terms of service
overview
the app, sona (the “app”) is operated by pineal labs inc. (“pineal labs”). throughout the app, the terms “we”, “us” and “our” refer to pineal labs. pineal labs offers this app, including all information, tools and services available from this app to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
by downloading, registering with, or using our app, you engage in our “service” and agree to be bound by the following terms and conditions (“terms of service”, “terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink, including, without limitation our privacy policy. these terms of use apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
please read these terms of service carefully before accessing or using our app. by accessing or using any part of the app, you agree to be bound by these terms of service. if you do not agree to all the terms and conditions of these terms of service, then you may not access the app or use any services. if these terms of service are considered an offer, acceptance is expressly limited to these terms of service.
any new features or tools which are added to the app shall also be subject to the terms of service. you can review the most current version of the terms of service at any time on this page. we reserve the right, at our discretion, to update, change, remove or replace any part of these terms of service by posting updates and/or changes to our app. it is your responsibility to check this page periodically for changes. your continued use of or access to the app following the posting of any changes constitutes acceptance of those changes.
section 1 – general conditions
you may not use our products for any illegal or unauthorized purpose nor may you, in the use of the service, violate any laws in your jurisdiction (including but not limited to copyright laws). you must not transmit any worms or viruses or any code of a destructive nature. you must not interfere or tamper with the functioning of the app, nor may you attempt to gain access to information or control of the app not specifically granted to you.
you must not knowingly provide or post any false, misleading, or fraudulent information.
information provided or posted by you must not be defamatory, harassing, offensive, threatening, obscene, or otherwise inappropriate or disruptive.
a breach or violation of any of the terms will result in an immediate termination of your services.
we reserve the right to refuse service to anyone for any reason at any time. you understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. credit card information is always encrypted during transfer over networks.
you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the service, use of the service, or access to the service or any contact on the app through which the service is provided, without express written permission by us.
the headings used in this terms of service are included for convenience only and will not limit or otherwise affect these terms.
section 2 - accuracy, completeness and timeliness of information
we are not responsible if information made available on this app is not accurate, complete or current. the material on this app is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more up-to-date sources of information. any reliance on the material on this app is at your own risk.
this app may contain certain historical information. historical information, necessarily, is not current and is provided for your reference only. we reserve the right to modify the contents of this app at any time, but we have no obligation to update any information on our app. you agree that it is your responsibility to monitor changes to our app.
section 3 – prices and payment
we currently offer the following payment models for using the app:
monthly subscription
yearly subscription
downloading and using the app is free for a specified number of songs (trial version). during this time you can try out and use all functions of the app. after the free trial version ends, the user may subscribe to sona premium (paid version) or sona lite (free version). sona premium is the full version of the app including all songs and functionality. sona lite is the free version of the app with limited functionality and number of songs.
section 4 - modifications to the service and prices
we reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time and at our sole discretion. we shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.
please note that if you are accessing the app via a mobile device, standard fees may be incurred. check with your mobile service provider for details.
section 5 - accuracy of account information
to use both the free and paid part of the app we can ask you to create an account, for which you will need to enter your email address and password. with the help of your account, payment will be made via app store payment system.
you agree to provide current, complete and accurate account information for use of our app. you agree to promptly update your account and other information, including your email address, so that we can contact you as needed.
section 6 - optional tools
we may provide you with access to third-party tools over which we neither monitor nor have any control and/or input.
you acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. we shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
any use by you of optional tools offered through the app is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
we may also, in the future, offer new services and/or features through the app (including, the release of new tools and resources). such new features and/or services shall also be subject to these terms of service.
section 7 - third-party links
certain content, products and services available via our service may include materials from third parties or hypertext links leading to apps or websites that are not operated or controlled by us. third-party links on this app may direct you to third-party apps or websites that are not affiliated with us. we are not responsible for these apps or websites. we have no control over these linked sites, all of which have separate privacy and data collection practices and legal policies independent of these terms. we do not make any representation or warranty about the content or accuracy of the material on any such site. we disclaim all liability and responsibility for any third-party materials, apps or websites, and for any other materials, products, and services of third parties. we also disclaim all liability and responsibility for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party apps or websites. please carefully review the third-party app or website’s policies and practices and make sure you understand them before you engage in any transaction. complaints, claims, concerns, or questions regarding third-party products should be directed to the third party. viewing and any action taken on such third-party apps or websites is entirely at your own risk.
section 8 - user comments, feedback and other submissions
you acknowledge that you are responsible for any material you may submit via the app or otherwise to pineal labs, including the legality, reliability, appropriateness, originality and copyright of any such material. you may not upload to, distribute or otherwise publish through the app or otherwise communicate to pineal labs any content that: (i) is confidential, proprietary, false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” you may not upload commercial content onto the app.
if you submit material via any means to pineal labs, unless we indicate otherwise, you grant pineal labs and its affiliates an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. you further agree that pineal labs is free to use any creative ideas, suggestions, proposals, plans, ideas, concepts, and know-how that you or individuals acting on your behalf provide to pineal labs (“comments”). you grant pineal labs and its affiliates the right to use the name you submit in connection with such material, if they so choose. you represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify pineal labs for all claims resulting from the content you supply.
if you provide to us any comments, whether related to the app or otherwise, and you hereby acknowledge and agree that such comments are not confidential, and that your provision of such comment is gratuitous, unsolicited and without restriction, and does not place pineal labs under any fiduciary or other obligation to you.
you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comment that you forward to us. we are and shall be under no obligation (1) to maintain any comment in confidence; (2) to pay compensation for any comment; or (3) to respond to any comment.
we may, but have no obligation to, monitor, edit or remove any comment that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these terms of service.
you agree that your comments will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. you further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related app or website. you may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comment. you are solely responsible for any comment you make, or that is affiliated with your account or username, and its accuracy and lawfulness. we take no responsibility and assume no liability for any comment posted by you or any third party.
section 9 - personal information
your submission of personal information to us is governed by our privacy policy. click to view our privacy policy https://www.sona.care/privacy-policy.
the app enables you to create an account on the app with a username and password. you are responsible for keeping your username and password confidential and secure, and you are responsible for all actions taken using your username and password. by registering, you may agree to receive communications and promotional materials from pineal labs and its affiliated entities.
section 10 – minors and children
children under the age of 13 (under the age of 16 in the european union) are encouraged not to use the app unsupervised and we ask that they do not register for an account or submit any personal information to us, in accordance with the children’s online privacy protection act (“coppa”). by using the app unsupervised or by registering for an account, you warrant that you are 13 years of age (16 years of age in the eu) or older.
pursuant to 47 u.s.c. section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. information identifying current providers of such protections is available from getnetwise (https://www.getnetwise.org/) and onguard online (http://onguardonline.gov/). please note that pineal labs does not endorse any of the products or services identified on such apps.
section 11- errors, inaccuracies and omissions
occasionally there may be information on our app or in the service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, or availability. we reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the service or on any related app or website is inaccurate at any time without prior notice (including after you have submitted your order).
we undertake no obligation to update, amend or clarify information in the service or on any related app or website, including, without limitation, pricing information, except as required by law. no specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related app or website has been modified or updated.
section 12 - prohibited uses
in addition to other prohibitions as set forth in the terms of service, you are prohibited from using the app or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related app or website, other apps or websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related app, website, other websites, or the internet. we reserve the right to terminate your use of the service or any related app or website for violating any of the prohibited uses.
section 13 - disclaimer of warranties; limitation of liability
we do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
we do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
you agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
you expressly agree that your use of, or inability to use, the service is at your sole risk. the service and all products and services delivered to you through the service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranty or condition of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
in no case shall pineal labs, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the service or any product procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. in no case shall pineal labs be liable for any recommendations, health claims, statements or any other advice or information provided on the app or through any other forms of communication. because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
section 14 - indemnification
in addition to the indemnity obligations contained elsewhere in these terms, you agree to indemnify, defend and hold harmless pineal labs and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, arising from or related to your use of the app; any material you transmit using the app; or your violation, breach or alleged violation or breach of these terms of service, including any claim or liability under the telephone consumer protection act, 47 u.s.c. § 227, et seq., or similar state and federal laws, and any regulations promulgated thereunder resulting from us attempting to contact you at the mobile telephone number you provided.
section 15 - copyright and intellectual property
the content of the service, including, without limitation, the texts, marks, logos, slogans, diagrams, photographs, videos, sounds, music, layout, designs, know-how, technologies, products, and processes are and shall remain the exclusive property of and owned by pineal labs or our affiliated companies, licensors or content providers, and accordingly are protected by copyright, trademarks, patents and all other intellectual or industrial property rights which exist under applicable law.
except as expressly provided in this section 15, nothing contained on our app shall be interpreted or construed as granting you a license or a right to use any such content of our app.
all of the content made available through the app, including, but not limited to, all text and images (“content”), and all software used to make the app available are and shall remain the property of pineal labs and its licensors and suppliers, and are protected by copyright, trademark, patent, and/or other proprietary rights and laws. from time to time, we may permit you to download and view one (1) copy of selected content on the app to which we provide you access or download, on any single computer, solely for your personal, non-commercial home use, subject to your compliance with these terms of service, and solely for so long as you are permitted by pineal labs to access and use the app and provided that you keep intact all copyright and other proprietary notices. except as otherwise expressly authorized here and otherwise in writing in advance by pineal labs, you agree not to reproduce, modify, publish, license, transmit, reuse, rent, lease, loan, sell, distribute, adapt, translate, create derivative works based (whether in whole or in part) on, reverse engineer, decompile or disassemble any service, all or any part of the app, or any content made available through the app.
any content that is a trademark, logo, or service mark is also a registered or unregistered trademark of pineal labs or others. your use of any content, except as provided in these terms of service, without the written permission of the content owner is strictly prohibited. the trade names, trademarks and service marks owned by pineal labs, whether registered or unregistered, may not be used in connection with any product or service that is not pineal labs’s. nothing contained on the app should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of pineal labs’s trade names, trademarks or service marks without our express prior written consent. pineal labs will aggressively enforce its intellectual property rights to the fullest extent of the law, including by seeking criminal prosecution.
section 16 - severability
in the event that any provision of these terms of service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.
section 17 – term and termination
these terms of service are effective until terminated by either you or us. terminations can be made in the app store settings. to manage your subscriptions please: open the settings app in the app store, tap your name, tap subscriptions and tap the subscription that you want to manage. then, choose a different subscription option or tap cancel subscription. if you don’t see cancel subscription, the subscription is already canceled and won't renew.
the contract between pineal labs and the user has a limited duration (e.g. trial, monthly or annual subscriptions). if you signed up for a free trial subscription and you don’t want to renew it, cancel it at least 24 hours before the trial ends. monthly and yearly subscriptions are automatically extended after expiration by the original period if they are not cancelled twenty (24) hours prior to expiration. if you cancel, you can continue using the subscription until the next billing date. if you cancel during a trial period, you might lose access to content immediately.
the obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these terms for all purposes.
if, in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these terms of service, we may terminate these terms or our service at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
you agree that pineal labs, in its sole discretion, may terminate your username, password, account (or any part thereof), or use of the app, and remove and discard any content within the app, at any time and for any reason. in such event and with respect to any use of the app on a mobile device, you must immediately remove the app from your mobile device, including all component parts. you agree that any actions taken under this section 17 may be effective without prior notice to you.
section 18 - entire agreement
the failure of us to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of that right or provision.
these terms of service and all policies and operating rules posted by us on this app or with respect to the service constitutes the entire agreement and understanding between you and us and govern your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the terms of service).
any ambiguities in the interpretation of these terms of service shall not be construed against the drafting party.
section 19 - governing law
these terms of service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of delaware without regard to any conflict of laws principles.
section 20 - changes to terms of service
you can review the most current version of the terms of service at any time at this page.
we reserve the right, in our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes to our app or website. it is your responsibility to check our website and app periodically for changes. your continued use of or access to our app or the service following the posting of any changes to these terms of service constitutes acceptance of those changes.
section 21 - contact information
questions about the terms of service should be sent to us at info@sona.care.
section 22 - claims of copyright infringement
the digital millennium copyright act of 1998 (the “dmca”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under u.s. copyright law. if you believe in good faith that materials available on the app infringe your copyright, you (or your agent) may send to us a written notice by mail or email to the respective addresses set forth below requesting that we remove such material or block access to it. if you believe in good faith that pineal labs has wrongly filed a notice of copyright infringement against you, the dmca permits you to send to us a counter-notice. notices and counter-notices must meet the then-current statutory requirements imposed by the dmca.
notices sent under this section may be emailed to info@sona.care.
section 23 - communication
we may communicate with you by email or by posting notifications on this app. you understand and agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.
effective date: march 31st, 2020