Terms of Use
Last update: 07.11.2025
1. INTRODUCTION
These Terms of Use and End User License Agreement (collectively, the "Agreement") together with all the documents referred to in it constitute a legally binding agreement made between you as a natural person ("you", "your" or "user") and SONG SYNTH LTD ("we," "us" or "our"), concerning your access to and use of "Song AI Maker: Generate Music" software application for mobile devices (the "App"). The App's title may vary in countries other than the U.S. and is subject to change without specific notice.PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE APP.
Company Information:
- Company name: SONG SYNTH LTD
- Company number: 16821020
- Registered office address: 86-90 Paul Street, London, Greater London, England, EC2A 4NE
- Company status: Active
- Company type: Private limited Company
- Incorporated on: 30 October 2025
- Website: https://songsynth.com
It is highly important that you read and understand this Agreement as by downloading, installing or using the App you indicate that you have read, understood, agreed and accepted the Agreement. The Agreement takes effect on the date on which you download, install or use the App. By using the App you agree to abide by this Agreement.
In case you do not agree(do not accept) with this Agreement, or if you do not agree at least with any amendment of this Agreement, you are not authorized to, and you may not access, download, install or use the App and you must immediately discontinue downloading, installing the App and remove the App from any mobile device in your possession or under your control.
Therefore, you agree and understand that during your use of our services, including the App, no content feedback can be used as any basis for any civil or commercial activities performed by you and/or others, otherwise all risks that may arise from such activities and all responsibilities shall be borne by you, not by us.
PLEASE REVIEW THESE TERMS OF USE THOROUGHLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING AN AGREEMENT TO ARBITRATE. THE AGREEMENT TO ARBITRATE REQUIRES THAT (WITH LIMITED EXCEPTIONS) YOU SUBMIT CLAIMS AGAINST US TO BINDING AND FINAL ARBITRATION. FURTHERMORE: (1) YOU MAY ONLY PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; (2) YOU CAN ONLY SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS; AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
2. THE AGREEMENT CHANGES
We reserve the right, at our sole discretion, to make changes or modifications to this Agreement at any time and for any reason. We will keep you informed about any changes by updating this Agreement. While we aim to notify you of any changes, you are responsible for periodically reviewing this Agreement to stay informed of updates. You will be subject to, and will be deemed to be aware of and to have accepted, the changes in any revised Agreement by your continued use of the App after the date such revised Agreement is posted. We recommend that you check this page from time to time to inform yourself of any changes in this Agreement.
3. RESTRICTIONS ON WHO CAN USE THE APP
You must be at least eighteen (18) years of age to download, install, access, or use the App.
Notice for Minors: If you are a minor in your jurisdiction (typically under the age of 18), you must obtain the explicit permission of your parent or legal guardian to use the App. If you are between thirteen (13) and seventeen (17) years old, you must ensure the following before using the App:
a) Confirm that your parent or guardian has read and consented to this Agreement;
b) Verify that you have the legal capacity to enter into a binding contract with us and are not prohibited from doing so under any applicable laws.
Parents and guardians are responsible for directly supervising their minors' use of the App. It is solely their obligation to prevent any unauthorized or inappropriate use of the App by minors who are not of legal age in the relevant jurisdiction.
No person under the age of thirteen (13) is permitted to download, install, access, or use the App.
By using the App, you affirm that you are either over eighteen (18) years of age, an emancipated minor, or have obtained legal parental or guardian consent. You also confirm that you are fully capable of understanding and agreeing to the terms, conditions, and obligations outlined in this Agreement and will comply with them.
If you believe that a child under the age of thirteen (13), or sixteen (16) in the EEA, has downloaded, installed, accessed, or used the App without fulfilling the above conditions, please contact us at support@songsynth.com or visit https://songsynth.com/support
4. GENERAL TERMS
Our App is intended to process input data, information, and content that you provide, which may include code, videos, images, data, text, software, music, sound and other audio, photographs, graphics, messages, and other materials and mediums (collectively referred to as the “Submissions”). The App generates and returns audio and visual output based on these Submissions (“Output”, and together with the Submissions, “Content”). Additionally, the App may feature a public forum where Content can be shared in a collaborative environment with other users.
It is essential that you only upload, post, publish, or display (hereinafter, “upload(ing)”) Submissions for which you have the necessary rights to use and provide hereunder. By uploading any Submission, you represent and warrant that:
- You possess, or have obtained, all necessary rights, licenses, consents, permissions, power, and/or authority to submit and use (and allow us to use) such Submission in connection with the App, including for generating your Output.
- Your Submissions and their use by the App, including the generation of Output, will not violate any laws or infringe upon any third party’s rights, terms, and conditions related to such Submission.
- No additional licenses, permissions, consents, or authorizations are required from, or payments made to, any other person or entity by us (or any third party deriving any rights or obligations from us) arising out of or related to our use of your Submissions, including to create your Output and/or to train, develop, refine, or otherwise enhance the App and any associated artificial intelligence or machine learning models.
Your Registration Responsibilities: To access and utilize certain features of the App, you may be required to register with us or provide specific personal information (e.g., name and email address). By choosing to register for the App, you agree to provide and maintain truthful, accurate, up-to-date, and complete information as prompted by the App’s registration form. Your registration details and other personal information are managed in accordance with our Privacy Policy. The App is available for use only to individuals who are at least 13 years old. If you are under 18 years old, you may use the App only with explicit consent from your parent or guardian, and you agree to provide truthful, accurate, up-to-date, and complete information as requested by us to confirm such consent. We may, at our discretion, offer a free tier of the App. Creating multiple accounts to exploit the free tier is prohibited. If we determine that you are misusing the free tier, we reserve the right to revoke your access to the App. In the event that we discontinue the App, we will issue a pro-rated refund for any pre-paid fees based on the remaining months in the pre-payment period.
Member Account, Password, and Security: You are responsible for keeping your password and account information confidential and are fully accountable for all activities that occur under your account. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other security breach, and (b) ensure that you log out from your account at the end of each session when using the App. We will not be liable for any loss or damage resulting from your failure to comply with these obligations.
Modifications to the App: We reserve the right to modify, suspend, or discontinue, either temporarily or permanently, the App (or any part of it) with or without notice. You agree that we will not be liable to you or any third party for any changes, suspension, or discontinuation of the App.
General Practices for Use and Storage: You understand that we may set general guidelines and limits regarding the use of the App, including how long data or other content will be stored by the App and the maximum storage capacity allocated on our servers or those of our third-party service providers on your behalf. You agree that we reserve the right to deactivate accounts (along with all related Submissions and Output) that have been inactive for a prolonged period. Additionally, you acknowledge that we retain the right to modify these guidelines and limits at any time, at our discretion, with or without prior notice.
For a complete list of functionalities, please refer to the App's description on its App Store page.
5. CONDITIONS OF ACCESS AND USE
User Conduct: You are entirely responsible for your use of the App and all Submissions you provide to us, whether through uploading via the App, emailing, or otherwise making Submissions available to other users of the App. Additionally, you are responsible for any Outputs you generate through the App. You bear all risks associated with your Submissions, including their transmission, and you are solely accountable for their accuracy, quality, legality, and appropriateness. Posting Content on the App does not imply any approval or endorsement by us of such Content. We disclaim all liability related to any Content or any activity involving accessing, browsing, contributing to, or otherwise using the App. Under no circumstances may you use the Output to compete with us, including creating a competing product or service. Below are examples of Submissions or uses that are illegal or prohibited by us. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates these provisions, including removing the offending content from the App, suspending or terminating the accounts of such violators, and reporting them to law enforcement authorities. You agree not to use the App to:
- Submit, upload, transmit, or otherwise provide any Submissions or direct the App to create any Output that (i) violates any intellectual property or proprietary rights of any party; (ii) you are not legally permitted to upload or use under any law or contractual or fiduciary obligations; (iii) includes software viruses or any other malicious computer code, files, or programs intended to disrupt, damage, or limit the functionality of any computer software, hardware, or telecommunications equipment; (iv) creates a privacy or security risk for any individual; (v) constitutes unsolicited or unauthorized advertising, promotional content, commercial activities, or sales efforts, such as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” or “sweepstakes”; (vi) is (or is used for or in connection with any purpose, initiative, activity, product, or service that is) illegal, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise offensive; or (vii) in our sole judgment, is inappropriate or limits or prevents any other person from using or enjoying the App, or which may expose us or our users to any potential harm or liability.
- violate any applicable local, state, national, or international laws or any regulations that carry the force of law;
- interfere with or disrupt the App or the servers or networks connected to it, or fail to comply with any requirements, procedures, policies, or regulations of networks linked to the App;
- solicit personal information from anyone under the age of 18;
- impersonate any individual or entity, or falsely represent, imply, or otherwise mislead others about your affiliation with any person or entity (including by generating, sharing, promoting, labeling, or using Output in a way that suggests it was created by or is associated with someone other than the actual creator);
- post any private information or harvest, collect, or disclose email addresses or other details about another user or any other person without their explicit consent, or use such information for sending unsolicited emails or other forms of unsolicited communication;
- advertise or offer to sell or buy any goods or services for any business purpose that is not explicitly authorized;
- suggest or imply that we endorse any of your Submissions, Output, statements, or positions;
- attempt to access or retrieve any content or information through any means not intentionally provided or made available through the App;
- promote or support any criminal activities or enterprises, or provide instructional information about illegal activities;
- use the App (and any Output) to create, develop, or improve any competing products or services, or to power, enable, or train other artificial intelligence or machine learning models, tools, or technologies;
- engage in or employ any data mining, robots, scraping, or similar data collection or extraction methods.
- bypass, remove, modify, deactivate, impair, or defeat any content protections or geographic restrictions on any content (including Service Content) available on or through the App, including through the use of virtual private networks;
Commercial Use: Except as expressly permitted herein or within the App, and subject to the Content Section below, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, grant access to, transfer, or otherwise use or exploit any part of the App and any Output for commercial purposes.
6. PRIVACY POLICY
To protect your privacy, we've crafted a Privacy Policy that outlines how we process, use, and store your information, including your personal data. Your access to and usage of the App and its Services are governed by this Privacy Policy. By using the App or its Services, you consent to the terms of the Privacy Policy and acknowledge the legal basis for processing your data as outlined therein. The Privacy Policy may be updated periodically, and it's your responsibility to review it. If you disagree with any aspect of the Privacy Policy, you must cease using the App and its Services immediately. Make sure to read our Privacy Policy thoroughly before engaging with the App or its Services.
7. INTELLECTUAL PROPERTY RIGHTS
App Content: You acknowledge and agree that the App may include content or features (“App Content”) protected by copyright, patents, trademarks, trade secrets, or other proprietary rights and laws. Unless expressly permitted by us or specified in these Terms of Use, you agree not to alter, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works from any part of the App or the App Content. This restriction does not apply to Content you upload or make available through the App in compliance with these Terms of Use. Any unauthorized use of the App or the App Content is strictly prohibited.
Third-Party Material: We are not liable for any content or materials provided by third parties (including users), including any errors or omissions in such content, or any loss or damage resulting from the use of such content. You understand that we do not pre-screen content, but we and our designees have the right (but not the obligation) to refuse or remove any content available through the App at our sole discretion. This includes the right to remove content that violates these Terms of Use or is considered objectionable in our judgment. You agree to evaluate and assume all risks associated with the use of any content, including reliance on its accuracy, completeness, or usefulness.
Content: You affirm that you hold all rights, title, and interest in your Submissions, including all copyrights and publicity rights, and that you have all necessary rights or obtained all necessary consents to grant us the licenses outlined herein. By using the App or transmitting Submissions to us, you grant us and our affiliates, successors, assigns, and designees a worldwide, non-exclusive, fully paid-up, sublicensable, assignable, royalty-free, perpetual, and irrevocable license to use, reproduce, store, modify, distribute, create derivative works from, perform, display, communicate, transmit, and otherwise make available any and all Content (in whole or in part) in any media now known or later developed. This is for the purposes of providing, using, monetizing, promoting, marketing, and improving our products and services, including the App and the related AI and machine learning models.
For clarity, this license allows us to make your Content available to and sublicense it to other users of the App as necessary to provide the App’s services. You also grant us the perpetual and irrevocable right to publicly identify that Output was generated via the App. You agree that your use of the App is sufficient compensation for the Content and the rights granted herein, and you waive any moral rights or “droit moral” in connection with the Content.
You acknowledge that if your Submissions include personally identifiable information, we may republish this information. Although we are not obligated to monitor the Content, you acknowledge that we may (i) monitor the Content; (ii) alter, edit, or remove any Content in whole or in part; or (iii) disclose any Content.
Subject to your compliance with these Terms of Use, if you are a subscriber to the paid tier of the App, we assign to you all our rights, title, and interest in any Output generated from your Submissions through the App during your paid-tier subscription period. However, due to the nature of machine learning, we do not guarantee that any copyright will be vested in any Output.
If you are using the free tier of the App, you agree to use Outputs generated from your Submissions solely for lawful, internal, personal, and non-commercial purposes, provided that you give proper attribution to us in each instance.
For clarity, Outputs may be publicly accessible in third-party applications where they can be viewed, downloaded, and modified by other users. If Outputs become publicly available in such third-party applications, you agree that other users have the right to access, display, view, store, modify, and copy such Outputs. However, you may adjust your settings to prevent public sharing, ensuring that the Output remains private.
Due to the nature of machine learning, the Output generated by the App may not be unique to each user, and the App might produce the same or similar output for different users. Other users may submit similar requests and receive identical or comparable Output. Any Output generated for other users does not belong to you.
You authorize us and our third-party service providers to collect and analyze statistical and usage data related to your use of the App ("Usage Data"). We may utilize this Usage Data for various purposes, in accordance with applicable laws and our Privacy Policy.
Third-Party AI Services: The App utilizes third-party artificial intelligence services to generate content:
- OpenAI, L.L.C. is used for generating text and lyrics content. For more information, please refer to OpenAI's Terms of Use and Privacy Policy.
- Mureka is used for generating music and audio content through their official API service. For more information, please refer to Mureka's Terms of Service and Privacy Policy.
- Replicate is used for generating song cover artwork and images using the flux-schnell model. For more information, please refer to Replicate's Terms of Service and Privacy Policy.
By using the App, you acknowledge that your Submissions may be processed by these third-party services in accordance with their respective terms and privacy policies.
Any questions, comments, suggestions, ideas, feedback, reviews, or other information you provide about the App (“Feedback”) are considered non-confidential. We are entitled to use and share this Feedback for any purpose, whether commercial or otherwise, without any obligation to acknowledge, attribute, or compensate you.
You acknowledge and agree that we may retain and disclose Content if required by law or if we believe, in good faith, that such retention or disclosure is reasonably necessary to: (a) comply with legal processes, applicable laws, or government requests; (b) enforce these Terms of Use; (c) respond to claims that any content infringes the rights of third parties; or (d) protect our rights, property, or personal safety, or that of our users or the public. You understand that the technical processing and transmission of the App, including Content, may involve (i) transmissions across various networks and (ii) modifications to conform and adapt to technical requirements of connecting networks or devices.
8. USER GENERATED CONTENT
It is your responsibility to retain the ownership rights to all Submissions you produce and upload to the App (hereinafter referred to as “User Generated Content”, “UGC”). By using the App, you provide us with a non-exclusive, worldwide, perpetual, royalty-free, sublicensable, transferable, irrevocable license and right: a) to adapt UGC to the App's functionality and integrate it into larger works (such as geographic maps); b) to store, reproduce, and distribute UGC within the App for the purpose of displaying it to other users; c) to transfer and sublicense User Generated Content to third-party services for the purposes of its technical processing, further distribution, and storing. You acknowledge that your UGC may be transferred and sublicensed to third-party services for additional commercial utilization.
In addition, you agree to provide the above license and right for all UGC without any financial obligation either to you or to any third party. Furthermore, you agree that you will not pursue any charges or demands regarding the copyright to User Generated Content uploaded to the App.
By uploading User Generated Content to the App, you agree that you do not require your name to be credited or indicated as the author or co-author.
In addition, you also confirm that UGC does not contain any personally identifiable information (such as human faces, locations, or documents that reveal identity) related to you or other individuals.
Any UGC that is deemed inappropriate—be it offensive, illegal, immoral, or simply not in alignment with the purpose of the App—will be removed without prior notice and without the possibility of restoration.
9. PROHIBITED BEHAVIOR
You, or any third party acting on your behalf, are prohibited from transferring, lending, renting, leasing, or distributing the App. You may not provide any services related to the App or grant any rights to it or any accompanying documentation to any third party.
You are forbidden from making the App accessible to unauthorized third parties. Additionally, you may not modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the App or any related documentation.
Misusing any trademarks or content displayed within the App is not allowed.
You agree to refrain from using the App in a manner that:
a) Violates any laws or regulations;
b) Defames any individual;
c) Is obscene, offensive, or inappropriate;
d) Infringes upon the copyrights, database rights, or trademarks of others;
e) Encourages or assists in illegal activities, including but not limited to copyright infringement.
Unauthorized copying, duplication, distribution, or use of any intellectual property within the App is strictly prohibited and subject to legal action.
Moreover, you are not permitted to use the App with malicious intent.
We bear no responsibility for the manner in which you use the App.
We reserve the right to take any legal action available under applicable law against users who violate this Agreement.
In the event of disagreements or claims, we reserve the right to resolve such matters through negotiation. Otherwise, disputes will be settled in a competent court in England and Wales.
10. AVAILABILITY OF THE APP, SECURITY AND ACCURACY
While we strive for compatibility, we cannot guarantee that the App will work with all hardware and software configurations. The minimal requirements for using the App are as follows:
- Apple iOS Operating System 16.0 or later;
- A compatible mobile phone or tablet;
- Internet Access.
We offer no warranties regarding the availability, integrity, or timeliness of the App. The App's performance may be affected by various factors beyond our control, such as internet and mobile network conditions.
We may update the App's version periodically to introduce new features and services. We reserve the right to update the App without prior notification, and we may suspend or terminate access to the App as necessary.
Please note that the App is based on chat functionalities with artificial intelligence and may provide information that is not entirely accurate or up-to-date. The App's knowledge is limited to data available up to September 2021. Users should be aware that the App's responses may contain inaccuracies or be outdated, and should not be relied upon for critical and any other decisions.
We cannot guarantee the preservation of any information you provide, especially during updates, which may result in data loss due to developer errors, network issues, or other unforeseen circumstances.
You affirm that all information you provide to us is accurate, complete, and up-to-date, and you commit to maintaining its accuracy.
You have the option to discontinue using our Services at any time by selecting the appropriate option in your iTunes Account Settings/Apple ID Account Settings. If you choose to no longer use the App, it is your responsibility to uninstall it.
11. INDEMNIFICATION
To the fullest extent allowed by applicable law, you agree to defend, indemnify, and hold harmless us, our affiliates, and our respective officers, employees, directors, service providers, licensors, and agents (collectively, the “Our Parties”) from any and all losses, damages, expenses (including reasonable attorneys’ fees), claims, actions, rights, and injuries (including death) that arise from or relate to your use of the App, any Content or its use, your connection to the App, your breach of these Terms of Use, or your infringement of any rights of another, including through your creation or use of any Output. We will notify you of any such claim, lawsuit, or proceeding. We reserve the right to take exclusive control of the defense and management of any issue subject to indemnification under this section, and you agree to assist us in any reasonable manner in defending such matters. You may not settle or resolve any claim against Our Parties without our prior written consent.
12. DISCLAIMER OF WARRANTIES
YOUR USE OF THE APP AND ANY OUTPUT IS AT YOUR SOLE RISK. THE APP AND ANY OUTPUT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE MAKE NO WARRANTY THAT (A) THE APP WILL MEET YOUR EXPECTATIONS; (B) THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP WILL BE SUITABLE, ACCURATE, OR RELIABLE; (D) YOUR USE OF ANY OUTPUT WILL NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY; OR (E) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE APP WILL MEET YOUR EXPECTATIONS. YOU ACKNOWLEDGE THAT THE APP USES EXPERIMENTAL TECHNOLOGY AND MAY SOMETIMES PROVIDE INACCURATE OR OFFENSIVE CONTENT THAT DOES NOT REPRESENT OUR VIEWS.
Due to the nature of artificial intelligence and machine learning, your Output may not be unique and the App may generate the same or similar output for another user. Other users may provide similar input to the App and receive the same or similar output from the App. An input that is submitted by other users is not your Submission, and an output that is requested by and generated for other users is not your Output.
No advice or information, whether oral or written, obtained from us or elsewhere, will create any warranty not expressly stated in these Terms of Use. YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY CONSEQUENCES ARISING FROM YOUR USE OF THE APP AND ITS OUTPUT.
We are not responsible for the content uploaded by other users to the App, as Submission is publicly displayed within the App. Content that is deemed inappropriate, offensive, illegal, or not in line with the App's intended use is identified and blocked through the App's automated filtering technologies. If you encounter any such content, please report it to us at support@songsynth.com or visit https://songsynth.com/support
13. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU FULLY UNDERSTAND AND EXPRESSLY AGREE THAT THE APP, ITS AFFILIATES, SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
YOU ALSO ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE APP AND/OR THE SUBMISSIONS YOU PROVIDE OR GENERATE VIA THE APP IS AT YOUR SOLE RISK. YOU ASSUME YOUR FULL RESPONSIBILITY ARISING OUT OF YOUR USE OF THE APP AND/OR FURTHER SHARING AND DISTRIBUTION OF ANY SUBMISSIONS YOU PROVIDE OR GENERATE VIA THE APP.
IN ADDITION, YOU HEREBY AGREE TO HOLD HARMLESS AND INDEMNIFY US, OUR SUCCESSORS, ASSIGNS, LICENSEES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, COMPLAINTS, LOSSES, EXPENSES, AND DAMAGES OF ANY KIND OR NATURE ARISING OUT OF YOUR USE OF THE APP, ANY USE OF SUBMISSIONS AND OUTPUT GENERATED VIA THE APP, OR OUT OF YOUR FAILURE TO COMPLY WITH THE TERMS OF USE.
IN PARTICULAR, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SHALL HAVE NO LIABILITY FOR ANY DAMAGES RESULTING FROM: (A) YOUR USE OR INABILITY TO USE THE APP; (B) UNAUTHORIZED ACCESS TO OR USE OF YOUR DATA; (C) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN THE APP; OR (D) ANY OTHER MATTER RELATED TO THE APP.
WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES, AND/OR INFORMATION OFFERED OR PROVIDED BY ANY THIRD PARTIES AND ACCESSED THROUGH THE APP OR BY ANY OTHER MEANS.
UNDER NO CIRCUMSTANCES SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS, DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT YOU HAVE PAID TO ACCESS THE APP. THESE LIMITATIONS SHALL APPLY EVEN IF THE AFOREMENTIONED REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID BY A COURT OF COMPETENT JURISDICTION, THEN ALL WARRANTIES—EXPRESS, IMPLIED, OR STATUTORY—WILL BE LIMITED IN DURATION TO THIRTY (30) DAYS FROM THE DATE YOU FIRST ACCESS THE APP. NO WARRANTIES SHALL APPLY AFTER THIS PERIOD.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE APP.
14. LEGAL COMPLIANCE
You hereby represent and warrant that: (a) you are not situated in a country that is under an embargo imposed by the U.S. Government, or categorized by the U.S. Government as a "terrorist-supporting" country; and (b) you are not on any list of parties restricted or prohibited by the U.S. Government.
15. THIRD PARTY BENEFICIARY
By agreeing to the terms of this Agreement, you recognize and consent that Apple and its subsidiaries are third-party beneficiaries of this Agreement. As such, Apple will possess the right (and will be assumed to have acknowledged this right) to enforce the Agreement as a third-party beneficiary.
16. APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement will be governed by and interpreted in accordance with the laws of England and Wales, where we are registered.
We make no representations that the App is appropriate or available for use in all locations. For those accessing or using the App from jurisdictions other than England and Wales, you do so at your own risk and are responsible for compliance with local laws.
Any disputes or claims arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of England and Wales, without regard to conflicts of law principles.
You agree to waive your right to participate in any class action against us.
Dispute Resolution: Both parties shall make good faith efforts to resolve any disputes, controversies, or claims that may arise concerning the execution, termination, or invalidation of this Agreement through negotiations. If a party has any claims or disputes, they must send a notice to the other party outlining the issues at hand. If the dispute or claim cannot be resolved through negotiation, it will be settled in a court of competent jurisdiction in England and Wales.
17. TERMINATION
We reserve the right to terminate this Agreement at any time and for any reason.
Upon termination of this Agreement:
- All rights and licenses granted to you under this Agreement will immediately cease;
- You are required to discontinue all use of the App.
18. SEVERABILITY
Should any provision of this Agreement be found invalid or unenforceable for any reason, the remaining provisions will continue to be effective, unimpaired by the unenforceable term. The invalid or unenforceable provision will be considered amended to be valid and enforceable to the maximum extent permitted by law.
You may not assign this Agreement or any rights or obligations contained herein without our prior written consent. Any attempt to do so without consent will be null and void. We may assign this Agreement without requiring your consent, and the terms will be binding upon any assignees.
19. CONTACT INFORMATION
Should you require support or have any questions regarding this Agreement or the App, you may reach out to us via email at support@songsynth.com or visit https://songsynth.com/support
We reserve the right to respond to any support requests or inquiries.