Our music is licensed through Epidemic Sound. As a client, our agreement with them is extended to your account as stated below.

Commercial Subscription Music License

1  Parties

1.1 The terms set forth in this Commercial Plan Music License Subscription (this “Agreement”) apply to your use of the Subscription provided by Epidemic Sound AB (Åsögatan 121, 116 24 Stockholm, Sweden) (“Epidemic Sound”).

1.2 By clicking “I agree”, or otherwise signifying your acceptance of these terms and conditions, you are agreeing to be legally bound by this Agreement, the General Terms and Conditions, the Cookie Policy, and the Privacy Policy, all of which are available through the Epidemic Sound Online Player website and incorporated herein by reference. You warrant that you are of legal age and are authorized to enter into this Agreement. If you are signing up for the Subscription, or accessing or using the Epidemic Sound Online Player, in connection with your employment, you hereby represent to us that you are authorized to and hereby do bind your company/employer to this Agreement, and any references herein to “you” and “your” will refer to both you and your company/employer, as applicable.

2  Definitions

2.1 In this Agreement the following words and expressions shall have the following meanings: “Epidemic Sound Online Player” means the website provided by Epidemic Sound, currently with the URL address https://www.epidemicsound.com offering you access to search for, listen to and download the Music Pieces. “Music Piece” means each and every sound recording contained in the Epidemic Sound music catalogue in the Epidemic Sound Online Player from time to time. “Subscription” means the commercial plan of the music license subscription offered by Epidemic Sound, including access to the Epidemic Sound Online Player and the right to use the Music Pieces in accordance with the terms set forth in this Agreement.

3  License grant and restrictions

3.1 Subject to the terms and conditions of this Agreement, Epidemic Sound hereby grants to you;

(a) for the term of this Agreement, the right to access the Epidemic Sound music catalogue in the Epidemic Sound Online Player, to make copies of the Music Pieces in order to synchronize them, in whole or in part, in audiovisual and podcast productions produced by or on behalf of yourself (the “Customer Productions”); and

(b) for the term of this Agreement and in perpetuity the right to make any Customer Production containing any Music Piece available worldwide on any and all online channels and platforms provided that the Customer Production is completed during the term of this Agreement.

3.2 You may sub-license the rights granted to you under Section 3.1 (a) to independent production companies for the purpose of making Customer Productions on your behalf. For the avoidance of doubt, any such sub-licenses may only be granted during, and be valid for, the term of this Agreement. You remain responsible, as for your own debt, for any such sub-licensees’ use of the music catalogue and the Music Pieces.

3.3 You may sub-license the rights granted to you under Section 3.1 (b) above, i.e. the right to make available Customer Productions, to third parties (provided for the sake of clarity that the Customer Production is completed during the term of this Agreement).

3.4 This Subscription is intended to cover most commercial use cases. However, the following use cases are NOT covered by this Agreement (for which use cases you can click here to request a custom license).

  1. You may not use any Music Pieces under this Subscription if you are (or you form part of an undertaking that is):

    a. a private or publicly held company with an actual or perceived market cap (market value) of at least one (1) billion US dollars; or

    b. a major publisher, meaning that you have an annual turnover of over USD ten million and/or you publish more than five titles. Publishers include without limitation digital publishers, podcast publishers, video game publishers, broadcasters, and similar media companies.

    Not sure if the above is you? Click here and we will help you find out.

  2. You may not distribute any Customer Productions incorporating Music Pieces via:

    a. linear television (e.g. broadcast, IPTV, cablecast, or satellite television) or as theatrical releases; or

    b. commercial streaming (and/or download) services (e.g. Netflix, iTunes, Hulu, Facebook Watch, fitness or wellbeing VOD services, and similar OTT, AVOD, FVOD and SVOD services). For the avoidance of doubt, you are free to upload the Customer Productions to social media and video sharing platforms such as YouTube, Facebook, Instagram, Twitch or Vimeo.

  3. You may not use any Music Pieces under this Agreement:

    a. in TV shows, TV ads, feature films, theme songs for scripted content, or incorporated into a logo, trademark or service mark;

    b. on a standalone basis including without limitation that the Music Pieces may not be repackaged (in whole or in part) as for example audio samples, sound libraries, sound effects, or music beds, nor combined with a single still image or limited animation where the production is essentially tantamount to use of the Music Pieces on a standalone basis, meaning uses where complete or almost complete Music Pieces are used and where any accompanying visuals are of a subordinate importance (you can read more in the FAQ here);

    c. in any way that is intended to allow third parties to download and/or otherwise access or use the Music Pieces on a standalone basis, including without limitation in any digital templates or other applications enabling end users to synchronize or otherwise combine the Music Pieces with other content, or in any manner enabling users to create or order on-demand products (such as electronic greeting cards or ringtones) or make the Music Pieces available in any physical products (e.g. in speakers); or

    d. in connection with any material or otherwise in a manner or context that is defamatory, illegal or inciteful of an illegal act; immoral; racist; hateful or discriminating against any person based on for example race, nationality, religion, ethnic identity, gender, gender identity or sexual orientation; constitutes encouragement of violence or use of weapons; pornographic; or in a manner or context that otherwise violates any rights of anyone associated with the Music Pieces. You shall comply with any applicable laws and regulations. Moreover, you may not use the Music Pieces in connection with sensitive subjects without the prior written consent of Epidemic Sound. Sensitive subjects include, but are not limited to, political content, such as the promotion, advertisement or endorsement of any party, candidate or elected official; and “adult videos” and promotion of adult entertainment venues, escort services, or the like.

3.5 The subscription only covers use by one individual person (but you can click here to request a custom license if you need more seats). If we have concrete reasons to believe that more than one person is using the same account, we reserve the right to either (i) immediately terminate the account, without refunding any prepaid fees, or (ii) with retroactive effect assess additional fees to you calculated in each instance on the then-current per-user pricing of the Subscription for each additional user.

3.6 You may not change the Music Pieces but may cut and/or loop them as required for inclusion in the Customer Productions. All rights and licenses granted hereunder are non-exclusive, non-transferable and non-assignable and may not be sub-licensed other than as expressly permitted under this Agreement. You may only use the Music Pieces in accordance with the rights and licenses granted under this Agreement.

4  Monetization

4.1 Subject to your compliance with this Agreement, you may allow, and receive remuneration from, the display of third-party ads in connection with making available your Customer Productions on social media platforms such as YouTube offering such possibilities (i.e. monetize). You are responsible for registering the Customer Productions and/or relevant social media channels with Epidemic Sound, in accordance with the instructions that Epidemic Sound provides from time to time (“whitelisting”).

4.2 You may whitelist one channel per social media platform. If you want to whitelist several channels on the same platform, you will need a subscription for each channel. In addition to whitelisting your channels, you may whitelist a limited amount of video URLs outside of your own channels (e.g. Customer Productions posted on your end clients’ channels).

4.3 Epidemic Sound monetizes unlicensed use of the Music Pieces on YouTube and/or other platforms. Without correct whitelisting, Epidemic Sound is unable to tell a licensed Customer Production from unlicensed use, and thus reserves the right to monetize any Customer Productions containing Music Pieces that are not correctly whitelisted. Should a Customer Production licensed under this Agreement be monetized or otherwise receive a claim from Epidemic Sound, you may notify Epidemic Sound at copyright@epidemicsound.com and Epidemic Sound will discontinue such monetization/release the claim without undue delay. Epidemic Sound will have no responsibility, and will not reimburse you, for any monetization of Customer Productions by Epidemic Sound for any period prior to such Customer Productions having been correctly whitelisted.

5  Payment

5.1 For the rights granted herein you will be charged a subscription fee at the beginning of each Subscription Period (as defined in Section 6.1 below), in the amount stated in the subscription section on the Epidemic Sound website. The subscription fee constitutes a fixed sum and no additional fees will be owed by you in relation to your permitted use of the rights granted herein to (i) Epidemic Sound, (ii) any composer, performer, producer or other person involved in the creation of the Music Pieces or (iii) any collecting society except where the collection is exclusively delegated to such society by local statute, irrespective of the membership of, or any contractual mandate from, any of the composers, performers or other rights holders in the Music Pieces.

5.2 If you provide a VAT number and applies a VAT reverse charge on a purchase and the VAT number is invalid or non-applicable, Epidemic Sound has the right to credit you and to issue a new invoice with a correct VAT charge, for which you will be obliged to pay.

5.3 Epidemic Sound may change the subscription fee from time to time and will communicate any such changes to you in advance. Price changes will take effect no earlier than at the start of the Subscription Period following the date of the change. If you do not accept the price change, you may terminate your Subscription at any time prior to such price change.

6  Term and termination

6.1 This Agreement shall enter into force upon your acceptance of the terms set forth herein and will be automatically prolonged for periods of either one (1) month or twelve (12) months depending on your chosen payment plan (each such period constitutes a “Subscription Period”) until terminated by you or by Epidemic Sound prior to the end of the then-current Subscription Period.

6.2 Epidemic Sound has the right to terminate your Subscription and this Agreement and to suspend your access to the Epidemic Sound Online Player at any time in the event of your actual or suspected unauthorised use of the Music Pieces or non-compliance with the provisions set forth in this Agreement.

6.3 To the fullest extent permitted under applicable law and except as otherwise stated herein, you agree that Epidemic Sound will have no liability or responsibility to you and that Epidemic Sound will not refund any amounts that you have already paid if you terminate this Agreement or if Epidemic Sound terminates this Agreement or suspends your access to the Epidemic Sound Online Player in accordance with the provisions herein.

6.4 After termination of this Agreement has taken effect, you are no longer entitled to use and access the music catalogue and shall return to Epidemic Sound, or otherwise destroy or remove from any storage, any and all copies of the music catalogue and the Music Pieces contained therein.

6.5 For clarity and subject to your compliance with the terms herein, you may continue to distribute Customer Productions in accordance with Section 3.1 (b).

7  Ownership and intellectual property rights

7.1 Epidemic Sound holds all copyrights and neighbouring rights in and to the music catalogue and is the sole rights holder in respect of the Music Pieces.

7.2 You hereby acknowledge that you do not acquire any proprietary rights as a result of this Agreement in relation to any Music Pieces. The Music Pieces are the sole property of Epidemic Sound.

8  Trademarks and credits

8.1 Neither party is granted any right or interest in or to the trademarks, brands or trade names of the other party. Neither party may use the other party’s trademarks, brands or trade names without the prior written consent of the other party.

8.2 If any Music Piece is used in a Customer Production, in which credits are provided for other music or content providers, to the extent reasonably possible, credit shall be accorded in a form comparable to such credit(s). Credits substantially similar in form and substance to the following are acceptable: "Artist's Name / Title of Music Pieces / courtesy of www.epidemicsound.com”. The above credit will, if possible, be displayed as a hyperlink to www.epidemicsound.com.

9  Liability

9.1 Subject to the liability limitations set forth below, each of the parties will be liable for any direct damages incurred by the non-breaching party as a result of the breaching party’s breach and/or failure to perform its obligations under the Agreement.

9.2 EXCEPT AS NOTED BELOW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS.

9.3 IN NO CASE WILL EPIDEMIC SOUND BE LIABLE TO YOU FOR DAMAGES THAT CORRESPOND TO A HIGHER VALUE THAN ALL LICENSE FEE AMOUNTS RECEIVED BY EPIDEMIC SOUND FROM YOU UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME SUCH DAMAGE AROSE.

9.4 The above limitations of liability do not apply with respect to damage occasioned by fraud, wilful misconduct, or gross negligence of a party.

10  Disclaimers

10.1 You acknowledge and agree that the epidemic sound online player is provided ”as is” and Epidemic Sound disclaims all warranties express or implied, including but not limited to (a) implied warranties of merchantability or fitness for a particular purpose; (b) warranties as to the quality or performance of the materials, information, goods, services, technology and/or content provided under or in connection with this agreement, including but not limited to any limitations on user access to or use of content; and (c) warranties as to the performance of computers, technology and/or networks.

10.2 If you connect your account to a third-party application, we may automatically share your activity and activity-related stories with that service, including the content you consume. You understand and agree that such information may be attributed to your account on the third-party application and may be published on such service. You understand and agree that a third party application’s use of information collected from you (or as authorized by you) is governed by the third party application’s privacy policies and your settings on the relevant service, and our use of such information is governed by our privacy policy and your account settings.

11  Assignment

You may not wholly or partially assign or pledge any of its rights and/or obligations under this Agreement without Epidemic Sound’s prior written consent. Epidemic Sound may transfer this Agreement and/or wholly or partially assign or pledge any of its rights and/or obligations under this Agreement to any third party provided that such third party agrees to be bound to this Agreement.

12  Severability

If one or more of the provisions contained in this Agreement is found to be invalid, illegal or unenforceable in any respect under applicable mandatory law, the validity, legality and enforceability of the remaining provisions shall not be affected. Such severed provisions shall be revised only to the extent necessary to make them enforceable.

13  Amendments

Occasionally Epidemic Sound may, in its discretion, make amendments to this Agreement. If Epidemic Sound makes amendments to this Agreement that Epidemic Sound deems material for you, Epidemic Sound will notify you through the website. By continuing to use the Epidemic Sound Online Player after changes to this Agreement have been made you are expressing and acknowledging your acceptance of the changes.

14  Applicable law

This Agreement shall be governed by and construed in accordance with the laws of Sweden, without regard its principles of conflicts of law.

15  Dispute resolution

Any dispute, controversy or claim arising out of or relating to this Agreement or the breach, termination or invalidity thereof shall be finally settled by a public court with the Stockholm district court as the court of first instance.

16  International issues

You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement or to any sale of goods carried out as a result of your use of the services offered hereunder. Software related to or made available by the services offered hereunder may be subject to export controls, and, except as authorized by law, you agree and warrant not to export or re-export the software to any country, or to any person, entity, or end-user subject to export controls or sanctions.