Terms of Service

Effective Date: March 1st, 2025

1. Acceptance of Terms

By accessing and/or using Musikk.ai (the “Service”), you (the “User”) agree to be bound by these Terms of Service (“Terms”) and all applicable laws and regulations. If you do not agree, do not use the Service.

2. Definitions

a. “Service” refers to the SaaS platform operated by Musikk.ai that generates MIDI files based on user input and provides download capabilities subject to subscription.
b. “User” means any individual or entity accessing or using the Service.
c. “Subscription” denotes the paid service tier permitting the download of generated MIDI files.
d. “Content” includes any user-generated data, MIDI files, input data, or other materials submitted by Users.

3. Eligibility

Users must be of legal age in their jurisdiction or have obtained parental/guardian consent. By using the Service, you represent and warrant that you are eligible to enter into these Terms.

4. Account Registration and Subscription

a. Registration: Users may be required to create an account and provide accurate, current, and complete information.
b. Subscription: Access to downloadable MIDI files requires an active subscription. Payment terms, renewal, and cancellation policies shall be as detailed during the subscription process and are incorporated herein by reference.

4.1. Subscription Payment Terms with External Providers

In the event that you purchase a subscription, you acknowledge and agree that your payment transaction will be processed by an external third-party payment service provider. Such transactions are subject to the additional terms and conditions imposed by the external payment party, which may include, without limitation, their privacy policy, refund policy, and other related terms. By completing your subscription purchase, you expressly consent to such additional terms. Musikk.ai is not responsible for any issues arising from transactions processed by the external payment service provider.

4.1.1 Order processing

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

4.2. Refund Policy

All subscription purchases are non-refundable, except as required by applicable law. In jurisdictions where consumer law mandates a refund for digital subscriptions, such refunds will be provided in accordance with those legal requirements. By purchasing a subscription, you acknowledge and agree to this no-refund policy.

5. Grant of License

Subject to these Terms, Musikk.ai grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your personal or internal business purposes.

6. Intellectual Property

a. All intellectual property rights in and to the Service, including but not limited to software, design, and generated content, are owned by Musikk.ai or its licensors.
b. Nothing in these Terms shall confer any right of ownership in any intellectual property to the User.

7. User Content

a. Users retain ownership of the original input provided to the Service.
b. By submitting input, you grant Musikk.ai a worldwide, royalty-free license to use, modify, and display the resulting MIDI files solely for the operation, improvement, and promotion of the Service.

7.1. License for Generated and Downloaded Works

Any works generated by the Service and subsequently downloaded by you (“Generated Works”) are licensed on a royalty-free basis for both personal and commercial use. You are permitted to incorporate, modify, and distribute the Generated Works as part of your projects. However, you may not resell, redistribute, or otherwise commercialize the Generated Works as standalone content packs, bundles, or similar products where the primary value is the Generated Works themselves.

8. Prohibited Conduct

Users agree not to:
a. Violate any applicable law or regulation;
b. Interfere with or disrupt the operation of the Service;
c. Attempt unauthorized access to any portion of the Service;
d. Use the Service in any manner that could harm Musikk.ai or its users.

9. Termination

Musikk.ai reserves the right to suspend or terminate your account and access to the Service, in whole or in part, without prior notice for any violation of these Terms or any applicable law. Upon termination, all rights granted to you will immediately cease.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. MUSIKK.AI DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

11. Limitation of Liability

IN NO EVENT SHALL MUSIKK.AI BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF MUSIKK.AI SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESS TO THE SERVICE.

12. Indemnification

You agree to indemnify, defend, and hold harmless Musikk.ai, its affiliates, officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorneys’ fees) arising from your use of the Service or violation of these Terms.

13. Modifications to the Terms

Musikk.ai reserves the right to modify these Terms at any time. Continued use of the Service following any changes constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

14. Governing Law and Dispute Resolution

a. These Terms shall be governed by and construed in accordance with the laws of the United States and applicable EU regulations, without regard to conflicts of law principles.
b. Any disputes arising under or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the applicable jurisdiction, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction.

15. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

16. Entire Agreement

These Terms constitute the entire agreement between you and Musikk.ai with respect to the Service and supersede all prior agreements, understandings, and representations.

17. Contact Information

For any questions regarding these Terms, please contact:

Musikk.ai c/o RuneWright Interactive AS, Oslo, Norway. Business Registration Number 933661113 MVA/VAT
Email: dk@runewright.no