Terms & Conditions

1. Introduction

SoundMadeSeen ABN: 20 198 657 950 ("SoundMadeSeen," "we," "us") is the Developer of SoundMadeSeen, an AI-powered web application ("Web App") that lets you upload your podcasts, audiobooks, or any audio content. Generating engaging video clips, detailed show notes, and even blog posts based on your audio.

By accessing and using the Web App, you agree to these Terms and Conditions, forming a legally binding agreement between SoundMadeSeen and you, the User. Please carefully review these Terms before using the Web App.

2. Use of Service

2.1 SoundMadeSeen grants Users access to the Web App at https://soundmadeseen.com/ to facilitate the creationof video content derived from your podcasts, audiobooks, or any audio content.

2.2 The Web App is tailored for podcasters and content creators, offering a suite of tools and functionalities aimed at enhancing the visual appeal and reach of your audio Content.

2.3 Users must adhere to all terms and conditions outlined herein while utilising the Web App.

2.4 This encompasses respecting copyright laws, ensuring the accuracy of Content generated, and maintaining ethical standards in content creation.

2.5 By leveraging the Web App for video creation purposes, Users acknowledge their responsibility to produce content that aligns with legal and ethical guidelines, thereby fostering a positive and compliant environment within the platform.

3. Web App Features

3.1 Users can upload audio files (podcasts, music tracks, narrations) for automatic conversion into videos.

3.2 SoundMadeSeen's AI technology can identify and extract key points from your audio Content.

3.3 Users can create voiceovers for their videos using a selection of voices .

3.4 SoundMadeSeen generates time-stamped transcripts of uploaded audio files.

3.5 Users can edit and refine their Content based on the generated transcript.

3.6 SoundMadeSeen offers an intuitive interface for generating show notes, social media posts, and blog content based on uploaded audio.

3.7 SoundMadeSeen is a User-friendly video editor that allows users to enhance their videos with visuals.

4. User Experience and Functionality

4.1 SoundMadeSeen offers an interface for creating simple single-scene videos. Users can navigate through the platform to access various features and tools.

4.2 SoundMadeSeen enables users to generate single-scene videos with ease. Users have the option to add text, images, optional background videos from a selection, shapes (such as squares, triangles, etc.), waveform viewers, progress bars, and subtitles to enhance their videos.

4.3 SoundMadeSeen provides users with a range of customisation options to personalise their videos. Users can adjust text fonts, sizes, and colours, as well as position and animate elements within the scene, to create visual Content.

4.4 SoundMadeSeen offers users the ability to incorporate shapes such as squares, triangles, and other geometric forms into their videos. Users can manipulate these shapes to create visual designs and layouts.

4.5 SoundMadeSeen allows users to include waveform viewers and progress bars in their videos to provide visual indicators of audio duration or progression.

4.6 Users can easily add subtitles to their videos to improve accessibility and comprehension. Subtitles can be customised in terms of style, placement, and timing to suit the User's preferences and requirements.

5. Integration

5.1 Users may generate embed codes through SoundMadeSeen's platform to embed videos into their own websites and download their videos to upload to social media platforms of their choice.

5.2 This integration feature enables seamless incorporation of your video content into personal or business websites.

5.3 Videos that users have set as publicly accessible are available to view on a public video view page on our website, similar to platforms like YouTube, increasing the discoverability and visibility of User-generated Content.

5.4 By utilising the embed code generation functionality, Users acknowledge and agree that SoundMadeSeen facilitates the integration of video content into websites and the downloading of videos for social media sharing.

5.5 Users understand and agree that this integration serves to amplify the visibility and accessibility of User-generated Content, fostering engagement and interaction within a broader audience base.

5.6 Users agree that SoundMadeSeen is not liable for any issues arising from the use of the embed codes, including but not limited to technical difficulties, unauthorised access, or third-party misuse of the embedded Content. SoundMadeSeen provides this functionality "as is" without any warranties or guarantees, express or implied.

5.7 Users are solely responsible for ensuring their use of this functionality complies with all applicable laws and regulations.

5.8 Users retain full ownership and control over the Content generated through SoundMadeSeen's platform, including videos embedded into websites and those uploaded to social media. SoundMadeSeen does not claim any rights or ownership over User-generated Content beyond the scope necessary to provide the services outlined in these Terms and Conditions.

5.9 Integration of videos into social media platforms through SoundMadeSeen's embed codes is subject to the terms and policies of the respective social media platforms. Users are responsible for complying with these terms and ensuring the lawful and ethical dissemination of Content across social media channels.

5.10 SoundMadeSeen may provide guidelines or best practices for utilising embed codes and integrating videos into social media. Users are encouraged to follow these guidelines to optimise the impact and effectiveness of their content integration strategies. Subscription Payment and Management

6 Subscription Plans

6.1 SoundMadeSeen offers various subscription plans based on the number of minutes of video created within each monthly cycle.

6.2 Users may sign up for a free trial on the Influencer plan for 14 days.

6.3 At the end of the two week trial, users must sign up to one of the subscription tiers to continue access to The Service.

6.4 Subscription tiers and pricing for accessing the Web App are outlined at

https://soundmadeseen.com/pricing

6.5 The Service or some parts of the Service are available only with a paid Subscription.

6.6 Users will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly, or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

6.7 At the end of each period, your Subscription will automatically renew under the exact same conditions unless you cancel it or SoundMadeSeen cancels it.

Pricing

6.7 Creative Plan: $9.95/month or $7.95 per month (if paid annually)

6.8 Influencer Plan: $14.95/month or $12.95/month (if paid annually)

6.9 Business Plan: $25.95/month or $20.95/per month (if paid annually)

Free Trial Plans

6.10 Users may be required to enter their billing information in order to sign up for the Free Trial.

6.11 If Users provide their billing information during the Free Trial sign-up, SoundMadeSeen will not charge them until the Free Trial expires.

6.12 On the final day of the free trial, unless Users cancel their Subscription, they will be automatically charged the applicable subscription fees for their selected type.

6.13 SoundMadeSeen reserves the right, at any time and without notice, to (i) modify the terms and conditions of the Free Trial offer or (ii) cancel such Free Trial offer.

Payment Method

6.14 Payment processing is handled through Stripe, allowing credit card payments.

7. Cancellation

7.1 SoundMadeSeen does not charge any cancellation fees or penalties when terminating a subscription.

7.2 Users only need to wait until the end of the current billing period for the cancellation to become effective.

7.3 Users can cancel their subscription renewal either through their Account settings page or by contacting SoundMadeSeen.

7.4 Users will not receive a refund for fees already paid for their current subscription period. They will retain access to the Service until the end of their current subscription period.

8. Responsibilities

8.1 Users must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of their account.

8.2 Users are responsible for safeguarding the password used to access the Service and for any activities or actions under their password, whether it's with Our Service or a Third-Party Social Media Service.

8.3 Users agree not to disclose their passwords to any third party and must notify us immediately upon becoming aware of any breach of security or unauthorised use of their account.

8.4 Users may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark subject to any rights of another person or entity other than them without appropriate authorisation, or a name that is otherwise offensive, vulgar, or obscene.

9. Content

User Right to Post Content

9.1 Users have the right to post Content on SoundMadeSeen, and they are responsible for its legality, reliability, and appropriateness.

9.2 By posting Content, you grant us permission to use, modify, publicly perform, display, reproduce, and distribute it on the Service.

9.3 Users retain ownership of their Content and confirm that it doesn't violate anyone else's rights.

Content Restrictions

9.4 Users are solely responsible for the Content they post.

9.5 Users may not post unlawful, offensive, or spam content.

9.6 Users may not post or create content that is intentionally misleading, harmful, defamatory, or that impersonates other individuals or organisations.

9.7 SoundMadeSeen reserves the right to remove or edit Content that violates these terms.

9.8 Posting or creating objectionable Content may result in limitations or revocation of your access to the Web App.

Rights to Content

9.9 All Content on the Web App, including designs, text, graphics, and software, is our property or that of our licensors, with all rights reserved.

9.10 Users may not copy, modify, publish, distribute, or sell any part of the Content without our prior written permission.

License to Content

9.11 As a registered User, you have a limited license to use the Content, provided you keep all copyright notices intact.

9.12 Users may not upload or republish Content elsewhere or use data mining methods.

9.13 Unauthorised use may violate laws and terminate the license.

Content Backups

9.14 While SoundMadeSeen regularly backs up Content, we can't guarantee any data loss or corruption.

9.15 Backup issues may arise due to corrupt or changing Content during backup.

9.16 SoundMadeSeen supports and troubleshoots backup issues but isn't liable for content integrity or restoration failure.

9.17 Users agree to keep a complete and accurate copy of your Content outside the Service.

10. Data Security, Privacy, and Global Compliance

Data Protection Measures

10.1 SoundMadeSeen employs end-to-end encryption, secure data storage solutions, and regular system updates to guard against unauthorised access.

10.2 SoundMadeSeen plans to implement audits to enhance data security further when resources permit.

10.3 SoundMadeSeen's database is regularly backed up and stored in a secure location. Server instances are also backed up, and all video and audio files are stored on Cloudflare's R2 system, which maintains robust backup protocols.

10.4 These platforms adhere to industry-standard security protocols to protect data from unauthorised access, disclosure, alteration, or destruction.

10.5 Access to databases containing User data is strictly limited to authorised SoundMadeSeen employees who require access for legitimate business purposes.

10.6 Access controls are implemented based on the principle of least privilege, ensuring that personnel access only the data necessary for their roles.

Personal Data Collection

10.7 SoundMadeSeen collects minimal personal data necessary for providing our services, including the first name and surname of Users.

10.8 We do not collect any additional personal information unless explicitly provided by the User for specific purposes and with their consent.

10.9 SoundMadeSeen acknowledges the importance of compliance with data privacy regulations and is committed to meeting its obligations under these regulations.

10.10 User data is kept only for as long as necessary for the purposes for which it was collected or as required by law.

10.11 User's data is processed lawfully, fairly, and transparently, with measures in place to ensure data accuracy, integrity, and confidentiality.

Data Management

10.12 User data is stored within our Web App for the duration of their subscription period.

10.13 User data is kept only for as long as necessary for the purposes for which it was collected or as required by law.

10.14 SoundMadeSeen reviews data regularly and deletes it when it is no longer needed to ensure compliance with privacy regulations.

10.15 If a User requests the deletion of their data, SoundMadeSeen will promptly comply with their request, ensuring the secure and irreversible deletion of all User data from our systems.

10.16 Users may either email us at rane@soundmadeseen.com or submit a request through our feedback form at https://soundmadeseen.com/support.

10.17 By accessing and using the Web App, Users expressly agree to comply with all terms and conditions outlined herein regarding data usage, privacy, legal obligations, and User responsibilities, including but not limited to:

11. Support and Maintenance

11.1 SoundMadeSeen conducts regular checks to ensure the accuracy and integrity of the data presented within our web application. These checks are designed to maintain the reliability of our Service and provide Users with confidence in the information displayed.

11.2 SoundMadeSeen offers full technical support to clients using our web application.

11.3 Users can access technical support via email or through our support page at https://soundmadeseen.com/support to address any questions, concerns, or issues they may encounter while using SoundMadeSeen.

12. Limitation of Liability

12.1 While SoundMadeSeen endeavours to provide consistent support, maintenance, and technical assistance as described in this clause, there may be instances beyond our control that prevent us from fulfilling these commitments. In such cases, SoundMadeSeen shall not be held liable for any damages, losses, or disruptions resulting from circumstances including but not limited to server outages, technical failures, or force majeure events.

12.2 SoundMadeSeen reserves the right to modify, suspend, or discontinue support, maintenance, or technical assistance temporarily or permanently without prior notice. However, we will make reasonable efforts to notify Users of any such changes in advance whenever feasible.

12.3 Users acknowledge and agree that SoundMadeSeen's liability for any issues related to support, maintenance, or technical assistance is limited to the extent permitted by law.

13. Refund Policy

13.1 SoundMadeSeen does not offer refunds for subscription payments except under the specific circumstances outlined below.

13.2 Users may be eligible for a full refund if they cancel their subscription within 72 hours of subscription.

13.3 After the initial 72-hour period, no refunds will be issued for either monthly or annual subscriptions.

13.4 Users are encouraged to review the subscription details and terms before committing to ensure it meets their needs and expectations.

13.5 SoundMadeSeen reserves the right to modify this refund policy at any time. Any changes will be communicated to users via email or through the platform.

Statutory Rights

13.6 Nothing in this Refund Policy or the Terms and Conditions limits or modifies the User's statutory rights under the Australian Consumer Law (ACL) or other applicable consumer protection laws.

13.7 Requests for refunds must be submitted via email to rane@soundmadeseen.com or through our support page at https://soundmadeseen.com/support.

14. Disclaimer

Accuracy of Information

14.1 SoundMadeSeen strives to provide accurate and up-to-date information through its Web App and associated services.

14.2 While we make every effort to ensure accuracy, we do not guarantee the completeness, correctness, or reliability of any information on the Web App.

Earnings and Financial Projections

14.3 SoundMadeSeen does not guarantee specific earnings, financial outcomes, or results from using the Web App.

Third-Party Content and Integration

14.6 SoundMadeSeen is not responsible for the accuracy or legality of third-party Content or services integrated into the Web App.

14.7 SoundMadeSeen disclaims liability for consequences resulting from decisions made based on information provided by the Web App.

Use of Results and Decisions

14.8 Users are solely responsible for the use of information obtained through the Web App.

14.9 SoundMadeSeen disclaims liability for consequences resulting from decisions made based on information provided by the Web App.

Software Functionality and Updates

14.10 SoundMadeSeen reserves the right to make changes or updates to the Web App without prior notice.

14.11 SoundMadeSeen disclaims any liability for issues arising from software updates or modifications.

15. Copyright

Intellectual Property Infringement

15.6 SoundMadeSeen promptly responds to intellectual property infringement claims. If you believe the Content of our Service violates your copyright, email the details to rane@soundmadeseen.com.

Disclosure of AI-Generated Voice Use

15.7 Users must clearly disclose their use of our AI-generated voice feature on SoundMadeSeen. Wherever you share Content containing AI-generated voices, users must explicitly state their origin.

15.8 Failure to disclose may lead to account suspension or termination.

DMCA Notice and Procedure

15.9 To submit a DMCA notification for copyright infringement, provide our Copyright Agent with written details, including:

15.10 Contact our copyright agent at rane@soundmadeseen.com. Upon receipt, we'll take appropriate action, including content removal.

Intellectual Property

15.11 The Web App and its original Content are the exclusive property of SoundMadeSeen and its licensors.

Protected by copyright and trademark laws, our trademarks may not be used without prior written consent.

16. Limitation of Liability

16.6 SoundMadeSeen's liability is limited to the extent permitted by law.

16.7 SoundMadeSeen shall not be liable for any direct, indirect, incidental, or consequential damages.

17. Acceptance of Terms and Conditions

17.6 By accessing and using the Web App, Users acknowledge that they have read, understood, and accepted

the terms of these Terms and Conditions, including the Refund Policy and Disclaimer.

17.7 Users agree that their use of the Web App is at their sole risk.

18. Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

19. Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

20. Contact Information

Users agree that their use of the Web App is at their sole risk. For information regarding these Terms and Conditions,

please contact us via email at rane@soundmadeseen.com or through our support page at

https://soundmadeseen.com/support.

Thank you,

SoundMadeSeen