Terms and Conditions

Welcome to SondSurge. By accessing or using the SondSurge platform ("SondSurge," "we," "us," or "our"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, do not use the platform.

1. User Representations and Warranties

By uploading, submitting, streaming, or otherwise providing any music, audio, video, images, text, metadata, or other materials (collectively, "Content") to SondSurge, you represent and warrant that:

• You own or control all rights, licenses, consents, and permissions necessary to upload and use the Content.
• The Content does not infringe or violate any intellectual property, privacy, publicity, contractual, or other rights of any third party.
• You have the legal authority to grant SondSurge the rights described in these Terms.
• Your Content complies with all applicable laws and regulations.
• You are solely responsible for your Content and any consequences arising from its submission or use.

2. Ownership of Content and License Grant

You retain full ownership of your music and all associated rights. Nothing in these Terms transfers ownership of your Content to SondSurge.

By submitting Content, you grant SondSurge a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license solely to:

• Host, store, reproduce, distribute, display, perform, and otherwise use your Content in connection with operating, maintaining, marketing, and promoting the SondSurge platform.
• Use your name, artist name, likeness, and biographical information in platform-related promotional materials.

3. AI-Assisted Analysis (Optional)

SondSurge may offer optional, AI-assisted analysis of submitted tracks — such as genre classification, mood profiling, and marketing suggestions — to provide supplementary context for artists, curators, and A&R professionals. These tools are optional and supplementary only; they do not determine chart ranking or discovery outcomes. Discovery and chart placement on SondSurge are driven by curator ratings and audience upvotes, not by automated AI scoring.

AI analysis does not constitute professional music industry advice. Results are algorithmic, may be incomplete or inaccurate, and may not reflect actual commercial performance or industry reception.

4. Curators, Streamers, and Reviewers

If you use SondSurge as a curator, streamer, or reviewer:

• You consent to SondSurge using your name, likeness, stream recordings, and related content for marketing, promotional, and operational purposes.
• You grant SondSurge a non-exclusive, royalty-free, worldwide license to any content generated during streams or review sessions conducted on the platform.
• You acknowledge that payouts are subject to eligibility, verification, and platform policies described in Section 7.
• You are responsible for the quality and conduct of your sessions.
• You may not mislead artists about the nature of feedback provided.
• Curator feedback is personal opinion and does not constitute professional music industry advice.

Paid Submission Review Obligations

When you host a live session that accepts paid submissions, you are obligated to review every paid track before ending that session. SondSurge enforces this obligation both technically and contractually:

• You may not end a live session while paid submissions remain unreviewed in the queue.
• Before ending a session, you must affirmatively confirm that all paid tracks submitted during that session have been reviewed.
• Failing to deliver on paid reviews — including ending a session, closing submissions, or otherwise abandoning a session without reviewing all paid tracks — is a material violation of these Terms and SondSurge policy.
• Such violations may result in withholding of earnings, suspension, or termination of your curator account, in SondSurge's sole discretion.

5. Right to Be Contacted

By using SondSurge, you consent to receive communications from SondSurge and, where applicable, stream hosts or curators regarding platform updates, submissions, promotions, account activity, and related matters. You may opt out of non-essential communications where permitted by law.

6. Submissions and Payments

Paid Submissions (Live Sessions)

SondSurge hosts live, curator-led review sessions ("Live Sessions" or "Live Surges") during which artists may pay real currency to have their track added to a curator's review queue. Live Session submission tiers include Standard, Priority, Spotlight, and Express (also offered as a "Headliner" tier). Live Session submission fees are set by individual curators and processed through Stripe. By submitting a paid track to a curator's Live Session, you are paying the curator for a review of your track during that session — not for any specific outcome, rating, chart placement, or favorable feedback.

All Live Session submission payments are final and non-refundable once your track has been added to the queue. By selecting a paid submission tier, you acknowledge that the review service has been rendered in full at the time of queue entry and that you are not entitled to a refund under any circumstance except where explicitly required by applicable law.

Credits

SondSurge offers virtual credits for fan engagement — including gifting artists and curators during live sessions and boosting track visibility on charts.

• Credits purchased by users are non-refundable and cannot be redeemed for cash by the purchaser.
• Credits received by artists as gifts during live sessions may be redeemed for cash at the current platform conversion rate.
• SondSurge retains a 15% platform fee on all credit redemptions — artists keep 85% of gifted credit value upon redemption.
• Credit redemption is subject to identity verification, minimum balance thresholds, and payout schedules.
• SondSurge may modify credit pricing, availability, or usage at any time.

Paid Boosts ("Surge") and Chart Influence

Artists may use credits to purchase a temporary visibility boost ("Surge") for their track. Surge boosts increase short-term exposure and may modestly influence chart score, but paid credits alone cannot determine chart position — organic listener votes, gifts, and shares remain the primary and dominant ranking factor. Any track currently benefiting from an active Surge is labeled "Promoted" wherever it appears.

• Paid credit contribution to chart score is capped and can never override organic engagement as the dominant ranking factor.
• A track with no organic engagement cannot reach the top of the chart regardless of credits spent.
• Weekly and All-Time charts are organic-engagement-driven; paid influence may only modestly affect visibility.

Payment Processing

All payments are processed through Stripe. SondSurge is not responsible for errors, delays, or failures caused by third-party payment processors. Your card statement will show "SONDSURGE" as the charge descriptor.

7. Curator Earnings and Payouts

Curators earn a percentage of submission fees collected during their sessions. SondSurge retains a platform service fee on all curator earnings.

• Earnings are calculated automatically based on completed sessions.
• Eligible earnings are held for three business days to account for chargebacks and disputes, then paid automatically to the curator's connected Stripe account.
• Payouts are subject to a minimum balance threshold of $10.00.
• SondSurge reserves the right to delay, withhold, reverse, or offset earnings in cases of refunds, chargebacks, disputes, policy violations, or suspected fraud.
• Curators are solely responsible for all applicable taxes on earnings.
• Curators must provide required tax documentation including W-9 upon request.
• Curators are independent contractors — not employees, agents, or partners of SondSurge.

8. Refund Policy

All sales are final and non-refundable except where required by law.

• Live Session Submission Fees (paid to curators): Non-refundable once your track has been added to a curator's Live Session review queue. You are paying the curator for a review; no refunds are issued for any outcome of that review, including unfavorable feedback or no rating.
• Other Submission Fees: Non-refundable once your track has been added to the queue.
• Credits: Non-refundable once purchased. Credits cannot be redeemed for cash by the purchaser. Credits gifted to artists are subject to the 85/15 redemption split described in Section 6.
• Promotions, Surge Boosts, and Add-On Services: Non-refundable once the service has been delivered or the product has been accessed or used.
• Verification Fees: Non-refundable once the verification process has been initiated.
• No Cash Refunds: SondSurge does not issue cash refunds, credit-backs, or charge reversals for any completed purchase except where explicitly required by applicable law.

10. Prohibited Activities

You agree not to:

• Upload illegal, infringing, obscene, hateful, misleading, or otherwise objectionable Content.
• Use SondSurge to violate any laws or regulations.
• Engage in fraud, abuse, manipulation, spam, or attempts to circumvent platform safeguards.
• Exploit the credit, payout, referral, or submission systems.
• Solicit artists, curators, or users to leave SondSurge for competing platforms.
• Misrepresent your identity, credentials, or affiliation.

SondSurge reserves the right, in its sole discretion, to remove Content, suspend accounts, withhold payouts, or terminate access for violations.

11. Content Moderation

SondSurge reserves the right to review, remove, or restrict any Content that violates these Terms or that SondSurge determines, in its sole discretion, is harmful to the platform or its users.

Users may report Content they believe violates these Terms by contacting support@sondsurge.com.

12. Intellectual Property Complaints

SondSurge respects intellectual property rights. If you believe your intellectual property has been infringed, please contact:

support@sondsurge.com

Include sufficient information to identify the allegedly infringing material and your ownership claim.

13. Third-Party Links and Services

SondSurge may include links to third-party platforms, websites, DSPs, or services provided for convenience only. SondSurge does not control or endorse third-party content or services. Accessing third-party services is at your own risk. You waive any claims against SondSurge arising from third-party content or services.

14. Indemnification

You agree to indemnify and hold harmless SondSurge, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses including attorneys' fees arising from:

• Your Content,
• Your use of the platform,
• Your violation of these Terms.

15. Limitation of Liability

To the maximum extent permitted by law, SondSurge shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the platform.

16. Termination

SondSurge may suspend or terminate your account or access at any time, with or without notice, for any reason including violations of these Terms or risk to the platform.

17. Changes to These Terms

We may update these Terms at any time. Changes are effective upon posting. Continued use of SondSurge constitutes acceptance of the revised Terms.

18. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Georgia, without regard to conflict-of-law principles.

19. Contact

For questions or concerns regarding these Terms:

support@sondsurge.com