CUSTOM SOUND DESIGN
License & Terms of Use
These terms govern the creation, delivery, and use of custom sound design, ambient music, soundscapes, and original audio compositions provided by Tim Norton Soma Quest.
By purchasing, commissioning, or using the delivered audio, the Client agrees to the following terms.
1. License Grant & Permitted Uses
Upon receipt of full payment, the Sound Designer grants the Client a license to use the commissioned audio for personal and commercial purposes, subject to the restrictions outlined in this agreement.
Permitted uses include, but are not limited to:
Film & Video: Films, documentaries, short films, video productions, online videos, and other audiovisual media.
Digital Products & Applications: Mobile applications, software, video games, websites, and digital experiences.
Wellness & Therapeutic Experiences: Meditation, breathwork, yoga, somatic practices, sound therapy, relaxation, and other wellness-related programs.
Education & Instruction: Online courses, workshops, classes, training programs, guided practices, and educational materials.
Commercial & Promotional Projects: Advertisements, branded content, marketing materials, presentations, and other commercial productions.
Personal Use: Private listening, personal meditation, relaxation, and other noncommercial activities.
The Client may monetize projects incorporating the audio, including through advertising, subscriptions, paid courses, memberships, streaming services, ticket sales, and other commercial distribution models, provided the audio is incorporated into a larger project or experience and is not distributed in violation of these terms.
Unless otherwise agreed in writing, the license applies to the specific audio files delivered to the Client and does not automatically extend to unrelated projects, additional tracks, or future commissions.
2. Ownership & Copyright
All original compositions, soundscapes, recordings, arrangements, and other audio materials created by the Sound Designer remain the intellectual property of the Sound Designer, unless a separate written agreement explicitly states otherwise.
The Client receives a license to use the delivered audio, not ownership of the underlying composition or sound recording.
The Sound Designer retains all rights not expressly granted under this agreement, including copyright, reproduction rights, distribution rights, and the right to license the audio to other parties, subject to any separate written exclusivity agreement.
3. Prohibited Uses
The Client may not use, distribute, or exploit the delivered audio in the following ways:
3.1. Standalone Redistribution or Resale
The Client may not sell, resell, sublicense, redistribute, share, or otherwise make the audio available as a standalone music track, soundscape, recording, or audio product, whether for free or for payment.
This includes distributing the audio as a music download, stock audio asset, sample pack, sound library, or other product where the audio itself is the primary item being offered.
3.2. False Authorship or Composer Attribution
The Client may not claim to be the original composer, creator, or copyright owner of the audio.
The Client may identify themselves as the creator or producer of a larger project incorporating the audio, provided this does not misrepresent the authorship or ownership of the underlying music.
3.3. Standalone YouTube or Streaming Uploads
The Client may not upload or distribute the delivered audio as a standalone track on YouTube, Spotify, Apple Music, or other streaming or content-sharing platforms in a manner that presents the Client as the original composer or rights holder.
This restriction does not prohibit the Client from using the audio within permitted audiovisual productions, guided practices, courses, applications, or other projects described in Section 1.
3.4. Content Identification & Copyright Claims
The Client may not register the audio, or any substantially identical version of it, with YouTube Content ID or any comparable automated rights-management or fingerprinting system in a way that claims ownership of the Sound Designer's original work or restricts the Sound Designer's legitimate use and distribution of that work.
The Client may not issue copyright claims, takedown notices, or other ownership-based restrictions against the Sound Designer's original work without a legitimate legal basis.
3.5. Unauthorized Licensing to Third Parties
The Client may not independently license, transfer, or grant third parties rights to use the audio as a standalone composition or recording. Third parties may access the audio as part of a permitted project, subject to the applicable project-use rights and this agreement.
4. Modifications & Derivative Works
The Client may edit, trim, loop, fade, adjust the volume of, or synchronize the audio with other media as reasonably necessary for an authorized project.
The Client may not substantially rework, sample, repurpose, or create derivative audio products for independent distribution or resale without prior written permission from the Sound Designer.
Any permitted modification does not transfer ownership of the original composition or recording to the Client.
5. Delivery, Payment & Revisions
The scope of work, deliverables, fees, delivery format, timeline, and included revisions will be agreed upon separately in writing before work begins.
Unless otherwise agreed, the license described in this agreement becomes effective upon receipt of full payment.
Additional revisions, alternate versions, new deliverables, or changes beyond the agreed scope may incur additional fees.
6. Attribution
Attribution is very much appreciated but is not required unless otherwise agreed in writing.
Where appropriate, the Client is encouraged to credit the Sound Designer as the creator of the original sound design or music. Any credit provided must not misrepresent the respective roles of the Client and Sound Designer.
7. Portfolio & Promotional Use
Unless otherwise agreed in writing, the Sound Designer may reference the commissioned work in their professional portfolio, website, showreel, and promotional materials.
The Sound Designer will not knowingly disclose the Client's confidential information or unpublished project materials in violation of a separate confidentiality agreement.
If a project is confidential, subject to an embargo, or otherwise restricted from public disclosure, the Client should communicate those restrictions before the work begins.
8. Third-Party Materials
If the delivered audio incorporates third-party samples, software instruments, sound libraries, or other licensed materials, the Client's use of those elements remains subject to any applicable third-party license restrictions.
The Sound Designer does not grant rights beyond those they own or are authorized to sublicense.
9. Limitation of License & Unauthorized Use
The license granted under these terms is limited to the rights expressly described in this agreement.
Any use outside the permitted scope requires prior written authorization from the Sound Designer. Unauthorized use may constitute a breach of this agreement or an infringement of applicable intellectual property rights.
The Sound Designer reserves the right to pursue remedies available under applicable law for unauthorized use.
10. Limitation of Liability
To the extent permitted by applicable law, the Sound Designer will not be liable for indirect, incidental, special, or consequential damages arising from the Client's use of the delivered audio.
Nothing in this agreement excludes or limits liability where doing so would be prohibited by applicable law.
11. Governing Law
This agreement will be governed by the laws, without regard to its conflict-of-law principles.
Any dispute arising under this agreement will be handled by the courts or other dispute-resolution forum with appropriate jurisdiction, subject to applicable law.
12. Entire Agreement & Amendments
This agreement, together with any written project-specific terms, constitutes the agreement between the Sound Designer and the Client regarding the licensed use of the delivered audio.
Any amendment, expanded license, exclusive-use arrangement, or transfer of ownership must be agreed upon in writing by both parties.
If any provision of this agreement is found unenforceable, the remaining provisions will continue to apply to the extent permitted by law.
Acknowledgment
By commissioning, purchasing, or using the delivered audio, the Client acknowledges that they have read, understood, and agreed to these terms.