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Terms of Service
Effective Date: November 30, 2025
Welcome to GenerateAIMusic (“we” or “us”). By accessing or using our Services, you acknowledge that you are legally capable of entering into a binding agreement with us and that you accept and agree to be bound by these Terms. Your registration for, access to, or use of our Platform and Services is governed by these Terms of Service, our Privacy Policy, and any other applicable terms, guidelines, or policies that we may publish or update from time to time in relation to your use of the Services (collectively, the “Agreement”). If you have any questions regarding this Agreement, you may contact us using the information provided in Section 14.
1. General Terms and Conditions
(a) Subscriptions and Fees
Different pricing plans and policies apply to different Services. For free Services, any songs you generate may only be listened to within the Platform and cannot be downloaded, edited, or otherwise manipulated. We also reserve the right to delete any free-generated content after three months. If you purchase a subscription, the following terms apply:
(i) Auto-Renewing Subscriptions: Each purchase constitutes a recurring subscription. By completing your subscription purchase, you agree to the automatic renewal service. If you wish to discontinue automatic renewal for the next billing period, you must cancel your subscription via the Account page before the current subscription term ends.
(ii) Recurring Charges: By subscribing, you authorize third-party payment processors (e.g., Stripe, subject to the payment channels supported by the Platform) to process your subscription renewal payments. Renewal fees will be charged based on the monthly or annual price of your initial subscription (including applicable taxes). For example: If you subscribe to a Standard Monthly Plan on August 20, your subscription will automatically renew and be charged on September 20 unless you cancel the renewal, and the subscription credits and services will be granted. Additional terms and conditions may apply during renewal, and subscription prices may be updated at any time. You may download your subscription invoices from the Account page.
(iii) Cancellation: If you wish to cancel an ongoing subscription, you may do so through the Account page.
(iv) Credit Reset: Regardless of whether you purchase a monthly or annual subscription, subscription credits are issued on a monthly basis. Please note that credits reset each month.
For example, if you purchased a Basic Monthly Plan (including 500 credits) and still have 100 unused credits at the end of your billing cycle:
- Scenario 1: If your subscription is not canceled, the remaining 100 credits will reset to zero, and new subscription credits will be issued.
- Scenario 2: If you have canceled your subscription, the remaining 100 credits will reset to zero and no new credits will be issued.
We do not provide compensation or refunds for unused credits that are automatically reset to zero.
(b) Refund Policy
(i) All subscription purchases are final, non-refundable, and non-transferable, unless the services are not provided or contain a material defect.
(ii) For additional inquiries, you may contact our customer support team at: [email protected]
(iii) Please include your registered email address and a detailed description of your issue in your message.
(c) Changes to this Agreement
We may modify this Agreement at any time without prior notice. However, for any material changes that may affect you, we will make reasonable efforts to notify you in advance, including by publishing an updated version of the Agreement. You may be required to accept the updated Agreement to continue using the Services. Unless stated otherwise, all amendments take effect immediately upon publication. Your continued use of the Services after the effective date of the updated Agreement constitutes your acceptance of the modified terms. If you find any changes to this Agreement or the Services unacceptable, your sole and exclusive remedy is to stop accessing or using the Services. This Agreement applies to all updates to the Services unless a separate license or revised agreement accompanies such update, in which case the latter will prevail. Notwithstanding the foregoing, no amendments to this Agreement shall apply to disputes arising prior to the effective date of such amendments.
(d) Privacy Policy
Your access to and use of the Services are also governed by the GenerateAIMusic Privacy Policy, which is incorporated into this Agreement by reference.
(e) Jurisdictional Considerations
The Services are controlled and operated from our office in Hong Kong. Users who choose to access or use the Services are responsible for complying with all applicable local laws as well as the laws of the jurisdiction in which the Services operate. Access to the Services is strictly prohibited from jurisdictions where the content or conduct associated with the Services is deemed illegal, unauthorized, or subject to penalties.
(f) Eligibility
The Services are not available to any users whose access has previously been suspended or terminated by us. To protect minors’ privacy and personal data:
(1) For users in the United States: The Services are not available to individuals under 13 years old (and paid Services are not available to individuals under 18 years old). If you are under 13, you may not access or use the Services without the consent of a parent or legal guardian.
(2) For users in other regions: Where required by local laws, we will obtain parental or legal guardian consent before processing the personal data of minors. Please also note that paid Services and social networking features are not available to users who do not meet the minimum age requirements applicable to their country or region.
(g) Additional Terms
We may require you to agree to additional terms and/or policies (“Additional Terms”) related to specific aspects of the Services. All such Additional Terms are incorporated into and form part of this Agreement. In the event of any conflict or inconsistency between this Agreement and the Additional Terms, this Agreement shall prevail, but only to the extent of such conflict or inconsistency.
2. Registration and Account
(a) Account Registration
You may browse publicly accessible portions of the Services without registering; however, to access the full functionality of the Services (including eligibility to become a creator), you must register an account with us (the “Account”). For your convenience, you may also choose to register or sign in to GenerateAIMusic using a third-party platform account (such as Google or Facebook). When you do so, we will create a GenerateAIMusic Account linked to the credentials of your third-party platform account.
(b) Account Security
You are responsible for maintaining the security of your Account and for all activities that occur under your Account. If you suspect or become aware of any unauthorized use of your Account or any other security breach related to your Account, you should notify us immediately using the contact information provided in Section 14. Until you notify us of such unauthorized use or compromised credentials, we are not liable for any loss or damage arising from the unauthorized use of your Account. Access to External Sites (as defined in Section 6 below) may require separate login credentials.
(c) Accuracy of Information
When creating an Account, you must provide true, accurate, current, and complete information as requested. You agree to promptly update your information to maintain its truthfulness and accuracy. We reserve the right, at our sole discretion and when deemed appropriate, to restrict, cancel, delete, or reassign specific usernames or profile URLs. If we determine, at our sole discretion, that your Account has engaged in conduct that violates this Agreement, harms or interferes with the Services, infringes or violates any third-party rights, harms or negatively impacts the reputation of GenerateAIMusic, or violates any applicable law or regulation, we may suspend or terminate your Account without prior notice.
3. Intellectual Property
(a) License
Subject to your full and ongoing compliance with this Agreement, we grant you a revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Services solely for your personal, non-commercial purposes and strictly in accordance with this Agreement.
(b) Service Content
Except for User Content, all content that we make available on or through the Services (including, without limitation, text, graphics, photographs, software, and interactive features) may be protected by copyright and other intellectual property rights and is owned by us or our third-party licensors (collectively, “GenerateAIMusic Content”). We also exclusively own all design rights, database rights, compilation rights, and other intellectual property rights (registered or unregistered), as well as any associated goodwill, related to the Services.
(c) Trademarks
The GenerateAIMusic trademarks, service marks, and logos displayed on the Services (“GenerateAIMusic Marks”) are registered or unregistered marks owned by GenerateAIMusic. Other product and service names displayed on the Services may constitute trademarks or service marks of third parties (“Third-Party Marks,” and together with the GenerateAIMusic Marks, the “Marks”). Unless permitted by applicable law, you may not use the Marks in any manner that disparages GenerateAIMusic or any third party, or in any manner that could reasonably be expected to harm the goodwill associated with the Marks. You may not use any Mark as part of a link to or from any service without our prior express written permission. All goodwill generated from the use of any GenerateAIMusic Marks shall inure exclusively to us.
(d) Reservation of Rights
All rights not expressly granted to you under this Section are reserved. Nothing in this Agreement or within the Services shall be construed as granting, by implication, estoppel, or otherwise, any additional license or right relating to the Services, GenerateAIMusic Content, or the Marks.
(e) Output Content
If you have purchased credits or subscribed to a paid plan, you own all rights, title, and interest (including all intellectual property rights, if any) in and to the AI-generated music and other audio content produced by GenerateAIMusic based on your instructions and User Content (“Output Content”). If you are a free-tier user, all rights, title, and interest in and to the Output Content generated through the Services remain with us. Subject to your compliance with this Agreement, we grant you a license to use such Output Content solely for lawful, internal, and non-commercial purposes, provided that you credit GenerateAIMusic as the source in each instance of use.
You acknowledge and agree that you grant us an unrestricted, transferable, sublicensable, irrevocable, royalty-free, worldwide license to reproduce, distribute, publicly display, publicly perform, transmit, make available, create derivative works from, retransmit from external sites, and otherwise use (collectively, “Use”) all or any portion of the Output Content you generate, in any media or format now known or developed in the future, for any purpose, including but not limited to:
(i) making such content available to other users of the Services for listening, distribution, or other uses expressly enabled by the Services when you choose to publish such content; and
(ii) commercial use. You further grant us a royalty-free license to use your username, image, voice, and likeness (as applicable) to identify you as the provider of the Output Content. You agree to comply with all applicable laws and platform policies, including disclosure or labeling requirements when Output Content is AI-generated. For the avoidance of doubt, the rights granted to us under this subsection include, without limitation, the rights to reproduce sound recordings (and mechanically reproduce the underlying musical works), publicly perform, and publicly transmit sound recordings (and the underlying musical works), all on a royalty-free basis. This means you grant us the right to use your Output Content without us owing royalties to any third party.
(f) Due to the nature and characteristics of artificial intelligence and machine learning, Output Content you generate may be similar to music or other works generated by other users on our platform. We do not guarantee that the Output Content you receive will be unique.
(g) You acknowledge and understand that, due to the unique and complex nature of generative AI (AIGC) technologies and the uncertainties in copyright laws, we do not guarantee that Output Content generated through the Services is eligible for copyright registration. You accept and voluntarily assume all legal risks associated with such uncertainties, including the inability to register copyright and any adverse changes in applicable laws and regulations.
4. User Content
(a) Rights to User Content
“User Content” means any recordings, audio files, video files, text, voice data, music, images, or other content or materials that you upload, post, generate through the Services, or otherwise provide (collectively, “generate” and its grammatical variants) to the Services. You represent and warrant that you own all rights in and to such User Content (including, without limitation, all copyrights and personality rights contained therein), or that you have obtained all necessary rights, licenses, permissions, or legal exceptions to use such User Content for the intended purposes. As a condition of your access to and use of the Services, the User Content you generate must not infringe any intellectual property rights, personality rights, or other legal rights. We reserve the right, at any time and without notice, to remove, disable access to, and/or terminate your User Content that infringes or is alleged to infringe any intellectual property rights, personality rights, or any other legal rights, and/or to terminate your account. You further represent and warrant that:
(i) you own the User Content you generate on or through the Services, or you have all necessary rights and licenses to use such User Content and to grant the licenses set forth in this Agreement;
(ii) your provision and use of User Content on or through the Services does not infringe the privacy rights, personality rights, copyrights, or any other rights of any person (including individuals appearing in your User Content);
(iii) your User Content does not require us to obtain any additional license, or pay any royalty, fee, compensation, or other payment, or provide attribution to any third party; and
(iv) your User Content does not result in a breach of any contract between you and any third party.
You agree to pay all amounts owed to any individual arising from your provision of User Content on the Services. Subject to the ownership provisions regarding Output Content, GenerateAIMusic Content, and any pre-existing third-party rights contained within your User Content (including GenerateAIMusic Content), you retain whatever rights you may hold in your User Content. Providing User Content to the Services does not transfer your rights or affect your status as the copyright owner.
(b) License to User Content
By generating User Content on or through the Services, you grant us an unrestricted, transferable, sublicensable, revocable, royalty-free, worldwide license to use all or any portion of your User Content, in any media or format now known or later developed, for purposes including but not limited to:
(i) promoting, marketing, and advertising GenerateAIMusic and the Services;
(ii) making such User Content available to other users of the Services for listening, distribution, or other uses expressly enabled by the Services when you choose to publish that content;
(iii) providing the Services as authorized under this Agreement;
(iv) other commercial purposes, if applicable.
You further grant us a royalty-free license to use your username, image, voice, and likeness (as applicable) to identify you as the provider of the User Content. You may not generate through the Services, nor transmit to us, any User Content that you consider confidential or proprietary. Any User Content you generate to or through the Services will be deemed non-confidential and non-proprietary. We may use such User Content in accordance with this Agreement without notice to you and without liability to you.
For the avoidance of doubt, the rights granted to us under this subsection include, without limitation, the rights to reproduce sound recordings (and mechanically reproduce the underlying musical works), publicly perform, and publicly transmit sound recordings (and the underlying musical works), all on a royalty-free basis. This means that you grant us rights to use your User Content without us owing royalties to any third party.
(c) Audience-Facing Rights
All rights you grant under this Agreement are audience-facing rights. This means that owners or operators of external websites shall not bear any separate liability to you or any third party for the use or display of User Content generated through the Services on such external websites.
(d) Review of User Content
We provide functionality that allows users to generate or transmit User Content through the Services. We do not pre-screen User Content, but we reserve the right, at any time and without notice, to remove, prohibit, block, or disable any User Content that:
(i) we determine violates this Agreement or applicable laws, or constitutes Prohibited Content; or
(ii) is subject to a complaint submitted by another user, any licensor of GenerateAIMusic Content, or any governmental authority.
We disclaim all liability relating to any User Content. Without limiting the foregoing, we also have the right (but not the obligation) to take remedial action against any Prohibited Content provided on the Services, as further described in Section 4(f) below. We do not guarantee the accuracy, completeness, suitability, or availability of any User Content, and to the maximum extent permitted by applicable law, we disclaim all liability for any User Content.
(e) Prohibited Content
You shall not, and you agree not to, generate any User Content through the Services that is or may reasonably be construed as:
(i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, objectionable, obscene, offensive, pornographic, shocking, threatening, fraudulent, unlawful, violent, vulgar, involving child exploitation, invasive of privacy (including bodily privacy), insulting or harassing based on gender, offensive on racial or ethnic grounds, related to money laundering or gambling or encouraging such activities, or otherwise inconsistent or incompatible with applicable laws;
(ii) promoting any product, goods, or services, or promoting prejudice, discrimination, hatred, intolerance, racism, or incitement of violence (including self-harm);
(iii) content that you do not have the right to use;
(iv) content that harms or could harm minors in any way;
(v) content that is deceptive or misleading;
(vi) content that threatens national unity, integrity, defense, security, or sovereignty, damages foreign relations, disrupts public order, incites any punishable offense, interferes with investigations, or insults other nations;
(vii) content that is demonstrably false and created or disseminated to harass, mislead others for financial gain, or cause harm, or content that is false or misleading but could reasonably be interpreted as factual when knowingly and intentionally disseminated;
(viii) content that infringes any patent, trademark, copyright, other proprietary rights, rights of publicity/personality, or any other legal rights.
All determinations are made by us in our sole discretion (collectively, “Prohibited Content”).
Generating Prohibited Content may expose you to third-party claims, and none of the rights granted to you under this Agreement shall be used as a defense against such claims. You further agree not to use the Services for unlawful purposes, including but not limited to impersonating others, committing fraud, stalking other users, or encouraging self-harm or violence. If you encounter Prohibited Content on the Services, please notify us immediately via Section 14 (“Contact Us”) or through any reporting functions within the Services.You acknowledge that our reporting mechanisms are provided solely for convenience, and we have no obligation to remove or take any action regarding content you report. However, we may, in our sole discretion, take any actions we deem necessary or appropriate, including but not limited to warnings, suspending or terminating accounts, removing User Content, and/or reporting such users directly or indirectly to law enforcement.
(f) Disclaimer
For the avoidance of doubt, we disclaim all responsibility and liability for any unauthorized use of User Content by any user or third party.
5. Restrictions on Use of the Services
(a)In addition to the other restrictions set forth in this Agreement, you agree that you will not engage in any of the following activities when using the Services:
(1) Copying any content on or provided through the Services without authorization.
(2) Using any device, software, or routine to interfere or attempt to interfere with the proper functioning of the Services or any activity conducted on the Services.
(3) Attempting to decipher, decompile, disassemble, reverse-engineer, or otherwise derive any source code or underlying ideas or algorithms of any software forming part of the Services.
(4) Removing, altering, or tampering with any material generated on the Services by GenerateAIMusic or any other person or entity without authorization.
(5) Embedding links to or linking from any materials or information provided on the Services.
(6) Tampering with, corrupting, damaging, or otherwise circumventing any approved software or systems used to provide the Services.
(7) Using any trademarks, service marks, design marks, logos, photographs, or other content belonging to GenerateAIMusic or obtained from the Services.
(8) Accessing, altering, or using non-public areas of the Services, GenerateAIMusic’s (or its hosting providers’) computer systems or infrastructure, or our technical delivery systems.
(9) Providing us with any false, misleading, or inaccurate personal information.
(10) Misrepresenting your identity or impersonating any other person or entity in any manner.
(11) Creating a new GenerateAIMusic account without our express consent if your previous account has been disabled by us.
(12) Requesting or attempting to request personal information from other users of the Services.
(13) Restricting, inhibiting, or interfering with any other person’s use of the Services; disclosing personal information about any third party obtained via the Services without their consent; collecting information about users of the Services; or threatening, harassing, intimidating, or coercing any user.
(14) Using the Services for any commercial or unauthorized purpose without our express consent, including distributing or assisting in the distribution of commercial advertisements, solicitations, or spam.
(15) Accessing the Services, other users’ accounts, names, or personally identifiable information, or accessing any other computers or websites connected to the Services, without authorization.
(16) Uploading or posting any viruses, worms, spyware, or other malicious code, files, or programs that are intended to or may damage, disable, overload, impair, hijack, or otherwise interfere with any hardware, software, telecommunications equipment, or any aspect of the Services or connected communication networks.
(17) Interfering with or disrupting the Services, networks, or servers connected to the Services, or violating any rules, regulations, or procedures of such networks or servers.
(18) Generating any Improper Content and/or any User Content that violates this Agreement, or using the Services to create, distribute, or promote content that is obscene, defamatory, derogatory, invasive of privacy, infringing of publicity or personality rights, abusive, harassing, threatening, or otherwise objectionable or harmful.
(19) Violating any applicable laws, regulations, or the terms of this Agreement.
(b)You understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, or objectionable. To the fullest extent permitted by applicable law, you hereby waive any legal or equitable rights or remedies you have or may have against us with respect to such content. You further agree to indemnify and hold us, our owners, operators, affiliates, licensors, and licensees harmless from and against all matters arising out of or related to your use of the Services.
6. External Websites
The Services may contain links to third-party websites (“External Websites”) or features that enable the sharing of information with third-party websites. We do not endorse any External Websites or any content, products, or services provided on such External Websites. All External Websites and any content available on them are developed and provided by third parties. If you have any questions regarding the content on an External Website, you should contact the operators of that External Website directly. We are not responsible for the content of any External Website and make no representations regarding the accuracy, quality, legality, or safety of any materials found on such sites. You should use appropriate precautions when downloading files from any website to protect your computer and mobile devices from viruses, malware, or other destructive programs. If you choose to access any External Website, purchase any content from an External Website, or subscribe to any services offered by such External Websites, you do so entirely at your own risk. You agree that we shall not be liable for any disputes, losses, damages, liabilities, or risks arising out of or relating to your use of, participation in, exposure to, or interaction with any External Website.
7. Feedback
Although we continuously develop and evaluate our own product ideas and features, we recognize that our Services may not always be perfect. We therefore welcome your feedback, comments, and suggestions. By submitting any feedback, comments, or suggestions to us (collectively, “Feedback”), you agree that:
(a) We have no obligation to review, consider, or implement your Feedback, nor to return all or any part of the Feedback to you for any reason;
(b) Feedback is provided on a non-confidential basis, and we have no obligation to keep any Feedback confidential or to refrain from using or disclosing such Feedback in any manner;
(c) You irrevocably grant us a perpetual, unrestricted, worldwide, royalty-free license to reproduce, distribute, create derivative works from, modify, publicly perform (including perform in a public-facing manner), publicly transmit, make available, publicly display, and otherwise use and exploit the Feedback and any derivative works thereof for any purpose, without payment or attribution to you.
8. Notice and Procedure for Copyright or Other Intellectual Property Infringement Claims
(a) Respect for Third-Party Rights
We respect the intellectual property rights of others and place great importance on intellectual property protection. We expect our users to do the same. Infringing activities on or through the Services will not be tolerated.
(b) Repeat Infringer Policy
Our intellectual property policy is as follows:
(i) Upon receiving a notice from an intellectual property owner or its authorized agent, if we, in good faith, determine that any material made available through the Services infringes a third party’s intellectual property rights, we may remove or disable access to such material; and
(ii) remove any User Content generated by a “Repeat Infringer.” A “Repeat Infringer” means any user who generates User Content or Feedback through the Services and for whom we have received more than two takedown notices relating to such User Content or Feedback. However, we reserve the right to terminate any user’s account after a single infringement notice or at our sole discretion.
(c) Procedure for Submitting Infringement Claims
If you believe that any content available on or through the Services infringes intellectual property that you own or control, or has been incorrectly identified as infringing such rights, you must send a written infringement notification to [email protected]containing the following information. We may share your notification with the user alleged to have infringed your intellectual property, and you hereby consent to such disclosure.
Your notice must include:
(1) A physical or electronic signature of the intellectual property owner or a person authorized to act on their behalf;
(2) Identification and description of the work or other intellectual property that you claim has been infringed, along with proof of ownership such as a copy of the work;
(3) Identification of the material you claim to be infringing, along with sufficient information to allow us to locate it within the Services;
(4) Your address, telephone number, and email address;
(5) A statement that you have a good-faith belief that the disputed material is not authorized by the intellectual property owner, its agent, or applicable law;
(6) A statement that the information in the notice is accurate and that you are the intellectual property owner or authorized to act on their behalf.
(d) Upon receiving a notice that meets the above requirements, we may remove or disable access to the allegedly infringing content.
(f) Counter-Notification
If you receive a notice from us regarding alleged infringement, you may submit a “Counter-Notification.” To be effective, a Counter-Notification must be in writing and sent to [email protected], containing:
(1) Your physical or electronic signature;
(2) Identification of the User Content that was removed or disabled, and the location of the material prior to removal or disabling;
(3) A statement that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification;
(4) Your name, address, telephone number, and email address.
You should consult with legal counsel regarding your obligations when submitting a valid Counter-Notification under applicable copyright laws.
(g) Restoration of Content After Counter-Notification
If you submit a Counter-Notification, we will provide a copy of your Counter-Notification to the party who submitted the original infringement claim and inform them that we will restore the removed User Content or Feedback, or cease disabling access to it, within ten business days. Unless we receive notice from the claimant that they have initiated legal action seeking a court order to restrain the alleged infringement, we will reinstate the removed User Content or Feedback and cease disabling access to it within fourteen days after receiving the Counter-Notification.
(h) False Claims or Counter-Notifications
Any person who knowingly makes a material misrepresentation that:
(1) User Content is infringing, or
(2) User Content was removed or disabled due to mistake or misidentification, shall be liable for any damages incurred by any party as a result of such misrepresentation. We reserve the right to seek damages from any party that submits infringement notices or Counter-Notifications in violation of applicable law.
9. Limitation of Liability and Disclaimers
This Section applies to the fullest extent permitted by applicable law:
(a)Neither we, our affiliates, nor any of our respective officers, directors, employees, agents, suppliers, or licensors (collectively, the “GenerateAIMusic Parties”) make any warranties or representations regarding the Services or any content made available through the Services, including without limitation their accuracy, reliability, completeness, suitability, timeliness, or credibility. The GenerateAIMusic Parties are not responsible for the truthfulness, accuracy, or completeness of any content on the Services or any other information communicated to any user, nor for any errors, inaccuracies, or omissions therein, nor for any delays or interruptions in data or information streams (regardless of the cause).As a user, you acknowledge and agree that you use the Services and any content therein at your own risk. You are solely responsible for all content you generate through the Services.
(b)The GenerateAIMusic Parties do not warrant that the Services will operate without error, or that the Services or any content therein will be free of computer viruses or similar contamination or destructive features. If your use of the Services or any content results in the need for servicing or replacing equipment or data, no GenerateAIMusic Party shall be liable for any such costs.
(c)The Services and all content provided through the Services are made available strictly on an “as is” and “as available” basis, without any warranties of any kind.Accordingly, the GenerateAIMusic Parties expressly disclaim all warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of title, merchantability, non-infringement, and fitness for a particular purpose.
(d)In no event shall any GenerateAIMusic Party be liable for any special, indirect, punitive, incidental, or consequential damages, lost profits or damages resulting from data loss or business interruption, arising out of or relating to your use of, or inability to use, the Services or any content therein, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if such GenerateAIMusic Party has been advised of the possibility of such damages.In all cases, the maximum aggregate liability of GenerateAIMusic and all other GenerateAIMusic Parties to you or any third party shall not exceed the greater of the subscription fees you have paid to us, or USD 100.
(e)You acknowledge that GenerateAIMusic is not responsible for any third-party content or for any defamatory, offensive, or unlawful conduct of any third party, and that the risk of harm or damage arising from such conduct rests entirely with you.
10. Third-Party Disputes
To the fullest extent permitted by applicable law, any dispute between you and any third party arising out of or relating to your use of the Services—including without limitation disputes with any carrier, copyright owner, or other users—shall be resolved solely between you and such third party. You irrevocably release us from any and all claims, demands, and damages (actual or consequential) arising from or in any way connected with any such dispute.
11. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the GenerateAIMusic Parties from and against any claims, actions, or demands (including, without limitation, reasonable legal and accounting fees), arising out of or resulting from:
(a) your violation of this Agreement;
(b) your access to, use of, or misuse of the GenerateAIMusic Content or the Services; or
(c) your User Content.
We will notify you of any such claim, action, or legal proceeding brought against us.
12. Term and Termination
(a) Term
The term of your relationship with us begins on the date you first access or use the Services and continues until terminated by you or GenerateAIMusic in accordance with this Agreement.
(b) Termination
You may terminate this Agreement at any time by sending us a notice using the contact methods set forth in Section 14 and ceasing all use of the Services. If you wish to delete any of your User Content from the Services, you may do so through the functionality provided on the Website; however, such deletion of User Content does not terminate this Agreement. If you violate any provision of this Agreement or infringe the rights of any third-party copyright holder of musical works or sound recordings, we reserve the right, at our sole discretion and without prior notice or liability, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Services at any time. We may also terminate this Agreement immediately, without notice, for any other reason, by sending notice to the email address associated with your account. Furthermore, we reserve the right to modify, suspend, or discontinue all or any part of the Services at any time, without prior notice or liability.
13. Miscellaneous
(a) This Agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law provisions. Any dispute, controversy, or claim arising out of or in connection with this Agreement (including any questions regarding its existence, validity, or termination) shall be submitted to the Hong Kong International Arbitration Centre (HKIAC) for arbitration in accordance with the HKIAC Administered Arbitration Rules then in effect, which are incorporated herein by reference. The seat of arbitration shall be Hong Kong.
(b) You agree that this Agreement and your use of the Services shall not create any joint venture, partnership, employment, or agency relationship between you and us.
(c) You further acknowledge that, by generating User Content, no other confidentiality, fiduciary, contractual, or implied obligations arise between you and us beyond those expressly stated in this Agreement.
(d) If any court of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable, such provision shall be severed from this Agreement, and the remaining provisions shall remain in full force and effect.
(e) Our failure to exercise or enforce any provision of this Agreement shall not be deemed a waiver of that provision or any other provision of this Agreement.
(f) Unless expressly agreed otherwise in writing, this Agreement constitutes the entire agreement between you and us regarding the subject matter hereof and supersedes all prior or contemporaneous written or oral agreements between the parties regarding the same subject matter.
(g) The section headings in this Agreement are for convenience only and shall have no legal or contractual effect.
(h) You may not assign or transfer this Agreement or any rights or licenses granted hereunder, directly or indirectly, without our prior written consent. We may freely assign this Agreement, including all rights hereunder.
14. Contact Us
If you have any questions regarding this Agreement or the Services, please contact us at [email protected].