Terms of Service

Last updated: February 4, 2025

These Terms of Service ("Terms") govern your access to and use of Soft Noise (the "Service"), provided by DevByWay ("we", "us", or "our"). By accessing or using the Service, you agree to be bound by these Terms.

1. Description of Service

Soft Noise provides an online platform for ambient sound and white noise generation, available at softnoise.net.

2. User Data

We collect and store user data including name, email, and payment information. We handle this data in accordance with our Privacy Policy.

3. Non-Personal Data Collection

We use web cookies to collect non-personal data. For more information, please refer to our Privacy Policy.

4. Privacy Policy

Our Privacy Policy explains how we collect, use, and disclose information about you. By using our Service, you agree to our Privacy Policy, which can be found here.

5. User Responsibilities

  • You agree to use the Service only for lawful purposes.
  • You are responsible for maintaining the confidentiality of your usage.
  • You agree not to misuse or attempt to disrupt our Service.

6. Payment and Refund Policy

6.1. Payment Terms

If you purchase any of our paid Services ("Subscription"), you agree to pay us the applicable fees and taxes. Failure to pay these fees will result in the termination of your Subscription.

You acknowledge and agree that:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  • Our payment processor may store and continue billing your payment method (e.g. credit card).
  • For Subscription services, your payment method will be automatically charged at the start of each Subscription period for the fees and taxes applicable to that period.
  • To avoid future charges, you must cancel before the renewal date.
  • We may calculate taxes payable by you based on the billing information you provide us at the time of purchase.

6.2. Price Changes

We may change our subscription fees at any time, but we will provide you with advance notice of these changes. Any changes to the fees will take effect at the start of the next subscription period.

6.3. Refunds

Regarding refunds, you agree that:

  • Payment obligations are non-cancellable and fees paid are non-refundable, except as expressly provided in these Terms.
  • If you cancel your Subscription, you may continue to use the Service until the end of your current billing period, but you will not receive a refund for any fees already paid.
  • In cases where a refund is warranted (e.g. service unavailability), refunds will be processed through the original payment method.

7. Intellectual Property

All content, features, and functionality of the Service are owned by DevByWay and are protected by international copyright, trademark, and other intellectual property laws.

8. Disclaimer

This Service is provided "as is" without any warranties, express or implied. We do not guarantee that the Service will be uninterrupted or error-free.

9. Limitation of Liability

We shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use or inability to use the Service.

10. Changes to Terms

We reserve the right to modify these Terms at any time. Any material changes will be posted on this page.

11. Contact Information

If you have any questions or concerns regarding our Terms of Service, please contact us at [email protected].