Release Date of this Terms of Service: July 15, 2024
Effective Date of this Terms of Service: July 15, 2024
Welcome to use Melodio ("we," "us" or "our")! By accessing or using our Services, you confirm that you can form a binding contract with us, that you accept these Terms and that you agree to comply with them. Your registering, accessing or using the Platform or using the Service is subject to this Terms of Service, the Privacy Policy (accessible at [Privacy Policy]) and other applicable terms we may publish and update in connection with your use of the Service from time to time (together, this "Agreement"). To have a copy of this Agreement or if you have any questions about this Agreement, you may also contact Melodio via the information in Section 15.
(a) Consideration. The different pricing and payment policies may apply to different Services. Subject to the pricing and payment policy in effect at the time you access the Service, we may provide you with access to the website, App and/or all or part of the Service free of charge or in consideration of the price as displayed on the page where you need pay to download, purchase, and/or subscribe to the App and/or such Services. In return for enjoying free or credits-based access to the Service, you further acknowledge and agree that we may generate revenues, increase goodwill or otherwise increase the value of we from your use of the Service, and you will have no right to share in any such revenue, goodwill or value whatsoever.
(b) Changes to this Agreement. You understand and agree that we may change this Agreement at any time without prior notice; provided that we will endeavor to provide you with prior notice of any material changes that may apply to you, including through the posting of a revised Agreement that you may be required to accept in order to continue using the Service. You may read a current, effective copy of this Agreement at any time by selecting the appropriate link on the Service. The revised Agreement will become effective at the time of posting unless specified otherwise. Any use of the Service after the effective date will constitute your acceptance of such revised Agreement. If you find any change to this Agreement or the Service unacceptable, then your sole remedy is to stop accessing, browsing and otherwise using the Service. The terms of this Agreement will govern any updates Melodio provides to you that replace and/or supplement any portion of the Service, unless the upgrade is accompanied by a separate license or revised Agreement, in which case the terms of that license or revised Agreement will govern. Notwithstanding the preceding sentences of this Section 1(b), no revisions to this Agreement will apply to any dispute between you and Melodio that arose prior to the effective date of such revision.
(c) Privacy Policy. Your access to and use of the Service is also subject to Melodio's Privacy Policy, the terms and conditions of which are incorporated herein by reference.
(d) Jurisdictional Issues. The Service is controlled and operated by Melodio from its offices in Singapore. Those who choose to access or use the Service are responsible for compliance with the laws of the place where the Service operates and local laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions where the contents or practices of the Service are illegal, unauthorized or penalized is strictly prohibited.
(e) Eligibility. The Service is not for any Users previously suspended or removed from the Service by Melodio. In order to protect the privacy and personal data of minors, (1) for users in the United States, the Service is not for persons under the age of 13 (and not for those under the age of 18 in terms of any paid services) or for any users previously suspended or removed from the Service by us. If you are under 13 years of age, you must not use or access the Service without the consent of your parent or legal guardian. For the Service distributed through mobile application distribution platforms, there may be different restrictions on access to certain services for users under certain ages subject to the youth or rating policies on such distribution platforms. (2) For users in other regions, we will obtain parental or legal guardian’s consent where the local laws in your country or region require before processing minors’ personal data. Please also note, the paid services and social networking functions cannot be used by Users below the minimum age requirement that we have adopted for your country or region. For the Service distributed through website or mobile applications, there may be different restrictions on access to certain services for users under certain ages subject to the youth or rating policies on such distribution platforms.
(f) Additional Terms. We also may require you to agree to additional terms and/or policies that we make available to you from time-to-time in connection with your use of the Service ("Additional Terms"). Any such Additional Terms are hereby incorporated into and subject to this Agreement, and this Agreement will control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency.
(a) Log-In Credentials. While you may always browse the public-facing portions of the Service without registering with us, in order to enjoy the full benefits of the Service, including serving as a Creator, you must register an account with us (an "Account"). To make it easier to use Melodio, you may also choose to register and login to Melodio through your account on a third-party platform (e.g., Apple, Google). In this way, we will create an Account connected to your third-party platform account.
(b) Account Security. You are responsible for the security of your Account, and are fully responsible for all activities that occur through the use of your credentials. You agree to notify Melodio immediately via the contact information in Section 15 if you suspect or know of any unauthorized use of your log-in credentials or any other breach of security with respect to your Account. Melodio will not be liable for any loss or damage arising from unauthorized use of your credentials prior to you notifying Melodio of such unauthorized use or loss of your credentials. Separate log-in credentials may be required to access External Sites (defined in Section 6 below).
(c) Accuracy of Information. When creating an Account, you will provide true, accurate, current and complete information as Melodio requests. You will update the information about yourself promptly, and as necessary, to keep it current and accurate. We reserve the right to disallow, cancel, remove or reassign certain usernames and permalinks in appropriate circumstances, as determined by us in our sole discretion, and may, with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in our sole discretion, would or might constitute a violation of this Agreement, cause damage to or impair the Service, infringe or violate any third party rights, damage or bring into disrepute the reputation of Melodio, or violate any applicable laws or regulations. If messages sent to the e-mail address you provide are returned as undeliverable, then Melodio will confirm with you before terminating and deleting your Account connected to this e-mail address. If you provide confirmation, we may terminate your Account immediately without any liability to you or any third party.
(a) License. Subject to your complete and ongoing compliance with this Agreement, Melodio hereby grants you a revocable, non-exclusive, non-transferable, non-sublicensable, worldwide right and license to access and use the Service solely for your personal, non-commercial use and solely in strict compliance with the provisions of this Agreement. Subject to your compliance with the Agreement, including, without limitation, Section 3 and Section 4, you may use your AI music content generated by Melodio for both personal and commercial purposes, and we permit you to download a copy of your AI music content that consists of audio files for such purposes.
(b) Service Content. Except for User Content, the content that Melodio provides to Users on or through the Service, including without limitation, any text, graphics, photos, software and interactive features, may be protected by copyright or other intellectual property rights and owned by Melodio or its third party licensors (collectively, the "Melodio Content"). Moreover, Melodio solely owns all design rights, databases and compilation and other intellectual property rights in and to the Service, in each case whether registered or unregistered, and any related goodwill.
(c) Marks. Melodio trademarks, service marks and logos (the "Melodio Trademarks") used and displayed on the Service are Melodio's registered and unregistered trademarks or service marks. Other product and service names located on the Service may be trademarks or service marks owned by third parties (the "Third-Party Trademarks," and, collectively with Melodio Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use the Trademarks to disparage Melodio or the applicable third-party, Melodio's or a third-party's products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any Service without Melodio's prior express written consent. All goodwill generated from the use of any Melodio Trademark will inure solely to Melodio's benefit.
(d) Restrictions. Melodio hereby reserves all rights not expressly granted to you in this Section. Accordingly, nothing in this Agreement or on the Service will be construed as granting to you, by implication, estoppel or otherwise, any additional license rights in and to the Service or any Melodio Content or Trademarks located or displayed therein.
(e) (i) The ownership, title and interest in and to the AI music content generated by Melodio (the "Output"), including, without limitation, all intellectual property rights (if any) contained therein, belong to Mureka. Mureka grant you to use the Output as video background music in a synchronized audio and video manner on audio and video platforms. This license is free, non-exclusive, non-commercial, and non-sublicensable, and the license period is one year from the date you obtains the Output through Mureka. If Mureka does not raise any objection before the expiration of the license period, the license period will be extended for one year, et cetera.