Terms of Service

Welcome to Sonaire. These Terms of Service ("Terms") govern your access to and use of the Sonaire website at sonaire.ai and any related services, including our AI-generated music platform (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

The Service is operated by:

If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service.

• "Client" refers to the business entity or individual that subscribes to the Service under a paid plan.
• "Content" refers to all AI-generated music compositions, sonic profiles, and related audio materials produced through the Service.
• "Location" refers to a single physical venue or business premises where the Content is deployed.
• "Sonic Profile" refers to the customized set of musical parameters, preferences, and configurations created for a Client's brand identity.
• "Platform" refers to the Sonaire technology infrastructure, including the AI music generation system and local buffer delivery hardware and software.

Sonaire provides an AI-powered music generation and delivery platform designed for commercial environments. The Service includes:

• AI-generated, royalty-free music compositions tailored to your brand identity
• Sonic profile creation and management based on your brand preferences
• Local buffer delivery infrastructure for seamless playback at your locations
• Dashboard access for monitoring and managing your music experience
• Ongoing AI-driven content updates and seasonal adaptations

The Service is intended exclusively for business-to-business (B2B) use. It is designed for commercial venues including, but not limited to, retail stores, hotels, restaurants, spas, and corporate offices.

Access to the Service requires a subscription. By subscribing, you agree to the following:

Subscription Plans

Sonaire offers multiple subscription tiers (Essential, Brand, and Enterprise) with varying features and location allowances. The specific features, pricing, and terms of each plan are described on our website and in the applicable order form or service agreement.

Contract Duration

Subscriptions are offered on an annual basis with monthly billing. The minimum commitment period is twelve (12) months from the date of activation, unless otherwise specified in a separate written agreement.

Additional Locations

Clients may add additional locations to their subscription. Each additional location is subject to a supplementary fee as specified in the applicable pricing schedule.

Account Responsibility

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify Sonaire immediately of any unauthorized use of your account.

AI-Generated Content

All music compositions generated by the Sonaire AI are original works created specifically for the Client. During the term of an active subscription, the Client is granted a non-exclusive, non-transferable license to use the Content at their designated locations for the purpose of ambient commercial playback.

Royalty-Free Usage

Content generated through the Service is royalty-free for the licensed use described above. Clients are not required to pay any additional royalties, licensing fees, or performance rights fees to third parties (such as SIAE, ASCAP, BMI, or PRS) for the use of Sonaire-generated Content within the scope of their subscription.

Restrictions

The Content license does not include the right to:

• Redistribute, resell, sublicense, or make the Content available to third parties
• Use the Content in any media production, advertisement, or broadcast without prior written consent
• Modify, remix, or create derivative works from the Content
• Claim authorship or copyright ownership of the Content
• Use the Content after subscription termination, unless a separate perpetual license has been agreed

Platform Ownership

Sonaire retains all intellectual property rights in the Platform, including the AI models, algorithms, software, design, and branding. Nothing in these Terms transfers ownership of the Platform or its underlying technology to the Client.

All fees are quoted in the currency specified in the applicable order form or service agreement. Unless otherwise agreed:

• Subscription fees are billed monthly in advance for the duration of the annual contract
• Payment is due within thirty (30) days of invoice date
• All fees are exclusive of applicable taxes (VAT, sales tax, or equivalent), which will be added where required by law
• Late payments may incur interest at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower

Sonaire reserves the right to suspend access to the Service if payment is overdue by more than thirty (30) days, after providing written notice to the Client.

Sonaire endeavors to maintain high availability of the Service. However, the Service is provided on an "as available" basis. We do not guarantee uninterrupted or error-free operation.

The local buffer delivery architecture is designed to ensure continuous music playback at your locations, even during temporary network interruptions. Content is pre-loaded to local devices, minimizing dependency on real-time connectivity.

Scheduled maintenance windows will be communicated in advance. Emergency maintenance may be performed without prior notice when necessary to protect the integrity of the Service.

As a Client of the Service, you agree to:

• Provide accurate and complete information during the onboarding process
• Maintain adequate network infrastructure at each Location to support the local buffer system
• Use the Service only for lawful purposes and in accordance with these Terms
• Not attempt to reverse-engineer, decompile, or disassemble any part of the Platform
• Not circumvent, disable, or interfere with any security or access control features of the Service
• Promptly report any technical issues, security concerns, or unauthorized access to Sonaire

By the Client

You may cancel your subscription by providing written notice at least sixty (60) days before the end of the current contract term. Cancellation takes effect at the end of the current annual period. Early termination may be subject to a fee equal to the remaining balance of the annual commitment.

By Sonaire

Sonaire may terminate or suspend your access to the Service immediately, without prior notice, if:

• You breach any material provision of these Terms
• Payment remains overdue for more than sixty (60) days
• You become insolvent or enter into bankruptcy proceedings
• Continued provision of the Service would violate applicable law

Effect of Termination

Upon termination, your right to use the Content and access the Platform ceases immediately. Sonaire will deactivate the local buffer devices and remove Content from your locations within a reasonable timeframe. Any outstanding fees remain due and payable.

To the maximum extent permitted by applicable law:

• Sonaire's total aggregate liability under these Terms shall not exceed the total fees paid by the Client in the twelve (12) months preceding the event giving rise to the claim
• Sonaire shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or business opportunities
• Sonaire shall not be liable for any damages arising from the Client's failure to maintain adequate network infrastructure or comply with technical requirements

Nothing in these Terms excludes or limits liability for fraud, gross negligence, willful misconduct, or any liability that cannot be excluded or limited under applicable law.

Sonaire warrants that:

• The Service will be provided with reasonable care and skill
• The AI-generated Content will be original and will not knowingly infringe the intellectual property rights of any third party
• The Platform will substantially conform to the service description provided at the time of subscription

Except as expressly stated above, the Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Sonaire does not warrant that the AI-generated Content will achieve any specific commercial outcome, customer response, or revenue impact for the Client.

Sonaire agrees to indemnify and hold harmless the Client from any third-party claims alleging that the Content, as used in accordance with these Terms, infringes the intellectual property rights of a third party. This indemnification is subject to the Client promptly notifying Sonaire of any such claim and providing reasonable cooperation in the defense.

The Client agrees to indemnify and hold harmless Sonaire from any claims, damages, or expenses arising from the Client's use of the Service in violation of these Terms or applicable law.

Both parties agree to keep confidential any proprietary or sensitive information disclosed during the course of the business relationship. This includes, but is not limited to, business strategies, technical specifications, pricing details, and Sonic Profile configurations.

Confidentiality obligations survive the termination of these Terms for a period of three (3) years, except for trade secrets which remain protected indefinitely.

Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond the reasonable control of the affected party. This includes, but is not limited to, natural disasters, acts of government, war, terrorism, pandemic, power outages, internet disruptions, or failures of third-party service providers.

The affected party shall promptly notify the other party and use reasonable efforts to mitigate the impact of the force majeure event.

These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law provisions.

Any dispute arising out of or in connection with these Terms shall first be submitted to good-faith negotiation between the parties for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, it shall be submitted to the exclusive jurisdiction of the courts of Lugano, Switzerland.

For Enterprise clients, alternative dispute resolution mechanisms (including arbitration) may be agreed upon in a separate written agreement.

Sonaire reserves the right to modify these Terms at any time. Material changes will be communicated to active Clients via email at least thirty (30) days before they take effect. Continued use of the Service after the effective date of any changes constitutes acceptance of the revised Terms.

The "Last updated" date at the top of this page indicates when these Terms were most recently revised.

• Entire Agreement: These Terms, together with any applicable order form or service agreement, constitute the entire agreement between the parties regarding the subject matter hereof.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.
• Assignment: You may not assign or transfer these Terms without Sonaire's prior written consent. Sonaire may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Waiver: The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Notices: All notices under these Terms shall be in writing and sent to the email addresses provided by each party.

If you have any questions about these Terms of Service, please contact us:

See also our Privacy & Cookie Policy for information about how we handle your personal data.