1. Who is who
- Sondable, we, us: ViewVision, trading as Sondable, KVK 74861743, located at De Pinguin 32, 7609 TM Almelo, the Netherlands.
- You, the Client: the business that enters into an agreement with us for the use of Sondable. Sondable is intended for business use only. You declare that you act in the course of a profession or business.
- The Service: the Sondable software, available at app.sondable.com, including the connections, AI features and everything we add to it later.
- Agency: the environment in the Service in which you and your team work. An Agency contains one or more Workspaces.
- Workspace: the environment for one client or brand of yours, with its own connected accounts, pipeline and settings.
- User: everyone who logs in with an account of your Agency.
- Connected account: a social media account (currently Instagram and TikTok; other platforms once the Service supports them) or an external system (CRM, calendar, payment provider) that a User connected to a Workspace.
- Client data: everything that enters the Service through your Agency: data from Instagram and TikTok, comments, messages, leads, appointments, payments, notes, media files, and what the Service derives from them.
- Agreement: the arrangement between you and us about the use of the Service, consisting of your order or the offer you accepted, these terms, the privacy policy and the data processing agreement.
2. Applicability
- These terms apply to every offer, every order and every use of the Service.
- Your own purchasing or other terms do not apply, even if you refer to them.
- Deviations only apply if we agreed on them in writing (email counts). Founding members may have different arrangements about price and term; those are in the offer you accepted and take precedence over these terms on those points.
- If these terms and the data processing agreement contradict each other about the processing of personal data, the data processing agreement prevails.
3. The Agreement and your account
- The Agreement is concluded when you accept an offer from us, or when you activate an account and start using the Service, whichever happens first.
- You get an Agency with the number of Workspaces that belongs to your plan. You invite Users yourself and decide their role yourself.
- You are responsible for everything that happens with accounts of your Agency. Keep login details secret, use strong passwords, and remove Users who should no longer have access. If you suspect misuse, report it immediately.
- The details you give when creating your account and for billing must be correct. Keep them up to date.
4. What the Service does, and what it depends on
- The Service fetches data from Connected accounts, stores it, and turns it into analyses, overviews and proposals. What exactly comes in per connection and what does not is shown in the app on the connection screen. That is the promise we make; no more and no less.
- The Service depends on third parties. Data from a social media account comes through that platform's API (for Instagram: Meta; for TikTok: TikTok). CRM, calendar and payment data comes through the API of the provider you connect. We have no influence on the availability, content or terms of those APIs. If a third party changes something, or withdraws access, we do our best to absorb that, but we cannot guarantee that every feature keeps working as it did.
- Measurements are what the platform returns. What comes in per platform is shown in the app. Instagram documents that figures can be delayed by up to 48 hours and adjusted afterwards. We keep every measurement as we received it and correct nothing retroactively. A curve that goes down is therefore data, not an error.
- A curve only exists if it was measured. For Reels published before the connection, or during a period in which the connection was not active, the Service cannot reconstruct the course. That is not a defect of the Service.
- We take on an obligation of effort, not an obligation of result. Sondable helps you better determine which content works; we cannot promise more reach, more leads or more revenue.
- We keep developing the Service. We may add, change or drop features. If a feature you demonstrably use is dropped, we announce that at least 30 days in advance. Features marked as trial or beta can change or disappear without notice.
5. How you may use the Service
- You only connect accounts and systems you own, or for which you demonstrably have the owner's permission. If you connect the account of a client of yours, you make sure that client knows what Sondable does and agrees to it.
- You comply with the terms of the platforms and systems you connect, including Meta's Platform Terms and Developer Policies, Instagram's terms of use, and TikTok's terms and guidelines. If your account is blocked by Meta, TikTok or another provider, that is your risk.
- Replies to comments and messages sent from the Service are your messages. You check them before you approve them, and you are responsible for the content and for the legal basis on which you may contact someone. The same applies to posts the Service publishes on a Connected account at your request: you approve them and you are responsible for what is published.
- You do not use the Service to send spam, to mislead people, to collect data about persons who gave no reason for it, or for anything else that violates the law or the rights of others.
- You do not try to circumvent the security, overload the Service, reverse engineer the source code, or use the Service to build a competing product.
- AI features have a usage limit per plan. That limit is shown in the app. If you exceed it, we ask you to upgrade; until then AI features may stop temporarily. We do not shut down the Service itself for that reason.
- If you breach this article, we may suspend your access immediately. We report that and give you the opportunity to put it right, unless the misuse is so serious that waiting is not reasonable.
6. AI features
- The Service uses AI models from third parties (currently Anthropic for text and images, and Deepgram or ElevenLabs for transcription) to classify Reels, make transcripts, formulate insights, suggest replies, and write ideas and scripts.
- AI output is a proposal. A tag, an insight, a draft text or a reply suggestion can be incorrect, incomplete or inappropriate. You assess the output before you act on it or publish it. We are not liable for decisions you make based on AI output.
- We only send AI services what the feature needs. Which data that is, is stated in the privacy policy. Under their business terms our AI providers do not use that data to train models.
- You do not use AI output to mislead others about who wrote the text where that is legally or contractually relevant, and you follow the rules of the platforms where you publish the output.
7. Prices and payment
- The price is in the offer you accepted or on sondable.com. Prices are per month, per Workspace or per Agency as stated in the plan, and exclusive of VAT.
- You pay monthly in advance, through the payment method in the app or by invoice with a payment term of 14 days. For annual arrangements the payment method is in the offer.
- We may change prices. We announce that at least 30 days in advance. If you do not want to pay the new price, you may terminate as of the date the change takes effect. For founding members the price from their offer applies for the period stated in it.
- If you do not pay on time, we send a reminder with a term of 14 days. If payment still does not follow, we may suspend your access until you have paid, and the statutory commercial interest and reasonable collection costs are due. Suspension does not release you from the obligation to pay.
- You object to an invoice within 14 days of the invoice date. After that the invoice counts as accepted.
8. Term and termination
- The Agreement runs per month and is tacitly renewed by one month each time, unless your offer states a different term.
- You can terminate up to the last day of the current period, in the app or by email. The termination takes effect at the end of that period. You get no refund for the current period, except in the cases in paragraph 5.
- We can terminate with a notice period of one month.
- Either party can end the Agreement immediately if the other does not fulfil a material obligation and does not remedy it within 14 days after a written warning, or if the other goes bankrupt, applies for a suspension of payments or ceases its business.
- If you cannot use a core feature of the Service (measuring your content on a connected social media account) for more than 30 consecutive days due to a cause outside your control, you may terminate immediately. We refund amounts paid in advance for the remaining period pro rata. This is your only claim in that case.
- After termination you have 30 days to export your Client data in a common format. After that we delete your Agency with everything in it within 30 days, and from backups within 90 days. What we have to keep longer to comply with the law (invoices), we keep as long as the law requires.
9. Client data and privacy
- Client data is and remains yours. You give us the right to process it as far as needed to deliver, secure and improve the Service within your Agency.
- For the personal data in your Client data you are the controller and we are the processor. The arrangements about that are in the data processing agreement, which is part of the Agreement. You provide a valid legal basis, you inform the people concerned (your clients, their followers, your leads), and you handle their requests. We help with that.
- Our privacy policy at sondable.com/privacy says which data we process, where it is stored, which parties we use and how long we keep it. That policy is part of the Agreement.
- To deliver the Service we use other parties (sub-processors), such as a hosting party, an email service and AI providers. The current list is in the privacy policy. If we add a party that processes your Client data, we notify you at least 30 days in advance. If you have a reasonable objection, we consult; if we cannot agree, you may terminate as of the date the change takes effect.
- We may use data about the use of the Service, stripped of everything that can be traced to you, your clients or their followers, in aggregated form to improve the Service and to make benchmarks. A benchmark never names an Agency, Workspace, account or person.
- We secure the Service as stated in the privacy policy. We report a data breach that affects your Client data to you without undue delay, with what we know and what we are doing.
- We only look inside your Agency when that is needed for support, for fixing an outage, or to investigate misuse, and we record that in the log.
10. Intellectual property
- All rights to the Service, the software, the design, the documentation and the name Sondable belong to us or our licensors. You get a non-exclusive, non-transferable right to use the Service as long as the Agreement runs.
- All rights to your Client data and your content remain yours.
- If you give us feedback or ideas about the Service, we may use them freely without payment and without obligation.
- You may freely use AI output the Service makes for you. We do not guarantee that this output is unique or that no third-party rights rest on it.
11. Availability, maintenance and support
- We do our best to keep the Service available without interruption, but we do not guarantee an availability percentage.
- We do planned maintenance outside Dutch office hours as much as possible, and announce it if it takes longer than an hour. Emergency maintenance can happen without notice.
- Measuring rounds run on a fixed schedule. A round missed because of maintenance, an outage or a restriction at Meta or TikTok we make up where possible; a checkpoint that was not measured because of it cannot be reconstructed.
- We give support by email on working days. We aim for a first response within one working day.
- We make daily backups of the database and the media vault and periodically test that they can be restored. A backup is a safety net for us, not an archive for you: keep what you do not want to lose yourself as well.
12. Liability
- Our liability for damage arising from or in connection with the Agreement is limited, per event or series of related events, to the amount you paid us in the 12 months before the event that caused the damage.
- We are not liable for indirect damage, including lost revenue or profit, missed savings, reputational damage, damage from business interruption, or damage from decisions you made based on data or AI output from the Service.
- We are not liable for damage caused by Meta, TikTok or another provider changing or withdrawing its API, terms or access, or by a Connected account being blocked.
- We are not liable for loss of Client data, unless that loss results from breaching our backup obligation in article 11 paragraph 5.
- The limitations in this article do not apply in case of intent or deliberate recklessness on our part.
- A claim lapses if you have not reported it to us in writing within 12 months after you became aware of the damage.
13. Indemnity
You indemnify us against claims of third parties, including your clients, their followers, your leads, and the providers of Connected accounts, arising from your use of the Service in breach of the Agreement or the law, from the content of messages you send through the Service, or from connecting an account without the required permission.
14. Force majeure
If we cannot perform due to a cause outside our control (an outage at a hosting party or API provider, power or network failure, a cyber attack despite reasonable security, government measures), we are not liable and may suspend our obligations. If the force majeure lasts longer than 60 days, either party may end the Agreement, without compensation, with a pro rata refund of what was paid in advance.
15. Confidentiality
What you learn about our Service that is not public (price arrangements, roadmap, technical workings), you keep confidential. What we learn about your business and your Client data, we keep confidential. This applies during the Agreement and for three years after, and not to information you demonstrably already had, that becomes public without breach of this arrangement, or that the law obliges you to share.
16. Changes to these terms
We may change these terms. We announce a change at least 30 days in advance by email or in the app. If you do not agree with it, you can terminate as of the date the change takes effect. If you use the Service after that date, the new version applies. Small changes that do not affect your position (spelling, references, new features without consequences for your rights) can be made without notice.
17. Miscellaneous
- The Agreement is governed by Dutch law.
- We first put disputes to each other. If we cannot resolve them within 30 days, the court of Overijssel (rechtbank Overijssel) has jurisdiction.
- We may transfer our rights and obligations under the Agreement to a legal successor or to an entity in which we place the Service. We announce that. You may only transfer the Agreement with our written permission.
- If a provision of these terms is invalid, the rest remains in force and we replace the invalid provision with a valid one that comes as close as possible to its intent.
- Where these terms say "in writing", email also counts.
ViewVision, trading as Sondable
De Pinguin 32, 7609 TM Almelo, the Netherlands
KVK 74861743, VAT number NL002420052B82
hallo@sondable.com