TERMS OF USE

These terms of use (“Terms”) set out the conditions under which you may access and use this website (“Site”) offered by e-soundtrax (“Artist”).

By using the Site, you, your authorized representative, or any entity you represent accept these Terms and the Privacy Policy and agree to be bound by them. It is your responsibility to read these Terms and the Privacy Policy and ensure you understand them before using the Site.

By subscribing to or purchasing any of our plans, you will also be subject to the license terms (“License”), which are added to these Terms and the Privacy Policy (together, the “Agreement”).

You hereby represent and warrant that: (1) you have read the Agreement, understand it, and agree to be bound by the Artist under these Terms; (2) you are not legally restricted from entering into the Agreement; and (3) you are authorized to enter into and perform the Agreement on your own behalf or on behalf of the entity whose details were provided when purchasing our services.

1. Creating an Account

To use the Artist’s services and receive a license to use the Assets (audio files and licenses) as specified in these Terms and in the License, you must (i) create an account on the Site, (ii) provide accurate and complete information, and (iii) pay the applicable fees for the plan you purchase, except in the case of a free trial account.

You are prohibited from providing a non-existent email address or an email address that does not belong to you, impersonating any person or entity, or otherwise misleading us regarding your identity or your payment method information.

You must protect the confidentiality and security of your account credentials (username and password) and you are solely and fully responsible for all activity that occurs under your account. You must notify us immediately of any unauthorized use of your account.

Your account is for individual use and you are not permitted to share your credentials with other persons or entities. The scope of use (personal use or client work) and any additional benefits (for example, whitelist) depend on the plan purchased and are defined in the License.

2. Privacy Policy

Please review our Privacy Policy to learn how we collect and use your personal information.

3. Term, Renewal, and Termination

Access to the Site and services depends on the plan purchased.

The Monthly and Annual plans are recurring billing plans and auto-renew until you cancel. The Lifetime plan is a one-time payment plan and provides lifetime access to downloads, subject to compliance with the Agreement.

You may cancel auto-renewal of recurring plans at any time; cancellation takes effect at the end of the current paid period. If a payment fails, the Artist may suspend access.

The Artist may close or modify the Site at any time; however, the Artist will make reasonable efforts to maintain access for Lifetime plan users. In any event, the Artist does not guarantee uninterrupted availability of the Site (see Section 7).

4. Refund Policy

You may request a refund within 3 calendar days of purchase (the “Refund Period”), provided that you have not downloaded any Asset during the Refund Period.

No refund will be issued if: (i) you do not request a refund during the Refund Period; or (ii) you download any Asset during the Refund Period.

This section does not apply to trial accounts and, therefore, if you are a subscriber with a trial account, you are not entitled to any refund.

5. Intellectual Property

The Assets and content included on the Site and the services offered by the Artist, including text, illustrations, graphics, musical works, photos, the Artist’s name, trademarks, and logos, are protected by copyright and intellectual property rights owned by the Artist.

You are prohibited from using the Artist’s name, trademarks, and logos used on the Site.

You acknowledge and confirm that you do not and will not acquire any ownership or intellectual property rights in the content, recordings, Assets, Site content, Site trademarks, or Site design. Your rights are limited to the rights expressly granted in these Terms and in the License.

The Agreement grants you permission to use the Site and the Assets strictly in accordance with these Terms and is conditioned on your commitment not to violate the Agreement or engage in activities that infringe intellectual property rights or breach the License.

5.A. Prohibition on AI Training Use
You may not use any music, sound, or content available on e-soundtrax to train, develop, or improve artificial intelligence systems, machine learning, neural networks, or similar technologies without the Artist’s express written authorization. Any breach may result in legal action.

6. Artist’s Rights in Case of Breach

You acknowledge that any unauthorized use of the Assets or the Site, or any violation of the Agreement, constitutes a breach and may violate copyright laws. The Artist is entitled to pursue any remedies available at law.

To the extent the infringement is committed by a third party using Assets you downloaded or accessed through your account (for example, employees or representatives), you are responsible for such infringement and must take immediate action to stop it.

The Artist may, at its sole discretion and without prior notice, block your access to the Site or services, temporarily or permanently, if you violate any applicable law or any term of the Agreement, or in the event of disruption to the Artist’s regular business or the Site.

The Artist reserves the right to disclose your personal information or information about your use of the Site if such disclosure is necessary to: (1) comply with legal requirements or court orders; (2) enforce the Agreement; or (3) protect the Artist’s rights.

7. Disclaimer

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (I) THE SITE AND SERVICES PROVIDED BY THE ARTIST ARE OFFERED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTY OF ANY KIND, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER WARRANTY ARISING UNDER ANY LAW; (II) THE ARTIST DOES NOT GUARANTEE THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (III) THE ARTIST SHALL NOT BE LIABLE IF ANY ASSET IS UNAVAILABLE ON THE SITE FOR ANY REASON; (IV) THE ARTIST RESERVES THE RIGHT TO REMOVE AND/OR ADD ASSETS TO THE SITE AT ANY TIME; (V) THE ARTIST SHALL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES, MONETARY OR OTHERWISE, INCURRED AS A RESULT OF CHANGES TO THE SITE OR SERVICES, TEMPORARY OR PERMANENT CESSATION OF SERVICES, OR CHANGES TO CONTENT, RECORDS, OR ASSETS ON THE SITE.

8. Indemnification

You agree to indemnify the Artist, collaborators, service providers, and any related parties against any damage, loss, lost profits, payment, or expense (including attorneys’ fees and legal costs) arising from your use of the Site and services, your breach of the Agreement, or your violation of any applicable law or third-party rights.

9. Third-Party Services

By subscribing to or using the Artist’s services, you may also be using one or more third-party services, such as internet or payment providers. Those third parties may have their own terms, agreements, and policies that apply to you. You acknowledge and agree that the Artist is not responsible for such third-party services, terms, or compliance.

10. Changes to These Terms

The Artist may change or update these Terms, the License, and the Privacy Policy at its discretion. When changes are made, the new version will be posted on the Site. For material changes, we may provide notice.

If you do not agree with the changes, you must stop accessing and using the Site and the Artist’s services. By continuing to access or use the Site, you agree to be bound by the updated version of the Agreement.

11. General

You are responsible for paying any taxes and fees that apply in connection with the Agreement and/or your use of the Assets, to the extent applicable. If the Artist is required to pay such taxes or fees on your behalf, the Artist may charge you those amounts.

These Terms constitute the entire agreement between you and the Artist regarding your access to and use of the Site, the Assets, and the Artist’s services. If a court determines any provision of the Agreement is invalid, illegal, or unenforceable, the remaining provisions will remain valid.

These Terms apply to paid and trial users.