TERMS AND CONDITIONS

These Terms and Conditions (the “Terms”) are entered into by and between you and Saved In Sound, Inc. (“Saved In Sound,” “we,” “us,” or “our”). These Terms, together with any documents they expressly incorporate by reference, govern your access to and use of www.Saved In Sound.com and the Saved In Sound digital memory preservation platform, including any content, features, and services we offer for capturing, storing, and preserving audio and video memories (collectively, the “Service”). Please read these Terms carefully before you start to use the Service. By creating an account, completing a purchase, or otherwise using the Service, or by clicking to accept or agree to these Terms when that option is made available to you, you accept and agree to be bound by these Terms and by our Privacy Policy, found at [PRIVACY POLICY URL], which is incorporated by reference. If you do not agree to these Terms or the Privacy Policy, you must not access or use the Service.

The Service is intended for use by parents and legal guardians. The Service is offered and available only to users who are 18 years of age or older, can form a binding contract with Saved In Sound, and reside in the United States or its territories. By using the Service, you represent and warrant that you meet all of these requirements. Accounts are created and controlled by a parent or legal guardian. A child may not create an account or provide information to Saved In Sound independently. If you create an account that includes the personal information of a child under the age of 13, you represent that you are the child’s parent or legal guardian and that you have authority to agree to these Terms and to provide the consents described below on the child’s behalf. Children’s privacy (COPPA). Saved In Sound collects, uses, or discloses the personal information of a child under 13 only after the parent or legal guardian has provided verifiable parental consent, consistent with the Children’s Online Privacy Protection Act (“COPPA”) and our Privacy Policy. Before any such information is collected, the parent or legal guardian must create the account, agree to these Terms, review and accept the COPPA parental consent notice, and complete payment. You may review your child’s information, refuse to permit its further collection or use, and request its deletion at any time as described in our Privacy Policy.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Service thereafter. However, any changes to the dispute-resolution provisions below will not apply to any dispute for which the parties have actual notice on or before the date the change is posted. Your continued use of the Service after we post revised Terms means you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you. Where a change materially affects personal information previously collected from a child, we will obtain any new verifiable parental consent required by law before applying the change to that information.

To access the Service, you must register for an account and provide certain information. It is a condition of your use of the Service that all information you provide is correct, current, and complete. All information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with that policy. You are responsible for keeping your username, password, and any other security credentials confidential, and for all activity that occurs under your account. Your account is personal to you, and you must not provide any other person with access to the Service using your credentials. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security, and to exit your account at the end of each session. We have the right to disable any account or credentials at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Purchases. Access to the Service is provided on a paid basis. The price, billing frequency, and features of each plan are described at the point of purchase. By purchasing access, you agree to pay all applicable fees and taxes. Payment processing. Payments are processed by our third-party payment processor, Stripe. By providing payment information, you authorize us and Stripe to charge the applicable fees to your selected payment method. We do not collect or store full payment card numbers. Your use of Stripe’s services is subject to Stripe’s own terms and privacy policy. Automatic renewal: Saved In Sound is offered as a recurring subscription service. Unless canceled before the end of the current billing period, your subscription will automatically renew for successive one (1) year terms at the then-current subscription price.
By purchasing a subscription, you expressly authorize Saved In Sound to automatically charge the payment method associated with your account for each renewal term unless and until you cancel your subscription.

Your payment method will be charged at the beginning of each subscription term and on each automatic renewal date thereafter. Renewal charges will occur on or shortly before the expiration of your current subscription period.
If a payment cannot be successfully processed, Saved In Sound may suspend or terminate access to subscription features until payment is successfully received.

You may cancel your subscription at any time through your account settings or by contacting us at hello@savedinsound.com.
Your cancellation will take effect at the end of your current paid subscription period. You will continue to have access to your subscription benefits until the end of that billing period. No further renewal charges will be made after your cancellation becomes effective.
Unless otherwise required by applicable law, subscription fees already paid are non-refundable, and Saved In Sound does not provide refunds or credits for partial subscription periods.

BY COMPLETING YOUR PURCHASE, YOU ACKNOWLEDGE THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW UNTIL YOU CANCEL IT, THAT YOUR DESIGNATED PAYMENT METHOD WILL BE CHARGED AT THE BEGINNING OF EACH RENEWAL TERM, AND THAT YOU HAVE READ AND AGREE TO THESE AUTOMATIC RENEWAL TERMS.

You may request a refund within forty-five (45) days of purchase. Refunds requested within this window will be processed in accordance with our then-current refund practices. Refunds are full if requested within the forty-five-day window. Except as stated here or as required by law, all fees are non-refundable. Price changes. We may change our fees from time to time. Any price change will apply only to billing periods after the change takes effect, and we will provide notice as required by applicable law

Ownership. As between you and Saved In Sound, you retain all right, title, and interest in and to the audio recordings, video recordings, and other content you upload or create through the Service (“Your Content”). These Terms do not transfer any ownership of Your Content to us. License to Saved In Sound. You grant Saved In Sound a limited, non-exclusive, royalty-free, worldwide license to host, store, reproduce, modify (for formatting and display), and transmit Your Content solely as necessary to provide, operate, secure, support, and improve the Service for you, and as directed by your account and sharing settings. We do not sell Your Content or family data, we do not use student or family content for advertising, and we do not publicly display Your Content without your authorization.
Your responsibilities. You represent and warrant that you own or have all rights and permissions necessary to upload Your Content and to grant the license above, including the consent of any individual (or the parent or guardian of any minor) appearing or heard in a recording. You are solely responsible for Your Content, including its legality and appropriateness, and for managing your visibility and account settings.
Access by Saved In Sound. We limit our access to Your Content to what is reasonably necessary to operate, support, secure, or improve the Service; investigate abuse or violations of these Terms; comply with law; or fulfill our obligations to provide the Service, as further described in our Privacy Policy.
Storage, retention, and deletion. Your Content remains stored while your account is active. You may delete Your Content or your account at any time. Upon a verified deletion request, we will delete the associated content, subject to a recovery period of up to thirty (30) days for accidental deletion, after which the content is permanently deleted and scrubbed from our systems unless a longer retention period is required by law. See our Privacy Policy for further detail.

The Service and its entire contents, features, and functionality (including all software, text, displays, images, design, and the selection and arrangement thereof, but excluding Your Content) are owned by Saved In Sound, its licensors, or other providers and are protected by United States and international intellectual property laws.
These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, or transmit any material from the Service except as enabled by the Service’s features or as necessary to access and use the Service for its intended purpose. You must not access or use any part of the Service for any commercial purpose without our prior written consent. If you breach these Terms, your right to use the Service stops immediately. No right, title, or interest in or to the Service is transferred to you, and all rights not expressly granted are reserved by Saved In Sound.

“Saved In Sound,” the Saved In Sound logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Saved In Sound or its affiliates or licensors. You must not use these marks without our prior written permission. All other names, logos, and marks are the property of their respective owners.

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to: Use the Service in any way that violates any applicable federal, state, local, or international law or regulation. Upload or transmit any content that you do not have the rights or permissions to share, or that violates the rights of any person, including privacy, publicity, or intellectual property rights. Exploit, harm, or attempt to exploit or harm any minor in any way. Upload content that is unlawful, defamatory, obscene, abusive, harassing, hateful, or otherwise objectionable. Impersonate or attempt to impersonate Saved In Sound, a Saved In Sound employee, another user, or any other person or entity. Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our prior written consent. Introduce any viruses, malware, or other material that is malicious or technologically harmful. Attempt to gain unauthorized access to, interfere with, damage, or disrupt the Service, the servers on which it is stored, or any connected systems, including through any denial-of-service attack. Use the Service in any manner that could disable, overburden, or impair it or interfere with any other party’s use of the Service.

All content you upload or transmit through the Service must comply with all applicable laws and must not: infringe any intellectual property or other right of any person; violate the legal rights (including privacy and publicity rights) of others; depict or promote unlawful activity; be defamatory, obscene, abusive, harassing, hateful, or otherwise objectionable; or misrepresent your identity or affiliation. Because the Service is intended to preserve family memories, you must have the rights and permissions necessary for every recording you upload, including the consent of any individual featured in it.

We have the right, but not the obligation, to: - Remove or refuse to store any content for any or no reason in our sole discretion. - Take any action with respect to any content we deem necessary or appropriate, including if we believe it violates these Terms, infringes any right, threatens the safety of users or the public, or could create liability for Saved In Sound. - Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Service. - Terminate or suspend your access to all or part of the Service for any violation of these Terms. We do not undertake to review all content before it is uploaded and cannot ensure prompt removal of objectionable content after it appears. We assume no liability for any action or inaction regarding content provided by any user. Upon termination of your account, your right to use the Service ceases. The provisions of these Terms that by their nature should survive termination — including Your Content ownership and license terms, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution — will survive.

We respect the intellectual property rights of others. If you believe that content on the Service infringes your copyright, please send a notice to our designated copyright agent at hello@SavedInSound.com with the information required under the Digital Millennium Copyright Act (17 U.S.C. § 512). It is our policy to terminate the accounts of repeat infringers.

YOUR USE OF THE SERVICE AND ANY CONTENT OBTAINED THROUGH IT IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Saved In Sound NOR ANY PERSON ASSOCIATED WITH Saved In Sound MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICE, OR THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT CONTENT WILL NOT BE LOST. WHILE WE MAINTAIN reasonable safeguards and back-up practices, WE DO NOT GUARANTEE THAT DATA OR CONTENT WILL NEVER BE LOST OR CORRUPTED, AND YOU ARE ENCOURAGED TO MAINTAIN YOUR OWN COPIES OF IMPORTANT RECORDINGS. TO THE FULLEST EXTENT PROVIDED BY LAW, Saved In Sound DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Saved In Sound, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF DATA, LOSS OF GOODWILL, OR EMOTIONAL DISTRESS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. TO THE FULLEST EXTENT PROVIDED BY LAW, THE TOTAL COLLECTIVE LIABILITY OF Saved In Sound AND ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO Saved In Sound IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR ONE HUNDRED DOLLARS ($100). THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless Saved In Sound, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms, Your Content, or your use of the Service, including any claim that Your Content infringes or violates the rights of any third party.

Saved In Sound may partner with schools, PTAs, PTOs, and other school-affiliated organizations that promote the Service to their communities. These organizations do not receive access to student recordings, student profiles, or account content unless you expressly authorize it. Your relationship for the Service is with Saved In Sound, and these Terms and our Privacy Policy govern your use of the Service regardless of how you learned about it.

Saved In Sound is based in the State of Texas in the United States and provides the Service for use only by persons located in the United States. We make no claim that the Service is appropriate or available for use outside the United States. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local law.

All matters relating to the Service and these Terms, and any dispute or claim arising therefrom or related thereto (including non-contractual disputes or claims), are governed by and construed in accordance with the internal laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule. Subject to the Arbitration section below, any legal suit, action, or proceeding arising out of or related to these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in [INSERT COUNTY] County, Texas. You waive any objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Agreement to Arbitrate

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

By accessing or using the Saved In Sound website, mobile application, or any related services (collectively, the "Services"), you and Saved In Sound agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, your account, your use of the Services, or any relationship between you and Saved In Sound shall be resolved exclusively through final and binding arbitration, rather than in court, except as expressly provided below. This arbitration agreement applies to all claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and applies regardless of when the claim arose.

YOU AND SAVED IN SOUND EACH WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE COVERED BY THIS AGREEMENT.

To the fullest extent permitted by law, you and Saved In Sound agree that all claims must be brought solely in an individual capacity and not as a plaintiff or class member in any purported class action, collective action, representative action, mass action, or private attorney general proceeding. The arbitrator shall have no authority to consolidate claims of different individuals or to preside over any form of class or representative proceeding.

Before initiating arbitration, the party seeking relief must first provide written notice describing the nature of the dispute and the requested resolution. Both parties agree to attempt to resolve the dispute informally for at least thirty (30) days before commencing arbitration.

Notices to Saved In Sound should be sent to:
Saved In Sound Email: hello@savedinsound.com

Any arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by these Terms. The arbitration may be conducted remotely by video conference, by telephone, or based solely on written submissions if permitted by the applicable AAA rules and agreed by the parties. The arbitrator shall have exclusive authority to resolve any dispute regarding the interpretation, applicability, enforceability, or formation of this arbitration agreement.

This arbitration agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16). To the extent state law applies, the laws of the State of Texas shall govern without regard to its conflict of law principles.

Saved In Sound is based in the State of Texas in the United States and provides the Service for use only by persons located in the United States. We make no claim that the Service is appropriate or available for use outside the United States. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local law.

Nothing in this section prevents either party from:

• bringing an individual claim in a court of competent jurisdiction that qualifies for small claims court;
• seeking temporary or preliminary injunctive relief to protect intellectual property rights, confidential information, or proprietary information;
• enforcing an arbitration award in a court of competent jurisdiction.

If you create an account on behalf of a child, you represent that you are the child's parent or legal guardian and have authority to agree to these Terms, including this arbitration agreement, on both your own behalf and, where legally permitted, on behalf of your child.

If any portion of this arbitration agreement or class action waiver is found unenforceable, that provision shall be severed, and the remaining provisions shall remain in full force and effect to the fullest extent permitted by law.

At Saved In Sound’s election, it may require you to submit any dispute arising from these Terms or your use of the Service, including disputes concerning their interpretation, validity, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No waiver by Saved In Sound of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Saved In Sound to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions continue in full force and effect.

These Terms and our Privacy Policy constitute the sole and entire agreement between you and Saved In Sound, Inc. regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

This Service is operated by Saved In Sound, Inc. Website: www.SavedInSound.com Email: hello@SavedinSound.com 3114 Gladiolus Ln, Dallas, TX 75233