Noisy Unit GmbH
Amtsgericht Charlottenburg HRB 173932 B
Add sounds to GIFs using Soundian's catalogue of high quality sounds in categories like celebrations, nature, film quotes, music, sports, kids, romantic and more.
Use Soundian to create unique short video recordings by combining GIFs with sounds. Then share them in your social network or with your messaging app!
If you are tired by GIFs without any sound, Soundian is for you. Take GIFs and turn them into unique videos with sounds!
Noisy Unit GmbH
Amtsgericht Charlottenburg HRB 173932 B
Soundian Application (“App”, “Soundian”) has been developed by Noisy Unit GmbH, Schliemannstr 45, 10437 Berlin, Germany (“Noisy Unit”; "we"), which can be downloaded at www.soundian.com and other domains. Soundian is an app that enables users to create, edit, share and send sound based mobile messages.
2. Purpose of the Agreement
• The purpose of this agreement is the paid or free of charge use of the Soundian applications, which can be retrieved via internet domains of Noisy Unit (such as www.soundian.com) as a mobile application ("app"). All data are stored in the cloud and can thus be retrieved at any time by various types of end user terminals. In which form and on which devices you can use Soundian is described at www.soundian.com. Soundian enables users to create and edit sound based mobile messages and use Soundian sound catalogue for that purpose. Some access to our sound catalogue and the use of the content therein may be limited to paying users only.
• Soundian allows that you connect to other users. We provide the technical requirements in the form of the applications. We are not involved in the connection or communication ourselves.
• In the future, external development partners might be able to offer applications/features via Soundian which you can integrate into your Soundian profile. The price of these applications/features will be determined solely by the development partner. You will enter into the agreement for use for these applications/features solely with the development partner.
• We are doing our best to ensure permanent availability of Soundian, however we will not be responsible for internet/network-related downtimes and, in particular, for downtimes in which Soundian cannot be accessed due to technical or other problems outside our area of influence, e.g. force majeur, fault of third parties.
• Services of this application do not include the required internet use. The user is at his expense solely responsible for internet access, technical requirements, and the configuration and capability of the terminal for using the application and required software being up to date.
• The user is not entitled to constant and uninterrupted availability of the application. However, Noisy Unit strives to provide the best possible availability and to correct failures as quickly as possible.
• Noisy Unit reserves the right to modify the application at any time in a form reasonable for the user for the purposes of advancement and quality improvement or to discontinue its service.
• Noisy Unit is further entitled to temporarily or irrevocably discontinue its service for any cause without notifying the individual users. A general notice to this effect will be posted in due time and for a period of three months on the website www.soundian.com
3. Registration, Concluding Contracts, Use of Soundian: Rights and Responsibilities
• Downloading Soundian: You can download Soundian as a web app or a desktop app or as a mobile app for various devices, depending on where and how we make the service available. • Registration, Conclusion of a Contract: You can use Soundian without registering. However, non-registered accounts may be restricted in terms of time and range of functions.To be able to use all the functions of Soundian, you will need to register.To register with Soundian you must supply the required data truthfully and fully if these are not voluntary details.
• Concluding the Agreement: You conclude an agreement for use when you click on the "Install" button on the product description page of the relevant app store and, where required, you enter your password.There is no entitlement to conclude an agreement for use. We can decline to accept your registration at any time without giving reasons. In this case, we will of course delete all of your information and data.
• You may use all of the free features of Soundian free of charge. Using features that are not included as free of charge may incur charges.
• You are responsible for keeping your user credentials confidential. This means, that you don’t give them to anyone else, that you don’t permit or enable third parties to gain knowledge of them and that you take the necessary steps to guarantee their confidentiality. If your credentials are lost or misused or if you suspect that they have been lost or misused, you must notify us of this immediately via email at: email@example.com.
• Rules for Using Soundian: When using Soundian you must obey all of the relevant laws and other legal provisions of the Federal Republic of Germany. In particular, you may not enter and/or disseminate unlawful data or data that infringes copyrights and any other third party rights. Such data includes but is not limited to: text, images, graphics or links. You are solely responsible for the data and content you provide. We do not examine whether content uploaded is appropriate or free of viruses nor do we determine whether it is technically possible to examine it for viruses. In the future,you may have the option of uploading a profile picture and, as indicated, other content in your profile. Before you upload any document, you must ensure that you are the owner of the exclusive usage rights of the document and that making the document publicly available is not against any laws, moral standards and/or the rights of third parties. You may not upload any files depicting violence or pornographic, discriminatory, insulting, racist, slanderous or otherwise illegal content or documents and/or make them publicly accessible. Pictures or photos showing people other than yourself may only be uploaded to Soundian if you have the consent of each person. You, as well as we, can delete or replace photos or other content at any time. In particular, we are entitled to remove pictures, audio data or other content without prior warning if and when there is good reason to believe that publishing them on Soundian violates the law, moral standards and/or the rights of third parties. Content posted on Soundian may not be copied, disseminated or made publicly accessible in any other way without the explicit consent of the owner of the rights unless this is permitted by law. Acts of harassment such as sending chain letters or communications of a salacious or sexual nature are not permitted. You are not allowed to attack the operational capacity of Soundian by any means, such as: sending mass emails (spam); carrying out hacking attempts or brute-force attacks; using or sending spy software, viruses or worms. If you violate these rules, we will be entitled to issue you a warning, temporarily block your use of Soundian or, if appropriate, to fully exclude you from its use. We are entitled to remove illegal content immediately.
• The contents of the app may not be resold, given away, lent or leased, in part or in whole. You may use the services and content offered by Soundian solely for your own individual non-commercial and information purposes only. Any other use, including for any commercial purposes, is strictly prohibited without our prior written consent. Systematic retrieval of data or content from Soundian wether to create and compile, directly or indirectly, a collection, compilation, database or directory, is prohibited without our prior written consent. Content may not be copied or duplicated except as part of the common use of the app. Any use of unsynchronized sounds outside of a phone / chat / messaging conversation is not allowed. Content may not be traded or exploited for profit or any other reason.
• Indemnification: You will indemnify us from all claims, including damages claims, asserted against us by other users or other third parties, including public authorities, due to violations of their rights due to content that you have uploaded to Soundian. Furthermore, you will indemnify us from all claims, including damages claims, asserted against us by other users or other third parties, including public authorities, due to violations of their rights as a result of your use of Soundian. You will bear all appropriate costs, including appropriate costs incurred for legal defence that we have to pay as a result of your violation of the rights of third parties. All of our further rights and damage claims will remain unaffected. You are entitled to provide evidence that we have incurred lower costs than stated.The above-mentioned obligations will only apply if you are responsible for the violation of rights in question; in other words, if you have knowingly or deliberately omitted to exercise due diligence.
• Identity of Users
Technically, we are not capable to definitively determine whether a registered user on Soundian actually has the identity she claims to have. This is especially the case if Soundian is used in connection with another service or application. We therefore cannot guarantee the correct identity of any user.
4. Instruction on Revocation
• Regarding the agreement of the use of this service, you have, if you are a consumer with your normal place of abode or residence in the European Union, a legal right to revoke this agreement in accordance with the following:
Right of Revocation
You have the right to withdraw from this contract within 14 days without giving any reason.
To exercise the right of withdrawal, you must inform us (Noisy Unit GmbH, Schliemannstr 45, 10437 Berlin, firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email).
To meet the withdrawal deadline, it is sufficient if you send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Revocation
If you withdraw from this contract, we shall reimburse all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery that we offer), without undue delay and in any event not later than 14 days from the day on which we are informed of your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
Your right of revocation expires prematurely if the agreement is fulfilled by both sides on your specific request before you have exercised your right of revocation.
End of Instruction on the Right of Revocation
5. Responsibility for Content
• We accept no responsibility for texts, content, audio, music, images, data and/or information uploaded by you or other Soundian users. Furthermore, we accept no responsibility for design and/or content of external websites linked to from Soundian. In particular, we give no guarantee that the content showed in Soundian is true, fulfils any particular purpose or can serve any particular purpose.
• If you notice or suspect any illegal or non-contractual use of Soundian, you can report this to us at any time via this email address: email@example.com.
6. Paid features of Soundian
Certain features are only accessible to users who have registered who pay for these features. These features are especially (but not limited to) the possibility to access parts of the content catalogue of Soundian for a limited time and in order to use this content in the app.
• Payment and Invoicing: Payment for using Soundianpaid features is made in accordance with the invoicing conditions selected by you. The price and discounts that apply and are accepted by all parties at the moment of transaction are indicated in the app. Charges are due at the beginning of each invoicing period. If you have a subscription, it will NOT renew automatically, however you have the option to extend it if you want to. Every further payment will be due at the beginning of the new payment cycle.All charges and prices stated include the applicable value added tax.You may only offset invoices against legally determined or undisputed claims or right of retention. You may only assign claims arising from this agreement with our written consent.
7. Term of Your Licensing Agreement and Termination
• Free Use of Soundian: The agreement on free use of Soundian apps is for an indefinite period.You can terminate the agreement at any time by writing us an email to firstname.lastname@example.org, thereby deleting your account. On termination, unsecured data will be lost as we will delete your account completely. We can terminate this agreement anytime. In this case you will be notified by us.
• Use of paid user accounts: Depending on the payment method, the agreement is concluded for an indefinite term or for a given fixed minimum term ("Minimum Term Agreements").Both parties may terminate the agreement at any time. If you change to another paid user account category, this will not constitute termination. We will simply adapt the conditions of payment and your rights to your new account category.Agreements with a minimum term will run until the end of the agreed period and will NOT be extended automatically. Reimbursement of already-paid fees for the current term is not possible.
• In addition, the agreement may be terminated for just cause. Just cause, which would entitle Noisy Unit to terminate the agreement, would be if you breach your contractual obligations, in particular the rules of use described in Section 3.
8. Liability for Defects
• We are only liable for defects in Soundian in accordance with Section 8.
• A defect will always be deemed to exist if the suitability for contractual use is suspended or considerably restricted. If suitability for contractual use is suspended in full, you will be released from paying your charges in accordance with No. 6 until the defect is corrected. If use is partially available, the charges will be reduced to an appropriate level for the period until the defect is corrected.
• You must inform us of the defect in writing or by email immediately.
• You are not entitled to damages due to a defect to Soundian due to a circumstance for which we are not responsible, either existing when you sign the agreement or occurring thereafter.
• Further claims and rights for defects to Soundian—other than those explicitly named in No. 8—will not be recognized except if we are held liable for them by statutory provisions.
• For damages that occur to the user through the use of the application Noisy Unit is only liable if these are based upon intent or gross negligence by Noisy Unit. In the event damages are incurred due to incorrect, incomplete or late transmission of information, or for unavailability or malfunction of the application, Noisy Unit shall only be liable if said was caused with intent or gross negligence.
• Noisy Unit is not liable for the user’s data loss as the user is responsible for backing up his data.
• In the event Noisy Unit temporarily or irrevocably discontinues all or part of its services for cause this circumstance does not constitute a liability.
• Claims in accordance with the German Product Liability Act will remain unaffected.The restrictions in this section will also apply in favor of our legal representatives and assistants if claims are asserted against these parties directly.
10. Miscellaneous: Final Provisions and Amendments to the Terms and Conditions of Use
• This agreement shall be governed by the laws of the Federal Republic of Germany. In cases of doubt or different interpretation, the original German version of this text shall prevail.
Noisy Unit DMCA POLICY
Noisy Unit has adopted the following procedures to respond to alleged copyright infringement in accordance with the Digital Millennium Copyright Act. The address of our designated agent to receive notification of infringement ("Designated Agent") is listed at the end of this policy.
It is Noisy Unit's policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. How to Report Copyright Infringement:
If you believe that material or content residing on or accessible through the Service infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
2. Identification of works or materials being infringed;
3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that we are capable of finding and verifying its existence;
4. Contact information about the copyright owner including address, telephone number and, if available, e-mail address. If you are not the owner of the copyright that has been allegedly infringed, please describe your relationship to the copyright owner;
5. A statement that you have a good faith belief that the material is not authorized by the copyright owner, its agent, or the law; and
6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Upon Notification to the Designated Agent:
It is our policy:
1. to remove or disable access to the infringing material;
2. to notify the content provider, member or user that it has removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that we will terminate such content provider's, member's or user's access to the Service.
C. Counter-Notice By Content Provider:
If the content provider, member or user believes that the material that was removed or to which access was disabled is either not infringing, or the content provider, member or user believes that it has the right to post and use such material from the copyright owner, the copyright owner's agent, or pursuant to the law, the content provider, member or user must send a counter-notice containing the following information to the Designated Agent listed below:
1. A physical or electronic signature of the content provider, member or user;
2. Identification of the material that has been removed or to which access to has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or a misidentification of the material; and
4. Content provider's, member's or user's name, address, telephone number, and, if available, e-mail address and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider's, member's or user's address is located, or if the content provider's, member's or user's address is located outside the United States, for any judicial district in which Noisy Unit is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement. If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed material may be replaced or access to it restored in 14 business days or more after receipt of the counter-notice, solely at our discretion.
Please contact our Designated Agent at the following address:
Noisy Unit GmbH
Federal Republic of Germany
Email Address: email@example.com
You hereby acknowledge that if you fail to comply with the requirements set forth above, your DMCA notice may not be valid.
The responsible body according to the meaning of German data protection laws is:
Noisy Unit GmbH, Schliemannstr 45, 10437 Berlin
If you have any questions or concerns about data protection, you are welcome to also contact us by email at this address: firstname.lastname@example.org
Subject of Data Protection
The subject of data protection is personal data. According to Section 3, Subsection 1 of the German Federal Data Protection Act ("Bundesdatenschutzgesetz"), these are individual details on personal or objective circumstances of a certain person or certain persons. These include details such as your name, your postal address, your email address, your telephone number or, where appropriate, even use-data.
Collection and Use of Data
Automated Data Collection
When you access Noisy Unit websites, your internet browser automatically transmits data for technical reasons. The following data are stored separately from other data that you may have sent us:
• your date and time of access,
• your browser-type and version,
• the operating system you use,
• the URL of the website you have previously visited,
• the quantity of data transmitted.
For technical reasons these data are stored and are not assigned to any identifiable person at any time.
Data Entered by Users
You can use the Soundian application both with and without registering. In order to make use of all its advantages, you have to register. To do this, you must enter your phone number. We require this data in order to guarantee that you are able to make full use of our entire offer.
In future, we plan to introduce an option which will allow you to design your account personally. For example, you will be able to add a photo, choose a username and set up a connection to your Facebook user account. You will not be obliged to design your account personally; this will be entirely voluntary.
The central function of Soundian product is creating sound enhanced communication.
Where Soundian is used solely offline, the data you enter will be stored de-centrally on your storage medium. In such a case, we will not be able to access these data.
If you use Soundian in combination with a registered account, your communication data and also account related data like duration of your subscription will temporarily be stored in our database. The purpose of this database is to allow you to use Soundian as a messaging tool and transfer messages from your device to another device. Data are transmitted to the respective terminal using SSL encryption so that your data are transmitted securely.
We use personal data in order to enable secure, effective and user-related use of Soundian services, including transmission of messages and managing subscriptions.
Transfer of Data
We will not transfer your data to third parties as a matter of course without letting you know in advance or asking for your prior permission. We may only transfer your data to third parties without informing you separately beforehand in the following exceptional cases as explained below:
• If required for investigating the illegal use of Soundian or for legal proceedings, personal data will be transferred to the criminal investigation authorities and, if appropriate, to injured third parties. We will only do this if there are concrete indications of illegal and/or abusive behaviour. We can only transfer on your personal data if this is used to enforce General Terms and Conditions of Business or other agreements. We are also legally obliged to give certain public authorities information. These are criminal investigation authorities, public authorities which prosecute administrative offences entailing fines and the German finance authorities.
Noisy Unit stores so-called "cookies" in order to be able to offer you a comprehensive range of functions and to make it easier to use our websites. "Cookies" are small files which are stored on your computer with the help of the internet browser. If you do not want to use "cookies", you can prevent "cookies" from being stored on your computer using the corresponding settings on your internet browser. Please note that this may restrict the functional capability and the range of functions of our offer.
Analysis of Soundian
When Soundian is used, we collect statistical data which can be traced to you. We use it to improve Soundian.
Noisy Unit uses Google Analytics, a web analysis service of Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files which are stored on your computer or mobile device and which enables Noisy Unit to analyse your use of Soundian. The information generated by the cookie on your use of Soundian (including your abbreviated IP address) is transmitted to a Google server in the USA and are stored there. Google will use this information to assess your use of Soundian, to compile reports on the activities for us and to provide more services connected with use of Soundian and the internet. It is also possible that Google may transmit this information to third parties if this is prescribed by law or if third parties process this information on behalf of Google. Google might also use other tracking technologies than cookies.
Soundian also uses Facebook SDK and sends usage information to Facebook applications, provided by Facebok Inc., only in case you have installed any on your device. This information is then used by Facebook to generate statistical, anonymized usage reports for us so we can enhance our service. For more information on how your data is being used, please refer to www.facebook.com/policies/
Push notifications are messages that the app may send to your device and that are displayed with top priority. The app only uses push notifications if you have explicitly given your consent. You may revoke your consent at any time. To do so, please deactivate push notifications in your device settings.
Deleting Your Data
If your data are no longer required for the aforementioned purposes, we will delete them. If you delete your account, we will also delete all data completely from your account (e.g. personal data, settings, sound list).
Right to Information and Correction
You have the right to receive information about the data held and stored by Noisy Unit about you. Equally, you have the right to have incorrect data corrected or blocked. To do so, please contact: email@example.com or send us a letter by post to the address given above.
In cases of doubt or different interpretation, the original German version of this text shall prevail.