SoundCheck
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Terms of Service for SoundCheck

Effective Date: November 13, 2025 Last Updated: November 13, 2025

1. Agreement to Terms

By creating an account or using the SoundCheck mobile application (“App,” “Service,” “SoundCheck,” or “we”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App.

1.1 Binding Agreement

These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and SoundCheck. Your use of the Service confirms your acceptance of these Terms.

1.2 Age Requirements

You must be at least 13 years old to use SoundCheck. By using the App, you represent and warrant that you are at least 13 years of age.

1.3 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or in-app notification. Continued use of the App after changes constitutes acceptance of the modified Terms.

2. Description of Service

2.1 What SoundCheck Provides

SoundCheck is a mobile application that enables users to:

  • Discover concert venues and live music spaces
  • Browse and search for bands and musical artists
  • Check in at shows and rate venues and bands
  • Rate venues and bands on multiple criteria
  • Share experiences and connect with other music enthusiasts
  • Track personal concert history and favorites

2.2 Service Availability

  • The App is provided “as is” and “as available”
  • We do not guarantee uninterrupted or error-free service
  • We may suspend or terminate the Service for maintenance or improvements
  • We reserve the right to modify or discontinue features at any time

3. Account Registration and Security

3.1 Account Creation

To use most features of SoundCheck, you must create an account by providing:

  • A valid email address
  • A username
  • A secure password

3.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your password
  • All activities that occur under your account
  • Notifying us immediately of unauthorized access
  • Using a strong, unique password

3.3 Account Accuracy

You agree to:

  • Provide accurate, current, and complete information
  • Update your information to keep it accurate
  • Not impersonate another person or entity
  • Not use another user’s account without permission

3.4 One Account Per Person

  • You may only create one account per email address
  • You may not create multiple accounts to circumvent restrictions
  • Violation may result in account termination

4. User Conduct and Content

4.1 Acceptable Use

You agree to use SoundCheck only for lawful purposes. You will not:

Prohibited Content:

  • Post false, misleading, or fraudulent check-ins
  • Upload obscene, offensive, or hateful content
  • Share content that infringes intellectual property rights
  • Post spam, advertisements, or promotional material
  • Upload malware, viruses, or malicious code
  • Share personal information of others without consent

Prohibited Behavior:

  • Harass, threaten, or abuse other users
  • Manipulate ratings or check-ins (vote manipulation)
  • Create fake accounts or impersonate others
  • Scrape or harvest data from the App
  • Interfere with the Service’s operation
  • Circumvent security measures or access controls

4.2 User-Generated Content

When you post content (check-ins, comments, photos) on SoundCheck:

Your Responsibilities:

  • You are solely responsible for your content
  • You must have the right to post the content
  • You must not violate any laws or third-party rights
  • You must comply with these Terms

Your Grant of Rights:

By posting content, you grant SoundCheck:

  • A worldwide, non-exclusive, royalty-free license
  • The right to use, reproduce, modify, and display your content
  • The right to distribute your content through the App
  • The right to sublicense these rights to service providers

This license continues even if you delete your account, for content that has been shared or distributed.

Content You Retain:

  • You retain ownership of your original content
  • You can delete your content at any time
  • Deletion may not affect content already shared by others

4.3 Check-ins and Ratings

When submitting check-ins:

Guidelines:

  • Check-ins must be based on genuine personal experience
  • Check-ins must be honest and factual
  • You may not accept compensation for positive check-ins or ratings
  • You may not post fake or misleading check-ins
  • You may not check in to your own business fraudulently
  • Check-ins must comply with our Community Guidelines

Consequences of Violations:

  • Removal of offending content
  • Account suspension or termination
  • Legal action if necessary

4.4 Photos and Media

When uploading photos:

  • You must own the photo or have permission to upload it
  • Photos must be relevant to the venue or band
  • Photos must not contain inappropriate content
  • Photos must not violate others’ privacy
  • We may remove photos that violate these Terms

5. Intellectual Property Rights

5.1 SoundCheck’s Intellectual Property

The App and its content (excluding user-generated content) are protected by copyright, trademark, and other intellectual property laws.

We Own:

  • The SoundCheck name, logo, and branding
  • The App’s design, layout, and user interface
  • The App’s code, software, and technology
  • All original content created by SoundCheck

You May Not:

  • Copy, modify, or reverse-engineer the App
  • Use our trademarks without permission
  • Create derivative works based on our App
  • Remove copyright or proprietary notices

5.2 Limited License to Use the App

We grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Download and install the App on your personal device
  • Use the App for personal, non-commercial purposes
  • Access and view content on the App

This license does not permit:

  • Commercial use without our written permission
  • Redistribution or resale of the App
  • Modification or derivative works
  • Use in any way that violates these Terms

5.3 Third-Party Content

Venues and bands mentioned in SoundCheck are not affiliated with us unless explicitly stated. Trademarks and names belong to their respective owners.

6. Content Moderation

6.1 Our Rights

We reserve the right, but are not obligated, to:

  • Monitor all user-generated content
  • Remove content that violates these Terms
  • Remove content that we find objectionable
  • Remove content for any reason at our sole discretion

6.2 Reporting Violations

If you see content that violates these Terms:

  • Use the in-app reporting feature
  • Email us at support@soundcheck.app with details
  • We will review reports within 48 hours

6.3 No Obligation to Monitor

We are not responsible for user-generated content and have no obligation to monitor, edit, or control such content.

7. Privacy

Your use of SoundCheck is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

Privacy Policy Link: [Available in App Settings]

8.1 Third-Party Integrations

SoundCheck may integrate with third-party services (e.g., Google Maps, social media platforms). Your use of these services is governed by their respective terms and policies.

The App may contain links to third-party websites or services. We are not responsible for:

  • The content of external sites
  • The privacy practices of external sites
  • Any damages resulting from your use of external sites

8.3 No Endorsement

Inclusion of external links does not imply endorsement or affiliation.

9. Disclaimers and Limitations of Liability

9.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOUNDCHECK IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Merchantability: We do not warrant that the App is suitable for your needs
  • Fitness for a Particular Purpose: We do not guarantee the App will meet your expectations
  • Non-Infringement: We do not warrant that the App does not infringe third-party rights
  • Accuracy: We do not guarantee the accuracy of user-generated content
  • Reliability: We do not guarantee uninterrupted or error-free service
  • Security: We do not guarantee absolute security of your data

9.2 User-Generated Content Disclaimer

  • Check-ins and ratings reflect personal opinions only
  • We do not verify the accuracy of user check-ins
  • We are not responsible for false or misleading check-ins
  • Use check-ins and ratings at your own risk

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOUNDCHECK AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR:

Types of Damages Excluded:

  • Indirect, incidental, or consequential damages
  • Loss of profits, revenue, or data
  • Loss of business opportunities
  • Damage to reputation
  • Punitive or exemplary damages

Circumstances Not Covered:

  • Errors, mistakes, or inaccuracies in content
  • Personal injury or property damage resulting from your use
  • Unauthorized access to your account
  • Service interruptions or bugs
  • User-generated content or conduct of other users
  • Reliance on check-ins or ratings

Maximum Liability Cap:

In no event shall our total liability to you exceed the greater of:

  • $100 USD, or
  • The amount you paid to us in the past 12 months (if any)

9.4 Jurisdiction-Specific Provisions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless SoundCheck and its affiliates, officers, directors, employees, agents, and partners from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from:

  • Your use or misuse of the App
  • Your violation of these Terms
  • Your violation of any laws or regulations
  • Your user-generated content
  • Your violation of third-party rights
  • Any claim that your content caused damage to a third party

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense.

11. Account Termination

11.1 Termination by You

You may terminate your account at any time by:

Upon termination:

  • Your account will be deactivated
  • Your personal data will be deleted within 30 days
  • Some content may remain visible if already shared

11.2 Termination by Us

We may suspend or terminate your account immediately, without notice, if:

  • You violate these Terms
  • You engage in fraudulent activity
  • You abuse or harass other users
  • You upload illegal content
  • We are required to do so by law
  • We determine termination is necessary to protect the Service

11.3 Effects of Termination

Upon termination:

  • Your right to use the App immediately ceases
  • You lose access to your account and data
  • All licenses granted to you are revoked
  • Sections of these Terms that should survive termination remain in effect

11.4 Survival

The following sections survive termination:

  • Section 4.2 (User-Generated Content License)
  • Section 5 (Intellectual Property Rights)
  • Section 9 (Disclaimers and Limitations of Liability)
  • Section 10 (Indemnification)
  • Section 13 (Dispute Resolution)

We respect intellectual property rights and expect users to do the same.

12.2 DMCA Takedown Notices

If you believe content on SoundCheck infringes your copyright, submit a DMCA notice to:

DMCA Agent: Email: dmca@soundcheck.app Subject Line: “DMCA Takedown Notice”

Your notice must include:

  1. Your physical or electronic signature
  2. Identification of the copyrighted work
  3. Identification of the infringing material (URL or location)
  4. Your contact information (address, phone, email)
  5. A statement of good faith belief that use is not authorized
  6. A statement that the information is accurate and you are authorized to act
  7. A statement made under penalty of perjury

12.3 Counter-Notices

If you believe your content was removed in error, you may submit a counter-notice containing:

  1. Your physical or electronic signature
  2. Identification of the removed content
  3. A statement under penalty of perjury that removal was a mistake
  4. Your contact information
  5. Consent to jurisdiction of federal court

12.4 Repeat Infringer Policy

We will terminate accounts of users who repeatedly infringe copyright.

13. Dispute Resolution

13.1 Informal Resolution

Before filing a legal claim, you agree to contact us at legal@soundcheck.app to attempt to resolve the dispute informally. We will attempt to resolve disputes within 60 days.

13.2 Arbitration Agreement

If informal resolution fails, you agree that disputes will be resolved by binding arbitration, not in court, except:

  • Small claims court disputes (under $10,000)
  • Intellectual property disputes
  • Claims seeking injunctive relief

Arbitration Rules:

  • Arbitration will be conducted by the American Arbitration Association (AAA)
  • Arbitration will be held in [Your State/Country]
  • Each party bears its own costs
  • The arbitrator’s decision is final and binding

13.3 Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive your right to participate in class actions, class arbitrations, or representative actions.

13.4 Opt-Out

You may opt out of arbitration within 30 days of accepting these Terms by emailing legal@soundcheck.app with “Arbitration Opt-Out” in the subject line.

14. Governing Law and Jurisdiction

14.1 Governing Law

These Terms are governed by the laws of [Your State/Country], without regard to conflict of law principles.

14.2 Jurisdiction

For disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts located in [Your City/State].

15. General Provisions

15.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and SoundCheck regarding the Service.

15.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

15.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

15.4 Assignment

You may not assign or transfer these Terms or your account. We may assign these Terms without restriction.

15.5 Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control (e.g., natural disasters, war, pandemics, government actions).

15.6 No Agency

These Terms do not create any agency, partnership, joint venture, or employment relationship between you and SoundCheck.

15.7 Notices

Notices to you may be provided via email or in-app notification. Notices to us should be sent to legal@soundcheck.app.

15.8 Export Compliance

You agree to comply with all applicable export and import laws and regulations.

16. Contact Information

For questions, concerns, or notices regarding these Terms:

General Inquiries: Email: support@soundcheck.app

Legal Matters: Email: legal@soundcheck.app

DMCA Notices: Email: dmca@soundcheck.app

Privacy Matters: Email: privacy@soundcheck.app

Mailing Address: SoundCheck (Address to be added) (City, State, ZIP)

17. Acknowledgment

By creating an account and using SoundCheck, you acknowledge that:

  • You have read and understood these Terms of Service
  • You agree to be bound by these Terms
  • You understand your rights and obligations
  • You accept the dispute resolution provisions, including arbitration and class action waiver

These Terms of Service were last updated on November 13, 2025.

Version: 1.0

Thank you for using SoundCheck! Enjoy discovering great music venues and bands.