availability of the Services, Service Content, or any parts thereof. The Services may occasionally be unavailable due to technical, maintenance, or other issues. Some Services or Service Content may be available only for limited periods, such as content related to artist partnerships or early access to test versions of the Services.
Service Content availability may vary geographically and change over time due to technological advancements, changes in Soundemy’s business model, or consumer preferences.
Soundemy reserves the right to add, change, modify, discontinue, update, remove, or suspend any Services, Service Content, or parts thereof. Reasons for such changes include, but are not limited to, adapting to business or technological developments, contractual changes with third parties, addressing misconduct or breaches of the Agreement, or complying with legal, regulatory, security, or user safety requests.
Changes or modifications may necessitate acceptance, downloading, and/or installation of updates to continue using the Services. Failure to comply with update requirements may result in the inability to access or use the Services, Service Content, or parts thereof.

Compatibility
Some Services may not be compatible with, or have limited functionality on, various mobile devices, computers, and operating systems. It is your responsibility to ensure that you have a compatible device if you wish to use the Services.
Accessing the Services requires an internet connection, which you must obtain and pay for yourself.
Please be aware that the Services may include third-party software, such as open-source software libraries. These are subject to their respective terms and conditions, which can be found in the settings of the mobile application.

Ownership
Soundemy does not confer any ownership rights to you regarding the Services, Service Content, or any part thereof. All rights, titles, and interests in the Services, including but not limited to titles, computer code, graphics, images, audio/video content, designs, concepts, methods of operation, themes, advertising copy, logos, domain names, trade names, trademarks, service marks, trade identities, accounts, and other copyrightable material, along with the “look and feel” of the Services, the compilation, assembly, and arrangement of the materials, and all other Service Content and applications, are owned, controlled, or licensed by Soundemy.
These elements are protected from unauthorized use, copying, and dissemination by various laws, rules, regulations, and international treaties, including copyright, trademark, patent, trade secret, publicity, and other relevant laws.
Copyrights for third-party content featured on the Services belong to their respective owners.
All Soundemy trademarks, service marks, trade names, domain names, logos, and other brand features are the exclusive property of Soundemy. Unauthorized display of our Services or content, including framing or in-line linking, is prohibited without our prior express written consent.

5・User Account
Account Creation
Some Services may require or allow you to create or register an account (“Account”), while others do not necessitate one. When setting up an Account, you may need to choose a password or use other credentials for access (“Login Information”).

Login Information Verification
You consent to and authorize us to verify your Login Information as necessary for your use of and access to the Services.

Account Security
It is your responsibility to keep your Account and Login Information confidential and secure. You agree not to share your Account or Login Information and to take steps to prevent unauthorized access to your Account.

Responsibility for Account Activity
You are responsible for all activity on your Account, including purchases, regardless of whether they were authorized by you. If you believe your Login Information or Account has been compromised, you must promptly notify Soundemy and update your Login Information.

Soundemy’s Rights
Soundemy reserves the right to refuse registration or limit access to the Services at its discretion. We may, without limitation to other remedies, remove any Login Information, and suspend, terminate, modify, or delete your Account or access to the Services or parts thereof, with or without notice, if you fail to comply with this Agreement, engage in illegal or improper use of the Services, or for any other reason.

Consequences of Account Termination
Termination or limitation of your Account may result in the loss of your username, any earned items, privileges, and purchased items associated with your use of the Services. Soundemy is not obligated to compensate you for any such losses.

6・Payment Policy
Access to Services
Some parts of the Services are available for free, while access to other services and products may require payment (referred to as “Paid Content”). The fees for Paid Content may involve one-time payments or recurring subscriptions, as detailed in the respective Services’ descriptions.

Authorization of Charges
By accessing, buying, or subscribing to Paid Content, you authorize us to charge your credit card or another approved payment method for all applicable costs and charges. You are responsible for all fees and charges incurred, including taxes, and for all subscriptions and purchases made by you, through your account, or by anyone using your Account(s).

Use of Third-Party Payment Processors
We may use third-party payment processors for transactions within the Services. Purchases made through third-party app stores, like the Apple App Store or Google Play Store, are subject to the respective third party’s payment policies.

Payment Information
To access Paid Content, you must provide valid and accepted payment information. If your payment method is declined, you will need to update your payment information to maintain access to Paid Content. Access to Paid Content is granted once the initial payment is processed.

Trials
We may offer a trial period for Paid Content (“Trial Period”) either without payment or at a reduced rate. The terms of the Trial Period, including its duration and conditions, may vary depending on the type of subscription and promotional offers.
We reserve the right to determine eligibility for Trial Periods and may modify or cancel them at any time without notice, within the bounds of applicable law.
To start a Trial Period, valid payment information may be required. By providing this information, you agree to automatic billing for the Paid Content at the end of the Trial Period, on a recurring basis, unless you cancel the subscription prior to the Trial Period’s end. If you do not wish to incur charges, you must cancel your subscription to the Paid Content before the Trial Period concludes. Cancellation of the subscription reverts your Account to the free access level of the Services.

Billing, Renewals, and Cancellations
The subscription fee for auto-renewable plans may be billed as a one-time payment for the entire period (e.g., 1, 3, 6, or 12 months) or in monthly installments, charged in advance each month.
Pricing and terms may vary based on promotions, subscription type, and the period selected at purchase.
Renewal rates may be higher if your subscription began with a promotional or trial offer.
If payments don’t settle on the due date, billing dates or terms may change. We will inform you of any changes via email.
By subscribing to auto-renewable Paid Content, you authorize automatic renewal and charge for renewal periods using your provided payment information unless canceled before the current period ends. Cancellations can be made through account settings or our support for subscriptions purchased on our site. For third-party purchases (e.g., Apple App Store, Google Play Store), follow their terms for cancellations.
Payments are FINAL and NON-REFUNDABLE, except as required by law or stated otherwise.

Withdrawal
For paid subscriptions, you may withdraw and receive a full refund within eight days of purchase, provided you haven’t accessed the paid services during this period.
Inform us of your decision to withdraw with a clear statement by emailing support@Soundemy.me.

Price Changes
We may change prices occasionally. If your subscription’s price changes, we’ll notify you in advance and give you a chance to review the changes.
Price changes take effect in the next subscription period after the change is announced.
Continuing to use the Services after a price change signifies your acceptance. If you do not agree, you have the right to cancel your subscription before the new price takes effect.

Codes, Gift Cards, and Other Prepaid Products
Codes, gift cards, or other prepaid products allow access to Paid Content for a specified period, after which the order terminates automatically.
Additional terms may apply to these products. In case of conflict, supplemental terms take precedence over this Agreement.

7・Third Party Links
The Services may include links to or direct you towards third-party websites, services, content, or resources (“Third Party Services”).
Soundemy does not control, endorse, or assume responsibility for any Third Party Services, including the materials or content available through such services.
The presence of a link to Third Party Services does not imply Soundemy’s endorsement or promotion of these services, nor of any features or content provided there.
These Third Party Services operate under their own terms of service, and we recommend that you review these terms if you choose to access any Third Party Services.
The respective third parties are fully responsible for their services, including all materials, content, goods, and services they provide. They are also responsible for any damages, claims, or liabilities that may arise from your use of their services, whether directly or indirectly.

8・User Content
User Content in the Services
Users can publish or add content to the Services, including various forms of communication and materials submitted through applications, websites, email, blogs, message boards, forums, and similar platforms.
You are solely responsible for your User Content.
User Content is considered non-confidential and nonproprietary, as detailed in the Privacy Notice. We cannot guarantee the confidentiality of your ideas if shared in the Services.
Soundemy is not obliged to review, monitor, maintain, or exploit User Content and assumes no responsibility for inappropriate User Content. User use of the Services is at their own risk.
Soundemy does not endorse any User Content or the opinions, recommendations, or advice expressed therein.
Copyright infringing activities or infringement of intellectual property or third-party rights are not permitted on the Services.

Rights You Grant
You retain all ownership rights in your User Content.
In exchange for using the Services, you grant Soundemy an irrevocable, perpetual, sublicensable, transferable, worldwide, royalty-free, non-exclusive license to use your User Content in various ways, including reproduction, distribution, modification, public display, and creation of derivative works.
You grant Soundemy the right to sublicense these rights to third parties. You waive any rights of attribution and moral rights, to the extent permitted by law.
Each user of the Services is granted a non-exclusive license to access and use your User Content as permitted by the Services’ functionality and these Terms.

Unsolicited Idea Submission Policy
You agree that Soundemy is free to use any ideas, suggestions, feedback, concepts, know-how, or techniques contained in any User Content you submit, for any purpose, including development, production, marketing, and exploitation of products and services, without compensation.

9・Use Restrictions
Prohibited Activities
You agree not to engage in any of the following activities:
・Use the Services in a way that violates this Agreement or any applicable laws or regulations.
・Post or link to material that includes offensive comments related to race, national origin, gender, sexual preference, or physical handicap; contains profanity, obscene, indecent, pornographic, or otherwise objectionable content or language; or engage in ongoing toxic behavior.
・Use the Services to distribute material or information that infringes copyrights, patents, trademarks, or other intellectual property, privacy, publicity rights, or any contractual or other rights.
・Disrupt or interfere with the normal flow of the Services or negatively affect other users’ experiences.
・Reveal anyone’s private or personally identifiable information within the Services.
・Use the Services for fraudulent purposes, impersonation, or misrepresentation of affiliation with a person or entity.
・Harass, abuse, or harm another person or group, including Soundemy employees and representatives.
・Use the Services for unauthorized commercial activities, including fundraising, advertising, pyramid schemes, or spam emails.
・Attempt to gain unauthorized access to the Services, other accounts, or connected networks.
・Attempt to reverse engineer, decompile, disassemble, or hack the Services, unless authorized by law.
・Use automated systems, cheats, or unauthorized third-party software to modify or interfere with the Services.
・Harvest or scrape information about the Services or its users.
・Cover or obscure any notices, banners, or advertisements on the Services.
・Engage in any activity that conflicts with the spirit or intent of this Agreement or the Services, or misuse Soundemy’s support services.
Soundemy reserves the right to take appropriate action against any of the above behaviors. This includes terminating your Account and prohibiting you from using the Services, wholly or partially.

10・Disclaimer of Warranties
Service and Software Provision
The Services and Software are provided “AS IS” and on an “AS AVAILABLE” basis. Your use of the Services and Software is at your own risk.
We disclaim all express or implied warranties or conditions of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not guarantee that the material, content, products, or services offered through the Services are accurate, complete, appropriate, reliable, or timely.
We do not warrant that the Services will meet your requirements, be uninterrupted, error-free, free of viruses, malicious code, other harmful components, or be secure.

Jurisdictional Variations
Some jurisdictions do not permit the exclusion of certain warranties or disclaimers. As a result, some of the above exclusions may not apply to you, and these exclusions apply only to the extent permitted by the laws of such jurisdictions.

Legal Guarantees in the EEA
For users based in the European Economic Area (EEA), certain legal guarantees apply to the Services we provide. Under these guarantees, Soundemy may be liable for any lack of conformity of the Services, as defined by applicable law.
This liability applies (i) within a two-year period from any one-time supply of the Services, or (ii) at any time during any continuous supply of the Services.

11・Limitation of Liability
To the fullest extent permitted by law, Soundemy is not liable for any direct, indirect, incidental, special, punitive, consequential, or similar damages arising from this Agreement or the use of the Services. This includes damages to property, personal injuries, loss of goodwill, lost profits, device failure, or malfunction.
Soundemy is not liable for the conduct of third parties, including other users and external site operators. The risk associated with the Services and external sites is solely yours.
Soundemy’s liability to you will not exceed the amount you have paid to Soundemy in the six months preceding your claim. If you haven’t made any payments, your remedy is to stop using the Services and cancel your account.
Some jurisdictions do not allow certain limitations of liability; in such cases, the limitations apply to the extent permitted by law.
These limitations of liability will survive any termination of your account(s), Agreement, or the Services.

12・Indemnification
You agree to defend, indemnify, and hold harmless Soundemy, its affiliates, and their respective officers, directors, employees, agents, licensors, and third-party providers from all claims and expenses, including attorneys’ fees, arising from your use of the Services or any use by someone using your login information.
These indemnification obligations will survive the termination of your account(s) or the Services.

13・Force Majeure
Soundemy is not liable for delays or failures to perform due to causes outside its reasonable control. This includes acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

14・Termination
You may terminate this Agreement by deleting your Account and ceasing to use the Services. Note that if you terminate during an active subscription period, you are not entitled to refunds for the unexpired portion, unless required by law.
Soundemy may limit, suspend, terminate, or modify your Account or access to the Services at any time for various reasons, including repeat infringement, breach of the Agreement, discontinuation of the Services in your jurisdiction, or other reasonable circumstances, with or without notice.
Accounts inactive for 180 days without an active paid subscription may be terminated.
Soundemy reserves the right to discontinue or cease support for the Services or parts thereof, without obligation for refunds or compensation, except as required by law. Reasonable advance notice will be provided where possible.
Upon termination, you must cease all use of the Services. Certain obligations and liabilities under the Agreement may survive termination.

15・Governing Law and Dispute Resolution
If disputes arise, contact us directly at support@soundemy.me for resolution.
This Agreement is governed by the laws of Japan. Any claims or disputes against Soundemy must be resolved exclusively in Tokyo, Japan. Claims must be brought in an individual capacity, not as a plaintiff or class member in any class or representative proceeding.

16・Assignment, Severability, and Entire Agreement
Soundemy may assign this Agreement without your consent. You cannot assign your rights or obligations without Soundemy’s written consent.
If any part of the Agreement is deemed invalid or unenforceable, it will not affect the validity or enforceability of the rest of the Agreement.
Failure to enforce any part of the Agreement is not a waiver of Soundemy’s rights.
This Agreement constitutes the entire agreement between you and Soundemy regarding the Services, superseding all prior agreements and understandings.

17・Apple-Specific Terms
These additional terms apply if you access the Services via Apple’s App Store or use the Services on an iOS device.
You acknowledge that these Terms are between you and Soundemy, not Apple. Soundemy, not Apple, is responsible for the Services and their content.
Soundemy is responsible for providing maintenance and support for the Services. Apple has no obligation to provide such services.
In case of Services’ non-conformity with warranties, you may notify Apple, and Apple may refund the purchase price for the Services, if any. Apple has no further warranty obligations.
Soundemy is responsible for addressing any claims related to the Services, including product liability claims, legal/regulatory compliance, and consumer protection or privacy laws.
Apple is not responsible for the investigation, defense, settlement, or discharge of intellectual property infringement claims related to the Services.
You represent that you are not in a U.S. embargoed region or on any U.S. Government list of prohibited or restricted parties.
You agree to comply with applicable third-party terms when using the Services.
Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance, Apple has the right to enforce these Terms against you as a third-party beneficiary.