Terms of Use

Last Updated: September 21, 2021

THIS TERMS OF USE AGREEMENT (THE “TERMS”) GOVERNS YOUR USE OF THE WEBSITES OF SNDX.io, INCLUDING, WITHOUT LIMITATION, WWW.SNDX.IO (COLLECTIVELY, THE “WEBSITE”), SNDX.IO’S SOFTWARE APPLICATIONS, AND ANY SERVICES AND RESOURCES AVAILABLE OR ENABLED VIA THE WEBSITE OR APPLICATIONS AND ASSOCIATED SOFTWARE MADE AVAILABLE THROUGH THE WEBSITE AND APPLICATIONS (COLLECTIVELY, WITH THE WEBSITE, THE “SERVICE”). BY ACCESSING OR USING THE SERVICE, CLICKING ON THE “I ACCEPT” OR SIMILAR BUTTON, AND/OR COMPLETING THE REGISTRATION PROCESS, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THIS AGREEMENT. IF YOU ARE NOT ELIGIBLE (SEE BELOW), OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE AND YOU MAY NOT ACCESS OR USE THE SERVICE.

1. Introduction and Eligibility

Please read these Terms carefully before using the Service (as defined below). Your use of, and participation in, the Service may be subject to additional terms, for example for specific SNDX.io products such as Plugins or Applications (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms or will be presented to you for your acceptance when you sign up to use the supplemental Service. Without limiting the foregoing, certain materials, tools, or components of the Service made available through the Service (including Premium Add-Ons and Plug- Ins) may be subject to license terms and conditions that are different from those set forth herein, such as terms and conditions set forth in a Creative Commons license (which shall also be deemed “Supplemental Terms”). Any such terms and conditions will be identified for such materials on the Service, and by downloading any materials, you agree to be bound by and comply with such terms and conditions.

If the Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to the applicable Service for which the Supplemental Terms have been provided. The Terms and any applicable Supplemental Terms are referred to herein as the “Agreement.” Supplemental Terms include, without limitation, the SNDX.io Terms of Use.

  1. Revisions to Terms. WE RESERVE THE RIGHT TO CHANGE THIS AGREEMENT ON A GOING-FORWARD BASIS AT ANY TIME, IN OUR SOLE DISCRETION. PLEASE CHECK THESE TERMS PERIODICALLY FOR CHANGES. When changes are made, SNDX.io will make a new copy of the Terms of Use Agreement available at the Website and within the Apps, or otherwise posted through the Services, and any new Supplemental Terms will be made available from within, or through, the affected Service, on the Website, or within the Apps. We will also update the “Last Updated” date at the top of the Terms of Use Agreement. Any changes to the Agreement will be effective immediately for new users of the Website, the Apps and/ or Service and will be effective on the stated Effective Date on the applicable notice for existing Users. SNDX.io may require you to provide consent to the updated Agreement in a specified manner before further use of the Service is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Website, the Apps and/or the Service. Otherwise, your continued use of the Website, the Apps and/or Service constitutes your acceptance of such change(s).

  2. Eligibility. You must be at least 18 years old to use the Website, Apps, or Service. By accessing or using the Website, App, or Service or otherwise agreeing to these Terms, you represent and warrant to us that: (i) you are at least 18 years old; (ii) you have not previously been suspended or removed from the Service; and (iii) your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms. The term “you” refers to the individual or legal entity, as applicable, identified as the user when you registered on the Services.

2. The Service

  1. General. The Service offers a platform designed to provide you with resources to perform and enhance music creation and collaboration. The Website, Apps, and Service (“SNDX.io Properties”) are owned and operated by SNDX.io. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by SNDX.io are protected by intellectual property and other laws. All materials included in the Service are the property of SNDX.io or its third-party licensors. Except as expressly authorized by SNDX.io, you may not use any of the SNDX.io Properties. SNDX.io reserves all rights to the SNDX.io Properties not granted expressly in these Terms.

  2. Your Use of the Service and Materials. Unless otherwise expressly authorized by SNDX.io in writing, including on the Service (e.g. for versions of SNDX.io Sounds that can be used commercially), we authorize you, subject to this Agreement, to access and use the SNDX.io Properties solely for the use of the services we provide, at our discretion solely for your own personal or internal business purposes. Any other use is expressly prohibited.

  3. App License. Subject to your compliance with the Agreement, SNDX.io grants you a limited non- exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Plugins on multiple computers that you own or control and to run such copy of the App solely for your own personal or internal business purposes; provided that the use of the Plugins in connection with portions of the Services expressly authorized by SNDX.io for commercial use (e.g. with versions of SNDX.io Sounds that can be used commercially) shall not, in and of itself, be deemed a breach of this Section. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play store (a “Google Play Sourced Application”), you may have additional license rights with respect to use of the App on a shared basis within your designated family group.

  4. Certain Restrictions. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. In using the Service, you shall not:

    1. interfere with security-related features of the SNDX.io Properties, including by: (A) disabling or circumventing features that prevent or limit use or copying of any content; or (B) modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer or otherwise attempting to discover the source code of any portion of the SNDX.io Properties except to the extent that the activity is expressly permitted by applicable law;
    2. interfere with the operation of the SNDX.io Properties or any user’s enjoyment of the SNDX.io Properties, including by: (A) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (B) making any unsolicited offer or advertisement to another user of the SNDX.io Properties; (C) collecting personal information about another user or third party without consent; or (D) interfering with or disrupting any network, equipment, or server connected to or used to provide the SNDX.io Properties;
    3. perform any fraudulent activity including impersonating any person or entity, or claiming a false affiliation
    4. disclose personal information about another person or harass, abuse, or post objectionable, pornographic, harmful, offensive, or obscene material;
    5. shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit any of your rights in the SNDX.io Properties to a third party without our express written consent;
    6. use the SNDX.io Properties in an illegal way or in violation of any applicable law or that otherwise results in fines, penalties, and other liability to us or others;
    7. violate, or encourage others to violate, any right of a third party (including by infringing or misappropriating any third party intellectual property right);
    8. frame or utilize framing techniques to enclose any trademark, logo, or other SNDX.io Properties (including images, text, page layout or form) of SNDX.io;
    9. use any metatags or other “hidden text” using SNDX.io’s name or trademarks;
    10. use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to “scrape” or download data from any web pages contained in the Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials);
    11. except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit any SNDX.io Property in any form or by any means;
    12. you shall not remove or destroy any copyright notices or other proprietary markings contained on or in SNDX.io Properties;
    13. if you are a business entity, use the Service in connection with more than one artist per subscription; or
    14. assist or permit any persons in engaging in any of the activities described above. SNDX.io, its suppliers and service providers reserve all rights not granted in the Agreement. Any unauthorized use of any SNDX.io Property terminates the licenses granted by SNDX.io pursuant to the Agreement. You may use the Service only for its intended purpose.

  5. Updates. You understand that SNDX.io Properties are evolving. As a result, SNDX.io may require you to accept updates to SNDX.io Properties that you have installed on your computer or mobile device. You acknowledge and agree that SNDX.io may update SNDX.io Properties with or without notifying you. You may also need to update third-party software from time to time in order to use SNDX.io Properties or such third-party software (for example for certain Premium Add Ons and Plug Ins you purchase, license, or otherwise access through the Services).

3. Account Creation and Your Account

  1. Registering an Account. Each user of the Service is a “User.” Certain parts of the Service require you to create an account (“Account”) by providing a valid email address, password and other information as prompted by the registration form. You represent and warrant that (i) the information you provide to us upon registration and at all other times will be accurate, current and complete and (ii) you will maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or SNDX.io has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, SNDX.io has the right to suspend or terminate your Account and refuse any and all current or future use of Service (or any portion thereof). You agree not to create an Account or use the Service if you have been previously removed by SNDX.io, or if you have been previously banned from any of Service.

  2. Your Log-In Credentials. You are responsible for maintaining the confidentiality of your log-in credentials and are fully responsible for all activities that occur through the use of your credentials. You must notify us immediately at support@sndx.io if you believe the confidentiality of your log-in credentials has been compromised or if you suspect unauthorized use of your Account. We will not be liable for any loss or damage arising from unauthorized use of your credentials. You agree that you shall monitor your Account to prevent use by minors, and you will accept full responsibility for any unauthorized use of SNDX.io Properties by minors.

  3. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of SNDX.io.

  4. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to the Service, including but not limited to, a mobile device that is suitable to connect with and use the Service, in cases where the Service offers a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Service.

4. Communications

  1. By using the SNDX.io Properties or providing personal information to us, you agree to receive communications from us, including via e-mail. Communications from us and our affiliated companies may include but are not limited to: operational communications concerning your Account or the use of the SNDX.io Properties, updates concerning new and existing features on the Service, communications concerning promotions run by us or our third-party partners, and news concerning the SNDX.io and industry developments. IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF.

5. Your Content

  1. Types of Content. You acknowledge that all any information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through SNDX.io Properties (collectively, “Content”), including the Service, is the sole responsibility of the party from whom such Content originated. This means that you, and not SNDX.io, are entirely responsible for all Content that you upload, post, e-mail, transmit or otherwise make available (“Make Available”) through the Service (“Your Content”), and that you and other Users of the Service, and not SNDX.io, are similarly responsible for all Content that you and they Make Available through the Service (“User Content”).

  2. No Obligation to Pre-Screen Content. You acknowledge that SNDX.io has no obligation to pre-screen Content (including, but not limited to, User Content), although SNDX.io reserves the right in its sole discretion to pre-screen, refuse or remove any Content. By entering into the Agreement, you hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning the transmission of Your Content, including without limitation chat, text, or voice communications. In the event that SNDX.io pre-screens, refuses or removes any Content, you acknowledge that SNDX.io will do so for SNDX.io’s benefit, not yours. Without limiting the foregoing, SNDX.io shall have the right to remove any Content that violates the Agreement or is otherwise objectionable.

  3. Storage. Unless expressly agreed to by SNDX.io in writing elsewhere, SNDX.io has no obligation to store any of Your Content that you Make Available on SNDX.io Properties. SNDX.io has no responsibility or liability for the deletion or accuracy of any Content, including Your Content; the failure to store, transmit or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of SNDX.io Properties. Certain portions of the Service may enable you to specify the level at which such Service restrict access to Your Content. You are solely responsible for applying the appropriate level of access to Your Content. If you do not choose, the system may default to its most permissive setting. You agree that SNDX.io retains the right to create reasonable limits on SNDX.io’s use and storage of the Content, including Your Content, such as limits on file size, storage space, processing capacity, and similar limits described on the Website and as otherwise determined by SNDX.io in its sole discretion.

  4. Your Content. You or a third-party licensor, as appropriate, retain all intellectual property rights to Your Content. SNDX.io does not claim ownership of Your Content. This also means that you are responsible for protecting any of your rights in Your Content and we need not enforce a violation of these Terms by another User as it pertains to your User Content, although we reserve the right to terminate the rights of such Users to use the Service in accordance with our DMCA Policy. When you as a User post or publish Your Content on or in the SNDX.io Properties, you represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display Your Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in Your Content. You warrant that the holder of any worldwide intellectual property right, including moral rights, in Your Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

  5. User Content Generally. Posting User Content, including Music, is a privilege, not a right, and we may terminate such privileges of any User at any time and for any reason, without liability to such User. If you find objectionable content in any User Content, then please notify us by sending an e-mail to support@sndx.io. You are solely responsible for the content of any User Content.

6. SNDX.io Marks

SNDX.io, the SNDX.io logo, and other SNDX.io logos and product and service names are or may be our trademarks (the “SNDX.io Marks”). Without our prior written permission, and except as solely enabled by any link we provide, you may not display or use in any manner the SNDX.io Marks.

7. Feedback

If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (“Feedback”), then you grant SNDX.io an unrestricted, perpetual, irrevocable, non-exclusive, worldwide, fully-paid, royalty-free, fully transferable and sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. You acknowledge that your submission of Feedback is at your own risk and that SNDX.io has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback.

8. Fees and Purchase Terms

  1. Payment. You agree to pay all fees or charges to your Account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide SNDX.io with a valid credit card (Visa, MasterCard, or any other issuer accepted by us) or PayPal account of a payment provider (“Payment Provider”), or purchase order information, as a condition to signing up for the Services. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities. By providing SNDX.io with your credit card number or PayPal account and associated payment information, you agree that SNDX.io is authorized to immediately invoice your Account for all fees and charges due and payable to SNDX.io hereunder and that no additional notice or consent is required. You agree to immediately notify SNDX.io of any change in your billing address or the credit card or PayPal account used for payment hereunder. SNDX.io reserves the right at any time to change its prices and billing methods, either immediately upon posting on SNDX.io Properties or by e-mail delivery to you.

  2. Service Subscription Fees. You will be responsible for payment of the applicable fee for any Services (each, a “Service Subscription Fee”) at the time you create your Account and select your package (each, a “Service Commencement Date”). Except as set forth in the Agreement, all fees for the Services are non-refundable. No contract will exist between you and SNDX.io for the Services until SNDX.io accepts your order by a confirmatory e-mail, SMS/MMS message, or other appropriate means of communication.

  3. Taxes. The payments required under Section 8(b)(Service Subscription Fees) of this Agreement do not include any Sales Tax that may be due in connection with the services provided under this Agreement. If SNDX.io determines it has a legal obligation to collect a Sales Tax from you in connection with this Agreement, SNDX.io shall collect such Sales Tax in addition to the payments required under Section 8(b) (Service Subscription Fees) of this Agreement. If any services, or payments for any services, under the Agreement are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to SNDX.io, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify SNDX.io for any liability or expense SNDX.io may incur in connection with such Sales Taxes. Upon SNDX.io’s request, you will provide it with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.

  4. Withholding Taxes. You agree to make all payments of fees to SNDX.io free and clear of, and without reduction for, any withholding taxes. Any such taxes imposed on payments of fees to SNDX.io will be your sole responsibility, and you will provide SNDX.io with official receipts issued by the appropriate taxing authority, or such other evidence as we may reasonably request, to establish that such taxes have been paid.

  5. Automatic Renewal. Your subscription will continue indefinitely until terminated in accordance with the Agreement. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a “Renewal Commencement Date”) and continue for an additional equivalent period, at SNDX.io’s then-current price for such subscription. If you do not wish your Account to renew automatically, or if you want to change or terminate your subscription, please contact SNDX.io at support@sndx.io or log in and go to the “Account” page. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize SNDX.io to charge your Payment Provider now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if SNDX.io does not receive payment from your Payment Provider, (a) you agree to pay all amounts due on your Account upon demand and/or (b) you agree that SNDX.io may either terminate or suspend your subscription and continue to attempt to charge your Payment Provider until payment is received (upon receipt of payment, your Account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).

  6. Free Trials and Other Promotions. Any free trial or other promotion that provides User level access to the Services must be used within the specified time of the trial. At the end of the trial period, your use of that Service will expire and any further use of the Service is prohibited unless you pay the applicable subscription fee. If you are inadvertently charged for a subscription, please contact SNDX.io to have the charges reversed. For the avoidance of doubt, all free trials, promo codes and other promotions are subject to the terms, conditions, and limitations presented by SNDX.io with such promotion.

  7. Cooling-off Rights for UK and EU Users. If you are based in the UK or EU, you may also cancel: (i) your subscription to the Services, within the first 14 days of signing up to that paid plan (or the free trial associated therewith) or upgrading to a bigger paid plan (when applicable); (ii) your purchase of any Services, within 14 days of that purchase; or (iii) any purchase of additional credits you make, within 14 days of that purchase – these 14-day periods are called “Cooling-off Periods”. If you cancel your subscription, upgrade, or any purchase during a Cooling-off Period, we will reimburse in full the relevant payment you have made. However, if you use the Services in any way during a Cooling-off Period (e.g., by commencing a download of a sample, or otherwise), you agree that you have expressly agreed to waive your cancellation rights and you will not be entitled to receive either a full or partial refund of the relevant payment you have made. If you sign-up for a free trial you acknowledge that the relevant Cooling-off Period commences on the date of commencement of the free trial, and not on the date of SNDX.io charging the Service Subscription Fee in accordance with this Agreement; however, your cancellation and refund rights will not be lost by your use of Services for the purposes permitted within that free trial (e.g., auditioning, liking and organising samples) during this Cooling-off Period.

9. DISCLAIMER OF WARRANTIES

  1. TO THE FULLEST EXTENT PERMITTED BY LAW, (A) THE SNDX.IO PROPERTIES AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS AND (B) SNDX.IO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING: (I) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. SNDX.IO DOES NOT WARRANT THAT THE SNDX.IO PROPERTIES OR ANY PORTION OF THE SNDX.IO PROPERTIES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, THAT ANY OF THOSE ISSUES WILL BE CORRECTED, OR THAT THE RESULTS OBTAINED FROM USE OF THE SNDX.IO PROPERTIES WILL BE ACCURATE OR RELIABLE.

    ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH SNDX.IO PROPERTIES IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS SNDX.IO PROPERTIES, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

    THE SERVICE MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. SNDX.IO MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.

    NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM SNDX.IO OR THROUGH SNDX.IO PROPERTIES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

    FROM TIME TO TIME, SNDX.IO MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT SNDX.IO’S SOLE DISCRETION. THE PROVISIONS OF THIS SECTION APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

  2. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT THE SNDX.IO ENTITES (AS DEFINED BELOW) ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD THE SNDX.IO ENTITIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU.

  3. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF SNDX.IO PROPERTIES. YOU UNDERSTAND THAT SNDX.IO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF SNDX.IO PROPERTIES. SNDX.IO MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. SNDX.IO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY USER CONTENT OBTAINED THROUGH SNDX.IO PROPERTIES.

  4. Third-Party Materials. As a part of SNDX.io Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for SNDX.io to monitor such materials and that you access these materials at your own risk.

10. LIMITATION OF LIABILITY AND INDEMNIFICATION

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL SNDX.IO, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, PARTNERS, AND LICENSORS (COLLECTIVELY, “SNDX.IO ENTITIES”) BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY SNDX.IO ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE SNDX.IO ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF $100 AND THE AMOUNTS YOU HAVE PAID TO SNDX.IO, IF ANY, DURING THE SIX-MONTH PERIOD PRIOR TO THE DATE OF YOUR CLAIM AGAINST US.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 10 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY OF A SNDX.IO PARTY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY A SNDX.IO PARTY’S NEGLIGENCE; OR FOR (ii) ANY INJURY CAUSED BY A SNDX.IO PARTY’S FRAUD OR FRAUDULENT MISREPRESENTATION. FOR UK USERS, COMPANY DOES NOT IN ANY WAY SEEK TO EXCLUDE OR LIMIT LIABILITY FOR (i) DEATH OR PERSONAL INJURY CAUSED BY COMPANY’S NEGLIGENCE; (ii) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (iii) ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH OR EU LAW.

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify the SNDX.io Entities from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) Your Content; (b) your unauthorized use of, or misuse of, the SNDX.io Properties; (b) your violation of any portion of this Agreement, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right (including, without limitation, in connection with any use of User Content or a Sound); or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you will cooperate with our defense of those claims.

11. Term and Termination

  1. Term. This Agreement is effective beginning when you accept the Agreement or first access or use the SNDX.io Properties, and ending when terminated as described herein.
  2. Termination. If you violate any provision of this Agreement, your authorization to access the SNDX.io Properties and this Agreement automatically terminates. In addition, SNDX.io may, at its sole discretion, terminate this Agreement or suspend or terminate your access to the SNDX.io Properties, at any time for any reason or no reason, with or without notice, to the fullest extent permitted by applicable law. We may also change, suspend, or discontinue any aspect of the SNDX.io Properties at any time. You may terminate your Account and this Agreement at any time by sending an email to support@sndx.io or use any termination functionality that may be offered through the Service. THE SERVICE WILL CONTINUE AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS YOU CANCEL YOUR SUBSCRIPTION IN ACCORDANCE WITH THE PROCEDURE SET FORTH IN SECTION 8(e) (AUTOMATIC RENEWAL).
  3. Effect of Termination. Termination of any Service includes removal of access to such Service and barring of further use of the Service. Termination of all Services also includes deletion of your password and all related information, files and Content associated with or inside your Account (or any part thereof), including Your Content. Upon termination of any Service, your right to use such Service will automatically terminate immediately. You understand that any termination of Services may involve deletion of Your Content associated therewith from our live databases, although copies of Your Content may remain stored on back-up storage media maintained by or for us. You grant us a royalty-free license to retain such back-up copies of Your Content on storage media maintained by or for us. If you stop using the SNDX.io Properties but keep User Content on the Service, then this Agreement will continue to apply in full force and effect for so long as such User Content is available on or through the Service. SNDX.io will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of the Agreement which by their nature should survive, shall survive termination of Service, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

12. Third-Party Services.

  1. Third Party Service Provider. SNDX.io uses Stripe, Inc. and its affiliates as the third party service provider for payment services (e.g., card acceptance, merchant settlement, and related services) (a “Third Party Service Provider”). By buying on any SNDX.io Property, you agree to be bound by Stripe’s Privacy Policy (currently accessible at https://stripe.com/us/privacy) and its Terms of Service (currently accessible at https://stripe.com/us/terms) and hereby consent and authorize the SNDX.io and Stripe to share any information and payment instructions you provide with each other to the minimum extent required to complete your transactions.
  2. Third-Party Websites, Applications and Ads. SNDX.io Properties may contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left SNDX.io Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third- Party Websites, Third-Party Applications and Third-Party Ads are not under the control of SNDX.io. SNDX.io is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. SNDX.io provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, this Agreement and our policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites, Third-Party Applications, or Third-Party Ads, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

13. General Provisions.

  1. Electronic Communications. The communications between you and SNDX.io may take place via electronic means, whether you visit SNDX.io Properties or send SNDX.io e-mails, or whether SNDX.io posts notices on SNDX.io Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from SNDX.io in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SNDX.io provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
  2. Release. You hereby release SNDX.io Entities and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of SNDX.io Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of SNDX.io Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by a SNDX.io Entity or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website or any Service provided hereunder.
  3. Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without SNDX.io’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
  4. Force Majeure. SNDX.io shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials. For UK Users, if a force majeure event occurs that affects SNDX.io’s performance of its obligations under the Agreement: (a) SNDX.io will contact you as soon as reasonably possible to notify you; and (b) SNDX.io’s obligations under the Agreement will be suspended and the time for SNDX.io’s performance of its obligations will be extended for the duration of the force majeure event. You may cancel the Services affected by a force majeure event which has continued for more than 120 days. To cancel please contact Company.
  5. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to SNDX.io Properties, please contact us at the mailing or email address found at the end of these Terms. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
  6. Notice. Where SNDX.io requires that you provide an e-mail address, you are responsible for providing SNDX.io with your most current e-mail address. In the event that the last e-mail address you provided to SNDX.io is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Agreement, SNDX.io’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to SNDX.io at the address below. Such notice shall be deemed given when received by SNDX.io by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
  7. Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
  8. Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
  9. Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Contact Information


      SNDX.io
      Melchiorstr. 9
      70439 Stuttgart
      GERMANY