Terms of Use

1. Aviso Legal / Legal Notice

In compliance with Article 10 of Spain's Law 34/2002 on Information Society Services and Electronic Commerce (LSSI-CE):

• Owner: Ezequiel de la Parra
• NIF: 60394121P
• Address: C/ Fernando Poo 5, 3º Izq, 28045 Madrid, Spain
• Email: hello@notnoise.co
• Website: notnoise.co

2. Acceptance of Terms

By creating an account, accessing, or using NotNoise and its services (“Service”), you agree to be bound by these Terms of Use (“Terms”). If you do not agree, you may not use the Service. These Terms constitute a legally binding agreement between you and NotNoise. If you are using the Service on behalf of an organisation, you represent that you have authority to bind that organisation.

3. Service Description

NotNoise (notnoise.co) is a music marketing software platform designed to help independent artists, managers, and music industry professionals grow their audiences. The Service includes:

• Smart Links: Fan landing pages that aggregate streaming platform links, collect fan email addresses, and provide analytics on fan engagement.
• Smart Ads: Fully managed Meta/Facebook ad campaigns run by NotNoise on your behalf through our own Meta Business Manager infrastructure.
• Playlist Pitching: Submission of your music to independent playlist curators, with A&R-style feedback included.
• Music Stats: Multi-platform streaming analytics powered by Songstats data across major DSPs.
• AI Music Videos: Automated music video generation using AI. Powered by Sparks, our in-app credit system.
• Pre-save Campaigns: Allow fans to register intent to save or stream your release before its release date, with automatic conversion to a Smart Link on release date.
• Social Cards: AI-generated promotional social media graphics created from your artwork and release metadata.

4. Account Requirements

To use NotNoise, you must:

• Be at least 14 years of age. Users under 14 are not permitted to create accounts or use the Service.
• Provide accurate, current, and complete information when creating your account.
• Maintain only one active account per person. Multiple accounts are not permitted without express written approval from NotNoise.
• Keep your login credentials confidential. You are responsible for all activity under your account. Notify us immediately at hello@notnoise.co if you suspect unauthorised access.
• Not create an account if you have been previously suspended or terminated from the Service.

5. Service-Specific Terms

5.1 Smart Links

Smart Links are fan-facing landing pages hosted by NotNoise that display streaming links for your music releases and collect fan email addresses. When you enable fan email capture on a Smart Link, you act as the data controller for your fans' personal data, and NotNoise acts as your data processor under GDPR Article 28. By enabling this feature, you agree to the following data processing terms, which constitute the written agreement required by GDPR Article 28(3).

You are responsible for: (1) ensuring you have a valid legal basis to collect fan email addresses; (2) providing fans with an appropriate privacy notice at the point of collection; and (3) complying with applicable data protection laws in your jurisdiction.

• (a) Subject matter and duration: NotNoise will process fan email addresses and related submission data (name if collected; timestamp; Smart Link URL) for as long as your account remains active or until you disable fan email capture for that Smart Link, whichever comes first.
• (b) Nature and purpose: NotNoise stores fan emails in your dashboard for export only. Fan data is never used for NotNoise's own marketing or any purpose beyond providing this feature to you.
• (c) Data types and data subjects: Email addresses and any optional name fields submitted by fans (members of the public visiting your Smart Link).
• (d) Documented instructions: NotNoise processes fan data only as you configure via the Service. You may export or delete fan data at any time from your dashboard.
• (e) Confidentiality: NotNoise staff with access to fan data are subject to confidentiality obligations.
• (f) Security: NotNoise implements appropriate technical and organisational measures, including encryption at rest and in transit via Supabase.
• (g) Sub-processors: Fan email data is stored via Supabase. NotNoise will not engage additional sub-processors for fan data without informing you.
• (h) Data subject rights: NotNoise will assist you in responding to fan data subject requests (access, deletion, correction) within a reasonable timeframe. Fan deletions can be actioned from your dashboard.
• (i) Deletion on termination: On deletion of your account or Smart Link, NotNoise will delete associated fan data within 90 days.
• (j) Compliance: NotNoise will provide information reasonably necessary to demonstrate compliance with this Article 28 obligation upon written request.

5.2 Smart Ads

Smart Ads is a fully managed advertising service. NotNoise runs all campaigns entirely through its own Meta Business Manager infrastructure on your behalf. You do not connect your own Meta advertising account to NotNoise, and you are not required to have a Meta account.

When creating a Smart Ads campaign, you provide:

• The song or Smart Link you are promoting
• Ad creative: a video or image, or AI-generated creative produced within the platform
• Budget: between $99 and $3,000 USD
• Duration: between 7 and 28 days
• Target preferences: genre, geographic market, and audience interests

NotNoise submits the campaign to Meta via Meta's Marketing API. A platform fee is deducted from your campaign budget before submission:

• Free plan: 20% platform fee
• Pro plan: 15% platform fee
• Max and Team plans: 10% platform fee

You represent and warrant that you have all necessary rights to use and promote the music and creative content submitted. NotNoise does not guarantee campaign approval by Meta, any specific level of performance, or any streaming growth results. See Section 10.3 for the Smart Ads refund policy.

5.3 Playlist Pitching

The Playlist Pitching service submits your music to independent playlist curators within our network. Curator placements are at each curator's sole discretion; NotNoise does not guarantee placements on any specific playlist or any minimum number of placements. Submissions include A&R-style feedback from curators where available. See Section 10.2 for the Playlist Pitching refund policy.

5.4 Music Stats

Music Stats provides multi-platform streaming analytics by integrating with Songstats' data infrastructure. Analytics data reflects information available through the relevant platforms' APIs and may be subject to delays or discrepancies outside NotNoise's control. NotNoise does not guarantee the accuracy, completeness, or timeliness of streaming data.

5.5 AI Music Videos and Sparks

AI Music Videos are automatically generated video content created using AI models. AI Music Videos are powered by Sparks, NotNoise's in-app credit system (1 Spark = 1 AI Music Video generation). See Section 9.5 for the full Sparks terms, including purchase terms, non-refundability, and tier discounts.

5.6 Pre-save Campaigns

Pre-save campaigns allow your fans to register their intent to save or stream a release before its official release date. The system monitors the release using its UPC and/or ISRC identifiers and automatically converts the pre-save into a save or stream action on the fan's connected streaming service upon release. Pre-save pages automatically convert to standard Smart Links on the release date. Pre-save campaigns are gated to Pro plan and above. Fan pre-save data is processed under the performance of contract legal basis.

5.7 Social Cards

Social Cards are AI-generated promotional social media graphics created from your uploaded artwork, release metadata, and branding preferences. You must have all necessary rights to any artwork and metadata you provide. NotNoise grants you a non-exclusive, royalty-free licence to use the generated Social Cards for your own promotional purposes.

6. Acceptable Use and Prohibited Conduct

By using NotNoise, you agree not to:

• Upload or promote content for which you do not own or have the necessary rights, licences, or permissions, including music, artwork, videos, and samples.
• Use the Service to artificially inflate streaming counts, playlist followers, or any other metric through bots, click farms, automated tools, or any other fraudulent means.
• Impersonate any artist, manager, record label, or other person or entity.
• Submit music you do not own or control to Playlist Pitching campaigns.
• Create Smart Ads campaigns for content that violates Meta's advertising policies, applicable law, or third-party intellectual property rights.
• Attempt to circumvent, disable, or interfere with security features of the Service.
• Use the Service for any unlawful purpose, including copyright infringement, fraud, or money laundering.
• Sell, transfer, or sublicense your NotNoise account or Sparks credits to any third party.
• Reverse-engineer, decompile, or attempt to extract the source code of the platform.
• Use automated scraping, crawling, or data extraction tools against the platform.

Violation of these prohibitions may result in immediate suspension or termination of your account without refund.

7. Content and Intellectual Property Licence

7.1 Your Ownership

You retain full ownership of all content you upload or create on NotNoise, including your music, artwork, videos, metadata, and any other materials (“Your Content”). These Terms do not transfer any intellectual property rights from you to NotNoise.

7.2 Licence Grant to NotNoise

By uploading or submitting Your Content to NotNoise, you grant NotNoise a worldwide, non-exclusive, royalty-free, sublicensable licence to use, reproduce, display, distribute, and process Your Content solely for the purpose of providing the Service. This includes:

• Generating and hosting Smart Link landing pages displaying your artwork and streaming links
• Creating, submitting, and managing Smart Ads campaigns to Meta's Marketing API on your behalf
• Generating Social Cards and other promotional graphics from your artwork and release metadata
• Generating AI Music Videos from your provided content and parameters
• Distributing your music to playlist curators as part of Playlist Pitching submissions
• Displaying your music and performance data within the Music Stats dashboard

This licence is limited to the provision of the Service. NotNoise does not use Your Content to train AI models. This licence terminates when you delete Your Content from the platform or close your account, subject to any retention obligations described in our Privacy Policy.

8. NotNoise Intellectual Property

All rights, title, and interest in and to the NotNoise platform, including the website, application, algorithms, code, user interface, design, trademarks, trade names, logos, and proprietary technology (excluding Your Content), are and remain the exclusive property of NotNoise. You may not:

• Copy, modify, create derivative works of, or distribute any part of the platform
• Reverse-engineer, decompile, disassemble, or attempt to derive the source code
• Remove or alter any proprietary notices, watermarks, or labels
• Use NotNoise's trademarks, logos, or brand assets without prior written consent

9. Subscriptions and Billing

9.1 Subscription Plans

NotNoise offers subscription plans at various tiers. Current pricing, plan features, and tier details are available at notnoise.co/pricing. Plan pricing and features are subject to change with a minimum of 30 days advance notice to existing subscribers. Subscriptions are billed on a recurring monthly or annual basis via Stripe.

9.2 Cancellation

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period. You retain access to paid features until the end of the billing period for which you have paid. No partial refunds are issued for unused time within a billing period, except as provided in Sections 9.3 or 10.

9.3 30-Day Money-Back Guarantee

First-time NotNoise subscribers are eligible for a full refund of their first subscription payment under the following conditions:

• The guarantee applies to the first subscription purchase only. It does not apply to subsequent renewal charges or plan upgrades.
• Refund requests must be submitted to hello@notnoise.co within 30 days of the first subscription charge.
• The refund covers the subscription fee only. It does not apply to Playlist Pitching campaign fees, Smart Ads budgets, or Sparks purchases.
• Refunds are processed to the original payment method within 5-10 business days.

9.4 EU Right of Withdrawal

EU consumers have a statutory 14-day right of withdrawal from distance contracts under Directive 2011/83/EU. By clicking “Start subscription” or equivalent, you expressly request immediate performance of the subscription service and acknowledge that your right of withdrawal is lost once the service begins to be provided, in accordance with Article 16(m) of the Directive. Notwithstanding the above, you may still request a refund under the 30-day money-back guarantee in Section 9.3.

9.5 Sparks — In-App Credits

Sparks are NotNoise's in-app credit currency, used exclusively for AI Music Video generation. 1 Spark = 1 AI Music Video generation.

• Sparks are purchased via Stripe and credited to your account immediately upon successful payment.
• Spark purchases are non-refundable once credited to your account. They are digital goods consumed upon use.
• Exception: If an AI Music Video generation fails due to a platform error on NotNoise's side, the Spark used for that generation is automatically refunded to your account balance.
• Sparks do not expire. There is no time limit on using Sparks you have purchased.
• Sparks have no cash value and cannot be redeemed for money.
• Sparks are non-transferable between accounts.
• Subscription tier discounts apply: Pro subscribers receive 10% off the listed Spark price; Max and Team subscribers receive 20% off.

10. Refund Policy

10.1 Subscriptions

See Section 9.3 for the 30-day money-back guarantee applicable to first-time subscribers. Renewal charges and plan upgrades are non-refundable except as required by applicable consumer law.

10.2 Playlist Pitching

Playlist Pitching campaigns are eligible for a full refund only if the campaign achieves zero curator placements. If your campaign achieves at least one playlist placement, regardless of the total number or whether the outcome met your expectations, the campaign is not eligible for a refund. To request a refund, submit your request to hello@notnoise.co within 30 days of the campaign completion date, with your campaign ID and account email. NotNoise will verify placement results before processing any refund.

10.3 Smart Ads

Smart Ads refunds are determined based on the campaign's submission status at the time of the refund request:

• Before Meta submission — technical error on NotNoise's side: If your campaign has not yet been submitted to Meta due to a technical error attributable to NotNoise, you are eligible for a full refund.
• After Meta submission — campaign approved and running: Once NotNoise has submitted your campaign to Meta and Meta has approved and begun running it, no refund is available. The ad budget has been committed to Meta's platform and cannot be recovered.
• After Meta submission — campaign rejected by Meta: If Meta rejects your campaign after NotNoise has submitted it, you will receive either (a) account credit of the full amount for use on future NotNoise campaigns, or (b) a refund of the amount paid minus applicable payment processing fees, at NotNoise's discretion. We will contact you to confirm the resolution.
• Poor performance: No refunds are issued for campaign underperformance. Advertising results, including streams, followers, clicks, and conversions, are not guaranteed.

To request a Smart Ads refund, contact hello@notnoise.co within 7 days of the original payment date with your campaign ID and reason for the request.

10.4 Sparks

See Section 9.5. Spark purchases are non-refundable. Sparks are automatically refunded to your account balance in the event of a failed AI video generation caused by a platform error.

11. DMCA Notice and Takedown Procedure

NotNoise respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512.

Designated DMCA Agent: hello@notnoise.co

Filing a Takedown Notice

If you believe that content hosted on NotNoise infringes your copyright, send a written notification to our designated agent that includes all of the following (as required by 17 U.S.C. § 512(c)(3)):

1. A physical or electronic signature of the copyright owner or a person authorised to act on their behalf.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it (e.g., the URL of the relevant Smart Link or page).
4. Your contact information: name, address, telephone number, and email address.
5. A statement that you have a good-faith belief that the use of the material is not authorised by the copyright owner, its agent, or the law.
6. A statement that the information is accurate, and under penalty of perjury, that you are authorised to act on behalf of the copyright owner.

Counter-Notification Procedure

If you believe that content you uploaded was removed by mistake or misidentification, you may submit a counter-notification to hello@notnoise.co that includes: your physical or electronic signature; identification of the removed material and its location before removal; a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake; your name, address, telephone number, and email address; and a statement that you consent to the jurisdiction of the applicable federal court and will accept service of process from the original complainant.

Repeat Infringer Policy

NotNoise has a policy of terminating the accounts of users who are repeat infringers of copyright. In appropriate circumstances, NotNoise will terminate without notice the accounts of users who repeatedly infringe the intellectual property rights of others.

12. Third-Party Services

The Service integrates with or links to third-party services including Meta/Facebook, Spotify, Apple Music, YouTube, TikTok, Amazon Music, and others. Your use of those services is governed by their respective terms of service and privacy policies, over which NotNoise has no control. NotNoise is not responsible for the availability, accuracy, or practices of any third-party service.

13. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTNOISE EXPRESSLY DISCLAIMS:

• Any guarantee of playlist placements from Playlist Pitching submissions. Placement decisions are made entirely at the independent discretion of curators.
• Any guarantee of Meta campaign approval. Meta may reject campaigns for any reason and at any time.
• Any guarantee of advertising performance, including streams, saves, followers, clicks, conversions, or revenue.
• Any guarantee of streaming growth or chart performance resulting from use of the Service.
• Any implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Nothing in this section affects mandatory consumer protections that cannot be excluded under applicable law in your jurisdiction.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTNOISE'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO NOTNOISE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

NOTNOISE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

These limitations do not apply to: (a) liability for death or personal injury caused by NotNoise's negligence; (b) liability for fraud or fraudulent misrepresentation; (c) any other liability that cannot be excluded under applicable law. EU consumers retain all mandatory consumer protection rights.

15. Indemnification

You agree to indemnify, defend, and hold harmless NotNoise and its officers, agents, and employees from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from: (a) your use of the Service in violation of these Terms; (b) Your Content, including any claim that it infringes any third-party intellectual property right; (c) your violation of any applicable law; or (d) your misrepresentation of any rights you hold in content you submit.

16. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Spain. Any disputes shall be subject to the exclusive jurisdiction of the courts of Madrid, Spain.

EU consumers: Nothing in these Terms deprives you of the protection afforded by the mandatory consumer protection laws of your country of residence. You may bring a claim before the courts of your country of habitual residence. The European Commission's Online Dispute Resolution platform is available at ec.europa.eu/consumers/odr.

17. Changes to These Terms

NotNoise reserves the right to modify these Terms at any time. When we make material changes, we will notify you by email and/or by a prominent notice on the platform at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms.

18. Contact

For questions about these Terms of Use:

• Email: hello@notnoise.co
• Postal address: Ezequiel de la Parra, C/ Fernando Poo 5, 3º Izq, 28045 Madrid, Spain

By using NotNoise, you confirm that you have read, understood, and agree to these Terms, our Privacy Policy, and our Cookies Policy.