Songfuse: Terms of Service

By accessing or using any part of the Service, you agree to be bound by these Terms. If you do not agree to all of the terms and conditions of these Terms, then you may not access or use the Service.

1. Acceptance of Terms

By accessing or using the Service, you represent and warrant that: (i) you are at least 18 years old; (ii) you have the legal capacity to enter into contracts; and (iii) you agree to be bound by these Terms.

2. Modifications to Terms

We may modify these Terms at any time by posting the revised Terms on the Service. Your continued use of the Service after the revised Terms are posted constitutes your acceptance of the revised Terms. You are therefore responsible for periodically reviewing these Terms.

3. Description of Service

The Service allows you to create playlists with the help of artificial intelligence ("AI"). You can provide the Service with information about your music preferences, and the Service will generate a playlist of songs that it believes you will enjoy.

4. User Content

You may be able to submit content such as song preferences and reviews (collectively, "User Content") to the Service. You retain all copyright and other intellectual property rights in your User Content. However, by submitting User Content to the Service, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in any media or format, for any purpose, including, but not limited to, promoting and developing the Service. You also agree that we may use your User Content to personalize your experience on the Service.

5. User Conduct

You agree not to:

• Use the Service for any illegal or unauthorized purpose.
• Violate any laws in connection with your use of the Service.
• Infringe upon the rights of any third party, including their intellectual property rights.
• Use the Service to transmit any harmful or malicious code.
• Interfere with or disrupt the operation of the Service.
• Use the Service to collect or store personal information about other users.
• Impersonate any person or entity, or make any false or misleading statements.

We reserve the right to terminate your access to the Service if you violate any of these Terms.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

7. Limitation of Liability

WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES.

8. Indemnification

You agree to defend, indemnify, and hold harmless us, our officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from or related to your use of the Service or your violation of these Terms.

9. Content Ownership

All content created by free users on Songfuse, including but not limited to musical compositions, lyrics, and recordings, is considered "User Generated Content" (UGC) under these Terms of Service. By creating UGC and uploading it to Songfuse, you grant Songfuse a non-exclusive, irrevocable, worldwide, royalty-free license to use, reproduce, modify, publish, distribute, and create derivative works of your UGC. This means that Songfuse can use your UGC for any purpose, including but not limited to promoting Songfuse, developing new features, and incorporating it into other products or services.

10. Ownership Disclaimer

Please note that by using Songfuse, you agree that you are the sole author and owner of your UGC and that you have all necessary rights, licenses, and permissions to upload your UGC to Songfuse. You also agree that your UGC does not infringe on the intellectual property rights of any third party.

11. Free to Use with Attribution

While Songfuse owns the license to use your UGC as described above, we understand that you may still want to be credited for your work. Songfuse will make reasonable efforts to provide attribution to you as the creator of your UGC whenever it is used. However, we cannot guarantee that attribution will always be possible.

12. Modification Right

Songfuse reserves the right to modify or remove any UGC that violates these Terms of Service or that we otherwise deem inappropriate.

13. We Recommend Consulting an Attorney

These terms are intended to provide a general understanding of your rights and obligations with respect to UGC on Songfuse. However, they are not a substitute for legal advice. We recommend that you consult with an attorney if you have any specific questions about your rights or obligations.

14. Changes to These Terms

Songfuse reserves the right to change these terms at any time. The changes will be effective upon posting on the Songfuse website. By continuing to use Songfuse after the changes are posted, you agree to be bound by the revised terms.

15. Dispute Resolution

Any dispute arising out of or relating to these terms will be governed by the laws of the State of California without regard to its conflict of laws provisions. You agree to the exclusive jurisdiction of the courts located in Los Angeles County, California for the resolution of all such disputes.

16. Contact Us

If you have any questions about these Terms, please contact us at david @ songfuse.app

17. Effective Date

These Terms are effective as of the date first written above.