Terms & Conditions SoundBerry

This document contains the Terms & Conditions of use of the SoundBerry Platform.

Service Provider: SoundBerry S.r.l. — Via Palmiro Togliatti 78, 09028 - Sestu (CA) — VAT IT04179710928 — info@soundberry.ai

Art. 1 - Definitions

The terms indicated below with a capital letter — declined in both plural and singular — have the following meaning:

Credits: prepaid and exclusively virtual unit of measurement used within the Platform to access the individual features available therein.
Provider: SoundBerry S.r.l., as identified within this document.
Platform: Software Platform produced and marketed by SoundBerry S.r.l..
Service: the service made available through the Platform, as described below.
Software: see "Platform".
SoundBerry: see "Platform".
User: natural person purchasing the Service.
Terms & Conditions: this document containing the conditions of use of the Platform.

Art. 2 - Scope of Application and Acceptance

In order to access and use the Platform, the User must accept these Terms & Conditions.
Upon completion of the registration procedure on the Platform, the User must check the appropriate box declaring that they have read, understood, and accept the Terms & Conditions.
Should the User not intend to accept the provisions of this document, they are requested not to access or use the Platform.
Where the order is placed by a natural person acting as a consumer, the provisions of Part III, Title III, Chapter I of the Italian Consumer Code (Legislative Decree No. 206/05, as amended by Legislative Decree No. 21/14 and Legislative Decree 70/03) shall apply to these Terms & Conditions.
The User declares to be at least 18 years of age, the minimum age required to access and use the Platform.

Art. 3 - Description of the Service

SoundBerry is an innovative platform that uses artificial intelligence tools dedicated to professional music production. The following features are available within the Platform:

Stem Generation (Separate Tracks): the system allows the creation of individual audio tracks based on textual and multimedia inputs. Such files are provided in multi-track format to allow independent editing of each component.
DAW Integration (Plugin): the Provider makes available its proprietary Software in plugin format (VST3, AU, AAX) for direct integration into compatible Digital Audio Workstations (DAWs).
Text-to-Music: conversion of natural language instructions into production-ready audio files.
Audio-to-Audio: conversion of multimedia elements into production-ready audio files.
Audio Separation and Analysis: function for isolating the components of an existing audio file (extraction of vocals, instruments, or percussion).
Metadata Detection: automatic analysis of audio files for identification of BPM (Beats Per Minute), key, and musical scale.

The Service is made available in the form of a subscription or through the purchase of Credits selected by the User, based on the rates indicated on the relevant web page at https://soundberry.ai.

Available subscriptions have monthly or annual duration. In the case of an annual subscription, the User will have a number of non-cumulative monthly Credits, plus the option to purchase extra Credits that are cumulative with monthly ones.

Art. 4 - Registration

In order to access the Service, the User must register and create an account on the Platform.
For registration purposes, the User must enter their first name, last name, email address, and password in the appropriate fields. The User must also review and declare acceptance of the Privacy Policy and Terms & Conditions by checking the appropriate box during registration.
The User declares not to enter false, fabricated, or third-party data in their account, indemnifying the Provider from any liability in the event of the contrary.

Art. 5 - Payment and Billing

Purchases may be made in euros through the Stripe Platform.
For any further information regarding payment management through the above payment method, please refer to the terms and conditions of the service manager.
The invoice for purchased products, confirming payment, will be issued upon payment and forwarded to the email address provided by the User during the purchase procedure.
The invoice will be issued based on the billing data entered by the User during the purchase procedure. The User indemnifies and undertakes to hold the Provider harmless from any damage that the Provider may suffer in the event that the information entered is inaccurate or untruthful.

Art. 6 - Duration, Renewal, and Price Changes

Subscription plans available for the purchase of the Service have monthly or annual duration, as specifically indicated in the rates published on the site https://soundberry.ai.
Subscription plans are subject to tacit renewal. Should the User not intend to renew the subscription, they may send a communication via PEC to the Provider with thirty days' notice before the renewal date, in the case of an annual subscription, or five days, in the case of a monthly subscription.
In the latter case, the Service will remain active and available until the expiration date of the current valid subscription.
SoundBerry S.r.l. reserves the right to modify the prices of subscriptions taken out by the User by sending a communication with 30 days' notice, in the case of annual subscriptions, or 5 days, in the case of monthly subscriptions, before the renewal date. In such case, the User shall have the right to withdraw from the contract in accordance with the terms and procedures set forth in the previous paragraph 2 of this article.
Should the User activate the Service through the purchase of individual Credits, the Service will be available until the User's available Credits are exhausted.

Art. 7 - User Obligations

The User undertakes to use the Service in good faith, for purposes that are not unlawful or fraudulent.
The User undertakes to safeguard their login credentials and verify that the information entered at the time of registration is truthful.
For the use of the SoundBerry plugin within their DAW, the User will be provided with a unique and personal activation key. The User must safeguard this key with the appropriate degree of diligence, undertaking not to communicate, transfer, sell, or share the activation key with third parties, using it exclusively on their own devices and within their own music production sessions, within the limits of the subscribed subscription plan or purchased Service.
The Provider shall not be held liable in the event of loss, theft, or misappropriation of the User's account access credentials or security key, committing solely to provide assistance for restoring the credentials.

Art. 8 - Usage Rights

The User acquires all intellectual property rights and economic exploitation rights over the content generated through the use of the Platform. SoundBerry S.r.l. releases such content under a Royalty-Free license, guaranteeing the User the perpetual right to use, modify, reproduce, and distribute the generated output for any purpose, including commercialization, without any obligation to pay additional royalties beyond the consideration paid for using the Service.
The Provider does not guarantee that the generated content is original and does not bear resemblance to pre-existing copyrighted works. The User acknowledges and accepts being the sole party responsible for the use of the generated outputs, indemnifying and holding the Provider harmless from any claim, action, or damage arising from any infringement of third-party rights.

Art. 9 - Use of Artificial Intelligence Systems

The Platform uses artificial intelligence and machine learning systems for the generation and analysis of audio content.
The User acknowledges that AI operates in a non-deterministic manner. Therefore, similar textual descriptions may produce different results and vice versa. Although SoundBerry S.r.l. is committed to providing high-precision tools, the User acknowledges and accepts that the output is automatically generated and may require human post-production intervention to achieve specific quality standards.
The Provider explicitly guarantees that audio files, compositions, and creative data uploaded by the User will be used solely and exclusively for the return of the output and never for training, refinement, or improvement of its own generative artificial intelligence models, nor for the development of future proprietary or third-party algorithms.

Art. 10 - Withdrawal

The User who may be considered a Consumer under the law (Art. 3 of Legislative Decree 206/2005, the "Consumer Code") has the right to withdraw from the contract, without giving reasons, within 14 days from the date of purchase of the Service, by sending a communication via email to info@soundberry.ai.
The Provider, once the User's status has been verified, undertakes to refund the amount paid by the User within thirty days of the request, using the same payment method used for the purchase.
The User, pursuant to Art. 59.1(o) of the Consumer Code, acknowledges and accepts that, as this is a supply of digital content through a non-material medium, the 14-day withdrawal right lapses the moment the Service execution has already begun, i.e., when the User performs: the first use of Credits, the first audio generation/analysis, the Plugin download, the use of the Plugin activation key, the first AI operation, or — in general — uses the Platform's features.
Beyond the provisions of the preceding paragraphs, should the User subscribe to an annual subscription, they shall have the right to withdraw by sending a communication via email to info@soundberry.ai with thirty days' notice. The Provider shall refund the User the consideration paid for the purchase of the Service for the months following the date on which the withdrawal becomes effective.
The Provider shall have the right to suspend the Service should the User engage in conduct contrary to the provisions contained in these Terms & Conditions, without any obligation of notice or refund.

Art. 11 - Maintenance and Support

The Provider undertakes to carry out constant maintenance of the Platform in order to guarantee full use of the Service.
Where maintenance activities require a temporary interruption of the Service, the Provider shall notify Users at the email address provided during registration.
In the event of problems or malfunctions of the Service, the User may report the issue via email to the Provider, who undertakes to restore the correct functioning of the Platform as soon as possible.

Art. 12 - Modification of Terms & Conditions

The Provider reserves the right to modify and supplement these Terms & Conditions at any time and at its complete discretion, publishing any updated version on the website https://soundberry.ai.
Registered Users will receive a communication regarding the modifications at the email address used for registration on the Platform. Users shall be required to accept the modifications or, alternatively, cease all use of the Platform.

Art. 13 - Intellectual Property

The Platform designed and developed within the scope of providing the Service, as well as the models, schemas, algorithms, graphic elements, trademarks, logos, and any other intellectual or industrial property titles, are exclusively owned by SoundBerry S.r.l..
Unless expressly indicated, the purchase of the Service does not and shall not entail any transfer, license, or tacit consent to the use of the Platform, beyond what is expressly provided for in these Terms & Conditions.
Likewise, the algorithms, machine learning models, neural network architectures, source code, interfaces, and training methodologies of the artificial intelligence (AI) systems implemented in the Software are exclusively owned by the Provider. The purchase of the Service does not entail any transfer of ownership or license of use beyond what is expressly provided herein.
The User undertakes not to alter the Platform and the AI systems integrated therein in any way, through decompilation, disassembly, reverse engineering, system breach, or misuse of the product.

Art. 14 - Disclaimer

The Platform is provided "as is".
The Provider does not guarantee that:
- the Service will function uninterruptedly and be available at all times and/or places;
- any errors or defects will be corrected immediately;
- the Service is free from viruses and other harmful components;
- the results of using the Service will be as expected by the User.

Art. 15 - Liability

The Provider shall not be held liable towards the User for any direct, indirect, punitive, or consequential damage arising from one or more of the following circumstances:
- incorrect use of the Platform by the User;
- anomalies and/or malfunctions of third-party software or applications that interact with the Service, used by the User;
- maintenance activities on the Platform;
- temporary interruption of the Service;
- acts carried out by the User in violation of these Terms & Conditions;
- actions that, in general, are beyond the Provider's control;
- unauthorized access to the Platform;
- misappropriation or loss of access credentials;
- misappropriation or loss of the plugin activation key;
- any bugs, viruses, trojans, malware, or similar software transmitted through third-party products or services.
The User is solely responsible for audio files, samples, or data uploaded to the Platform for analysis, separation, or processing functions. The User declares and guarantees that they are in possession of all necessary rights, licenses, and authorizations for the uploading and processing of such materials, indemnifying and holding the Provider harmless from any liability arising from:
- content uploaded in violation of laws or third-party rights;
- improper use of stem separation functions on copyrighted tracks without authorization;
- any legal disputes concerning the authorship or originality of works created using the Service.
Beyond the provisions set forth above, the User may never attribute to the Provider contractual and extra-contractual liability, direct or indirect, arising from indemnification obligations, violations of legal obligations, or the provisions of these Terms & Conditions for: loss of profit, loss of revenue, loss of earning opportunity, loss of business opportunity, loss or compromise of data, any direct or consequential damage or loss related to the foregoing.

Art. 16 - Processing of Personal Data

SoundBerry S.r.l. is committed to processing User data in compliance with personal data protection legislation, pursuant to EU Regulation 2016/679.
The processing of personal data will take place in accordance with the Privacy Policy that Users are required to accept before accessing the Service.
For any further information regarding the processing of their data, the User may send a request to the email address info@soundberry.ai.

Art. 17 - Final Provisions, Governing Law, and Jurisdiction

These Terms & Conditions are subject to Italian law.
Should one or more clauses be struck by nullity or rendered inapplicable by the effect of the law or by a decision binding on the Parties, this shall not have the effect of causing the nullity of the entirety of these Terms & Conditions, nor of altering the validity and binding nature of all other clauses.
It is the will of the Parties to commit to the amicable resolution of any dispute that may arise in the interpretation and application of these Terms & Conditions.
Should attempts at out-of-court resolution of any disputes prove unsuccessful, jurisdiction shall be assigned to the Court of Cagliari.

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the following clauses are expressly accepted: Art. 2 - Scope of Application and Acceptance; Art. 4 - Registration; Art. 6 - Duration, Renewal, and Price Changes; Art. 8 - Usage Rights; Art. 10 - Withdrawal; Art. 12 - Modification of Terms & Conditions; Art. 14 - Disclaimer; Art. 15 - Liability; Art. 17 - Final Provisions, Governing Law, and Jurisdiction.

Last updated: February 2026