Effective Date: 28 February 2026
Last Updated: 13 July 2026
1. Introduction
Welcome to SoundSurf.
These Terms of Service (“Terms”) govern access to and use of the SoundSurf website, web application, educational content, subscriptions, community features and related services collectively referred to as the “Service”.
The Service is operated by:
Lorenzo Vozza, trading as SoundSurf
Via Vetralla 9
00048 Nettuno (RM)
Italy
Email: soundsurfwebapp@gmail.com
Tax Identification Number: VZZLNZ93B08H501V
In these Terms, “SoundSurf”, “we”, “us” and “our” refer to the operator identified above.
“You” and “user” refer to any person accessing or using the Service.
By creating an account, purchasing a subscription or otherwise using the Service, you confirm that you have read and accepted these Terms.
If you do not agree to these Terms, you must not access or use the Service.
These Terms do not limit any mandatory rights granted to consumers under Italian or European Union law.
2. Definitions
For these Terms:
- Account means a registered SoundSurf user account.
- Consumer means a natural person using the Service for purposes outside their trade, business, craft or profession.
- Premium Subscription means a paid plan providing access to designated premium features.
- User Content means content uploaded, created, submitted, shared or transmitted by a user through the Service.
- Preset means a synthesizer, audio effect, instrument or other music-production configuration uploaded or shared through SoundSurf.
- Platform Content means lessons, tasks, quizzes, missions, examinations, graphics, software, databases and other materials supplied by SoundSurf.
- Digital Service means the continuous online service supplied through the SoundSurf platform.
3. Description of the Service
SoundSurf is a gamified learning and community platform designed primarily for music producers.
The Service may include:
- Structured lessons and educational paths
- Music-production tasks and exercises
- Quizzes, examinations and challenges
- Studio Rescue missions and interactive learning experiences
- XP, levels, rankings, badges and achievements
- User profiles and Producer DNA features
- Preset uploads, storage and sharing
- Reviews, ratings, favourites and follows
- Messaging and community features
- Progress tracking
- Premium subscription features
- AI-assisted educational content
- Support and moderation tools
Individual features may be added, modified, renamed, limited or removed as the Service develops, subject to these Terms and applicable consumer law.
Unless expressly stated otherwise, SoundSurf does not provide accredited qualifications, academic degrees, professional certifications or guaranteed employment outcomes.
4. Eligibility and Minors
To create an Account, you must be legally permitted to use the Service under the laws that apply to you.
Users under the age of 18 may use SoundSurf only with the authorization and supervision of a parent or legal guardian where required by applicable law.
Where consent is the legal basis for processing personal data in connection with an information society service, users in Italy must be at least 14 years old to provide that consent independently.
Users below the applicable digital-consent age must obtain authorization from a parent or legal guardian.
A parent or legal guardian who authorizes a minor to use SoundSurf:
- Accepts responsibility for the minor’s use of the Service
- Must review these Terms with the minor
- Must supervise the minor’s activity where appropriate
- Must ensure that payment methods are used only with authorization
SoundSurf may request age or parental-authorization information where reasonably necessary.
We may restrict or delete an Account if we reasonably believe that it was created or used in violation of applicable age requirements.
5. User Accounts
Certain features require an Account.
When creating or maintaining an Account, you agree to:
- Provide accurate, current and complete information
- Keep your information reasonably up to date
- Use only an Account that belongs to you
- Maintain the confidentiality of your login credentials
- Use a secure password
- Notify SoundSurf promptly of suspected unauthorized access
- Accept responsibility for activity performed through your Account where caused by your actions or failure to protect your credentials
You must not:
- Create an Account using another person’s identity
- Impersonate another user, artist, company or organization
- Sell, transfer, rent or share access to your Account
- Create Accounts to evade suspensions or restrictions
- Use automated systems to create Accounts
- Provide false age or payment information
SoundSurf may require email verification, additional security checks or password resets where reasonably necessary.
6. Free Access, Premium Plans and Feature Availability
SoundSurf may provide free and paid access plans.
The features included in each plan are described on the pricing page or during checkout.
Some features may be:
- Available only to Premium subscribers
- Subject to usage, storage or submission limits
- Offered temporarily
- Released in beta or preview form
- Available only in certain regions
- Subject to additional rules displayed within the Service
The availability of a feature on one plan does not guarantee that it will remain available indefinitely.
Any material change affecting an active paid subscription will be handled in accordance with Section 24 and applicable consumer law.
7. Subscriptions, Billing and Automatic Renewal
7.1 Subscription Purchase
Premium features may require a monthly, annual or otherwise recurring subscription.
Before completing a purchase, users will be shown:
- The applicable subscription plan
- The billing period
- The total price
- Applicable taxes where required
- Whether the subscription renews automatically
- The date or conditions of renewal
- Any trial or promotional conditions
- The available cancellation method
The subscription contract is concluded when the purchase is successfully confirmed and SoundSurf or its payment provider issues confirmation.
7.2 Payment Processing
Payments are processed through Stripe or another payment provider identified during checkout.
SoundSurf does not directly store complete payment-card numbers, card verification codes or full payment credentials.
Payment providers may process payment information under their own terms and privacy policies.
You authorize SoundSurf and the applicable payment provider to charge the selected payment method for the amounts clearly disclosed during checkout.
7.3 Automatic Renewal
Where automatic renewal is selected, the subscription renews at the end of each billing period unless cancelled before the next renewal charge.
The renewal price and billing frequency will be clearly displayed before purchase.
If a promotional price applies only to an introductory period, the standard renewal price will be disclosed before the user completes the purchase.
7.4 Failed Payments
If payment cannot be completed, SoundSurf may:
- Retry the payment
- Request an updated payment method
- Restrict premium features
- Suspend the subscription
- Cancel the subscription after reasonable notice
Users remain responsible for amounts lawfully due before cancellation or suspension.
7.5 Price Changes
SoundSurf may change subscription prices prospectively.
Price changes will not be applied retroactively to an already-paid billing period.
Users affected by a change to a recurring subscription will receive reasonable advance notice.
Where required by law, users may cancel the subscription before the new price becomes effective.
Continued renewal after the notified effective date may constitute acceptance of the new price only where this is permitted by applicable law and the user had a genuine opportunity to cancel.
8. Free Trials and Promotions
SoundSurf may offer free trials, discounts or promotional access.
The applicable offer will state:
- The trial or promotional duration
- Which features are included
- Whether a payment method is required
- Whether the plan automatically converts into a paid subscription
- The price and billing period after the promotion
- How and when to cancel
Unless clearly stated otherwise, promotional offers:
- May be limited to one per person, household, Account or payment method
- May not be combined with other offers
- May be withdrawn in cases of abuse or fraud
- Do not create a right to future promotions
Where a free trial automatically becomes a paid subscription, users may cancel before the stated conversion date to avoid the first subscription charge.
9. Subscription Cancellation
Users may cancel an automatically renewing subscription through:
- The Account or billing settings
- The Stripe customer portal, where available
- Another cancellation method clearly identified within the Service
- Emailing soundsurfwebapp@gmail.com when an online method is unavailable
Ordinary subscription cancellation stops future renewals.
Unless otherwise required by law or expressly stated during checkout:
- Cancellation takes effect at the end of the current paid billing period
- Premium access remains available until the end of that period
- Cancellation does not automatically create a refund for time already supplied
- The user will not be charged for the next billing period
Subscription cancellation is separate from the statutory right of withdrawal described below.
10. Consumer Right of Withdrawal
10.1 Fourteen-Day Withdrawal Period
Consumers entering into an eligible distance contract generally have the right to withdraw from that contract within 14 days without providing a reason.
For a service contract, the withdrawal period normally begins on the date the contract is concluded.
Any mandatory statutory exceptions remain applicable.
10.2 Request for Immediate Performance
Where a Consumer asks SoundSurf to begin providing a paid Digital Service during the withdrawal period, SoundSurf may request the Consumer’s prior express authorization.
If the Consumer withdraws after requesting that performance begin, the Consumer may be required to pay an amount proportionate to the service supplied before withdrawal, but only where permitted by applicable law and where the required information and authorization were provided.
No clause in these Terms removes a withdrawal right where that right cannot lawfully be excluded.
10.3 How to Exercise the Right of Withdrawal
A Consumer may exercise the right of withdrawal by making an unequivocal statement identifying:
- The Consumer
- The relevant subscription or contract
- The decision to withdraw
The statement may be sent to:
Email: soundsurfwebapp@gmail.com
Postal address: Lorenzo Vozza, Via Vetralla 9, 00048 Nettuno (RM), Italy
Consumers may also use the model withdrawal form included at the end of these Terms, although use of that form is not mandatory.
10.4 Online Withdrawal Function
For eligible contracts concluded through an online interface on or after 19 June 2026, an online withdrawal function will be made available where required by law.
The function must remain clearly visible and accessible throughout the applicable withdrawal period.
Online withdrawal function: [INSERT LINK OR LOCATION OF “WITHDRAW FROM CONTRACT HERE” FUNCTION]
After an online withdrawal statement is confirmed, SoundSurf will send an acknowledgment on a durable medium, such as email, containing the statement and its submission date and time.
10.5 Refund Following Valid Withdrawal
Where a valid withdrawal requires reimbursement, SoundSurf will issue the reimbursement without undue delay and within the statutory period.
The reimbursement will normally use the original payment method unless the Consumer expressly agrees otherwise.
SoundSurf will not charge a reimbursement fee.
11. Refunds and Statutory Consumer Remedies
Except where:
- Required by applicable law
- Expressly promised during checkout
- Caused by a qualifying lack of conformity
- Approved by SoundSurf as a discretionary exception
payments for periods already properly supplied are not refundable merely because the user no longer wishes to use the Service.
This clause does not limit:
- The statutory right of withdrawal
- Remedies for a lack of conformity
- Rights relating to unauthorized payments
- Rights relating to misleading commercial practices
- Any other mandatory consumer remedy
Discretionary refunds do not create an obligation to issue the same refund in future cases.
12. Legal Conformity of the Digital Service
Consumers are entitled to the mandatory legal protections applicable to digital content and digital services.
SoundSurf will supply the Service in accordance with the contract and will provide updates, including security updates, where required by law.
If the Service does not conform to the contract, the Consumer may have statutory rights including:
- Restoration of conformity
- A proportionate price reduction
- Termination of the contract
- Reimbursement where legally applicable
The appropriate remedy depends on the nature, seriousness and duration of the lack of conformity and on applicable law.
Nothing in these Terms excludes or reduces the legal guarantee or other mandatory rights relating to digital services.
13. Acceptable Use
You agree to use SoundSurf lawfully, responsibly and in a manner that does not interfere with the Service or other users.
You must not use the Service to:
- Violate any applicable law or regulation
- Harass, threaten, stalk, intimidate or abuse another person
- Publish unlawful hate speech or discriminatory abuse
- Exploit, groom or endanger minors
- Upload child sexual abuse material or other unlawful exploitative content
- Promote terrorism or violent criminal activity
- Commit fraud, phishing or identity theft
- Distribute malware, spyware, ransomware or harmful code
- Send spam or unauthorized advertising
- Impersonate another individual or organization
- Upload content that infringes intellectual-property rights
- Disclose another person’s private information without authority
- Circumvent access, subscription or security controls
- Gain unauthorized access to Accounts, systems or databases
- Probe or exploit vulnerabilities without written authorization
- Manipulate XP, rankings, scores, reviews or achievements
- Use multiple Accounts to obtain improper rewards or benefits
- Falsify task, examination or challenge results
- Automate interactions in a manner not expressly authorized
- Scrape, harvest or systematically extract platform data
- Interfere with the operation or performance of the Service
- Overload platform infrastructure
- Reverse engineer protected elements except where the law expressly permits it
- Copy or reproduce substantial parts of the platform database
- Resell access to the Service
- Use SoundSurf branding in a misleading or unauthorized manner
Security vulnerabilities should be reported privately to soundsurfwebapp@gmail.com and must not be exploited or publicly disclosed in a manner that increases risk to users.
14. XP, Rankings, Badges and Virtual Features
XP, rankings, badges, levels, achievements, virtual rewards and similar platform features:
- Exist only within SoundSurf
- Have no cash value
- Are not legal currency
- Cannot be sold or exchanged outside permitted platform functionality
- Do not create ownership rights in the underlying platform system
- May be recalculated to correct errors, abuse or technical problems
SoundSurf may correct XP, rankings, rewards or achievements where they were obtained through:
- Fraud
- Bugs
- Exploits
- Duplicate submissions
- Unauthorized automation
- Administrative or calculation errors
Corrections will be proportionate and will not be used arbitrarily.
Where an Account restriction or correction materially affects a user, SoundSurf may provide an explanation and review method where required by law.
15. User-Generated Content
Users may create, upload, publish or transmit User Content, including:
- Profile information
- Profile pictures
- Presets
- Reviews and ratings
- Comments
- Messages
- Challenge submissions
- Support attachments
- Titles and descriptions
- Audio-related materials
You retain ownership of the User Content that you create.
You are responsible for ensuring that your User Content:
- Is lawful
- Is accurate where presented as factual
- Does not infringe copyright, trademark, privacy or other rights
- Does not contain malware or harmful material
- Can lawfully be uploaded and shared by you
- Complies with these Terms
You must not upload confidential or proprietary material unless you have permission to do so.
16. License Granted to SoundSurf
By uploading User Content, you grant SoundSurf a non-exclusive, worldwide, royalty-free license to:
- Host
- Store
- Reproduce
- Format
- Encode
- Display
- Transmit
- Distribute
- Make technically necessary modifications
- Create thumbnails or previews
- Make backups
- Moderate the content
This license is limited to operating, securing, promoting within the Service, maintaining and improving the functionality through which the User Content was submitted.
The license does not transfer ownership of your User Content to SoundSurf.
The license continues for as long as the User Content remains available through the Service and for a reasonable period afterward where technically necessary for backups, legal compliance, dispute resolution or security.
SoundSurf will not sell ownership of a user’s preset or represent itself as the creator of that preset.
17. Presets and Rights Granted to Other Users
Users retain ownership of original presets they create.
When a user intentionally makes a preset downloadable or shareable through SoundSurf, that user grants other SoundSurf users a limited, non-exclusive, non-transferable license to:
- Download the preset through the intended platform feature
- Install and use the preset in personal or commercial music productions
- Modify the preset for their own music-production use
Unless the preset creator expressly provides broader permission, other users must not:
- Resell the preset as a standalone product
- Redistribute the original preset outside SoundSurf
- Re-upload it under another name
- Claim authorship
- Include it in another preset pack
- License it to third parties as a standalone asset
Music created using a lawfully shared preset remains owned by the relevant music creator, subject to any third-party samples, software licenses or other rights involved.
SoundSurf cannot guarantee that every user will comply with these restrictions but may act on substantiated infringement reports.
Preset creators should retain their own backup copies. SoundSurf is not intended to serve as the sole archival location for important files.
18. Third-Party Samples, Plugins and Software
A preset may depend on third-party:
- Synthesizers
- Plugins
- Sample libraries
- Software
- Fonts
- Audio files
- Licenses
Users are responsible for obtaining the software and licenses required to use a preset.
The availability of a preset through SoundSurf does not grant a license to any third-party plugin, sample, software or copyrighted material.
Users must not embed or redistribute samples or assets where the applicable license prohibits redistribution.
References to third-party brands and products are used for identification or educational purposes and do not imply endorsement unless expressly stated.
19. Messaging and Community Interactions
SoundSurf may allow users to communicate with one another.
Users must not use messaging features to:
- Harass or threaten others
- Send unsolicited bulk messages
- Distribute scams or malicious links
- Request passwords or financial credentials
- Share unlawful content
- Collect personal information improperly
- Circumvent a block or moderation restriction
Users should exercise caution before sharing personal information or moving a conversation outside SoundSurf.
SoundSurf does not guarantee the identity, accuracy or trustworthiness of another user.
Private messages are not intended to be publicly visible. However, SoundSurf may access, preserve or review communications where reasonably necessary to:
- Deliver the messaging service
- Investigate a report
- Protect users
- Detect fraud or abuse
- Maintain platform security
- Enforce these Terms
- Comply with a legal obligation
Any such processing is also governed by the Privacy Policy.
20. Content Moderation
SoundSurf may review, restrict, remove, disable or reduce access to User Content where we reasonably believe it:
- Is illegal
- Violates these Terms
- Infringes third-party rights
- Presents a security or safety risk
- Is fraudulent or misleading
- Abuses platform functionality
- Must be restricted under a valid legal order
Moderation may involve human review, automated tools or a combination of both.
SoundSurf will seek to apply moderation measures proportionately, taking account of:
- The nature and seriousness of the violation
- Its frequency
- The risk to users
- The context
- Previous violations
- The interests and fundamental rights of affected persons
Where required by applicable law, affected users will receive a clear statement of reasons and information about available review options.
21. Reporting Illegal or Prohibited Content
Users and third parties may report allegedly illegal or prohibited content through:
- An in-platform reporting feature, where available
- Email to soundsurfwebapp@gmail.com
A report should include, where possible:
- The exact location or URL of the content
- A clear explanation of why it is allegedly illegal or prohibited
- The reporter’s name and email address, except where anonymity is legally protected
- A statement that the report is submitted in good faith
- Supporting evidence
SoundSurf may request further information when a report is incomplete.
Submitting a report does not guarantee removal. SoundSurf will assess reports objectively and in accordance with applicable law.
Knowingly submitting false, abusive or misleading reports may violate these Terms.
22. Appeals and Content-Moderation Complaints
A user who disagrees with a content-removal, Account-restriction or other moderation decision may request review by contacting:
The request should identify:
- The relevant Account or content
- The decision being challenged
- Why the user believes the decision was incorrect
- Any supporting information
Where required by the Digital Services Act or other applicable law, SoundSurf will provide access to an internal complaint mechanism free of charge and will review eligible complaints in a timely, diligent and non-discriminatory manner.
Eligible users may also have access to certified out-of-court dispute-settlement bodies or judicial remedies where provided by law.
23. SoundSurf Intellectual Property
Except for User Content and third-party materials, the Service and Platform Content are owned by or licensed to SoundSurf.
Protected materials may include:
- The SoundSurf name and logo
- Platform design
- User interface
- Source code and object code
- Databases
- Text and educational materials
- Tasks, missions and questions
- Graphics and illustrations
- Audio and visual materials
- XP and progression systems
- Taxonomies and content structures
- Original characters and fictional worlds
- Branding and marketing assets
Subject to these Terms, SoundSurf grants users a limited, personal, revocable, non-exclusive and non-transferable license to access and use the Service for its intended purposes.
Users may not, without authorization:
- Reproduce substantial parts of Platform Content
- Redistribute paid content
- Publish answer databases
- Copy complete courses or task libraries
- Sell or sublicense Platform Content
- Remove ownership notices
- Create misleading derivative services
- Use SoundSurf content to build a competing database or platform
- Use automated extraction to create datasets from the Service
Nothing in these Terms transfers ownership of SoundSurf intellectual property to the user.
24. Educational and Artificial Intelligence Content
SoundSurf may use artificial intelligence-assisted tools to create, structure, edit or organize:
- Lessons
- Tasks
- Quizzes
- Questions and answers
- Hints
- Explanations
- Mission content
- Platform descriptions
- Support materials
SoundSurf aims to review and improve educational content but does not guarantee that every item is free from error, omission or ambiguity.
AI-assisted and other educational materials are provided for learning and informational purposes.
They are not a substitute for:
- Professional audio-engineering services
- Legal advice
- Financial advice
- Medical advice
- Manufacturer documentation
- Safety instructions
- Individual professional judgment
Music-production techniques can produce different results depending on the equipment, software, source material, monitoring environment and creative objective.
Users remain responsible for verifying important technical decisions and protecting their own projects, hearing, equipment and data.
Suspected content errors may be reported to soundsurfwebapp@gmail.com.
25. Third-Party Services and Links
The Service may integrate with or link to third-party services, including:
- Stripe
- Base44
- IONOS
- Google services
- Cookiebot by Usercentrics
- Social-media services
- Music-production software providers
- External websites
Third-party services are governed by their own terms and privacy policies.
SoundSurf does not control independent third-party services and is not responsible for their content, policies or availability, except where liability cannot lawfully be excluded.
Use of a third-party service may require a separate Account or agreement.
26. Platform Availability, Maintenance and Beta Features
SoundSurf aims to provide a reliable Service but does not guarantee uninterrupted or error-free availability.
Access may be interrupted because of:
- Scheduled maintenance
- Emergency maintenance
- Security incidents
- Software updates
- Hosting-provider failures
- Network failures
- Events outside reasonable control
Where reasonably possible, SoundSurf will seek to minimize disruption.
Features marked as beta, preview, experimental or early access may:
- Be incomplete
- Change more frequently
- Contain errors
- Have limited availability
- Be withdrawn before general release
Mandatory statutory quality and conformity rights remain unaffected.
27. Changes to the Service
SoundSurf may update the Service for valid reasons, including:
- Improving functionality
- Adding features
- Addressing security risks
- Fixing defects
- Adapting to user demand
- Responding to changes in technology
- Complying with legal requirements
- Replacing unavailable third-party services
- Preventing fraud or abuse
Changes will not impose additional charges during an already-paid billing period unless expressly agreed.
Where a modification negatively affects a Consumer’s access to or use of a paid Digital Service beyond a minor extent, SoundSurf will provide clear advance notice where required by law.
The Consumer may have the right to terminate the contract without charge within the applicable statutory period unless SoundSurf allows continued access to the unmodified Service without additional cost.
28. Suspension and Termination by SoundSurf
SoundSurf may restrict, suspend or terminate access where reasonably necessary because:
- The user materially or repeatedly violates these Terms
- The user engages in fraud
- Payment remains lawfully due
- The Account creates a security risk
- The user manipulates platform systems
- The Account is used unlawfully
- The user seriously harms another user
- SoundSurf is required to act by law or court order
- Continued access would expose SoundSurf or others to material risk
Except where immediate action is reasonably necessary, SoundSurf will seek to provide notice and an opportunity to correct the issue.
Immediate action may be appropriate in cases involving:
- Serious illegality
- Child safety
- Credible threats
- Fraud
- Malware
- Account compromise
- Severe harassment
- Material infrastructure risk
- Repeated violations
- A binding legal order
Where required by law, SoundSurf will provide the affected user with reasons and available review options.
29. Account Closure by the User
Users may stop using SoundSurf at any time.
An Account may be closed through an account-deletion feature, where available, or by contacting:
Closing an Account does not automatically:
- Cancel amounts already lawfully due
- Create a refund
- Remove content that must be retained by law
- Delete content contained in another user’s lawful communications
- Remove anonymized or aggregated data
- End licenses already granted to other users for downloaded presets
Account deletion and personal-data deletion are handled in accordance with the Privacy Policy and applicable law.
Users should download or back up important files before closing their Account.
30. Effect of Termination
After Account termination:
- The user’s right to access the Service ends
- Premium features become unavailable
- Public User Content may be removed or anonymized
- SoundSurf may retain records required for legal, accounting, security or dispute-resolution purposes
- Licenses granted to users who already lawfully downloaded a shared preset may continue
- Provisions intended to survive termination remain effective
Sections concerning intellectual property, licenses, payment obligations, liability, dispute resolution and other provisions that by their nature should survive will remain in effect.
31. Disclaimers
The Service is supplied with the level of care and conformity required by applicable law.
To the extent permitted by law, SoundSurf does not promise that:
- Every educational answer will be universally applicable
- Using the Service will produce a particular creative result
- A user will obtain employment, income, streams, releases or professional recognition
- Every preset will work with every software version
- User Content will always remain available
- Other users will behave lawfully
- Third-party services will remain available
Nothing in this section excludes an express contractual commitment or mandatory statutory guarantee.
32. Limitation of Liability
Nothing in these Terms excludes or limits liability where doing so would be unlawful, including liability for:
- Fraud or fraudulent misrepresentation
- Intentional misconduct
- Gross negligence where it cannot be excluded
- Death or personal injury caused by negligence
- Breach of mandatory consumer rights
- Any other liability that cannot lawfully be limited
For Consumers, SoundSurf remains responsible for losses that are a foreseeable result of SoundSurf’s breach of contract or failure to use legally required care.
SoundSurf is not responsible for losses caused solely by:
- The user’s violation of these Terms
- Unauthorized sharing of credentials
- Incompatible third-party software
- The user’s failure to maintain reasonable backups
- Unlawful User Content
- Events outside SoundSurf’s reasonable control
SoundSurf is not responsible for business losses suffered by a Consumer using the Service primarily for private purposes, including lost profits, business interruption or lost commercial opportunities, except where applicable law provides otherwise.
For users acting in a trade, business or profession, and only to the extent permitted by law, SoundSurf’s total aggregate liability arising from the Service will not exceed the greater of:
- The subscription fees paid by that user during the 12 months preceding the event giving rise to liability
- €100
This business-user limitation does not apply to liability that cannot lawfully be limited.
33. Responsibility of Business Users
A user acting in the course of a trade, business or profession agrees to compensate SoundSurf for direct losses, liabilities and reasonable legal costs resulting from:
- Unlawful User Content submitted by that user
- An intentional violation of third-party intellectual-property rights
- Fraudulent use of the Service
- A material violation of these Terms
This obligation applies only to the extent that the loss was caused by that business user and does not apply to Consumers.
34. Force Majeure
SoundSurf will not be liable for delay or failure caused by events beyond its reasonable control, including:
- Major internet or telecommunications failures
- Power outages
- Natural disasters
- War
- Civil unrest
- Government action
- Cyberattacks not reasonably preventable through appropriate measures
- Widespread third-party infrastructure failures
- Strikes
- Public-health emergencies
SoundSurf will take reasonable steps to reduce the effect of such events and restore the Service.
Mandatory consumer rights remain unaffected.
35. Privacy and Cookies
The processing of personal data is governed by the SoundSurf Privacy Policy.
The use of cookies and similar technologies is explained in the SoundSurf Cookie Policy and Cookie Settings interface.
The Privacy Policy and Cookie Policy form separate notices and do not replace these Terms.
36. Communications
SoundSurf may send users:
- Account notices
- Security alerts
- Payment confirmations
- Subscription notices
- Service updates
- Moderation decisions
- Support communications
- Legally required notices
These communications may be sent by email, in-app notification or another appropriate durable medium.
Users are responsible for keeping their contact information current.
Marketing communications will be sent only where permitted by law and can be unsubscribed from separately.
37. Changes to These Terms
SoundSurf may update these Terms for valid reasons, including:
- Changes to the Service
- New features
- Security requirements
- Legal or regulatory changes
- Changes to payment or infrastructure providers
- The need to clarify existing provisions
- The prevention of fraud or abuse
The updated version will display a revised “Last Updated” date.
For material changes that adversely affect active paid subscriptions, SoundSurf will provide reasonable advance notice where required.
The notice will explain the effective date and, where applicable, the user’s right to cancel.
Changes will not retroactively remove rights already acquired by a user.
Continued use may constitute acceptance only where legally valid and after adequate notice. Where explicit acceptance or consent is required, SoundSurf will request it separately.
38. Governing Law
These Terms are governed by Italian law.
However, a Consumer residing in another country retains the benefit of any mandatory consumer protections provided by the law that would apply in the absence of this governing-law clause.
Nothing in these Terms deprives a Consumer of mandatory protections available under European Union law or the law of their habitual residence.
39. Disputes and Competent Courts
Users are encouraged to contact SoundSurf first so that the parties may attempt to resolve a dispute informally:
For Consumers residing in Italy, disputes will be submitted to the court of the Consumer’s place of residence or domicile where Italian consumer law requires that forum.
Consumers residing elsewhere may bring proceedings before any court available to them under applicable consumer and private-international-law rules.
For users acting exclusively in a trade, business or profession, disputes will be submitted to the competent Italian courts, unless the parties lawfully agree otherwise.
Nothing in this section limits a user’s right to use an applicable alternative or out-of-court dispute-resolution procedure.
40. No Waiver
A failure by SoundSurf to enforce a provision immediately does not waive the right to enforce it later.
Any waiver must be clear and applies only to the specific situation for which it was given.
41. Severability
If any provision of these Terms is found unlawful, invalid or unenforceable, that provision will be interpreted or limited to the minimum extent necessary.
The remaining provisions will continue in effect unless the invalid provision is essential to the contract and applicable law requires otherwise.
42. Assignment
Users may not transfer their Account or contractual rights without SoundSurf’s prior written consent.
SoundSurf may transfer its rights and obligations in connection with a genuine business transfer, restructuring or change of operator, provided that:
- The transfer does not reduce mandatory user rights
- Users receive notice where required
- Personal data remains protected
- Consumers retain any termination rights required by law
43. Entire Agreement
These Terms, together with documents expressly incorporated into them and the information presented during checkout, constitute the agreement governing use of the Service.
In the event of a conflict:
- Mandatory law prevails
- Specific checkout terms prevail for the relevant subscription
- Additional feature-specific terms prevail for that feature
- These general Terms apply in all other cases
44. Contact Information
Questions, complaints and legal notices concerning these Terms may be sent to:
SoundSurf
Operated by Lorenzo Vozza
Via Vetralla 9
00048 Nettuno (RM)
Italy
Email: soundsurfwebapp@gmail.com