Terms Of Use

From our content to yours, this is what you need to know.

Whooshkaa Pty Ltd is a registered Australian Company.(“Whooshkaa”, “we”, “our”, “us”, which shall include all affiliated, subsidiary, successor and partner companies).Please read these terms and conditions (the “Terms”) carefully as they govern your relationship with us when you use our services (the “Services”), including the services on this website, our applications, or other methods provided by us (the “Site”, “Applications” and “Services”).

By accessing or using the Services, you accept and agree to these Terms (which include our Privacy Policy), and you agree that your use of the Services, including any transaction you make, is subject to these Terms.

Please note that we may make changes to these Terms from time to time, which will come into effect when posted on this Site. We may not be able to tell you directly of changes to the Terms, so please check the Site regularly for any updates. Your continued use of this Site following the posting of any changes will mean you accept those changes in their entirety.

We have tried to make these Terms as simple and readable as possible. If you have any questions please contact us using our Support system. Unless you have signed a specific commercial agreement with whooshkaa, we assume that your use of the Services is non-commercial.

If you wish to use the Services for commercial purposes you may do so and these Terms will govern that use, provided that we reserve the right to require any commercial user to agree to additional and/or other terms (including terms as to payment) at our discretion. A commercial user who has agreed terms with us as regards the applicable content is referred to in these Terms as a “Partner User”. If you are using the Site as an initial trial for commercial use, please let us know.

Site Content

Except for content which you upload to the Site, all of the music, photos and material on this Site (the “Content”) is owned and controlled by us or others, including members of the public. Please respect their interests and rights by not copying or sharing the Content except as permitted on the Site.

The Site contains links to websites and/or services controlled by other businesses and services. We can’t guarantee that they provide accurate information and we can’t be responsible for any content or services they offer.

Content Provided by You

“Posting” means creating and uploading to the Site, or one of our commercial partners’ sites, in any way. Any posts, files, data, audio content, text content video content and metadata. This forms “User Content”, which expression as used in these Terms shall in addition to the Whooshkaa sound file itself include without limitation photographs, images, biographical words and data, timing, chronology, co-ordinates, tags, titles, usernames, web addresses, user names, comments and responses associated with an Whooshkaa sound file (and any derivatives, extracts and copies thereof) and its creator, subject and location.

By Posting, you are authorising and granting to us and (if applicable) the relevant commercial partner(s) an irrevocable, worldwide, perpetual, royalty-free, and non-exclusive licence to exploit the User Content, in particular by displaying and making it available to the public. If you are a Commercial User/Channel Partner, this may be altered by any specific agreements we hold with you.

You will retain ownership of your User Content at all times. Except that in certain circumstances where you have uploaded your User Content to the site/service of one of our Partners, that Partner may acquire some ownership rights. Please contact us at info@whooshkaa.com for details of which sites or services this will apply to.

We have the right to store User Content, and at our discretion to make available User Content on the Site, in each case indefinitely. However, we are not obliged to make available, promote or market any User Content. We are not responsible for any loss, theft, rights infringement or damage of any kind to the User Content and you take sole responsibility for the User Content that you provide to us.

In the unlikely event of major disruption (such as force majeure) to our Services, we are not responsible for archiving or retrieving material Posted to us. Partners are strongly advised to take backup and archive measures for their own material. If you wish for advice or assistance, please contact info@whooshkaa.com.


For more information on Whooshkaa's GDPR compliance, download Whooshkaa's GPDR DPA (PDF) or review Whooshkaa's data subprocessors.