Legal

Terms of Service

The rules that govern your use of The Sound Approach mobile and web applications.

Updated

September 8, 2026

Version

2026.09.08.2

01

Acceptance of Terms

Welcome to The Sound Approach. These Terms of Service ("Terms") constitute a legally binding agreement between you and M Constantine t/as The Sound Approach, governing your use of our mobile application for iOS and Android, and our web application.

02

Description of Service

The Sound Approach is a mobile and web application that provides access to bird sound recordings referenced in The Sound Approach book series published by Harper Collins. The app functions as an audio player for educational and reference purposes for birdwatchers and ornithology enthusiasts. We make the service available to users worldwide.

03

Access to the Service

Guest Mode

You may use The Sound Approach in Guest Mode without creating an account. In Guest Mode, you can:

  • Browse and listen to audio recordings
  • Search for species and recordings

Guest Mode limitations:

  • Favorites sync and account-backed favorites are not available in Guest Mode
  • Downloaded content for offline playback is not available in Guest Mode
  • If you uninstall the mobile app or clear browser storage, local guest preferences will be lost

Registered Account

For full functionality, you may create a free account using your email address. With a registered account, you can:

  • Sync your favorites across multiple devices
  • Download recordings for offline playback (mobile)
  • Access your content from both the mobile and web app

Usage Analytics

If you use the mobile or web app with a registered account, we may collect first-party usage analytics as described in our Privacy Policy. Analytics help us understand how the apps are used, improve features and content, and monitor service health. Guest Mode does not send usage analytics to our servers. We do not use third-party advertising or analytics SDKs. The legal basis for this processing is set out in the Privacy Policy (and is not obtained merely by accepting these Terms).

04

Eligibility and Account Registration

Age Requirement

You must be at least 13 years of age to create an account or use this app. The service is not directed at children under 13. By using the app, you represent and warrant that you meet this age requirement. Where applicable law requires a higher minimum age or parental consent for information-society services, those requirements apply and you must not use the service unless you meet them.

Account Creation

  • You must provide a valid email address to create an account
  • You will authenticate using one-time passwords (OTPs) sent to your email
  • Each account can be accessed on multiple devices simultaneously
  • No password is required — we use passwordless authentication for security

Account Security

  • You are responsible for maintaining access to the email address associated with your account
  • You must not share your account or login emails with others
  • You are responsible for all activities that occur under your account
  • You must notify us immediately at sales@soundapproach.co.uk of any unauthorized use of your account
05

License and Access

Grant of License

Subject to your compliance with these Terms, The Sound Approach grants you a limited, non-exclusive, non-transferable, revocable license to:

  • Download and install the app on your personal devices
  • Access and use the audio content for personal, non-commercial use
  • Download audio files for offline playback within the mobile app

This license remains in effect while the service is available and while you comply with these Terms.

License Restrictions

  • Share, distribute, or make available the audio recordings outside of the app
  • Copy, reproduce, or extract audio files from the app for use in other applications or platforms
  • Share your account access with others
  • Use the app or its content for any commercial purpose
  • Reverse engineer, decompile, or disassemble the app
  • Remove or alter any copyright notices or proprietary markings
  • Attempt to circumvent any security measures or access restrictions
  • Use the app in any way that violates applicable laws or regulations

Device Limitations

While you may access your account on multiple devices, excessive simultaneous access across an unreasonable number of devices may result in account suspension or termination.

06

Intellectual Property Rights

Ownership

The Sound Approach owns or has the necessary rights and licences to provide the app, its features and functionality, and the audio recordings and other content made available through the service. Those materials are protected by international copyright, trademark, and other intellectual property laws.

The Sound Approach to birding second edition is published by Harper Collins. The audio recordings are mostly the property of The Sound Approach; a few have been licensed from other recordists.

User Rights

You do not acquire any ownership rights to the audio content or app through your use of the service. Your access is limited to the license granted in these Terms.

07

Content and Availability

Content Updates

We reserve the right to:

  • Add new audio recordings to the app
  • Modify or update existing recordings
  • Remove recordings from the app at our discretion
  • Update app features and functionality

No guarantee is made regarding the permanent availability of any specific recording or feature.

Offline Downloads

You may download audio recordings for offline playback within the mobile app:

  • Downloaded content remains accessible only through the app interface
  • Downloads may consume significant device storage space
  • Downloaded content is subject to the same usage restrictions as streamed content
  • Downloaded content cannot be exported or used outside the app

Service Availability

We strive to maintain consistent service availability but do not guarantee uninterrupted access. The app may be temporarily unavailable due to:

  • Maintenance and updates
  • Technical difficulties
  • Circumstances beyond our reasonable control
08

User Conduct

You agree to use the app only for lawful purposes and in accordance with these Terms. Prohibited conduct includes:

  • Violating any applicable laws or regulations
  • Infringing on intellectual property rights
  • Attempting to gain unauthorized access to our systems
  • Interfering with or disrupting the app's functionality
  • Using automated systems or bots to access the app
  • Abusing the multi-device access feature
  • Creating multiple accounts to circumvent limitations
  • Redistributing content outside the app
09

Account Termination

Termination by You

You may delete your account at any time through our Delete Account page or in the mobile app under Settings → Delete account. Contact sales@soundapproach.co.uk only if you need help.

Termination by Us

We reserve the right to suspend or terminate your account and access to the app at our sole discretion, without prior notice, if:

  • You violate these Terms
  • You abuse the device access limitations
  • You share your account access with others
  • Your use of the app poses security or legal concerns
  • We discontinue the service (see Service Discontinuation below)

Inactivity

Accounts that have been inactive for 12 months will be automatically deleted. We will send you two warning emails before taking action:

  • A first warning at approximately 11 months of inactivity
  • A final warning approximately 2 weeks later, with a 14-day grace period

Simply logging in on mobile or web at any point resets the inactivity timer. If you do not log in during the notice period, your account and associated data held in our active systems will be deleted, subject to any data we are legally required to retain and ordinary backup retention as described in the Privacy Policy.

Effect of Termination

Upon termination (whether by you, by us, or due to inactivity):

  • Your access to the app and all content will be immediately revoked
  • Downloaded offline content will become inaccessible
  • You will lose access to any saved favorites or preferences stored with your account
  • No refunds will be provided (as the app itself is free)
10

Service Discontinuation

We reserve the right to discontinue the app and its services at any time, with or without notice. In the event of service discontinuation:

  • We will make reasonable efforts to provide advance notice where possible
  • All user accounts will be terminated
  • Access to audio content will cease
  • No compensation or refunds will be provided
11

Disclaimers and Warranties

AS-IS Basis

THE APP IS PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOUND APPROACH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability or fitness for a particular purpose
  • Warranties that the app will be uninterrupted, secure, or error-free
  • Warranties regarding the accuracy or reliability of content
  • Warranties that defects will be corrected

Use at Your Own Risk

You acknowledge that your use of the app is at your sole risk. We do not warrant that:

  • The app will meet your specific requirements
  • Audio quality will meet your expectations
  • The app will be compatible with all devices or operating systems
  • The service will be available at all times
12

Limitation of Liability

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under English law or other applicable mandatory law.

Subject to the preceding paragraph, and to the maximum extent permitted by applicable law:

THE SOUND APPROACH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of data or content
  • Loss of profits or revenue
  • Loss of use or access
  • Cost of substitute services
  • Damage to devices or systems

This limitation applies regardless of the legal theory (contract, tort, negligence, or otherwise) and even if we have been advised of the possibility of such damages, except where prohibited by law.

In jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability shall be limited to the maximum extent permitted by law.

Maximum Liability

Subject to the non-excludable liabilities above, and to the maximum extent permitted by applicable law, our total aggregate liability to you for all claims arising out of or relating to the service shall not exceed £0 (zero pounds), reflecting that the app is provided free of charge. If applicable mandatory consumer law requires a higher minimum, that higher amount applies instead.

13

Indemnification

To the extent permitted by applicable law, you agree to indemnify and hold harmless The Sound Approach from claims, liabilities, damages, losses, and reasonable costs (including reasonable legal fees) arising from:

  • Your willful misuse of the app
  • Your material violation of these Terms (including redistribution of content)
  • Your violation of any rights of third parties
  • Your violation of any applicable laws or regulations in connection with the app

This section does not require you to indemnify us for our own negligence or for liabilities that cannot be allocated to you under mandatory consumer law.

14

Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. Nothing in these Terms deprives you of any mandatory protections you are entitled to under the laws of the country in which you reside.

Jurisdiction

Subject to mandatory consumer protections in your country of residence, you agree that the courts of England and Wales shall have jurisdiction over disputes arising from these Terms or your use of the app. If you are a consumer in the EEA or another jurisdiction that allows you to bring proceedings in your home courts, you may do so to the extent required by applicable law.

Informal Resolution

Before initiating any formal legal proceedings, you agree to first contact us at sales@soundapproach.co.uk to attempt to resolve the dispute informally.

15

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon:

  • Updating the "Last Updated" date at the top of these Terms
  • Providing notice through the app for material changes

Your continued use of the app after changes constitutes acceptance of the modified Terms, except where applicable law requires a different process. If you do not agree to the changes, you must stop using the app and delete your account.

16

Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, it shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

17

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and The Sound Approach regarding your use of the app and supersede any prior agreements or understandings.

18

No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of The Sound Approach.

19

Contact Information

For questions, concerns, or notices regarding these Terms, please contact us:

Email: sales@soundapproach.co.uk Business Name: M Constantine t/as The Sound Approach Postal address: Available on request by email for formal correspondence.

20

Acknowledgment

By using The Sound Approach app, you acknowledge that:

  • You have read and understood these Terms of Service
  • You agree to be bound by these Terms
  • You understand that violation of these Terms may result in account termination
  • You understand that the app may be discontinued at any time

© 2026 The Sound Approach. All rights reserved.