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Terms of Use & Music License Agreement

Last updted: 3/11/2026
Website: www.soundmarket.io

These Terms of Use & Music License Agreement (the “Agreement”) govern your access to and use of the SoundMarket website, applications, catalog, music files, metadata, and related services (collectively, the “Service”). In this Agreement, “SoundMarket,” “we,” “our,” and “us” mean SoundMarket, and “you” and “your” mean the individual or entity accessing or using the Service.

By creating an account, clicking to accept, downloading any Content, or otherwise accessing or using the Service, you agree to be bound by this Agreement. If you use the Service on behalf of a company, agency, client, or other entity, you represent and warrant that you have authority to bind that entity to this Agreement, and “you” includes that entity. If you do not agree, you may not access or use the Service.

1. Definitions

“Content” means any music, sound recordings, compositions, stems, sound effects, previews, artwork, metadata, and related materials made available through the Service.

“Project” means your original audio-visual, podcast, social media, advertising, broadcast, film, game, client, or other media production into which Content is synchronized or otherwise incorporated as expressly permitted under your subscription plan or written enterprise agreement.

“Registered Channel” means a social media, video, podcast, website, or other distribution account that you have accurately submitted to SoundMarket through the Service for clearance purposes.

“Subscription Term” means the period during which your paid or free plan is active and in good standing.

“Enterprise Terms” means any separate order form, quote, statement of work, or written enterprise agreement executed by SoundMarket and you. If there is a conflict between this Agreement and Enterprise Terms, the Enterprise Terms control for the applicable purchase.

2. The License

Subject to your active subscription, payment of all applicable fees, and ongoing compliance with this Agreement, SoundMarket grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable, worldwide license to download and synchronize Content with your original Projects solely as expressly permitted by your subscription plan or applicable Enterprise Terms.

Except as expressly stated in this Agreement, no rights are granted by implication, estoppel, or otherwise. The license granted under this Section is royalty-free only for the platforms, media, territories, channels, and use cases expressly permitted under your subscription plan or Enterprise Terms.

Content incorporated into a Project that is first lawfully published, distributed, or publicly made available during an active Subscription Term remains licensed in perpetuity for that specific Project, even after your subscription ends, provided that:

  1. your use complied with this Agreement at the time of download and publication;
  2. the Project does not materially exceed the scope of the license originally granted; and
  3. the license was not obtained through fraud, misuse, nonpayment, or breach of this Agreement.

For clarity, this Agreement grants a synchronization license only. No ownership, authorship, trademark, neighboring right, or other intellectual property right in the Content is transferred to you. Any use not expressly permitted is prohibited.

3. Subscription Plans & Permitted Uses

Your permitted uses depend on the subscription plan you purchase or otherwise receive from SoundMarket. You may use Content only within the scope of the plan assigned to your account and only during a valid Subscription Term. Any use outside the scope of your plan requires a separate written agreement from SoundMarket.

Creator (Free)

  • Personal, non-commercial use only
  • Permitted platforms: YouTube, Instagram, Facebook, and TikTok
  • Monetization is not permitted
  • One user only; no team, client, agency, or commercial brand use

Creator Plus

  • Individual use only
  • Cleared for one (1) Registered YouTube channel
  • Covers your own social media platforms and websites
  • Monetization permitted only on Registered Channels approved through your account
  • Online use only; excludes broadcast television, theatrical exhibition, film, paid media advertising placements, and other offline or mass-media exploitation unless expressly approved in writing

Professional

  • Individual use only; accounts may not be shared across a team
  • Cleared for up to five (5) Registered YouTube channels
  • Covers social media platforms, websites, and online commercial Projects, including client work, subject to this Agreement
  • Designed for freelancers and individual creators producing commercial content published online
  • Excludes broadcast television, radio, film, theatrical exhibition, video games, apps, software, and advertising placements unless expressly approved in writing
  • If you are producing content for a client, brand, or organization generating more than US $1,000,000 in annual gross revenue, or if the use otherwise exceeds the scope of the Professional plan, an Enterprise license is required for that Project

Enterprise

Enterprise licenses are negotiated on a case-by-case basis and are intended for teams, agencies, production companies, broadcasters, game studios, advertisers, and companies generating more than US $1,000,000 in annual gross revenue. Enterprise coverage may include, as expressly stated in the applicable Enterprise Terms:

  • Broadcast television and radio
  • Film and theatrical exhibition
  • Advertising, including television, online, social, connected TV, cinema, and out-of-home
  • Video games, apps, software, and interactive media
  • Multi-user and team access
  • Custom channel, territory, distribution, and client permissions

To discuss an Enterprise license, contact contact@soundmarket.io.

4. Client Work; Channels; Revenue Threshold

If you use the Service for client work, you represent and warrant that you have authority to act on behalf of the client for clearance and registration purposes. You must accurately identify the applicable client, brand, and channels upon request.

For purposes of this Agreement, annual revenue means the gross annual revenue of the applicable end client, brand, or commissioning entity for whom the Project is created, measured on a consolidated basis for the most recently completed fiscal year, unless SoundMarket agrees otherwise in writing. SoundMarket may request reasonable information to verify plan eligibility.

Unless expressly stated in Enterprise Terms, your subscription does not include white-label rights, reseller rights, agency-wide blanket rights, template rights, stock-media distribution rights, or rights to make the Content available for reuse by third parties.

5. Perpetual Use of Published Content

Content incorporated into a Project while your subscription is active and first published during that active Subscription Term remains licensed in perpetuity for that specific Project. This means the specific published video, podcast, advertisement, episode, or other Project remains covered after your subscription ends or is cancelled, subject to your compliance with this Agreement.

This perpetual right does not permit:

  1. publication of new Projects after your subscription expires;
  2. republication of the Content as standalone audio;
  3. use in a materially new edit, campaign, version, territory, or media channel that exceeds the original licensed scope; or
  4. continued use if the original license was procured through fraud, payment failure, plan misuse, account sharing, or other breach.

6. Content ID & Platform Monetization

SoundMarket actively manages Content ID and comparable rights-management systems on certain third-party platforms. To help ensure proper clearance:

  • You must accurately register your relevant channels, pages, accounts, podcasts, and websites through your account dashboard or other method designated by SoundMarket
  • You are responsible for ensuring that all registration information is complete, accurate, and kept current
  • Failure to register or maintain accurate channel information may result in claims, blocks, demonetization, or delays, and SoundMarket will have no liability arising from such failures
  • If you receive a claim regarding properly licensed use, you must notify SoundMarket promptly at contact@soundmarket.io and provide all reasonably requested information so that we can investigate

SoundMarket will use commercially reasonable efforts to assist active subscribers with resolving legitimate claims involving properly licensed use. However, SoundMarket does not guarantee that claims, disputes, blocks, demonetization events, delays, or platform errors will not occur. Third-party platforms operate independently, may change policies at any time, and remain outside SoundMarket’s control.

Unless otherwise required by law or expressly agreed in writing, SoundMarket’s assistance with claims is your exclusive remedy for Content ID or similar platform-rights-management issues relating to properly licensed use.

7. Broadcast Use & Cue Sheets

For Content used in broadcast or other media where performance rights organizations (“PROs”) collect public performance royalties, including television, radio, and theatrical exhibition:

  • Broadcast use is available only under Enterprise Terms unless SoundMarket expressly agrees otherwise in writing
  • You are responsible for timely and accurately preparing and submitting cue sheets and other reporting documents required by the applicable broadcaster, platform, distributor, or PRO
  • Upon request, you must provide SoundMarket with copies of cue sheets and related exploitation information
  • SoundMarket’s composers, publishers, artists, and rightsholders retain any and all public performance and related royalties payable through PROs, CMOs, or similar collection societies

8. Prohibited Uses

You may not, and may not permit any third party to:

  • Upload, distribute, or exploit Content on music streaming services or music-download services, including Spotify, Apple Music, Amazon Music, TIDAL, Deezer, or similar services
  • Upload Content to sample libraries, music libraries, sound-effect libraries, production-asset platforms, UGC templates, editing packs, website builders, stock-media platforms, or other services where the Content may be extracted, relicensed, or reused by third parties
  • Use Content as standalone audio content, except where expressly permitted for podcasts or under written Enterprise Terms
  • Modify, remix, re-record, sample, stem-separate, train on, or otherwise create derivative music works from the Content, except for reasonable technical editing necessary to synchronize the Content within a permitted Project
  • Sublicense, resell, assign, transfer, share, lend, distribute, or otherwise make the Content or license available to any third party except as embedded in a permitted Project
  • Use Content in a manner that is defamatory, obscene, pornographic, hateful, harassing, fraudulent, deceptive, infringing, or otherwise unlawful
  • Use Content in connection with violence, extremism, exploitation, or any unlawful activity
  • Use Content in a way that implies endorsement by SoundMarket or its artists, or that misrepresents the Content as your own original composition or recording
  • Use Content in connection with NFTs, tokens, blockchain-based assets, training data, model weights, datasets, synthetic voice or generative-audio systems, or similar products without SoundMarket’s prior written consent
  • Circumvent, disable, or interfere with any security, watermarking, rights-management, fingerprinting, or access-control measures used by SoundMarket or its providers
  • Use Content in violation of sanctions laws, export controls, platform rules, or applicable law

9. AI & Machine Learning Restriction

SoundMarket’s catalog is created by human composers and artists. Without SoundMarket’s prior written consent, you may not use any Content, in whole or in part, to train, test, validate, fine-tune, prompt, develop, improve, or operate any artificial intelligence, machine learning, generative audio, synthetic media, voice cloning, fingerprinting, or similar system or dataset. This restriction applies regardless of subscription plan, intended use, or whether the Content is modified, excerpted, transformed, embedded, or combined with other data.

10. Intellectual Property

All right, title, and interest in and to the Service and the Content, including all copyrights, neighboring rights, trademark rights, metadata, and related intellectual property rights, are and remain owned by SoundMarket and/or its licensors, composers, artists, and affiliates. This Agreement grants only a limited license to use Content as expressly permitted. No ownership rights are transferred to you.

You will not remove, obscure, or alter any copyright, attribution, watermark, metadata, proprietary notice, or rights-management information associated with the Content or Service.

11. Track Removal

SoundMarket may add, remove, suspend, replace, or reclassify any Content in its catalog at any time. If you lawfully used a track in a Project first published during an active Subscription Term, your license for that specific Project remains valid, subject to this Agreement.

If a removed track later gives rise to a claim, SoundMarket will use commercially reasonable efforts to assist active subscribers with legitimate claims involving properly licensed use. SoundMarket has no obligation to maintain the availability of any specific track, artist, album, playlist, or catalog segment.

While SoundMarket actively manages Content ID and similar systems, SoundMarket cannot guarantee that claims will not occur, including where tracks are removed, reclassified, disputed by a third party, or affected by platform error. To the fullest extent permitted by law, SoundMarket will not be liable for lost revenue, demonetization, delays, takedowns, reputational harm, or other damages arising from such claims, except to the extent caused by SoundMarket’s willful misconduct and except where liability cannot lawfully be excluded.

12. Account Responsibilities

You must:

  • Provide accurate, current, and complete account, billing, channel, and contact information
  • Maintain the confidentiality of your login credentials and restrict access to your account
  • Be responsible for all activities that occur under your account, whether or not authorized by you
  • Promptly notify SoundMarket of any unauthorized use, breach, or suspected misuse of your account
  • Be at least 18 years old or the age of majority in your jurisdiction, or use the Service only with valid parental or guardian consent where legally permitted

One account is licensed to one user unless otherwise stated in Enterprise Terms. Accounts are non-transferable and may not be shared, pooled, or used to circumvent user-seat, channel, or plan restrictions.

SoundMarket may investigate suspected misuse and may suspend or terminate accounts, revoke access, or require plan changes if it reasonably believes your use violates this Agreement or exceeds the scope of your plan.

13. Payments, Billing & Cancellation

By purchasing a paid subscription, you authorize SoundMarket and its third-party payment processors to charge the payment method you provide for all applicable subscription fees, taxes, and other charges associated with your account.

Subscriptions renew automatically at the then-current rate for successive billing periods unless cancelled before the renewal date. You may cancel at any time through your account settings or other method designated by SoundMarket. Unless otherwise required by law, cancellation takes effect at the end of the current paid billing period, and fees already paid are non-refundable.

You are responsible for all sales, use, value-added, withholding, or similar taxes, except taxes based on SoundMarket’s net income.

If a payment fails, SoundMarket may retry the charge, suspend access, revoke download privileges, remove monetization clearances, or terminate your subscription until payment is successfully collected.

SoundMarket may offer trials, discounts, promotional pricing, credits, or coupons subject to separate terms, and may modify or discontinue such offers at any time.

Price changes will apply no earlier than the next renewal term following notice, unless otherwise required by law.

If you initiate a chargeback or payment dispute in bad faith, SoundMarket may suspend or terminate your account and treat affected uses as unlicensed unless and until the payment issue is resolved.

14. Termination; Suspension; Effect of Termination

SoundMarket may suspend, restrict, or terminate your account, subscription, or access to all or part of the Service at any time, with or without notice, if:

  1. you breach this Agreement;
  2. you fail to pay amounts due;
  3. you misuse the Service, Content, or licensing system;
  4. you engage in fraud, abuse, infringement, chargeback abuse, or unlawful conduct;
  5. SoundMarket is required to do so by law, court order, rights holder demand, or platform requirement; or
  6. your use exposes SoundMarket, its artists, or its partners to legal, commercial, or reputational risk.

Upon termination or expiration:

  • your right to access the Service and download new Content immediately ends;
  • any unpublished or future use of Content is prohibited;
  • any use made outside the scope of the license is unlicensed; and
  • Sections intended by their nature to survive will survive, including intellectual property, payment obligations, indemnification, disclaimers, limitations of liability, dispute resolution, and provisions governing previously published Projects.

Termination does not limit any other rights or remedies available to SoundMarket.

15. Indemnification

You will defend, indemnify, and hold harmless SoundMarket, its affiliates, composers, artists, licensors, service providers, officers, directors, employees, and agents from and against any third-party claims, demands, actions, liabilities, losses, damages, judgments, settlements, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

  1. your use of the Service or Content;
  2. your Projects;
  3. your breach of this Agreement;
  4. your violation of law or third-party rights; or
  5. any client, agency, or end-customer dispute arising from your acts or omissions.

16. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SOUNDMARKET DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, QUIET ENJOYMENT, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR COMPATIBLE WITH ANY PARTICULAR PLATFORM, MONETIZATION SYSTEM, OR WORKFLOW.

SOUNDMARKET DOES NOT WARRANT THAT ANY CONTENT WILL REMAIN AVAILABLE, THAT ANY PLATFORM WILL ACCEPT, MONETIZE, OR DISTRIBUTE YOUR PROJECT, OR THAT CLAIMS, BLOCKS, OR DISPUTES WILL NOT OCCUR. YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE CONTENT, YOUR PROJECT, AND YOUR DISTRIBUTION METHODS COMPLY WITH APPLICABLE LAW, PLATFORM RULES, AND ANY CLIENT OBLIGATIONS.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, SOUNDMARKET AND ITS AFFILIATES, COMPOSERS, ARTISTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, BUSINESS OPPORTUNITY, OR PLATFORM MONETIZATION, ARISING OUT OF OR RELATING TO THE SERVICE, THE CONTENT, CONTENT ID CLAIMS, PLATFORM ACTIONS, OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, SOUNDMARKET’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT WILL NOT EXCEED THE TOTAL FEES PAID BY YOU TO SOUNDMARKET IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IF YOU USE A FREE PLAN ONLY, SOUNDMARKET’S TOTAL AGGREGATE LIABILITY WILL NOT EXCEED FIFTY U.S. DOLLARS (US $50).

Some jurisdictions do not allow certain limitations or exclusions of liability, so portions of this Section may not apply to you. In those jurisdictions, SoundMarket’s liability will be limited to the maximum extent permitted by law.

19. Modifications to Terms

SoundMarket may modify this Agreement from time to time. Updated versions will be posted on the Service and will become effective on the stated effective date. Where required by law or where changes are material, SoundMarket may provide additional notice, including by email or in-product notification. Your continued access to or use of the Service after the effective date of the updated Agreement constitutes acceptance of the revised Agreement. If you do not agree to the revised Agreement, you must stop using the Service.

20. Privacy

Your use of the Service is also subject to SoundMarket’s Privacy Policy and any applicable Cookie Policy, each as updated from time to time and incorporated into this Agreement by reference. By using the Service, you acknowledge that SoundMarket may collect, use, and disclose information as described in those policies.

21. Governing Law; Arbitration; Venue; Class Action Waiver

This Agreement and any dispute arising out of or relating to this Agreement, the Service, or the Content will be governed by the laws of the State of California, without regard to conflict-of-law principles.

To the fullest extent permitted by law, you and SoundMarket agree that any dispute, claim, or controversy arising out of or relating to this Agreement, the Service, the Content, your subscription, billing, or your relationship with SoundMarket will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its applicable Consumer Arbitration Rules or Commercial Arbitration Rules, as applicable, and not in court, except as expressly provided below.

You and SoundMarket agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, claimant, or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. The arbitrator will have no authority to consolidate claims or preside over any form of class, collective, or representative proceeding.

Nothing in this Agreement prevents either party from bringing an individual action in small claims court if eligible, seeking temporary or permanent injunctive relief, pursuing claims in court for actual or threatened infringement, misuse, misappropriation, unauthorized access, scraping, confidentiality breaches, fraud, or unauthorized use of the Service or Content, or pursuing collection actions relating to unpaid fees or chargebacks.

If any dispute is permitted to proceed in court under this Agreement, or if either party seeks to enforce an arbitration award, the state and federal courts located in Los Angeles County, California will have exclusive jurisdiction, and each party irrevocably submits to the personal jurisdiction and venue of those courts.

You may opt out of this arbitration agreement by sending written notice to contact@soundmarket.io within thirty (30) days after first accepting this Agreement. The notice must include your full name, your account email address, and a clear statement that you wish to opt out of arbitration.

If any part of this section is found unenforceable, the remainder will remain enforceable to the fullest extent permitted by law. If the class or representative action waiver is found unenforceable as to a particular claim, then that claim will proceed exclusively in the state or federal courts located in Los Angeles County, California.

22. Miscellaneous

Entire Agreement

This Agreement, together with any Enterprise Terms and policies incorporated by reference, constitutes the entire agreement between you and SoundMarket regarding the Service and supersedes all prior or contemporaneous understandings relating to its subject matter.

Severability

If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

Waiver

No waiver of any provision of this Agreement will be deemed a further or continuing waiver of that provision or any other provision, and SoundMarket’s failure to enforce any right or provision will not constitute a waiver.

Assignment

You may not assign, transfer, delegate, or sublicense this Agreement or any rights under it without SoundMarket’s prior written consent. SoundMarket may assign this Agreement in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.

Force Majeure

SoundMarket will not be liable for any delay or failure in performance caused by events beyond its reasonable control, including acts of God, outages, internet failures, labor disputes, war, terrorism, pandemics, governmental acts, third-party platform actions, or failures of suppliers or rights-management providers.

Notices

You consent to receive notices electronically, including by email, dashboard message, or posting on the Service. You are responsible for keeping your contact information current.

Survival

Any provisions that by their nature should survive termination or expiration of this Agreement will survive, including provisions relating to ownership, payment, indemnification, disclaimers, limitations of liability, dispute resolution, and permitted continued use of previously published Projects.

Electronic Contracting

You agree that electronic acceptance of this Agreement has the same force and effect as a handwritten signature.

23. Contact

For licensing inquiries, enterprise agreements, copyright complaints, content claims, or questions about this Agreement, please contact:

SoundMarket
Email: contact@soundmarket.io
Website: www.soundmarket.io

By accessing or using the Service, downloading any Content, or publishing any Project containing Content, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

© 2026 Soundmarket. All rights reserved.