In force from 10 September 2026. These terms apply to the beta phase of RadioMatic. A revised version will follow at commercial launch; we will notify you of that in advance. These terms apply to business customers, not to consumers.
1. Definitions
- SmartLabel: SmartLabel B.V., established at Boterdiep 71, 9712 LL Groningen, registered in the Trade Register of the Dutch Chamber of Commerce under number 86253344. SmartLabel is the provider of the service and the contracting party of the Customer.
- RadioMatic: the trade name under which SmartLabel offers the service. RadioMatic is not a separate legal entity; all rights and obligations under the agreement rest with SmartLabel.
- Customer: the legal entity, or the natural person acting in the exercise of a profession or business, who takes out a subscription.
- Service: RadioMatic, the platform that composes and streams fully AI-generated radio, including the accompanying management dashboard.
- Location: one physical business space in which the service is made audible.
- Beta phase: the period in which the service is still under development and is designated as such on the website.
2. Applicability
These terms apply to every offer and every agreement between SmartLabel and the Customer. Purchasing or other terms of the Customer are expressly rejected. Deviations apply only where agreed in writing.
3. Beta status
The Customer acknowledges that the service is in its beta phase. This means functionality may change or be discontinued, that faults may occur and that no service level agreement (SLA) applies. SmartLabel will make every effort to deliver the service as uninterrupted as possible, but gives no guarantees in this phase.
4. Trial period
Every new subscription starts with a trial period of fourteen calendar days, during which the service is free of charge. If the Customer cancels within that period, nothing is owed. If no cancellation is made, the chosen subscription starts automatically at the end of the trial period.
5. Term and cancellation
The subscription is entered into for an indefinite period and can be cancelled monthly, with effect from the end of the current invoicing month. Cancellation is possible via the dashboard or by email to [email protected]. There is no minimum term and no cancellation fee. Amounts already paid for the current month are not refunded pro rata.
6. Prices and payment
The prices stated on the website apply per location per month and are exclusive of VAT. No connection or installation costs are charged. Invoicing takes place monthly in advance. Payment is made within fourteen days of the invoice date. In the event of late payment, SmartLabel is entitled to suspend the service after a written reminder with a cure period of seven days.
SmartLabel may change its prices with at least thirty days’ notice. If the Customer disagrees with the increase, they may cancel the subscription with effect from the date on which the new price takes effect.
7. Right of use
SmartLabel grants the Customer a non-exclusive, non-transferable right to use the service for the term of the agreement in order to make music audible in the agreed locations. The number of locations and the usage limits attached to the chosen subscription are binding.
The Customer may not:
- resell, rent out or offer the service under its own name, unless a white-label arrangement has been agreed in writing;
- record, reproduce or separately distribute the generated audio beyond use within its own locations;
- use the service in more locations than have been paid for;
- circumvent the technical security measures or reverse-engineer the service.
8. Music rights
The music offered through the service is generated entirely by AI. It is SmartLabel’s position that no copyright or neighbouring right attaches to it that would give Buma/Stemra or Sena a basis for collection. The reasoning behind that position is set out in the legal memorandum on the website.
No contractual indemnity. SmartLabel gives the Customer no indemnity against claims by Buma/Stemra, Sena or third parties. To that extent the Customer uses the service at its own responsibility. The position set out in the previous paragraph is underpinned in the legal memorandum, but does not constitute a guarantee and the Customer can derive no rights from it.
9. Intellectual property
All rights in the platform, the software, the design and the brand names RadioMatic and SmartLabel rest with SmartLabel or its licensors. Nothing in these terms transfers those rights to the Customer. Material supplied by the Customer, such as promotional copy, logos or voice recordings, remains the property of the Customer; the Customer grants SmartLabel the right to use that material in so far as necessary to deliver the service.
10. Liability
SmartLabel’s liability is limited, per event and per calendar year, to the amount the Customer paid for the service in the twelve months preceding the event causing the damage, with a maximum of ten thousand euros. SmartLabel is not liable for indirect damage, including lost profit, lost turnover and reputational damage.
These limitations do not apply in the event of intent or wilful recklessness on the part of SmartLabel or its management.
11. Force majeure
Force majeure includes in any event: failures at suppliers of computing capacity or AI models, loss of internet connectivity, power failures, cyber attacks and government measures. If the force majeure lasts longer than thirty days, either party may terminate the agreement without being liable for damages.
12. Personal data
The parties comply with the General Data Protection Regulation. In so far as SmartLabel processes personal data on behalf of the Customer in delivering the service, the data processing agreement supplied as an annex to the agreement applies. See also the privacy statement.
13. Changes to these terms
SmartLabel may amend these terms. Changes are announced at least thirty days before they take effect. If the Customer does not agree with a change that reasonably disadvantages them, they may cancel the subscription with effect from the date the change takes effect.
14. Governing law and disputes
These terms and all agreements are governed by Dutch law. Disputes are submitted to the competent court in the district where SmartLabel is established, without prejudice to the right of the parties to first seek a solution together.
Questions about these terms can be sent to [email protected].