Last updated: April 25, 2025
Welcome, and thank you for choosing Resonate Software Inc. ("Resonate," "we," "our," or "us"). These Terms of Service ("Terms") apply to your access and use of our AI-powered audio messaging services, software applications, websites, hosted platforms, downloadable applications, and other associated services (collectively, the "Services").
These Terms form a legally binding agreement between you ("you" or "user") and Resonate Software Inc., governing your use of our Services. These Terms also incorporate by reference our Privacy Policy, which outlines our practices for collecting and using your information.
BY CLICKING "I ACCEPT," REGISTERING AN ACCOUNT, OR BY DOWNLOADING, INSTALLING, ACCESSING, OR OTHERWISE USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS OR ARE NOT ELIGIBLE TO USE THE SERVICES, YOU MUST NOT ACCESS OR USE OUR SERVICES.
Your acceptance and use of the Services constitute your agreement to comply fully with these Terms.
These Terms include important provisions relating to dispute resolution, including an arbitration agreement, requiring the resolution of disputes through binding arbitration rather than in court.
Thank you for using Resonate. We look forward to enhancing your communication experience.
Eligibility. You must be at least 18 years old to use the Services. If your jurisdiction requires a higher minimum age to consent to the use of the Services, you must meet that requirement. By agreeing to these Terms, you represent and warrant that: (a) you meet the minimum age requirement of at least 18 years old, or the higher age required in your jurisdiction; (b) you have not previously been suspended or removed from the Services; and (c) your use of the Services complies with all applicable laws and regulations. If you are registering on behalf of an organization or entity, you represent and warrant that you have the authority to bind that entity to these Terms.
Registration. To access and use the Services, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must not share your account credentials or permit others to use your account. You agree to notify Resonate immediately if you suspect unauthorized access or compromise of your account.
You acknowledge and agree that the entire Resonate platform and all associated services, features, functionalities, applications, and related materials (collectively, the "Services") are provided as beta, experimental, pre-release, pilot, or otherwise not finalized versions. Your use of the Services is entirely at your own risk. The Services are provided strictly on an "as is" and "as available" basis, without any warranties, representations, or guarantees of any kind, express or implied. The Services may contain bugs, errors, inaccuracies, or other deficiencies and may be unreliable, incomplete, or unsuitable for any particular purpose.
During the beta period, you agree not to publicly share, post on social media, or otherwise publicly advertise your participation or experiences with the Services. Additionally, you agree not to share or disclose information about the Services with any competitors or entities that could reasonably be considered competitors.
Resonate expressly disclaims all warranties relating to the Services, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, reliability, security, or completeness. You understand and acknowledge that the Services are subject to frequent and substantial modifications, including termination or removal, without notice or liability. You agree that Resonate has no obligation to maintain, support, or update the Services or to provide any particular level of service availability or functionality.
Resonate shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, punitive, or any other damages arising from or related to your use or inability to use the Services, including loss of data, business interruption, loss of profits, or other economic losses, even if Resonate has been advised of the possibility of such damages.
By accessing or using the Services, you agree to fully assume all risks associated with their use and to indemnify, defend, and hold harmless Resonate from any claims, damages, losses, liabilities, and expenses arising from your use or reliance upon the Services.
You agree to use the Services solely in compliance with these Terms and all applicable laws and regulations, including export control laws. You must not engage in any harmful, abusive, or otherwise inappropriate behavior while accessing our Services, including but not limited to:
When using Resonate’s AI-driven functionalities, you further agree not to, and will not permit others to:
Resonate reserves the right, at its sole discretion, to address violations of these restrictions, including by removing content, suspending access, or terminating user accounts without prior notice.
You may provide input (including audio, text, graphics, video, or other materials) ("Input") to the Services, and the Services will generate output based on this Input ("Output"). Collectively, Input and Output are referred to as "Content."
Given the nature of artificial intelligence and machine learning, the Output from our Services may occasionally be inaccurate, incomplete, misleading, or contain errors. When using our Services, you acknowledge and agree:
Due to the inherent nature of generative AI technology, Output generated by the Services may not always be unique. You acknowledge that similar or identical Output may be generated for other users based on similar inputs. You have no rights to Output generated for or delivered to other users.
The Services may incorporate or utilize software, services, or content from third-party providers ("Third-Party Content"). Such Third-Party Content is governed by separate terms and conditions, and Resonate is not responsible or liable for such Third-Party Content.
Resonate and its affiliates retain all rights, title, and interest in and to the Services, including all related intellectual property rights. Except as expressly provided by these Terms, nothing herein grants you any right, title, or license to the intellectual property of Resonate. Use of Resonate’s name, logo, or trademarks is permitted only in compliance with Resonate’s brand guidelines.
Certain features of the Services may require payment through paid subscriptions or purchases (“Paid Services”). Resonate processes all payments exclusively via Apple’s in-app purchase system. By subscribing to any Paid Services, you authorize Apple to charge the payment method associated with your Apple ID account in accordance with Apple's billing policies. Payments will automatically renew periodically (e.g., monthly or annually) until you cancel.
Your Paid Services subscription will automatically renew unless you cancel it at least 24 hours before the end of the current billing period. You can manage or cancel your subscriptions through your Apple account settings.
Resonate reserves the right to change pricing for Paid Services at any time. If pricing changes, you will be notified at least 24 hours prior to the next billing cycle through in-app notifications or the email address associated with your Apple account. Continued use of the Paid Services after the price change becomes effective indicates your acceptance of the new pricing.
Access to premium Paid Services is not unlimited. Resonate may apply reasonable usage caps to ensure service quality, availability, and fair access to all subscribers. Usage limits will be communicated through the Services, and exceeding these limits may result in temporary suspension or restrictions until the next billing cycle.
If payment is unsuccessful due to an issue with your Apple account or payment method, Resonate may suspend or limit your access to Paid Services. If your subscription remains unpaid after reasonable attempts, your subscription may be canceled, and your access may be restricted or terminated.
Billing through Apple’s in-app purchases is governed by Apple’s terms and privacy policies. Resonate does not directly handle or store your payment information and is not responsible for any issues relating to Apple’s payment processing.
Subject to your full compliance with these Terms, Resonate grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely as permitted by these Terms.
Unless explicitly permitted by applicable law or expressly allowed in these Terms, you agree not to:
If applicable laws prohibit your use of the Services, you must refrain from accessing or using them.
Resonate is under no obligation to provide support services or technical assistance unless explicitly agreed upon separately. If we choose to offer support, it is provided at our sole discretion, and we may discontinue it at any time without notice or liability.
All rights, title, and interest in and to the Services, including all associated intellectual property rights, are owned by Resonate and its affiliates. Your use of the Services does not grant you any ownership or proprietary rights in the Services or the intellectual property therein. You may only use Resonate’s name, trademarks, and logos according to our established Brand Guidelines.
We appreciate any comments, suggestions, or other input you provide ("Feedback"). If you submit Feedback, you grant Resonate a perpetual, irrevocable, non-exclusive, royalty-free license to use, modify, reproduce, distribute, and otherwise exploit this Feedback without any obligation, including attribution, to you.
Resonate respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe that your copyright has been infringed by content on our Services, you may submit a notice of infringement by contacting our designated DMCA agent at legal@resonate.audio.
Your notice must meet DMCA requirements, including a description of the infringing content, your contact details, a statement of good-faith belief that the material is unauthorized, and your physical or electronic signature. We reserve the right to remove or disable infringing content and to terminate accounts of repeat infringers as permitted by law.
You may stop using the Services and terminate your account at any time. If you wish to terminate your account, you may do so by deleting your use account, if applicable, canceling any paid subscriptions through your Apple account settings.
Resonate reserves the right, at its sole discretion and without liability, to suspend or terminate your access to all or part of the Services, or to delete your account if:
Resonate may, at its sole discretion, modify, suspend, or discontinue all or part of the Services at any time. If we discontinue or significantly reduce the Services, we will provide reasonable advance notice. In such cases, if you have prepaid for any Paid Services, we will provide a refund or credit for the unused portion of your subscription as required by applicable law.
If you believe your account was suspended or terminated in error, please contact our support team to file an appeal.
Upon termination or expiration of your account:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANY OUTPUT OR CONTENT GENERATED OR PROVIDED BY RESONATE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. RESONATE EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. RESONATE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS SUCH AS VIRUSES OR MALWARE, NOR THAT ANY ERRORS OR ISSUES WILL BE CORRECTED.
You acknowledge that the Services rely on artificial intelligence and that outputs may occasionally be incorrect, incomplete, inaccurate, misleading, or unsuitable for your intended purpose. Resonate does not warrant the accuracy or reliability of any Outputs, and you agree to independently verify any important information derived from the Services.
Some jurisdictions may limit or prohibit these disclaimers; in such cases, they apply to the maximum extent permitted by applicable law.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RESONATE OR ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR PARTNERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE ARISING FROM OR RELATED TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY OUTPUTS GENERATED THROUGH THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF RESONATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF RESONATE AND ITS AFFILIATES FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES IS LIMITED TO THE GREATER OF: (A) THE AMOUNT PAID BY YOU TO RESONATE FOR ACCESS TO AND USE OF THE SERVICES IN THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
These limitations reflect the allocation of risk agreed upon by both parties and are essential terms of this agreement.
To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Resonate, its affiliates, officers, directors, employees, agents, and licensors from and against all claims, damages, losses, liabilities, costs, fines, awards, and expenses, including reasonable attorneys’ fees and costs, arising from or related to:
Resonate reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with Resonate in asserting any available defenses.
Resonate operates primarily from the United States. The Services may not be appropriate or available for use outside the United States or in jurisdictions where such use is prohibited by law. If you choose to access the Services from outside the United States, you do so at your own initiative and are responsible for compliance with local laws. Resonate disclaims all liability for unauthorized or unlawful use of the Services internationally.
By using the Services, you expressly consent to receiving electronic communications from Resonate, such as email notifications, in-app messages, and announcements related to your account or use of our Services. These electronic communications satisfy any legal requirement for written communications.
Resonate may provide integration with WhatsApp as part of our Services, allowing you to send messages and communications directly via WhatsApp. You acknowledge and agree that you must obtain explicit consent from each individual or entity before sending them any messages through the WhatsApp integration. It is your responsibility to ensure compliance with applicable laws, regulations, and WhatsApp’s own terms of service regarding message content and consent. Resonate is not responsible or liable for your failure to obtain proper consent or for any unauthorized use of the WhatsApp integration. Please use this integration responsibly and respect the privacy of others.
By agreeing to these Terms, you and Resonate ("the Parties") agree to resolve all claims arising out of or related to these Terms or your use of our services (the "Dispute"), regardless of when such claims arise or arose, exclusively through binding arbitration. You have the option to opt out of this arbitration clause within 30 days of creating your account or within 30 days after any updates to this arbitration clause take effect by providing written notice to legal@resonate.audio clearly indicating your intent to opt out. If you opt out following an update, the arbitration terms previously agreed to by you shall remain applicable.
Prior to initiating formal arbitration proceedings, the Parties agree to attempt to resolve the Dispute informally. You agree to notify Resonate in writing of your Dispute by emailing legal@resonate.audio. Resonate will respond by email to the address associated with your account. If the Parties are unable to reach an informal resolution within sixty (60) days from the date of the initial notice, either Party may commence arbitration proceedings. Upon request by either Party, an individual settlement conference must be attended by both Parties during the informal resolution period. Statutes of limitation will be tolled during this informal dispute resolution process.
Should informal resolution be unsuccessful, arbitration shall be administered by National Arbitration and Mediation ("NAM") under its Comprehensive Dispute Resolution Rules and Procedures and, where applicable, NAM’s Supplemental Rules for Mass Arbitration Filings, which are accessible at www.namadr.com. Resonate will not seek recovery of attorneys’ fees or costs in arbitration unless the arbitrator determines the claim filed is frivolous or filed for improper purpose. This agreement involves interstate commerce, and thus the interpretation and enforceability of this arbitration provision shall be governed exclusively by the Federal Arbitration Act ("FAA").
Arbitration proceedings shall take place via videoconference unless the arbitrator concludes that an in-person hearing is required. In such cases, hearings will be held in the county of your residence or at a mutually agreed location, unless batch arbitration procedures apply. Arbitration shall be conducted by a sole arbitrator, who will be either a retired judge or a licensed attorney in California. The arbitrator has the sole and exclusive authority to adjudicate the Dispute, except the state or federal courts located in San Francisco County, California, will retain authority to determine the enforceability of the class action waiver, validity of this arbitration agreement, and any requests for public injunctive relief as detailed below. Settlement offers must remain confidential and not be disclosed to the arbitrator until after issuance of a final arbitration award. The arbitrator may resolve claims through dispositive motions.
This arbitration provision does not apply to the following disputes: (1) individual claims brought in small claims court, and (2) actions seeking injunctive or equitable relief related to unauthorized use of Resonate’s services, intellectual property infringement, or misuse.
The Parties explicitly waive any right to pursue Disputes on a class, collective, consolidated, or representative basis. All arbitrations shall proceed solely on an individual basis. Class arbitrations, class actions, and representative actions are strictly prohibited. Should any Party request public injunctive relief, such request shall be severed from arbitration and litigated separately following arbitration of any underlying claim. Nothing herein shall prevent any Party from participating in a class-wide settlement. Each Party expressly waives any right to a trial by jury in any litigation or arbitration concerning a Dispute.
In instances where 25 or more individuals represented by similar counsel file arbitration claims asserting substantially similar Disputes within a 90-day period, the Parties agree that NAM shall administer these claims in groups ("Batches") of up to 50 claimants each, unless fewer claimants remain after batching. Each Batch shall be administered as a consolidated arbitration proceeding with one arbitrator, one set of fees, and a single hearing conducted either remotely or at a location selected by the arbitrator. Should any portion of these batch arbitration terms be found invalid or unenforceable, that portion shall be severed, and arbitration for the affected claimant or Batch shall proceed individually.
If any portion of this arbitration agreement is determined to be unlawful or unenforceable, the remaining provisions will remain in full effect. However, if a court determines that severing any portion of this arbitration agreement permits class arbitration or representative actions, the entire arbitration agreement shall become unenforceable and void.
You may not assign, delegate, or transfer any rights or obligations under these Terms without Resonate’s prior written consent. Any unauthorized assignment or transfer will be void. Resonate may freely assign or transfer its rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest, such as through acquisition, merger, or corporate reorganization.
Resonate may modify these Terms from time to time by posting an updated version on our website or within our Services. If a modification materially reduces your rights or significantly alters your obligations, we will notify you either by email, in-app notification, or a prominent notice within the Services. Such notice will indicate when the updated Terms become effective. For clarity, any claims or disputes will be resolved according to the Dispute Resolution provisions in effect at the time the claim or dispute is filed.
Your continued use of or access to our Services after modifications become effective constitutes your acceptance of the updated Terms. If you disagree with the modified Terms, you must immediately cease using the Services and cancel any active subscriptions or paid services.
Additionally, Resonate reserves the right to modify, suspend, or discontinue any part of the Services at any time, temporarily or permanently, with or without prior notice. Resonate will have no liability for modifications, suspension, or discontinuation of the Services, including loss of access to content or features.
You are encouraged to regularly review these Terms to remain informed about the most current terms.
If Resonate does not enforce a particular provision of these Terms, this does not waive our right to enforce it later. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain effective and enforceable to the fullest extent permitted by law, and the invalid provision will be modified to reflect the original intent as closely as possible.
You agree to comply with all applicable trade laws, including sanctions and export control regulations. You may not use, export, or re-export the Services to any country, region, entity, or individual restricted under applicable trade laws. Your Inputs must not contain information requiring government licenses for release or export under applicable laws.
These Terms constitute the entire agreement between you and Resonate regarding your use of the Services, superseding any prior or contemporaneous agreements, communications, or understandings between the parties relating to the Services.
These Terms are governed by the laws of the State of California, excluding its conflict-of-law principles. Except where arbitration or alternative dispute resolution is required, all disputes arising from these Terms shall be subject to the exclusive jurisdiction of the state or federal courts located in San Francisco, California.
Resonate respects intellectual property rights and complies with applicable laws, including the Digital Millennium Copyright Act (DMCA). We will respond to valid copyright infringement notices and reserve the right to remove or disable infringing content and terminate accounts for repeat infringers.
You are responsible for ensuring compliance with these Terms by any individual or entity you authorize to access or use the Services on your behalf ("Authorized Users"). Any breach of these Terms by your Authorized Users will be considered a breach by you. You must use reasonable efforts to inform Authorized Users of these Terms.
Resonate software inc.
A Deleware company.
40 Boardman Pl,
San Francisco, CA 94103