Songkick Terms of Use
Last Updated: July 9, 2026
These Terms of Use (the “Terms”) govern your use of the website, https://songkick.com/ (“Website”), the related mobile application (“App”) as well as such products, features, content, and other services available on or through the Website and App (together the “Service(s)”), except where we expressly state that separate terms apply.
The Services are provided to you by Suno Inc. (referred to as “Suno,” “we,” “us” or “our” in these Terms). When we refer to “you” or “your” in these Terms, we are referring to you as the user of the Services.
ARBITRATION NOTICE FOR USERS RESIDING OUTSIDE OF THE UK/EEA: PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST SUNO ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
1. Using the Services
- 1.1
By using the Services, you agree to these Terms and any additional guidelines or rules that are referenced within it. Together, these make up the entire agreement between you and us for your use of our Services. They supersede any prior agreements between you and us. You agree that you have the legal right and authority to enter into these Terms.
- 1.2
Please read these Terms carefully and make sure you understand them. If you do not understand the Terms, or do not accept any part of them, please do not use the Services.
- 1.3
Your access to the Services may also be governed by the terms and conditions of third party providers who make available other applications or services to you through the Services.
- 1.4
You may need to register and/or hold an account to use the Services. We may allow for registration using an integration with a third party service such as a social media platform or digital music service provider. You must provide accurate and complete registration information and keep this up to date. Your user name and password (and any identification codes or other information) are for your personal use only and should be kept confidential. We reserve the right (acting reasonably) to prevent your use of a user name or require you to change it.
- 1.5
We may terminate your use of the Services for your breach of these Terms, including if you repeatedly engage in copyright infringement via or in connection with the Services.
2. Your privacy
- 2.1
We explain in our Privacy Policy, located
here, how we process your personal data when you use the Services. If you make your personal data available to a third party, the third party’s privacy policy may apply to how this personal data is used. If you choose to make any of your personal data publicly available on the Services, you do so at your own risk.
3. Permissions and restrictions
- 3.1
Unless otherwise stated by us, the Services are available only for people aged 13 or older. If you are aged 13 to 18, you should review these Terms with your parent or guardian to make sure that they give you permission to use the Services. Parents and guardians who allow a child to access the Services agree to be bound by these Terms in relation to the child’s use of the Services and should supervise the child.
- 3.2
Individuals not permitted to use the Services include:
- 3.2.1
Individuals from countries listed, or those named as sanctioned individuals, on sanctions lists (or similar) by the United States, including the Department of the Treasury’s Office of Foreign Assets Control, or by the United Nations Security Council, the European Union, the United Kingdom under sanctions regimes; and
- 3.2.2
Those who have had their account(s) suspended or terminated previously by us, unless we notify you otherwise in writing.
- 3.3
You are not allowed to:
- 3.3.1
Use the Services for any fraudulent or unlawful purpose;
- 3.3.2
Access, copy, modify, decompile, reverse engineer, download, distribute, transmit, broadcast, display, translate, rent, lease, loan, license, sell, or otherwise exploit or use any part of the Services except:
- 3.3.2.1
As specifically permitted by the Services;
- 3.3.2.2
With prior written permission from us and, if applicable, the respective rights holders; or
- 3.3.2.3
As permitted by applicable law. This includes not removing any copyright, trademark or other proprietary rights notice from the Services or materials within them;
- 3.3.3
Attempt to gain unauthorised access to our Services or accounts registered to other users or interfere with or disrupt the operation of the Services or networks used to make the Services available (including security-related features) or violate the policies of such networks;
- 3.3.4
Restrict or inhibit any other person from using the Services (including by hacking or defacing any portion of the Services);
- 3.3.5
Knowingly introduce any viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
- 3.3.6
Use any robots, botnets, scrapers or spiders, site search/retrieval application or other manual or automatic device, algorithm, code, process or methodology to retrieve, index, scrape, data mine or in any way reproduce/republish, obtain a copy of, monitor or circumvent the Services, without our express prior written consent;
- 3.3.7
Use any automated analytical technique aimed at analysing text and data in digital form to generate information which includes but is not limited to patterns, trends and correlations. The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of Digital Copyright Directive ((EU) 2019/790). This clause shall not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us;
- 3.3.8
Use any part of the Services for commercial purposes without our written consent. This means you should only access and use the Services for personal use, and you must not use the Services to:
- 3.3.8.1
Advertise or offer to sell or buy any goods or services without our express prior written consent;
- 3.3.8.2
Use the Service to distribute unsolicited promotional or commercial content or other unwanted or mass solicitations (spam);
- 3.3.9
Run contests through the Services; or
- 3.3.10
Misuse any reporting, flagging, complaint, dispute, or appeals process, including by making groundless, vexatious, or frivolous submissions.
4. Third Party Materials
- 4.1
The Services may include, display or make available content, data, information, applications or materials from third parties or provide links to third party websites, products and services (“Third Party Materials”). By using the Services, you agree that Suno is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third Party Materials. We do not endorse Third Party Materials and will not have any liability or responsibility to you for any Third Party Materials or for any other materials, products or services of third parties. You should review the safety, content and validity of those websites, products and services, and their terms and policies, very carefully. We have no control over the third party’s content and we are not responsible for any third party’s websites, products and services, or their availability. Your use of such third-party content is at your own risk.
5. Our duties to you
6. Liability
- 6.1
Pursuant to applicable law, consumers may have certain rights that cannot be excluded or altered by contract terms like these Terms. Nothing in these Terms affects those rights you may have as a consumer under applicable laws and if these laws apply to you, some or all of the disclaimers, exclusions or limitations may not apply to you and you may have additional rights. In particular, we do not seek to limit or exclude our liability for death or personal injury as a result of our negligence, fraud or fraudulent misrepresentation.
- 6.2
We, our affiliates, representatives and providers will not be responsible for any loss or damage you may experience in connection with your use of the Services which is:
- 6.2.1
Caused by an event beyond our reasonable control or which we could not have reasonably foreseen;
- 6.2.2
The result of any User Content (as defined in Section 8.1) or for the defamatory, offensive or illegal conduct of any user;
- 6.2.3
Not directly caused by us; or
- 6.2.4
A business loss, because the Services are for private non-commercial uses only.
- 6.3
If you reside outside of the United Kingdom (the “
UK”), Switzerland, or in a member state of the European Economic Area (the “
EEA” and collectively, “
UK/EEA”), this Section 6.3 applies to you:
- 6.3.1
To the extent permitted under applicable law, Suno, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Suno Parties”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
- 6.3.2
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT IN NO EVENT WILL THE SUNO PARTIES BE LIABLE FOR ANY INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES OR THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE SUNO PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE SUNO PARTIES’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100.00), OR THE AMOUNT YOU PAID THE SUNO PARTIES FOR THE SERVICES, IF ANY, IN THE PAST SIX (6) MONTHS GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- 6.3.3
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless the Suno Parties from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, your violation of these Terms, or your violation of any rights of another. Suno will provide notice to you of any such claim, suit, or proceeding. Suno reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Suno’s defense of such matter. You may not settle or compromise any claim against the Suno Parties without Suno's written consent.
- 6.4
You may, to the extent the Services expressly authorises you to do so, download our Tourbox Widget (“Widget”) (which is provided free of charge). You may use the Widget solely to the extent necessary to claim an artist page (solely for artists you represent) and upload tour dates for that artist. The Widget may have minimum system requirements for it to operate correctly. We, our affiliates, representatives and providers:
- 6.4.1
Do not guarantee that the Widget will distribute your tour dates to third parties;
- 6.4.2
Accept no responsibility for the integrity of the Widget or any data which you upload to the Services using the Widget;
- 6.4.3
Do not, to the fullest extent permitted by law, accept any responsibility for your use of the Widget or its impact on your or any other website or platform.
7. Ownership of information and materials
- 7.1
Unless we say otherwise in these Terms, we, our affiliates, licensors and providers own the information and materials made available through the Services. This includes any information or materials that we, our affiliates, representatives or third parties post to the Services. Such information and materials are protected by copyright, trademark, patent and/or other proprietary rights and laws around the world. All such rights are reserved.
- 7.2
Without prejudice to any other provisions in these Terms:
- 7.2.1
Save as may be expressly permitted by the Services (such as user functionality and in-built tools we may offer in the Services), you are strictly prohibited from transferring or making available to any other person any content on the Services, including but not limited to any audio or audio visual works (including artists’ music and videos);
- 7.2.2
You may not use our, or any of our affiliates’ trade names, trademarks and service marks in connection with any product or service that is not ours, or in any manner that is likely to cause confusion;
- 7.2.3
The respective rights holder(s) retain all ownership in the content and materials available (including audio) on or through the Services and do not grant you any ownership whatsoever, including but not limited to copyright, in such content and materials.
8. Content you post
- 8.1
The Services may contain forums and other areas where you and other users of our Services can post content including materials and information, including, without limitation, text, images, photos, graphics, music, videos, audio-visual works, data, files, links and other materials (“User Content”). Save as otherwise permitted by us, the posting of User Content is strictly subject to these Terms.
- 8.2
We want our Services to work for everyone, so if you see any content you believe does not comply with these Terms, the
Community Guidelines or the law, you can report it to us by emailing us at support@songkick.com.
- 8.3
Please keep in mind that User Content you post or share will be publicly accessible and may be used and re-shared by other users of our Services and across the web, so please always use caution in posting or sharing on our Services.
- 8.4
Nothing in these Terms should be read as permitting you to incorporate into any User Content, any material or information owned by us, our affiliates, artists, agents, representatives, licensors and service providers.
- 8.5
You are legally responsible for the User Content you post on or through the Services and your conduct, and for making sure this complies with local laws and regulations.
- 8.6
You are responsible for making sure you have (and pay for) any software, hardware or services (including internet connectivity) needed to use the Services and that these are working properly, with effective security.
- 8.7
You acknowledge that we have no obligation to consider unsolicited ideas, materials, proposals or suggestions you may submit in your User Content.
- 8.8
While you will continue to own any User Content that you post (i.e., this belongs to you and you keep your ownership rights after you post), you grant to us and our affiliates (in respect of each such piece of User Content) a world-wide, royalty free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable, and fully sub-licensable (through multiple tiers) licence, without additional consideration to you or any third party, to reproduce, distribute, modify, display and perform it in any format or media now known or hereafter developed, create derivative works from, and exercise all trademark, publicity and other proprietary rights for the purpose of operating, marketing and improving our services and promoting artists, their music and related activities.
- 8.9
You also grant each other user a worldwide, non-exclusive, royalty-free licence to access your User Content through the Services, and to use that User Content (including to reproduce, distribute, modify, display, and perform it) only as enabled by a feature of the Services.
- 8.10
You agree, represent and warrant that:
- 8.10.1
If any third party materials and information appear in your User Content, you have obtained express permission from all owners of, and rights holders, in such third party materials and to grant the rights granted in these Terms for your User Content; and
- 8.10.2
You have obtained the written permission of every identifiable individual who appears in any User Content that you post, to use such individual’s name and likeness or, if they are under 18, you have permission of their parent or guardian (which shall be provided to us on request).
- 8.11
User Content may include links to social media pages, video-sharing sites, bulletin boards and chat rooms. Links, materials and information within User Content have not been verified or approved by us. You acknowledge and agree that the views expressed by users in the User Content on our Services do not represent the views or values of us, our affiliates, artists, representatives and providers.
9. Removal of User Content
- 9.1
We reserve the right to remove or take down some or all of your User Content without notice to you, including if we reasonably believe that any such User Content:
- 9.1.1
- 9.1.2
Causes harm to us, our affiliates, artists, representatives and providers, including by way of derogatory comments or treatment; or
- 9.1.3
Puts (or is likely to put) us, our affiliates, artists, representatives or providers in breach (or potential breach) of laws or regulations; prejudices any investigation or the safety or security of our Services or other users or third parties; or exposes us or our affiliates or artists to the risk of liability.
- 9.2
We may use automated systems that analyse your User Content to help detect infringement and abuse, such as spam, malware, and illegal content.
10. Account suspension and termination
- 10.1
If any of the following happen, we may suspend or terminate your access to all or part of the Services:
- 10.1.1
We determine (acting reasonably) that you materially or repeatedly breach or have breached these Terms and/or the
Community Guidelines;
- 10.1.2
We are required to do so to comply with a legal requirement or court order;
- 10.1.3
We reasonably believe that your conduct creates liability or harm to any user, other third party, us, our affiliates or artists.
- 10.2
If you believe that your account may have been terminated or suspended in error, please email us at support@songkick.com.
- 10.3
You may stop using the Services at any time. If you wish to close your account, you may do so by following the instructions in the ‘account settings’ section. We will delete your account information generally, but shall retain certain information such as your user name, (which we retain to help avoid re-use), your profile image, and any events, images, or videos or Content that you have previously added to the Services, all of which will continue to be publicly attributed to your user name, as well as certain information for period of time for backup purposes.
11. How to contact us
If you have any questions regarding the meaning of these Terms or need support, please email support@songkick.com. Emails are not necessarily secure, so please do not include credit card information or other sensitive information in any email to us.
12. Rules for promotions
Any prize draws, sweepstakes, contests, competitions, raffles or other promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable Promotion rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
13. Changes to these Terms
Our Services are constantly evolving and we may change, modify, update or amend these Terms from time to time, including as needed to accurately reflect our services and practices, to promote a safe and secure user experience and/or to comply with applicable law. We may modify or discontinue all or part of the Services, charge, modify or waive fees required to use the Services, or offer opportunities to some or all users. We may notify you of such changes by such reasonable means as we determine, including by posting a revised version of these Terms. To the extent permitted by applicable law, your continued use of the Services after the date any such changes to these Terms become effective constitutes your acceptance of the modified Terms. You should periodically visit this page to review the current Terms so you are aware of any revisions.
14. App
- 14.1
You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the App. We do not guarantee that the App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the App or will be available in any particular geographic location. As part of the Services and to update you regarding the status of deliveries, you may receive push notifications, local client notifications, text messages, picture messages, alerts, emails or other types of messages directly sent to you in connection with the App (“Push Messages”). You acknowledge that, when you use the App, your wireless service provider may charge you fees for data, text messaging and/or other wireless access, including in connection with Push Messages. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device’s operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the App, including your receipt of Push Messages from Suno. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the App on your mobile device, including for your receipt of push messages from Suno.
- 14.2
The following terms and conditions apply to you only if you are using the App from the Apple App Store. To the extent the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the App from the Apple App Store. You acknowledge and agree that these Terms are solely between you and Suno, not Apple, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store’s applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms. You and Suno acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the App or your possession and/or use of the App, including, but not limited to: (a) product liability claims, (b) any claim that the App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and Suno acknowledge that, in the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Suno, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You must comply with applicable third party terms of agreement when using the App. You and Suno acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms as they relate to your use of the App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
15. Miscellaneous
- 15.1
Our agreement under these Terms does not create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and us or any of our affiliates, representatives and providers.
- 15.2
If any part of these Terms is found to be unenforceable, that part will not affect the validity and enforceability of any other part.
- 15.3
You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent.
- 15.4
No waiver by you or us of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default.
- 15.5
We may transfer our rights and obligations under these Terms to another organisation. We will use reasonable endeavours to inform you if this happens and in a way that the transfer will not materially affect your rights under the Terms.
- 15.6
Notices to you or about other matters may be made via posts to or via the Services, providing links, by e-mail or by regular mail, in our discretion.
- 15.7
If you do not comply with these Terms and we do not take action immediately, this does not mean that we are giving up any rights that we may have (such as the right to take action in the future).
- 15.8
Subject to Sections 14.2 and 15.9, nothing in these Terms, express or implied, is intended to confer, nor shall anything herein confer on, any person other than the parties to these Terms, and the respective successors or permitted assigns of such parties, any rights, remedies, obligations or liabilities.
- 15.9
You agree that we and our affiliates and our and their respective artists, representatives and providers who are content owners and service providers from whom we have obtained a licence or other rights to use their content and services (as applicable) in connection with the Services are third-party beneficiaries under these Terms with the right to enforce the provisions of these Terms that directly apply to such parties. Notwithstanding the immediately preceding sentence, our right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
- 15.10
If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
- 15.11
If your use of the Service ends, Sections 6 (Liability), 7 (Ownership of information and materials), 8 (Content you post), 9 (Removal of User Content), 13 (Changes to these Terms), 15 (Miscellaneous), 16 (Governing Law and Jurisdiction) and 17 (Dispute Resolution for Non-UK/EEA Users) will continue to apply. This includes the licences granted by you continuing in limited cases as described in Section 8.
16. Governing Law and Jurisdiction
If you reside in the UK/EEA: These Terms and any dispute or claim arising in connection with them shall be governed by the laws of England and Wales and both you and we can bring legal proceedings in connection with these Terms in the United Kingdom. However, if you are a consumer and your usual place of residence is in another country, you can also rely on the mandatory consumer protection rules that apply in your country of residence and this clause does not override the powers of a competent court in your usual country of residence to decide your claim or dispute if it has jurisdiction.
If you reside outside of the UK/EEA: These Terms and any dispute or claims arising in connection with them shall be governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth below, you and Suno submit to the personal and exclusive jurisdiction of the state and federal courts located within Massachusetts.
17. Dispute Resolution for Non-UK/EEA Users
If you reside outside of the UK/EEA, this Section 17 applies to you. PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
- 17.1
Agreement to Arbitrate. This Dispute Resolution by Binding Arbitration section is referred to in these Terms as the "Arbitration Agreement." You agree that any and all disputes or claims that have arisen or may arise between you and Suno, whether arising out of or relating to these Terms (including any alleged breach thereof) or the Service will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms, you and Suno are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
- 17.2
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND SUNO AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND SUNO AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
- 17.3
Pre-Arbitration Dispute Resolution. Suno is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at
support@songkick.com. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("
Notice"). The Notice to Suno should be sent to 17 Dunster Street, Floor 4, Cambridge, MA 02138 ("
Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Suno and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Suno may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Suno or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Suno is entitled.
- 17.4
Arbitration Procedures. Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Suno and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Suno agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
- 17.5
Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Suno or you under the AAA Rules, Suno and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Suno will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Suno will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.
- 17.6
Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- 17.7
Severability. If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms will continue to apply.
- 17.8
Future Changes to Arbitration Agreement. Notwithstanding any provision in these Terms to the contrary, Suno agrees that if it makes any future change to this Arbitration Agreement (other than a change to the Notice Address) while you are a user of the Service, you may reject any such change by sending Suno written notice within thirty (30) calendar days of the change to the Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Arbitration Agreement as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
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