(Revised 08/26/25)
1. Introduction
Please read these Terms and Conditions of Use (“Terms”) carefully. They govern your use of the Soul Guide for Artists service, including our websites, software applications that reference or link to these Terms, and any content or materials made available through the service (collectively, “Soul Guide for Artists”). Any content accessible via Soul Guide for Artists is referred to in these Terms as the “Soul Guide for Artists Content.”
By accessing or using Soul Guide for Artists, you agree to be bound by these Terms on behalf of yourself and, if applicable, any individual or organization you represent (the “Subscribing Entity”). References to “you” in these Terms refer to both the individual user and any Subscribing Entity.
You represent and warrant that:
- You are authorized to act on behalf of the Subscribing Entity;
- You have the legal authority to bind the Subscribing Entity to these Terms; and
- The Subscribing Entity agrees to be bound by these Terms.
⚠️ IMPORTANT NOTICE – ARBITRATION: These Terms contain a binding arbitration clause (see Section 6) that requires you to resolve disputes with Soul Guide through individual arbitration rather than jury trials, class actions, or other court proceedings.
2. Service Provider
These Terms are between you and:
- Soul Guide USA Inc., a Delaware corporation located at 4 World Trade Center, 150 Greenwich Street, 62nd Floor, New York, NY 10007, if you are subject to U.S. law; or
- Soul Guide AB, located at Regeringsgatan 19, 111 53 Stockholm, Sweden, registered number 556703-7495, if you are subject to the laws of any country outside the United States.
3. Age and Eligibility
To use Soul Guide for Artists, you must:
- Be at least 18 years old (or the legal age of majority in your country);
- Reside in a country where Soul Guide for Artists is available.
You also agree that any registration information you submit is true, accurate, and complete and that you will keep it updated.
4. The Soul Guide Service
Opt-In Programs and Beta Features
From time to time, we may offer optional features or programs (“Programs”) that provide additional tools such as data insights or promotional campaign management. Participation is voluntary and subject to additional terms (“Opt-In Terms”) presented at the time of participation.
We may also release experimental or early-stage features (“Beta Features”) to test functionality. Beta Features may be modified or removed at any time without notice.
Service Limitations and Modifications
While we strive to keep Soul Guide for Artists operational, availability may be interrupted due to maintenance, legal compliance, technical issues, or improvements. We may modify, suspend, or discontinue parts of the service at any time without liability.
Soul Guide is not responsible for outages or disruptions caused by external factors such as government actions, third parties, or force majeure events.
Third-Party Applications and Devices
Soul Guide for Artists may integrate with third-party apps, services, or devices (“Third-Party Services”). Your use of these services may be subject to separate terms from the third-party providers. Compatibility and functionality are not guaranteed.
Data Insights and Reliability
Soul Guide for Artists may provide insights such as music performance and demographic data. These insights are offered “as is,” and we do not guarantee their accuracy or availability. You accept full responsibility for any use of the data and agree to hold us harmless from any resulting damages.
You should not rely on Soul Guide for Artists as your sole means of storing content. We are not liable for any deletion, damage, or failure to store Soul Guide for Artists Content. Please back up your content independently.
5. Your Use of Soul Guide for Artists
Account Creation and Security
To use certain features, you may need to create an account. Your login credentials must be kept confidential. You are responsible for all activity that occurs under your account. Notify us immediately if you suspect unauthorized access.
License and Access
We grant you a limited, non-exclusive, revocable license to access and use Soul Guide for Artists and Soul Guide for Artists Content, provided you comply with these Terms.
You may not:
- Reproduce, distribute, or publicly perform any part of the service;
- Sell, rent, or sublicense access to Soul Guide for Artists;
- Violate any applicable law or these Terms.
All software and content remain the property of Soul Guide or its licensors, even after installation on your device.
Delegated Access
You may authorize others (“Delegates”) to access your account. You are fully responsible for ensuring that Delegates comply with these Terms and for any actions they take. Delegates may sub-delegate access only with your authorization.
You agree that:
- You and your Delegates will comply with these Terms;
- You are responsible for any violations by your Delegates;
- You will be held accountable for all Delegate actions.
Intellectual Property
Soul Guide for Artists, including all software, content, and branding elements (“Soul Guide Brand Features”), are the exclusive property of Soul Guide or its licensors. These Terms do not grant you any rights to use our trademarks, logos, or other brand features without prior written permission.
User Guidelines and Legal Compliance
You must use Soul Guide for Artists in accordance with our User Guidelines, which are designed to promote a respectful and lawful user experience. You agree to comply with all applicable laws and respect the rights of others.
Export Control and Sanctions Compliance
Soul Guide’s services may be subject to U.S. export control laws and regulations (including the EAR, OFAC sanctions, and ITAR), as well as similar laws in other jurisdictions.
You represent and warrant that:
- You are not located in a country subject to U.S. embargoes or listed as a prohibited party;
- You will not export, re-export, transfer, or use any Soul Guide services or technologies in violation of applicable export laws.
You agree to obtain any necessary governmental authorizations prior to engaging in any export-restricted activities involving Soul Guide services.
6. Content and Intellectual Property Rights
User Content
You may post, upload, or otherwise contribute content to Soul Guide for Artists ("User Content"). This includes any information, materials, or other content you submit, create, or distribute via the platform. Soul Guide, or any third party appointed by Soul Guide, may in its sole discretion use, modify, supplement, or replace metadata associated with User Content.
You are solely responsible for all User Content you provide and agree that:
1.You own or have the necessary rights to post your User Content;
2.Your User Content, and its use by Soul Guide as described below:
- Does not violate these Terms, including our User Guidelines or applicable laws;
- Does not infringe the rights of any third party (including intellectual property, privacy, publicity, or contractual rights);
- Does not suggest endorsement by Soul Guide or any third party without written consent;
3.You have obtained all necessary third-party rights, licenses, consents, or approvals for Soul Guide to use your User Content;
4.You are solely responsible for complying with any third-party terms, including royalty or fee obligations;
5.No fees, royalties, or other payments will be due from Soul Guide as a result of its use of your User Content;
6.Your User Content is accurate and complies with our User Guidelines;
7.You will comply with all applicable laws and industry standards, including FTC disclosure and advertising guidelines.
Please be aware that some User Content may be publicly accessible and shared across other Soul Guide platforms or third-party services. Be cautious about what you post and review your account settings carefully. If you share access to an account or page, some information (such as your name, role, access level, and activity) may be visible to other users.
Monitoring and Removal
Soul Guide is not obligated to display or distribute any User Content. We may monitor or review content but are not required to do so. We may remove or disable access to any User Content at our sole discretion and without notice if it violates these Terms, User Guidelines, or applicable law.
Licenses You Grant to Soul Guide
User Content
While you retain ownership of your User Content, by posting it to Soul Guide for Artists, you grant Soul Guide a non-exclusive, transferable, sub-licensable, royalty-free, fully paid, worldwide license to:
- Reproduce, distribute, display, perform, translate, adapt, and create derivative works from your User Content;
- Use it in connection with Soul Guide for Artists, Soul Guide’s music streaming service, and their promotion and marketing, through any medium and format now known or developed in the future.
If you don’t want Soul Guide to use your content this way, please don’t post it.
If your User Content includes your name, image, or likeness, you grant Soul Guide the non-exclusive right to use them in connection with the promotion of your content and the Soul Guide services. Where applicable, and to the extent permitted by law, you waive any “moral rights” or similar rights you may have in the User Content (such as attribution or objection to modification).
Feedback
If you submit suggestions, ideas, or other feedback ("Feedback") regarding Soul Guide for Artists, you acknowledge that it is non-confidential and that Soul Guide may use it without restriction or compensation. Feedback is considered a form of User Content under these Terms.
Device Use
You also authorize Soul Guide for Artists to use the processor, bandwidth, and storage hardware on your device to facilitate operation of the service.
Infringement Claims
Soul Guide respects intellectual property rights. If you believe any content on Soul Guide for Artists infringes your copyright, please refer to our [Copyright Policy].
7. Customer Support, Questions, and Complaints
For customer support, general inquiries, or complaints, please visit the Contact Us section of our website. You may also write to us at the appropriate address listed in the Service Provider section of these Terms.
8. Problems and Disputes
Suspension or Termination of Access
These Terms remain in effect until terminated by either you or Soul Guide. We may suspend or terminate your access to Soul Guide for Artists at any time for reasons including, but not limited to:
- Breach of these Terms;
- Discontinuation of the service;
- Compliance with applicable laws or regulatory requirements.
In the event of a dispute over account ownership (e.g., between Delegates), Soul Guide may suspend access to the affected account until the dispute is resolved. We may make a determination at our discretion, which will be final and binding, or we may defer to a court of competent jurisdiction.
We will also comply with any lawful court orders.
If your access is suspended or these Terms are terminated (whether by you or Soul Guide), we are not responsible for providing refunds or other compensation unless expressly stated in these Terms. If you wish to terminate your account, you may do so at any time via our Customer Support resources.
Survival
The following sections will survive termination of these Terms:
- Section 2: The Soul Guide Service Provided by Us
- Section 3: Your Use of the Soul Guide Service (except as otherwise stated)
- Section 4: Content and Intellectual Property Rights
- Section 6: Problems and Disputes
- Section 7: About These Terms
Any other provisions that, by their nature, should remain in effect after termination
Warranty Disclaimers
SOUL GUIDE FOR ARTISTS IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND—EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, SOUL GUIDE, ALONG WITH ALL OWNERS OF SOUL GUIDE FOR ARTISTS CONTENT, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT SOUL GUIDE FOR ARTISTS OR ANY OF ITS CONTENT WILL BE FREE FROM VIRUSES, MALWARE, OR OTHER HARMFUL COMPONENTS. SOUL GUIDE ALSO MAKES NO GUARANTEES REGARDING THIRD-PARTY APPLICATIONS, CONTENT FROM THIRD PARTIES (INCLUDING USER CONTENT), DEVICES, OR ANY PRODUCTS OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR LINKED FROM SOUL GUIDE FOR ARTISTS. ANY DEALINGS YOU HAVE WITH THIRD PARTIES ARE SOLELY BETWEEN YOU AND THOSE PARTIES, AND SOUL GUIDE BEARS NO RESPONSIBILITY FOR ANY RESULTING ISSUES.
NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY SOUL GUIDE OR ITS REPRESENTATIVES CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability and Time to File a Claim
YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH SOUL GUIDE FOR ARTISTS IS TO DISCONTINUE USING THE SERVICE AND UNINSTALL ANY ASSOCIATED SOFTWARE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SOUL GUIDE SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF OR RELATED TO THIRD-PARTY APPLICATIONS OR THE CONTENT MADE AVAILABLE BY SUCH APPLICATIONS. IF YOU ARE DISSATISFIED WITH ANY THIRD-PARTY APPLICATION OR ITS CONTENT, YOUR ONLY REMEDY IS TO UNINSTALL OR STOP USING IT.
IN NO EVENT WILL SOUL GUIDE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:
- INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES;
- LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), ARISING FROM THE USE OR INABILITY TO USE SOUL GUIDE FOR ARTISTS, ANY DEVICES, THIRD-PARTY APPLICATIONS, OR THEIR CONTENT;
- TOTAL CUMULATIVE LIABILITY EXCEEDING THE GREATER OF:
- THE TOTAL AMOUNT YOU PAID TO SOUL GUIDE IN THE TWELVE (12) MONTHS BEFORE THE FIRST CLAIM; OR
- THIRTY U.S. DOLLARS (USD $30.00).
THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH A CLAIM IS BASED, EVEN IF SOUL GUIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Nothing in these Terms limits Soul Guide’s liability for fraud, fraudulent misrepresentation, or any liability that cannot be excluded or limited under applicable law, including liability for death or personal injury caused by negligence.
ANY CLAIM ARISING UNDER THESE TERMS MUST BE COMMENCED (BY FILING A DEMAND FOR ARBITRATION OR FILING AN INDIVIDUAL ACTION UNDER THE ARBITRATION AGREEMENT BELOW) WITHIN ONE (1) YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD KNOW OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
9. Third-Party Rights
You acknowledge and agree that the owners of Soul Guide for Artists content and certain distributors (such as app store providers) are intended third-party beneficiaries of these Terms and may enforce them directly against you. Except as expressly stated in this section, these Terms do not confer any rights or benefits on any third party.
Apple App Store Notice
If you have downloaded any Soul Guide mobile application (an "App") from the Apple App Store or are using the App on an iOS device, the following additional terms apply:
- These Terms are between you and Soul Guide, not Apple. Apple is not responsible for the App or its content.
- Apple has no obligation to provide maintenance or support for the App.
- If the App fails to comply with any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if applicable). To the fullest extent permitted by law, Apple has no other warranty obligations.
Apple is not responsible for any claims you or a third party make regarding the App, including:
- Product liability;
- Legal or regulatory compliance;
- Consumer protection claims;
- Intellectual property infringement.
- You must comply with all third-party terms applicable to your use of the App.
- Apple and its subsidiaries are third-party beneficiaries of these Terms, and by accepting them, you grant Apple the right to enforce these Terms against you as a third-party beneficiary.
10. Indemnification
You agree to indemnify, defend, and hold harmless Soul Guide from and against all damages, losses, liabilities, and expenses of any kind (including reasonable attorneys’ fees and costs) arising out of or related to:
- Your violation of these Terms (or any additional Soul Guide terms incorporated herein);
- Any User Content you post or contribute;
- Any activity you engage in on or through Soul Guide for Artists;
- Your violation of any applicable law or the rights of any third party.
11. Governing Law, Dispute Resolution & Arbitration
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of California, USA, without regard to its conflict of law principles.
You agree to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California for any disputes that are not subject to mandatory arbitration under these Terms. You waive any jurisdictional or venue objections to those courts.
Arbitration Agreement (U.S. Users Only)
Binding Individual Arbitration
You and Soul Guide agree that any dispute, claim, or controversy arising out of or related to these Terms or your relationship with Soul Guide will be resolved through binding individual arbitration — not in court. This applies to all legal claims, whether based on contract, tort, statute, fraud, or any other legal theory, and whether they arise during or after the termination of these Terms.
You and Soul Guide agree that:
- The arbitrator has exclusive authority to resolve disputes regarding the existence, scope, or validity of this arbitration agreement.
- There is no judge or jury, and court review of an arbitration award is limited.
- The arbitrator must follow these Terms and can award the same damages as a court, including attorney’s fees if allowed under the law.
This agreement to arbitrate will survive termination of these Terms.
Exceptions
This Arbitration Agreement does not preclude either party from:
- Bringing individual claims in small claims court;
- Seeking temporary or preliminary injunctive relief in court;
- Reporting matters to federal, state, or local agencies.
Class Action Waiver
YOU AND SOUL GUIDE AGREE THAT CLAIMS WILL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. Unless both parties agree otherwise, no arbitrator may consolidate claims or preside over any form of representative or class proceeding.
If a court determines that this class action waiver is unenforceable for a particular claim, that claim (and only that claim) will be handled in court, not in arbitration.
Arbitration Rules
- The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by this agreement.
- The Federal Arbitration Act applies.
- Hearings will be conducted by phone or video when possible. If an in-person hearing is required, the arbitrator will determine the location per AAA Rules.
- If you file for arbitration and must pay a filing fee, Soul Guide will reimburse you unless your claim exceeds $10,000.
- Soul Guide will pay other arbitration fees unless otherwise required by AAA Rules or a court.
- The arbitrator must issue a reasoned written decision.
Notice and Process
Before initiating arbitration, you must send a written notice to both:
- Email: support@soulguide.com
- Mail: Soul Guide USA Inc., Attn: General Counsel
4 World Trade Center, 150 Greenwich Street, 62nd Floor
New York, NY 10007, USA
The notice must include:
- A description of the dispute;
- The specific relief you seek.
We’ll try to resolve the matter within 30 days. If we don’t, either party may begin arbitration. If the arbitrator awards you more than our last written offer, we’ll pay the greater of the award or $1,000.
All arbitration-related information must remain confidential unless required by law.
Severability
If any part of this Arbitration Agreement is deemed unenforceable, the remainder shall continue in effect. Any claims not subject to arbitration will fall under the jurisdiction and venue provisions above.
12. General Terms
Your Legal Rights
Some jurisdictions may grant you rights that cannot be limited or waived by contract. These Terms are not intended to restrict any such rights under applicable law.
Changes to These Terms
- We may update these Terms from time to time. When we do:
- We’ll notify you using reasonable means (e.g., by posting the revised Terms or notifying you through the service).
- For material changes, we may also provide additional notice (e.g., email or in-app notifications).
- Changes won’t apply to disputes arising before the updated Terms take effect.
- Continued use of the service after changes means you accept the updated Terms.
- If you disagree with changes, you may terminate your account.
- The “Last Updated” date at the top of this document indicates when the Terms were last revised.
Entire Agreement
Unless explicitly agreed otherwise in writing, these Terms (including any incorporated policies and guidelines) constitute the entire agreement between you and Soul Guide regarding your use of Soul Guide for Artists.
Additional terms incorporated by reference include:
- The Soul Guide User Guidelines
- The Soul Guide Copyright Policy
- The Soul Guide Support Community Terms
Severability and Waiver
If any part of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect.
Failure by Soul Guide or any third-party beneficiary to enforce a right or provision under these Terms does not constitute a waiver of that right.
Assignment
Soul Guide may assign or delegate any of its rights and obligations under these Terms without restriction. You may not assign or transfer these Terms or your rights hereunder without our prior written consent.