Aroundsound Terms of Service

Last update: 03 February 2020

Who we are and what these Terms do

We are Gritstone Studios Limited (company number: 11068619) trading as Aroundsound. Our registered office address is at Denby House Business Centre, Loscoe, Derbyshire, DE75 7AB.

Welcome to Aroundsound. We want you to know and understand your rights and our rights relating to the provision of our sound recording and collection platform (the “Services”).

Please read our terms of service below (“Terms”) carefully. By accessing or using the Aroundsound application you agree to be bound by these Terms. If you do not agree to be bound by all of these Terms, you will not be able to access or use the Services.

We license you to use:

  • the Aroundsound app (“the App”) and any updates or supplements to it; and
  • the Services;

as permitted in these Terms.

Basic terms

  1. You must be at least 13 years old to use the App and the Services.

  2. Audio content or sound recordings created by you are referred to in these Terms as “Audio Data”. You own any Audio Data and associated data (collectively “Content”) created using the Services. We will not publish your Audio Data without your explicit permission. We may use your Audio Data anonymously (meaning not tied to any of your personal data, such as email address or name) and privately (meaning not published publicly) to improve the Services, for example to train algorithms to categorise sounds. We will do this only to improve the Services. We only use any personal data we collect through your use of the App and the Services in the ways set out in our privacy policy.

  3. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the App or any Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

  4. You will notify and obtain prior permission from any person who is to be recorded that they agree to be recorded using the Services and accept responsibility for the act of recording and sharing recordings. We accept no responsibility for disputes whereby persons or situations are recorded without permission.

  5. You are solely responsible for your conduct and any Content that you create or share via the Services.

  6. We want your feedback and by accepting these Terms you allow us to use such feedback to improve the App and/or the Services.

  7. Violation of these Terms or the spirit of these Terms by you may result in removal of your Content without prior notification and / or termination of the Services provided to you. You use the Services at your own risk.

  8. If we end your rights to use the App and the Services:

    • you must stop all activities authorised by these Terms, including your use of the App and the Services;
    • you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and confirm to us that you have done this;
    • we may remotely access your devices and remove the App from them and cease providing you with access to the Services.
  9. The App and the Services are under rapid development and may be disrupted or may change without prior notice. We will try our best to ensure this does not affect your Content but we cannot guarantee this. We will not be liable for damages or losses arising from your use or inability to use the Services or otherwise arising under these Terms.

  10. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

  11. You may only transfer your rights or obligations under these Terms to another person if we agree in writing.

  12. This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms.

Operating system requirements

The App requires iOS 10.3 (or later) for Apple iPhone and iPad and for android mobile devices android 5.0 (or later). There are certain features of the App that will only be available on later device versions (for example quick settings tile and pause recording require android 7.0 (and later)).

How you may use the App

In return for your agreeing to comply with these Terms you may:

  • download or stream a copy of the App onto more than one device and view, use and display the App and the Services on such devices for your personal purposes only;
  • log into separate devices with the same email address and access any of your recordings that are saved to the cloud;
  • receive and use any free supplementary software code or update of the App incorporating “patches” and corrections of errors as we may provide to you.

You may not transfer the App to someone else

We are giving you personally the right to use the App and the Service as set out above in How you may use the App. Whilst you may have sharing rights as set out above, you may not otherwise transfer the App or Services to someone else, whether for money, for anything else or for free. If you sell any device on which the App is installed, you must remove the App from it.

Licence restrictions

You agree that you will:

  • except in the case of permitted sharing (please see our privacy policy), not rent, lease, sub-license, loan, provide, or otherwise make available, the App or the Services in any form, in whole or in part to any person without prior written consent from us;

  • not copy the App or the Services, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;

  • not translate, merger, adapt, vary alter or modify, the whole or any part of the App or the Services nor permit the App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the App and the Services on devices as permitted in these Terms;

  • not disassemble, decompile, reverse engineer or create derivative works based on the whole or any part of the App or the Services nor attempt to do such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (Permitted Objective), and provided that the information obtained by you during such activities:

    • is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
    • is not used to create any software that is substantially similar in its expression to the App;
    • is kept secure; and
    • is used only for the Permitted Objective;
  • comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App or the Services.

Acceptable use restrictions

You must:

  • not use the App or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, the Services or any operating system;

  • not infringe our intellectual property rights or those of any third party in relation to your use of the App or the Services, including by the submission of any material (to the extent that such use is not licensed by these Terms);

  • not transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or any Service;

  • not use the App or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;

  • not collect or harvest any information or data from the Services or our system or attempt to decipher any transmissions to or from the servers running the Services;

  • not use the Services to record or share violent, discriminatory, unlawful, infringing, hateful, sexual or sexually suggestive material – We expect you to act with integrity;

  • not use the Services to defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities;

  • not record or share private or confidential information using the Services (for example credit card information, national identity number(s), non-public phone numbers or non-public email addresses) – If in doubt, do not record or share information;

  • not create or submit unwanted emails, comments or harassing communications to any persons via the Services or communications services connected to the Services.

Our intellectual property rights

All intellectual property rights in the App and the Services throughout the world belong to us and the rights in the App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the App or the Services other than the right to use them in accordance with these Terms.

Premium and Pro subscriptions

Most of the Services are provided to you free-of-charge. There are other options set out below which require payment before you can access them.

These subscription tiers are subject to change at short notice for new subscribers and you may be offered a different package. Subscriptions for existing subscribers will not be affected by such changes.

Premium Subscription

  • $0.99 - $1.99 monthly subscription
  • Up to 250 hours synced minutes
  • Up to 5 shared collections
  • + features including variable playback speed

Pro Subscription

  • $4.99+ monthly subscription
  • Unlimited synced minutes
  • Collaboration support, including unlimited shared collection, discount codes for additional members
  • ++ features including advanced editing

General terms

  1. We reserve the right to modify or terminate the Services or your access to the Services for any reason, without notice, at any time, without liability to you. If we terminate your access to the Services then your Audio Data will no longer be accessible to you, but Audio Data created by you using the Service may persist and appear elsewhere (e.g. if your Content has been re-shared by others and you have not deleted it)

  2. We provide the Services “as is” and “as available,” without warranty of any kind. We do not warrant that the Services will meet your requirements; that the Services will be uninterrupted, timely, secure, or error-free; that the information provided through the Services is accurate, reliable or correct; that any defects or errors will be corrected; that the Services will be available at any particular time or location; or that the Services are free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of content or other material obtained from the Services.

  3. We may remove, edit, block and / or monitor Content that we determine in our sole discretion violates these Terms. Where we are notified of Content that potentially violates these Terms, we will endeavour to review such Content quickly and act appropriately by for example removing the Content in question.

  4. You are solely responsible for your interaction with other users of the Services or any other persons with which you share Content created using the Service. Aroundsound does not control any third party services through which you may share or post Content. You expressly acknowledge and agree that Aroundsound is in no way responsible for or liable for any such third party services or features.

  5. You agree that you are responsible for all data charges you incur through use of the Services.

  6. You must not crawl, scrape, cache or otherwise access Content from the Service via automated means (except as may be the result of standard search engine protocols).

  7. We reserve the right to change these Terms from time to time and will notify you of a change when you next start the App. The latest version will be displayed on this page within the App. If you do not accept the notified changes you will not be permitted to continue to use the App and the Services and if you have signed up to our Premium Subscription or Pro Subscription, you may apply for a refund, which will reflect the period the App and the Services have been available to you prior to cancellation.

  8. If you do not use the Aroundsound App for twelve months then we will delete your account and the associated data. We will give you reasonable warning of any pending account deletion by sending you a series of emails. You may reactivate your account at any time by logging in to the Aroundsound App.

Updates to the App and changes to the Services

From time to time we may automatically update the App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the App for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue to using the App and the Services.

The App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you downloaded it.

If someone else owns the phone or device you are using

If you download or stream the App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.

Rights

  1. We do not claim ownership of any Content that you create or share using the Services.

  2. We may display or share advertisements and promotions to you in accordance with our privacy policy.

  3. You warrant that you own the Content created and shared by you and that it does not infringe the rights of any third party, including without limitation, privacy rights, copyrights, trademark and/or other intellectual property rights. We are not responsible for any infringement of the rights of any third party.

  4. You agree to reimburse us for any and all liabilities, costs, expenses, damages and losses (and all other professional costs and expenses) that we suffer or incur arising out of or in connection with any claim made against us for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with your use of and/or access to the App and/or the Services.

  5. Although we strive to make the Services available as much as possible, there will be times when the Services may be interrupted and this will happen without notification. We will make our best efforts to ensure that your Content is unaffected, but we cannot guarantee that Content will not be lost. You acknowledge that we accept no liability for Content that is lost.

  6. You agree that Aroundsound is not responsible for and does not endorse Content created or shared by the Service. Nor do we have any obligation to prescreen, monitor or remove Content.

  7. We will not be liable for any use or disclosure of Content that you create and/ or share using the Services.

  8. We respect other people’s rights and expect you to do the same.

Our responsibility for loss of damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

Limitations to the App and the Services. The App and the Services are provided for general information and entertainment purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the App or the Services. Although we make reasonable efforts to update the information provided by the App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the App. We recommend that you back up any content and data used in connection with the App, to protect yourself in case of problems with the App or the Services.

Check that the App and the Services are suitable for you. The App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the App and the Services meet your requirements.

We are not responsible for events outside our control. If our provision of the Services or support for the App or the Services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received (if applicable).

Governing law

These Terms are governed by the laws of England and Wales.

Complete agreement

These Terms, together with our privacy policy, represent the complete and exclusive statement of the agreement between you and us (“Agreement”). This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and us relating to the subject matter of this Agreement including any confidentiality or nondisclosure agreements.

Severability and no waiver

If any part of this Agreement is held invalid or unenforceable, the remaining portions will remain in full force and effect. Any failure by us to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.

Support for the App and how to tell us about problems

Contacting us (including with complaints). If you think the App or the Services are faulty or incorrectly described or wish to contact us for any other reason please email us at feedback@aroundsound.com.

How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.

Questions

If you have questions about the Terms of Service, please contact us at feedback@aroundsound.com.