Terms & Privacy
Hello and welcome to Noisli!
Thanks for taking the time to learn about Noisli’s legal policies.
Here you'll find important information about your privacy, how we handle user accounts and what you can and can’t do on Noisli.
Please take your time to read the following very carefully.
The web pages available at noisli.com, including any subpages and subdomains, our mobile device applications and our browser extensions (collectively the “Services”) are provided and operated by Noisli Labs UG (haftungsbeschränkt) ("Noisli", "we", "our", or "us").
Acceptance of Terms
By using or accessing the Services, registering an account, or by viewing, accessing or streaming any information or Content provided by the Services, you signify that you have read and understood these Terms and that you expressly agree to be bound and abide by them, and which results in a legally binding contract made and entered into by and between you and Noisli (the “Agreement”) in relation to your use of the Services, and any part thereof, and supersedes any prior agreement between us and you.
Furthermore, you also represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction), or that you are 16 years of age or more if you are a resident in the European Union, or that you are 13 years of age or more if you are resident in the United States, or that you are above the age where according to your jurisdiction your personal data can be processed without parent or guardian consent. You also agree and warrant that you’ll provide all documents and take any necessary actions to meet your obligations under these Terms and that you provide only true, complete, accurate and up-to-date information and keep it that way at all times.
If you don’t agree to these Terms, you must immediately discontinue your use of the Services and/or delete your account.
For purposes of these Terms, “Content” means any text, graphics, images, sounds, software, feature, tool, audio, video, piece of code, works of authorship of any kind, and information or other materials that are posted, displayed, generated, provided or otherwise made available through the Services.
Changes to Terms
At our sole discretion and at any time, we reserve the right to change, alter, modify or replace these Terms. We might do so in order to address e.g. legal changes or changes to features and functionalities of our Services. It is your responsibility to check our Terms from time to time for updates and to remain informed of any changes. Changes are effective upon publication, and the “Last updated” date is written at the end of these Terms. The latest version of these Terms will supersede all earlier versions. When we make any material changes to these Terms, we will notify you by means of a notice on this page or within the Services, or by sending registered users an email (sent to the email address specified in your Noisli account). What constitutes a material change will be determined at our sole discretion. If you continue to use our Services after the revised Terms have become effective, this will constitute your acceptance of the revised Terms. You have no obligation to continue to use our Services following such notification, and you can terminate your account at any time as described in the “Termination” section below.
Description of our Services
Our Services offer a selection of sounds and other features, such as our timer and our text editor. The extent of the Services and Content offered depends on the type of plan you are on, and on the device, browser and operating system you use to access the Services.
Certain Content or Services, or part of it, are offered free of charge and after registration, and it may come with some limitations, while other Content or Services, or part of it, are only accessible after upgrading to a paid subscription or by paying a fee. You can read further information regarding the scope of the Services and the Content offered on the Free and the paid plans as well as pricing on our pricing page and on our support pages.
Depending on the type of plan you are on, you may save favorites and share them using the tools and features provided within our Services, use our timer and work in sessions, or use our text editor to write and save text, which will be stored at your direction.
From time to time, we may release new resources, Content, tools or versions of our Services including our apps and extensions, or introduce other services and/or features or Content for the Services. Any new Services and features or Content, as well as any additional terms and conditions that we may release for those specific features or Services, will be subject to these Terms.
Your Noisli account
You can register for an account by using your email address or via your Google account. By registering for an account you get access to the features and tools of our Services, such as our playlists, the ability to save favorites and to use our timer and text editor.
When you register for an account using your email address, you will provide us with your email address and you will choose a password for your account. You must ensure that the email address that you provide is, and remains, valid.
In case you change the default username, you may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
If you create an account on behalf of an organization, entity, company or institution (a “Business”), the terms “you” and “your”, as used under these Terms, apply to both you and the Business. You represent and warrant that you have the permission and are authorized to act on behalf of the Business, to grant all rights and permissions provided in the Agreement and to bind the Business to the Agreement.
With or without prior notice, we reserve the right to suspend or terminate your account at our sole discretion if we encounter activities from your account that would or might constitute a violation of our Terms or an infringement or violation of the rights of any third party or any laws or regulations. You can read more about this in the “Termination” section below. We also reserve the right at our sole discretion to cancel, remove, disallow or reassign certain usernames in appropriate circumstances.
In case you want to terminate your account, you can do so at any time and as described in the “Termination” section below.
Use of the Services
Subject to your strict and ongoing compliance with these Terms at any and all times, Noisli grants you a limited, non-exclusive, revocable, non-assignable and non-transferable permission to access and use the Services, for your personal and non-commercial use only and solely as intended and enabled by Noisli.
The above permissions are conditional upon your strict and ongoing compliance with these Terms at any and all times, including, without limitation, the following:
- You must not, and you must not attempt to, copy, store, download, rip, capture, adapt, reproduce, distribute, republish, share, make available or otherwise communicate to the public, perform, display, mirror, frame, transfer, use or exploit any Content on or from the Services or any part of the Services or any trademark, name, logo, design, layout or any other proprietary information, other than as intended and permitted by the Services, and unless it is User Content (as defined below);
- You must not, and you must not attempt to, use any Content in any way that replicates any part of the Content or Services or that is designed to create a separate or similar Content or Service;
- You must not, and you must not attempt to, employ scraping or similar techniques to repurpose, aggregate, make available, republish or otherwise make use of any Content on or from the Services or any part of the Services;
- You must not, and you must not attempt to, use any of the Content for the development of any software program or service, including, but not limited to, training a machine learning or artificial intelligence (AI) system.
- You must not, and you must not attempt to, in any way and using any technique or technology, automated or otherwise, register accounts, log in or use any other part of the Services where such activity occurs in a multiple or repetitive manner;
- You must not, and you must not attempt to, alter, obscure or remove any copyright, trademark or any other proprietary or legal notices appearing on, or contained in, the Services or any Content appearing on the Services;
- You must not, and you must not attempt to, and you must not permit any third party to, adapt, copy, reverse assemble, decompile, reverse engineer, modify or attempt to discover any source code or object code or any mechanism of any part of the Services or Content;
- You must not, and you must not permit any third party to, circumvent or attempt to circumvent or copy any account or subscription restrictions, or any other restriction, security or protection mechanism;
- You must not, and you must not attempt to, use the Services to upload, post, store, transmit, distribute, display, copy, promote, communicate to the public or make available or continue to make available or make available in any other way, any content, information or other material:
- that is, or that in our sole judgment could be reasonably perceived to be, abusive, libellous, defamatory, pornographic or obscene, that threatens, advocates, promotes or incites violence, terrorism, illegal acts, or harms, threatens, promotes the harassment of, promotes the intimidation of, promotes the abuse of, or promotes discrimination on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation;
- that breaches, violates or is contrary to any law, regulation, rule, court order or is otherwise illegal or unlawful in our sole reasonable judgment;
- to which you do not hold the necessary rights and/or that infringes, plagiarizes, misappropriates or violates the rights of any third parties including, without limitation, copyright, trademark rights, confidential information or any other right, or which constitutes unauthorized use, independent of whether it is or becomes unauthorized at a later point;
- that contains any malware, virus, trojan horse, spy software, adware, worm, bot, time-bomb or any other harmful or malicious component or piece of software, which or might restrict, impair, disrupt, inhibit or overload the Services or any service related or connected to the Services, or which does or might restrict, impair, disrupt or inhibit any other user's use or enjoyment of the Services;
- which is, or in our sole judgment could be reasonably perceived to be as, any form of spam, promotion, advertising or any other form of solicitation.
- You must not engage or commit in, encourage, solicit, promote or induce, any conduct that would give rise to civil liability, that constitute a criminal offense or otherwise violate any law or regulation;
- You must not rent, sell or lease access to the Services or any Content on the Services. Furthermore, you must not, and you must not try to, transfer or sell any Noisli account to any third party;
- You must not, and you must not try to, impersonate any person or entity, for example by registering an account or paying for a Subscription in the name of or using the details of another person or Business;
- You must not threaten, exploit, stalk, abuse or otherwise harass any Noisli employee or another user;
- You must not use, and you must not attempt to use, another person’s or entity’s email, password, account, or any other information;
- You must not, and you must not attempt to, collect, fetch, retrieve or store any personal data or any other information about other users, including without limitation, through spiders, robots, crawler or any other form of scraping;
- You must not, and you must not attempt to, access any personal data, User Content, Content or any other information which are not intended for your use;
- You must not, and you must not attempt to, log into an account or server or any other part of the Services which you are not authorized to access;
- You must not, and you must not attempt to, test, bypass, hack, violate, circumvent or, in any way, disable any security measures employed by Noisli or by any third-party offered on the Services;
- You must not, and you must not attempt to, test or scan the vulnerability of Noisli’s servers, system or network, or attempt to breach Noisli’s authentication procedures or data security;
- You must not, and you must not attempt to, interfere with the Services by any means including, without limitation, brute-force attacks, denial-of-service attacks, mail-bombing, submitting a virus, worms or spy software, hacking, crashing or overloading Noisli’s servers or systems;
- You must not, and you must not attempt to, use any meta tags or other metadata or text, name or hidden text utilizing a Noisli trademark, logo, name, or URL without Noisli’s express written consent;
- You must not, and you must not attempt to, use the Services for any commercial purpose or use or the benefit of any third party or in any manner not permitted by these Terms and without Noisli’s express written consent;
- You must not, and you must not attempt to, violate any applicable law or regulation;
- You must not, and you must not attempt to, encourage or enable any other individual to do any of the foregoing.
Without limitation to any other rights or remedies of Noisli under these Terms, if any situation appears to involve any of the above, Noisli reserves the right to investigate such situation and may report such matters and co-operate with the appropriate law enforcement authorities in prosecuting any users who are involved in any such violations.
At any and all times during your use or in connection with your use of the Services, you agree to comply with all the above conditions and you agree and acknowledge that we have the right, at our sole discretion and as we see fit, to terminate or suspend your account or to take such other action if you breach any of the above conditions or any of the other terms of these Terms. This may include reporting offending users to the relevant authorities and/or taking court action.
Noisli, in its sole discretion, reserves the right to refuse access to the Services to anyone for any reason at any time.
All Noisli Services, all Content, distinctive features, trademarks, service marks, trade names, names, logos, domain names, and any other features or content of the Noisli brand, are the sole property of Noisli. The Agreement does not grant you any permission, rights or license to use any Noisli Services, Content, distinctive features, trademarks, service marks, trade names, names, logos, domain names, and any other features or content of the Noisli brand, whether for commercial or non-commercial use other than as specified in these Terms and without Noisli’s prior written consent. You agree to comply with all copyright laws worldwide in your use of the Services and to prevent any unauthorized copying or use of the foregoing proprietary content.
Any and all content, data, text or information that you create, enter, record, store, use, disclose and otherwise manipulate with our text editor, or if you are an admin of a Business plan and enter any information in your team section (hereinafter “User Content”) is owned, generated and controlled solely by you and not by us and you hereby expressly agree and acknowledge that your User Content remains your sole responsibility. We don’t claim any ownership rights in your User Content. You hereby authorize us, and also agree and acknowledge, that we store your User Content in connection with your use of the Services. If your User Content contains personal data, you agree and acknowledge that we can process such personal data on your behalf.
If our Services provide you a feature that may permit you to host, save or otherwise store your User Content, it is offered for your convenience only and does not guarantee that your User Content will be retrievable. You are solely responsible for saving, storing and otherwise maintaining backup copies of your User Content on appropriate independent systems that do no rely on our Services.
You hereby represent and warrant to us that:
- Your User Content does not and will not infringe or violate the rights of any third party, including without limitation, any intellectual property rights, rights of privacy or publicity or rights in confidential information;
- Your User Content is not and will not be unlawful, abusive, libellous, defamatory, pornographic or obscene, that threaten, advocate, promotes or incites violence, terrorism, illegal acts, or harm, threaten, promote the harassment of, promote the intimidation of, promote the abuse of, or promote discrimination on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender, identity or sexual orientation;
- Your User Content is not in violation of these Terms;
- Your User Content will not and does not create any liability on the part of Noisli, its successors, subsidiaries, affiliated companies, partners, affiliates, assigns, and their respective directors, officers, owners, managers, employees, contractors, shareholders, agents and licensors.
You must not upload, enter, distribute, store, transmit, send, perform, display, make available or continue to make available any content which breaches any of the terms of these Terms or to which you do not hold the necessary rights. Any unauthorized use of copyright protected material within your User Content (including by way of reproduction, modification, preparation of derivative works, distribution, adaptation), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited.
At any time, for any reason, at our sole discretion and without liability, we reserve the right to block, delete or remove, and to limit or restrict access to any Content or Services, and to pursue all legal remedies, if we have any reason to believe that your User Content does or might infringe the rights of any third party or is in breach of these Terms, applicable law or is otherwise unacceptable to us.
You hereby agree and acknowledge that we do not and cannot review your User Content, and neither Noisli, its successors, subsidiaries, affiliated companies, partners, affiliates, assigns, and their respective directors, officers, owners, managers, employees, contractors, shareholders, agents and licensors, have any obligation, and may, but do not assume or undertake any duty to, monitor the Services for User Content that does or might infringe any third party rights, that is inappropriate, or is otherwise in breach of these Terms or any applicable law.
Noisli, its successors, subsidiaries, affiliated companies, partners, affiliates, assigns, and their respective directors, officers, owners, managers, employees, contractors, shareholders, agents and licensors, hereby exclude any and all liability, to the fullest extent permitted by law, which may arise from any User Content entered, submitted or uploaded to the Services by users, including, but not limited to, any claims relating to publication of abusive, pornographic, defamatory, or obscene material, as well as any claims for infringement of rights of privacy or publicity rights and infringement of intellectual property rights.
By using our Services, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Noisli, its successors, subsidiaries, affiliated companies, partners, affiliates, assigns, and their respective directors, officers, owners, managers, employees, contractors, shareholders, agents and licensors.
There may be circumstances in which you provide us feedback, ideas, comments or suggestions (“Feedback”). We may provide you with means to provide Feedback or you can submit Feedback by writing us via mail, email or via social media channels. If you provide Feedback, you acknowledge that the Feedback is non-confidential and that Noisli has the right to use such Feedback, but not an obligation, on an unrestricted basis.
You grant Noisli a non-exclusive, worldwide, perpetual, irrevocable (and will therefore continue after the termination of the Agreement), fully-paid, royalty-free, sublicensable and transferable license and right, under any and all intellectual property rights that you own or control, to use, reproduce, make available to the public, translate, publish, modify, distribute, copy, create derivative works from and based upon and otherwise exploit for any purpose, through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created of any Feedback that you provided to us through any medium. You also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any Feedback, and your right to object to derogatory treatment of such Feedback.
We offer a Free plan, currently free of charge and available only to registered users, which gives you access to basic and limited features of the Services.
Registered users who subscribe to a paid subscription, i.e. the Pro plan or the Business plan (together “Subscriptions”), get access to a set of premium features and Content, specific to each type of Subscription. Prices and the associated features of each type of Subscription can be found on our pricing page. All prices shown include VAT or other sales tax where applicable.
If you want to purchase a Subscription, simply select the relevant Subscription on the pricing page or, if you already have an account, on the billing page within your settings on the website. Choose a billing cycle, and the number of users in case of the Business plan, and click the “Next” button. After that, follow the instructions by our third party provider Paddle which will handle the payment process.
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.
Selecting a Subscription and submitting your payment information is an offer to conclude a contract. Once we receive confirmation of your payment, your Subscription will be activated and you will receive a confirmation via email to the email address specified in your Noisli account. The contract for your Subscription is concluded when we upgrade your Free plan to the Pro or Business plan (consequently, if the plan has a trial period, the conclusion of the contract coincides with the start of the trial period) or when you receive our confirmation email of the upgrade from the Free plan to the Pro or Business plan (whichever happens first), not when you make your payment.
You can pay for your Subscription by any payment method that is presented to you during the payment process.
If you're purchasing a Subscription from anywhere within the euro area, you’ll be charged in euro (€ - EUR). If you’re purchasing a Subscription from anywhere outside of the euro area, you’ll be charged in US Dollars ($ - USD). The euro area consists of those Member States of the European Union that have adopted the euro as their currency. Once a currency has been established for your account, it’s not possible to switch to another currency.
As long as you are on a Subscription or have an outstanding balance with us, you shall provide valid payment information and you shall keep this information valid and up to date. By using a card or any other payment method presented to you, you represent and warrant that you are authorized to use that card or such payment information, and that any and all charges may be billed to that payment method and won’t be rejected.
Subscription Terms and Renewal
We offer Subscriptions with either a monthly or a yearly billing cycle. If you choose a monthly billing cycle, your Subscription will run from month to month, and will renew automatically at the beginning of each monthly period, for an additional month. If you choose a yearly billing cycle, your Subscription will run from year to year, and it will renew automatically at the beginning of the yearly period, for an additional, successive 12-month period.
Unless you cancel your Subscription at least 24 hours before the next billing date, your Subscription will automatically renew. If you are on a trial period, you will be billed for the first time on your next billing date, which is the date the trial is over and the date when your Subscription will automatically renew for an additional month or year, depending which billing cycle you have chosen. You can always see the next billing date and other payment information on the billing page within your settings on the website.
AUTOMATIC RENEWAL: AS STATED ABOVE, IF YOU DO NOT CANCEL YOUR SUBSCRIPTION AT LEAST 24 HOURS BEFORE THE NEXT BILLING DATE OF YOUR MONTHLY OR YEARLY SUBSCRIPTION, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU WILL AUTOMATICALLY BE CHARGED.
If for some reason we couldn’t renew your Subscription, for instance in case of insufficient funds, expiration of credit cards, a change in payment information or otherwise, the Subscription is cancelled and you will be automatically downgraded to the Free plan.
Subscription Upgrade or Downgrade
If you want to upgrade, downgrade or edit your current Subscription, you can do so at any time from the billing page within your settings on the website.
We, or others on our behalf, may offer from time to time trials and/or promo codes for Subscriptions for a specified period, billing cycle or Subscription at a reduced rate or without payment (together referred to as “Promotions”). We have the right, at our sole and absolute discretion, to determine your eligibility for such Promotions, and also to modify or withdraw a Promotion at any time without prior notice and with no liability.
Right of Withdrawal and Cooling-off Period
Where applicable, you have the legal right to withdraw from the contract within the first fourteen (14) days and without giving any reason. After fourteen (14) days from the day of the conclusion of the contract, this withdrawal period (“Cooling-off Period”) will expire.
In case you withdraw from this contract within the Cooling-off Period, we will refund you all your payments made within fourteen (14) days starting from the day of the conclusion of the contract, and no later than fourteen (14) days after we receive notice of your decision to withdraw from the contract. We will refund you using the same means of payment you’ve used to make the initial payment.
YOU AGREE AND ACKNOWLEDGE THAT IF YOU USE THE SERVICES WITHIN YOUR COOLING-OFF PERIOD YOU LOSE YOUR RIGHT OF WITHDRAWAL, AND ARE THUS NOT ENTITLED FOR A REFUND.
After we’ve received notice of your withdrawal, we will downgrade your Subscription to the Free plan and any Subscription related Content, User Content or features, like for example some saved Favorites, will be lost.
Please note that the renewal of your Subscription or an upgrade or downgrade from the Pro to the Business plan or vice versa, or a change in billing cycle or team size, are not considered a conclusion of a new contract and thus no “Cooling-off Period” applies.
If you want to withdraw from the contract within the Cooling-off Period, you must inform us of your decision to withdraw by an unequivocal statement. You can write us an email at email@example.com or a mail to Noisli Labs UG (haftungsbeschränkt) - c/o Factory Berlin, Lohmühlenstraße 65, 10969 Berlin. In order to meet the Cooling-off Period deadline, it is sufficient to send your communication concerning your exercise of the right of withdrawal before the Cooling-off Period has expired.
Cancelling your Subscription and Refunds
You can cancel your Subscription at any time, by downgrading to the Free plan, from the billing page within your settings on the website.
If you cancel your Subscription before your next renewal date, you will be downgraded to the Free plan at the end of the already paid period, and no fees already paid to us or any credit will be refunded. Any credit you might have will be lost.
If you delete your account while on a Subscription, we will not refund any fees already paid to us and any credit you might have will be lost and will not be refunded.
Other than as mentioned in the “Right of Withdrawal and Cooling-off Period” section, we have a no refund policy.
You agree and acknowledge that if you have a Subscription and we decide to no longer provide access to the Services and/or your account is being suspended or terminated (see “Termination” section below), you are not entitled to any refund, including any refund of fees you already paid to us or for any remaining period in your Subscription or of any credit you might have.
You acknowledge and agree that if you have any questions or concerns, especially in regards to charges made to you, before taking any formal action you will first contact us at firstname.lastname@example.org, provide a description of the problem and try to resolve amicably the matter with us directly, and won’t initiate or request any chargeback or reversal of payment or any similar mechanism (together “Chargeback”).
If you file or initiate a Chargeback, you will be immediately downgraded to the Free plan and you are not entitled to any refund, including any refund of fees you already paid to us or for any remaining period in your Subscription or of any credit you might have. Any credit you might have will be lost.
In order to re-enable a Subscription after a Chargeback, you will need to re-purchase the Subscription and pay any applicable fees in full, including any fees and expenses incurred by Noisli and/or any third party services for each Chargeback received.
Any user who files a Chargeback for a charge that is found to be valid, may be permanently banned from using the Services. Furthermore, any fees and expenses incurred by Noisli and/or any third party services for each Chargeback received may be invoiced to the user.
Changes to the Services and Pricing
We reserve the right at any time and for any reason to limit, discontinue, terminate, suspend or cease providing access to the Services or any part thereof, permanently or temporarily, and whether with respect to individual territories only or in its entirety.
We may at any time and for any reason change the prices charged for our Subscriptions or introduce prices for any plan, change, remove or introduce new features or Content of any type of plan or Subscription and introduce new features, Content or types of plan or Subscriptions. In the event of an increase in price or a material reduction in the features or Content of any Subscription to which you are subscribed, we will inform you about such changes in advance by means of a notice on this page or within the Services or by sending registered users an email (sent to the email address specified in your Noisli account). What constitutes a material change will be determined at our sole discretion. Changes in price will take effect with respect to any subsequent renewal date of your current Subscription period following the date of the price change. You automatically accept the changes by continuing to use the Services after the changes take effect. If you do not agree with the changes, you must cancel your Subscription or delete your account prior to the changes going into effect.
You agree that Noisli, its successors, subsidiaries, affiliated companies, partners, affiliates, assigns, and their respective directors, officers, owners, managers, employees, contractors, shareholders, agents and licensors, shall not be liable to you or any third party for any modifications or changes to the Services, and for any decision to limit, discontinue, terminate, suspend or cease the Services or any part or parts thereof, or your possibility to access or use the Services within or from any territory or territories.
You may terminate this Agreement at any time by simply deleting your account within your account settings on the website and thereafter by stopping to use the Services. In the eventuality you cannot use this option, a termination request may also be requested by an unequivocal statement at email@example.com. Please remember that deleting any Noisli app or extension will not delete your Noisli account.
We may terminate or suspend your access to the Services and/or terminate this Agreement at any time and at our sole discretion, including:
- If you are in breach of any material provisions of these Terms, or if we determine at our sole discretion that you have repeatedly breached these Terms, or if we believe that your behavior violates our Terms;
- if we receive a valid notification from a third party;
- if we terminate this Agreement with a notice period;
- If we limit, discontinue, terminate, suspend or cease providing access to the Services or any part thereof, permanently or temporarily, and whether with respect to individual territories only or in its entirety;
- in any reasonable circumstances as determined by us.
If you or we terminate your account, any and all Content, including your User Content, will be immediately and irretrievably deleted, except to the extent obliged or permitted by law and regulations to retain such content, data or personal data for a certain period of time and/or to protect our legitimate business interests. We assume no liability for any Content, including your User Content, that is lost following any termination of your account.
If you or we terminate the Agreement, you agree and acknowledge that Noisli, its successors, subsidiaries, affiliated companies, partners, affiliates, assigns, and their respective directors, officers, owners, managers, employees, contractors, shareholders, agents and licensors, shall have no liability or responsibility to you, and will not refund any amounts that you have already paid or any credit you might have, to the fullest extent permitted under applicable law.
We may provide you with links or access to third party services, including without limitation, websites, applications or products (hereinafter “External Services”).
You hereby irrevocably waive any claim against Noisli, its successors, subsidiaries, affiliated companies, partners, affiliates, assigns, and their respective directors, officers, owners, managers, employees, contractors, shareholders, agents and licensors, with respect to the content or operation of any External Services and acknowledge that Noisli, its successors, subsidiaries, affiliated companies, partners, affiliates, assigns, and their respective directors, officers, owners, managers, employees, contractors, shareholders, agents and licensors, disclaim any and all responsibility or liability for any harm resulting from your use of such External Services.
Apple, the Apple logo, iPhone, and iPad are trademarks of Apple Inc., registered in the U.S. and other countries and regions. App Store is a service mark of Apple Inc. Google and the Google Logo, Google Play and the Google Play Logo, Google Chrome Web Store and the Google Chrome Web Store Logo are registered trademarks of Google LLC.
THE SERVICES, AND ALL CONTENT AND SERVICES ACCESSED THROUGH OR VIA THE SERVICES OR OTHERWISE, ARE PROVIDED “AS IS”, “AS AVAILABLE”, “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND.
SINCE PEOPLE USE NOISLI FOR A VARIETY OF REASONS, WE CAN’T GUARANTEE THAT OUR SERVICES WILL MEET YOUR SPECIFIC NEEDS.
NOISLI MAKES NO GUARANTEES, REPRESENTATIONS, PROMISES OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE SERVICES, OR ANY CONTENT, OR ANY PART OR PARTS THEREOF, OR ANY LINKED SERVICES OR EXTERNAL SERVICES.
YOU UNDERSTAND AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES.
NOISLI DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE TIMELY, SECURE OR ERROR-FREE, UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR ANY PART OR PARTS THEREOF, THE CONTENT, OR THE SERVERS ON WHICH THE SERVICES OPERATE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
NOISLI DOES NOT WARRANT THAT YOUR USE OF THE SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THAT ANY CONTENT (INCLUDING USER CONTENT) ON THE SERVICES WILL BE SECURE OR THAT ANY ELEMENTS OF THE SERVICES DESIGNED TO PREVENT UNAUTHORIZED ACCESS WILL BE EFFECTIVE IN ANY AND ALL CASES.
NOISLI, ITS SUCCESSORS, SUBSIDIARIES, AFFILIATED COMPANIES, PARTNERS, AFFILIATES, ASSIGNS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, MANAGERS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS AND LICENSORS, SPECIFICALLY DISCLAIM ALL OF THE FOREGOING WARRANTIES AND ANY OTHER WARRANTIES NOT EXPRESSLY SET OUT HEREIN TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION ANY EXPRESS OR IMPLIED WARRANTIES REGARDING MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
WHERE THE LAW OF ANY JURISDICTION PROHIBITS OR LIMITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET OUT ABOVE, THE ABOVE DISCLAIMERS SHALL NOT APPLY TO THE EXTENT THAT THE LAW OF SUCH JURISDICTION APPLIES TO THIS AGREEMENT.
WE ARE NOT A HEALTH CARE OR MEDICAL SERVICE PROVIDER, NOR SHOULD OUR SERVICES OR ANY CONTENT BE CONSIDERED MEDICAL ADVICE. NOISLI MAKES NO CLAIMS, GUARANTEES OR REPRESENTATIONS THAT THE SERVICES PROVIDE A PHYSICAL OR THERAPEUTIC BENEFIT.
WE OFFER HEALTH AND FITNESS INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY ADVICE, INFORMATION OR CONTENT PROVIDED OR OFFERED BY THE SERVICES IS INTENDED FOR GENERAL INFORMATION PURPOSES ONLY AND IS PROVIDED SIMPLY FOR YOUR CONVENIENCE. WE MAKE NO WARRANTIES OR REPRESENTATION ABOUT THE COMPLETENESS, ACCURACY, OR SUITABILITY FOR ANY PURPOSE OF THE ADVICE, INFORMATION OR ANY CONTENT PROVIDED OR OFFERED BY THE SERVICES. THEY ARE NOT INTENDED TO BE RELIED UPON AND ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE BASED ON YOUR INDIVIDUAL CONDITION AND CIRCUMSTANCES. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH, YOU SHOULD ALWAYS CONSULT WITH A PHYSICIAN, GENERAL PRACTITIONER OR OTHER HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTHCARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON OR THROUGH THE SERVICES. PEOPLE WITH ANY EXISTING HEALTH CONDITIONS SHOULD SPEAK WITH THEIR HEALTH CARE PROVIDERS BEFORE STARTING USING THE SERVICES.
Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NOISLI, ITS SUCCESSORS, SUBSIDIARIES, AFFILIATED COMPANIES, PARTNERS, AFFILIATES, ASSIGNS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, OWNERS, MANAGERS, EMPLOYEES, CONTRACTORS, SHAREHOLDERS, AGENTS AND LICENSORS, SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE, REGARDLESS OF THE NATURE OF THE CLAIM, INCLUDING BUT NOT LIMITED TO:
- ANY DAMAGE OR LOSS ARISING FROM:
- YOUR USE, MISUSE OR IRRESPONSIBLE USE OF THE SERVICES, CONTENT OR EXTERNAL SERVICES, INCLUDING, BUT NOT LIMITED TO, BY LISTENING, AND/OR PROLONGED LISTENING, AT A HIGH OR LOUD VOLUME, OR TO A SPECIFIC SOUND OR SOUNDS;
- YOUR INABILITY TO ACCESS OR USE THE SERVICES, CONTENT OR ANY PART OR PARTS THEREOF, OR ANY EXTERNAL SERVICES VIA THE SERVICES;
- ANY CHANGES THAT NOISLI MAY MAKE TO THE SERVICES, CONTENT OR ANY PART OR PARTS THEREOF, OR ANY PERMANENT OR TEMPORARY CESSATION OR SUSPENSION OF ACCESS TO THE SERVICES OR ANY CONTENT IN OR FROM ANY OR ALL TERRITORIES;
- ANY ACTION TAKEN AGAINST YOU BY THIRD PARTY RIGHTSHOLDERS WITH RESPECT TO ANY ALLEGED INFRINGEMENT OF SUCH THIRD PARTY’S RIGHTS RELATING TO YOUR USER CONTENT OR YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN AGAINST YOU AS PART OF AN INVESTIGATION BY NOISLI OR ANY RELEVANT LAW ENFORCEMENT AUTHORITY REGARDING YOUR USE OF THE SERVICES;
- ANY OMISSIONS OR ERRORS IN THE SERVICES’ TECHNICAL OPERATION, OR FROM ANY DEFECT OR INACCURACY IN ANY CONTENT OR ANY INFORMATION RELATING TO ANY CONTENT;
- YOUR FAILURE TO PROVIDE COMPLETE AND ACCURATE INFORMATION, OR YOUR FAILURE TO KEEP YOUR EMAIL ADDRESS AND PASSWORD SUITABLY CONFIDENTIAL;
- ANY MISCONDUCT BY OTHER USERS OR THIRD PARTIES USING THE SERVICES, ESPECIALLY IN BREACH OF THE AGREEMENT OR ANY OF THESE TERMS.
- ANY LOSS OR DAMAGE TO ANY SOFTWARE OR COMPUTER HARDWARE, ANY LOSS OF DATA (INCLUDING USER CONTENT), OR ANY LOSS OR DAMAGE FROM ANY SECURITY BREACH;
- ANY LOSS OF PROFITS, ANY LOSS OF BUSINESS AND ANY INDIRECT LOSSES, SUCH AS LOSS OF OPPORTUNITY;
- ANY DELAYS OR FAILURE IN PERFORMANCE OF ANY PART OF THE SERVICES, FROM ANY CAUSE BEYOND OUR CONTROL. THIS INCLUDES, BUT IS NOT LIMITED TO, CHANGES TO LAW OR REGULATIONS, WAR, TERRORIST ACTS, RIOTS, FIRES, EARTHQUAKES, NUCLEAR ACCIDENTS, FLOODS, STRIKES, POWER BLACKOUTS, VOLCANIC ACTION, UNUSUALLY SEVERE WEATHER CONDITIONS, AND ACTS OF HACKERS OR THIRD-PARTY INTERNET SERVICE PROVIDERS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YOU ACKNOWLEDGE AND AGREE THAT SUCH LIMITATIONS AND EXCLUSIONS REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND NOISLI AND ARE FUNDAMENTAL ELEMENTS OF THE BARGAIN BETWEEN YOU AND NOISLI AND THAT NOISLI’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL NOISLI’S AGGREGATE LIABILITY TO YOU EXCEED THE FEES YOU PAID TO NOISLI UNDER THIS AGREEMENT DURING THE PRIOR TWELVE MONTHS IN QUESTION.
ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES MUST BE NOTIFIED TO NOISLI AS SOON AS POSSIBLE.
You hereby agree to indemnify, defend and hold harmless Noisli, its successors, subsidiaries, affiliated companies, partners, affiliates, assigns, and their respective directors, officers, owners, managers, employees, contractors, shareholders, agents and licensors, from and against any and all claims, incidents, liabilities, procedures, obligations, damages, losses, expenses and costs, including legal and accounting fees, resulting from:
- any violation by you of these Terms;
- any third party claim of infringement of any third party rights, copyright or other intellectual property rights or invasion of privacy due to your User Content;
- any activity related to your account, be it by you or by any other person accessing your account with or without your consent;
- any violation by you of any law.
Assignment to third parties
These Terms do not give rights to anyone except us and you. This does not affect our right to transfer our rights and/or obligations to any third party as described below.
Where permissible by law, we may assign our rights and our obligations under this Agreement, in whole or in part, to any third party and at any time without notice, including without limitation, to any entity or person which acquires all or part of the assets or business of Noisli, in the event of a merger of our business, change in control, sale, acquisition, reorganization, consolidation or liquidation.
You may not assign or transfer this Agreement or the rights and duties hereunder, in whole or in part, to any third party without our prior written consent.
If it turns out that one or more provisions of these Terms are unlawful, void or unenforceable, then such provisions shall be deemed severable, whereas the remaining provisions of these Terms will remain valid and in full force and effect.
Even if the Agreement is terminated, any sections of the Agreement that, either explicitly or by their nature, must remain in effect even after termination of the Agreement, shall survive termination.
If we don’t immediately take action on a violation of these Terms, we’re not giving up any rights under these Terms, and we may still take action at some point.
Applicable law and jurisdiction
This Agreement is subject to the laws of the Federal Republic of Germany, without regard to the conflicts of law principles and excluding the UN Convention on Contracts for the International Sale of Goods (CISG); and you hereby agree, and Noisli agrees, to submit to the exclusive jurisdiction of the courts in Berlin (Germany) for resolution of any action, dispute or proceeding arising in connection with this Agreement.
To any claim in which Noisli seeks equitable relief of any kind, the foregoing provisions of this Applicable law and jurisdiction section do not apply.
The European Commission provides a platform for an online settlement of disputes which can be accessed under https://ec.europa.eu/consumers/odr/. Please note that Noisli is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board. In case of a dispute, we ask you to contact us directly at firstname.lastname@example.org.
In the event of a breach of this Agreement by Noisli or any third party, you acknowledge that, the harm or damage, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Noisli, its successors, subsidiaries, affiliated companies, partners, affiliates, assigns, and their respective directors, officers, owners, managers, employees, contractors, shareholders, agents and licensors, including with respect to your User Content, and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms.
The Services are offered by Noisli Labs UG (haftungsbeschränkt), c/o Factory Works GmbH, Lohmühlenstraße 65, 12435 Berlin, Germany. More information about Noisli is available here.
You may contact us in english by writing to the foregoing address or by emailing us at email@example.com. If you are a resident of the State of California, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.
Last updated: December 12, 2023
When we refer to “controller”, “processor”, “processing”, “personal data” and “data subject”, these terms have the same meaning as given to them in the EU General Data Protection Regulation, i.e. Regulation (EU) 2016/679 (“GDPR”).
Noisli (“Noisli”, “we”, “us” or “our”) is the entity that acts as the Controller of the personal data we hold about a user with a Noisli account or the Processor of the personal data that you have entrusted to us.
Information we collect
When you use our Services we may collect, store and process various kinds of personal data with different legal grounds, as listed below. The different types of personal data may be collected depending on the way you interact with us, use our Services and which Services you use.
Information you provide to us
Account: when you sign up and create a Noisli account using your email address, you will need to provide your email address and set a secure password. At your discretion, in your account section, you may choose to also provide your name, surname and edit your username. If you sign in with Google, we will receive certain personal data by such third party service, as mentioned under “Information we receive from other sources”. Upon sign up or throughout your use of our Services, certain IDs are automatically generated by us within our database so to manage and retrieve your user data within our database.
Settings & Preferences: this is personal data that you provide us by using our Services, such as via your settings and preferences. This includes your saved Favorites, your Timer settings, if you have Shuffle enabled or not and other general preferences of your account.
User Content: you may provide personal data when writing in our text editor. If you’re the admin of a Business plan you may provide us with personal data when entering the email address of the person you’re adding to your Team.
Communication: if you contact us by email, use any webforms of the Services, or contact us via mail, social media platforms or any online or offline means, you may provide certain personal data. This may include your email address, any Feedback or any other information you choose to provide.
Affiliate: if you apply to become a Noisli Affiliate, you will provide certain information that we request and this may include personal data. This may include your first name, last name and your business information.
Other Information: when you consent to participate in surveys, sweepstakes, initiatives or contests, we may collect personal data and any other information you choose to provide to us in such occasions.
Information we collect automatically when you use our Services
Information we receive from other sources
From other users: we may receive your email address from other users (i.e. the admin of a Business plan) when such user provides us with such personal data in order to add or invite you to their team.
From public authorities, regulators or law enforcement bodies: in the eventuality that public authorities reach out to us, we may initially receive personal data about you through their query.
How we use your information
We use your personal data for a range of different purposes according to different legal bases of processing such personal data:
To operate, maintain and provide you access to the Services. This is necessary in order to perform our contract with you, to deliver our Services or because it is necessary to execute certain Services requested by you.
- Account data: this includes for example to authenticate you when you log in, to manage and retrieve your data within the database (e.g. to save and retrieve your saved Favorites or your Timer statistics) or to validate your actions (e.g. if you want to change your password or delete your account).
- Settings & Preferences data: this includes for example to give you access to certain features depending on the plan you’re on, to reflect the choices you make on your preferences page (e.g. to display the background color you’ve chosen), to save your Favorites or to reflect your Timer settings.
- Usage & Log data: this includes for example to calculate your daily streaming usage, to keep record of your daily Timer statistics, to show you the correct prices and currency and to operate the features depending on the device you’re accessing Noisli from.
- User Content data: this includes for example to save and display the text you’re writing and to manage your Team members if you’re an admin of the Business plan.
- Subscription data: this includes for example to retrieve and show you your subscription data (e.g. your plan type, the price of the plan or when and how much you will be billed next), to give you access to certain features or options, and to let you update or cancel your subscription.
- Cookies & Other Technologies: this includes for example necessary cookies such as authentication cookies to let you log in and to remember your choices about cookies.
The lawful basis we rely on for this is Article 6(1)(b) of the GDPR which allows us to process personal data when it’s necessary to perform our contract with you.
To provide customer support and technical assistance whenever you reach out to us. In order to be able to respond and assist you with any issue or query you may have, we may access your settings or data to better understand the situation, what happened or why something is not working.
- Account data: this includes for example to resend the confirmation link to your email address if you didn’t receive it, to retrieve your data if you are having issues with your account or a specific feature and to be able to reply to your questions or to respond to your requests (e.g. if you exercise any of your rights).
- Settings & Preferences data: this includes for example if you reach out to us because a certain feature is not working and by looking at your data we may discover that it hasn’t been activated or that you would need to switch to another plan to use it.
- Usage & Log data: this includes for example if you’re having issues to log in and we see that this is because you didn’t confirm your email address yet or we see that this is because you made too many failed attempts within a short period of time.
- User Content data: this includes for example if you’re having any issues with your Team page such as problems adding your team members or any issues with your saved text.
- Subscription data: this includes for example if you’re having questions or issues with your subscription e.g. if you don’t understand why there is a certain next payment amount.
- Communication data: this includes for example to process the information you send us while applying for a student discount, or to look at a screenshot you may share with us displaying the problem you’re having.
The lawful basis we rely on for this is either Article 6(1)(b) of the GDPR which allows us to process personal data when it’s necessary to perform our contract with you, or Article 6(1)(f) of the GDPR which allows us to process personal data for our legitimate interests.
To communicate with you via email and within the Services, to send you transactional communications, updates and notifications regarding your account and our Services. This may include account, administrative, compliance, privacy or security notifications, to inform you about changes of your plan and its features, updates, planned outages or warnings, or other temporary or permanent changes to our Services.
- Account data: this includes for example to send you the confirmation email when you sign up, to send you a reset password link if you request it, to contact you if we notice issues with your subscription or if there is an important contractual change.
The lawful basis we rely on for this is Article 6(1)(b) of the GDPR which allows us to process personal data when it’s necessary to perform our contract with you.
To improve your experience on our Services by providing Content or other features that enhance your use and enjoyment of our Services or that let you further personalize your account.
- Account data: this includes for example to let you change the default username or set a first and last name.
- Usage & Log data: this includes for example to show you the onboarding modal the first time you log into the Services, or to remember your plan and cycle choice if you sign up from the pricing page so to redirect you to the relevant section.
- Subscription data: this includes for example to show you your invoice history within your account.
The lawful basis we rely on for this is Article 6(1)(f) of the GDPR which allows us to process personal data for our legitimate interests.
To enforce compliance with our Terms and applicable law, and to protect the rights and safety of our users and third parties, as well as our own. This includes detecting and preventing fraud, spam, abuse, security incidents and other suspicious activity, unauthorized or illegal activity and conducting security investigations and risk assessments to enhance our Services and safeguard our and your integrity, safety and security.
- Account data: this includes for example to make sure that the username you enter does not violate our Terms, to contact you should we notice any abuse, or to check your data if you report any unauthorized activity.
- Usage & Log data: this includes for example to limit failed log in attempts and reset password requests, to prevent unwanted sign ups or to monitor and limit the usage of some premium features.
- User Content data: this includes for example to be able to check if the use of the text editor does not violate our Terms.
The lawful basis we rely on for this is Article 6(1)(f) of the GDPR which allows us to process personal data for our legitimate interests.
To analyze, evaluate and understand the use of our Services in order to improve our Services and develop new features, products or services or to be able to discover bugs. This includes analysing usage data we collect through our Services, conducting surveys, researches and tests or by receiving your Feedback.
- Account data: this includes for example to understand which sign up option performs best.
- Setting & Preferences data: this includes for example to understand which Timer settings or which background color setting is the most used.
- Usage & Log data: this includes for example to understand how many people sign up on a certain date, when users last used a certain feature or to analyze how much a certain feature is used (e.g. which playlists are the most listened to). This also includes for example Google Analytics and TelemetryDeck which help us understand e.g. how many pageviews we had in a given month or how many people visited a certain page on our Services.
- Subscription data: this includes for example to understand how long users remain subscribed, which currency is most used, which plan cycle is the most popular or how many people are subscribed to a certain plan.
- Communication data: this includes for example analysing the feedback, suggestions or bug reports we receive from users.
- Cookies & Other Technologies: this includes for example Google Analytics which helps us understand e.g. how many pageviews we had in a given month or how many people visited a certain page on our Services.
- Other Information: this includes for example to conduct surveys so to gather your answers and analyze the results.
The lawful basis we rely on for this is either Article 6(1)(a) of the GDPR, for example when we require your consent to use performance cookies or when you consent to participate in a survey, or Article 6(1)(f) of the GDPR which allows us to process personal data for our legitimate interests.
To operate, manage and monitor our marketing efforts. This may include being able to track and attribute referrals, or to track, calculate and payout commissions, to ensure compliance with our Terms or to assess the performance of the program, or being able to track ads or campaign conversions.
- Affiliate data: this includes for example to communicate with you, to provide you support, inform you about important information and updates regarding the Affiliate Program, manage payments or to manage your participation in the Affiliate Program.
- Account data, Subscription data, Cookies & Other Technologies: this includes for example to attribute referral to an affiliate or to track and calculate commission, or to link and attribute referral to a certain ad or marketing campaign.
- Usage & Log data: this includes for example to prevent abuse or to check or enforce compliance with our Terms.
The lawful basis we rely on for this is either Article 6(1)(b) of the GDPR which allows us to process personal data when it’s necessary to perform our contract with you, or Article 6(1)(f) of the GDPR which allows us to process personal data for our legitimate interests, or Article 6(1)(a) of the GDPR, for example when we require your consent to use marketing cookies.
To organize and manage contests, sweepstakes or other promotional activities and events. On such occasions we might request and process certain personal data which will depend on the type of activity.
- Other Information: this includes for example organising a giveaway where we ask for your email address in order to be able to notify you if you’re the winner.
The lawful basis we rely on for this is either Article 6(1)(a) of the GDPR, for example when we require your consent to use your personal data in correlation with a promotional activity, or Article 6(1)(f) of the GDPR which allows us to process personal data for our legitimate interests.
To meet legal requirements. This may include providing personal data to help comply with security and legal requirements, as well as complying with court orders, respond to lawful requests by public authorities, prosecute and defend a court, arbitration or similar legal proceeding and cooperating with law enforcement as well as safeguarding public and national security.
- In such occasions, this might include providing all or some of your personal data depending on the type of request or the legal proceeding.
The lawful basis we rely on for this is Article 6(1)(c) of the GDPR which allows us to process personal data when it’s necessary to comply with a legal obligation.
Sharing your information
This section describes how personal data might be shared by us:
Service Providers and Partners: we may share personal data about you with third party service providers, including in order to provide our Services and to ensure the adequate performance of our contract with you, to help us run our operations, to help us understand and enhance our Services or to run and manage our Affiliate Program. For example assisting and providing with development, hosting, maintenance, backup, storage, virtual infrastructure, analytics, customer and technical support, payment processing, or task management, email and other communications among our team. If a service provider needs to access certain personal data about you, they do so to the extent necessary to perform services on our behalf, and under instruction from us, including abiding by policies and procedures designed to protect your personal data. Such service providers may be located outside of the European Economic Area (EEA).
Teams: if you are the admin of a Business plan and you invite or add someone to your team, your email address will be shared with them in the email invitation. When you are added to a team, your email address, username, name and surname may be shared with the team admin.
With your consent: we may disclose your personal data if you have explicitly agreed that we may do so for a specific purpose that we will communicate to you in the moment we collect personal data from you. For example, we may, with your consent, publish testimonials or featured customer stories to promote the Services.
As aggregated or de-identified information: we may share aggregated data (data that does not directly identify anyone) to create statistical information about our Services and its usage, for market and industry analysis, geographic analysis and other business purposes which may be shared with third parties or made publicly available.
Any competent law enforcement body, regulatory body, government agency, court or other third party where we believe disclosure is necessary as a matter of applicable law or regulation, to exercise, establish, protect or defend our legitimate rights and interests, or those of our users, employees, directors, officers, or shareholders, and/or to ensure the safety and security of the Services, or to protect your vital interests or those of any other person.
Third party applications: if you choose to share a sound combination via Facebook, Twitter or Email or if you choose to save your text to Dropbox or Google Drive you may share personal data with such third party. This information will then appear on the respective third party service and may be visible to other users of such third party services depending on your settings of your third party account.
The security of your personal data is important to us.
We take appropriate and reasonable technical measures to protect personal data. Data is encrypted in transit using industry standard Transport Layer Security (TLS) and at rest using industry standard AES encryption (AES-256). Only authorized employees are entitled to access and process personal data if this is required to provide our Services or Services related tasks, to help you with your request or to fulfill legal obligations.
Your email address and password protects your user account, so you should use a unique and strong password, keep this data secure, never disclose it to a third party and limit access to your devices. Please note that, while we take data protection precautions and security measures, no method of transmission over the internet or method of electronic storage is ever completely secure and error-free, and we can not guarantee the absolute security of user information. Keep in mind that when you use our Services and when you provide us with information you do so at your own risk and discretion.
We generally retain data as long as you do not delete your account or as long as we have a legitimate interest in doing so, such as providing our Services, and to comply with legal, accounting and reporting requirements.
We do not handle nor retain any payment or financial information. All such information is handled and retained by a third party service which acts as our Merchant of Record (Paddle.com).
International Data Transfer
Our Services are not targeted nor intended for the use by children. If you are under the age of 16, if resident in the European Union, or under the age of 13, if resident in the United States, or under the age where according to your jurisdiction your personal data can not be processed without parent or guardian consent, you are not permitted to use the Services and you must not attempt to register an account or provide any personal data to us. We do not knowingly collect any personal data from any person who is under the age of 16 or 13, or the applicable age as described above. If it comes to our attention that we have collected personal data from a person under the age of 16 or 13, or the applicable age as described above, we will delete this information as quickly as possible. If you have reason to believe that we may have collected any such personal data, please notify us immediately.
Exercising your rights
In some jurisdictions, you may exercise certain rights under data protection laws in relation to your personal data, and this section aims to give you a general understanding of these rights. The rights are not absolute, and we encourage you to deepen this understanding by studying the GDPR, or any other relevant or equivalent regulation.
The right to data access and portability: You may be entitled to access the personal data we hold about you. You may also be entitled to request a copy of the personal data you have provided to us in a machine-readable format.
The right to rectification: You may request a correction of incomplete or inaccurate information we hold about you if you can not do it yourself through your account settings.
The right to erasure: If you request to delete all or some of your personal data we hold about you, we will delete or anonymise it so that it no longer identifies you. You can also delete your account yourself at any time on the account page within your settings on the website.
The right to object: You may object to processing your personal data if we do not need to process such information for contractual or legal requirements and if our legitimate interest does not outweigh your right to objection. You also have the right to object where we are processing your personal data for direct marketing purposes.
The right to restrict processing: You may have the right to limit the ways of processing of your personal data, under certain circumstances.
Withdrawing consent: You may withdraw consent where we processed personal data on the basis of consent. Withdrawing your consent will not affect the lawfulness of any processing prior to your withdrawal, nor will it affect the processing of your personal data which is conducted in reliance to other legal bases other than consent. Options to withdraw your consent include:
- You can manage your consent of cookies from the account page within your settings on the website or you can also manage and control the storing of cookies through your browser settings. Remember that blocking cookies may sometimes prevent certain elements of our Service from functioning.
- Deleting your account from the account page within your settings on the website. If you ask us to delete your account via email we will do so within a reasonable period of time. All User Content and personal data will get deleted, however we (or our third-party service providers, such as Paddle.com) may need to retain some of your personal data in order to satisfy legal obligations, or where there is a legitimate reason for doing so.
- Following the unsubscribe instructions included in the case of any marketing communication via email.
- Sending us an email at the address noted in the Contact Information below specifying the consent you’re withdrawing.
If you want to exercise any of the above mentioned rights, and you can’t do it yourself from the Services, please contact us in english at firstname.lastname@example.org. Please state clearly whether this is a request to access, correct, delete or any other of the above mentioned points.
We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month, e.g. if your request is particularly complex or you have made a number of requests.
If your request is clearly unfounded, repetitive or excessive, we may charge a reasonable fee or refuse to deal with the request. We may request proof of your identity or other additional information before taking any further action on your request.
If you do have a complaint we would appreciate the chance to deal with your concerns directly and in the first instance, however you have the right to lodge complaints about our data processing activities before a competent data protection authority.
If you are a California resident you have certain rights regarding your personal data. At this point in time we do not fall under the CCPA and we are not “selling” any personal data to any third party for any direct marketing purposes.
Last updated: January 15, 2024
Thanks for taking the time to read our Terms.
We hope you enjoy Noisli!
— The Noisli team