Terms of Service

1. Provider & Scope
These Terms of Service ("Terms") govern your use of the Songbrain web application at app.songbrain.ai and the related public website at songbrain.ai (together, the "Service"), operated by:

Leon Ulicnik
songbrain ai / Smoke-Oh Studios
Bahnhofstr. 27, 24837 Schleswig, Germany
Email: info [at] songbrain [dot] ai

By creating an account or using the Service, you agree to these Terms and to our Privacy Policy.

2. Account Registration
To use the Service you need a Songbrain account. You agree to provide accurate information and to keep your credentials secure. You are responsible for all activity under your account. You may register only if you are at least 16 years old (or older if your local law requires a higher age of digital consent).

3. Closed Beta — Availability & Changes
The Service is currently a closed beta. We do not guarantee uptime, response times, or that any specific feature will remain available. Features may be added, modified, or removed during the beta. We will provide reasonable notice for material changes that affect existing accounts.

4. Acceptable Use
You agree to use the Service in accordance with applicable law and not to:

• upload audio for which you do not hold sufficient rights (e.g. tracks you did not create or are not licensed to distribute for analysis);
• attempt to circumvent rate limits, authentication, or technical protection measures;
• use the Service to generate, distribute or amplify content that is unlawful, defamatory, infringing, or harmful to third parties;
• scrape, mass-extract, or resell our data, models or analysis outputs without our prior written consent;
• interfere with or disrupt the integrity or performance of the Service.

5. Your Content & Rights to Audio
You retain all ownership and intellectual property rights in audio files, lyrics, metadata and other content you upload ("User Content"). By uploading User Content to the Service you grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, process, and analyze that content for the sole purpose of providing the Service to you (e.g. running the analysis pipeline, displaying the results, and — if you opt in — including the resulting track metadata in our curated leaderboards).

We do not use your raw audio for AI model training, regardless of any consent setting. Anonymized analysis results may be used for training only if you explicitly opt in (see section 3(j) of the Privacy Policy).

6. Credits & Payments
Some Service features (such as song analyses) consume credits. Free credits are granted at signup or on a recurring basis based on your account tier; additional credits may be purchased through our payment processor LemonSqueezy.

Digital content notice. Purchased credits are digital content delivered immediately upon purchase. By starting to use a purchased credit you expressly consent to the immediate provision of the digital content and acknowledge that your right of withdrawal under § 356 (5) BGB lapses upon such use. Unused credits remain valid as long as your account is active.

We are a small business under § 19 UStG (Kleinunternehmer) and do not charge VAT.

7. Curated Spotify Playlists
When your track qualifies for a curated Spotify playlist (based on the analysis results, your account tier, and your song's public availability on Spotify), we may add the Spotify track ID to the corresponding playlist. We do not pay for placement and we do not guarantee that any specific track will be added, remain on, or be reordered within any playlist. Curation is at our discretion and based on the algorithmic ranking described in the leaderboard.

8. AI-Generated Outputs & Analysis Results
Songbrain's scores, classifications, "best moments" and recommendations are produced by automated analysis (audio feature extraction, machine-learning classifiers, and large language models for text-based interpretation). They are estimates, not guarantees of commercial performance, virality, or artistic quality. You are solely responsible for any decisions you make based on these outputs.

9. Limitation of Liability
To the extent permitted by applicable law, our liability is limited as follows:

• We are liable without limitation for damages arising from injury to life, body or health, for damages caused by intent or gross negligence, and for any liability that is mandatory under the German Product Liability Act (Produkthaftungsgesetz).
• For damages caused by simple negligence, we are only liable for the breach of a material contractual obligation (Kardinalpflicht). In such cases liability is limited to the foreseeable damages typical for this type of contract.
• We assume no liability for indirect or consequential damages, loss of revenue, lost opportunities, or for damages arising from business decisions you make based on our analysis outputs.

10. Indemnification
You agree to indemnify and hold us harmless from any third-party claim arising from your User Content or from your breach of these Terms, including reasonable legal costs.

11. Termination
You may terminate your account at any time via the Account settings ("Delete account") or by emailing info [at] songbrain [dot] ai. We may suspend or terminate your account if you materially breach these Terms, with notice where reasonably possible. Upon termination, your data is deleted as described in section 6 of the Privacy Policy.

12. Privacy & Data Protection
Our processing of personal data is described in our Privacy Policy. By using the Service you acknowledge the processing described there.

13. Changes to These Terms
We may update these Terms from time to time. The current version is always available on this page with the date of the last update at the top. For material changes that affect existing accounts, we will provide reasonable advance notice (e.g. by email or in-app banner).

14. Governing Law & Jurisdiction
These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law does not affect mandatory protections of the law of the country in which you have your habitual residence.

The exclusive place of jurisdiction for any disputes arising from these Terms with merchants, legal entities under public law, or special funds under public law is Schleswig, Germany. For consumers, statutory venue rules apply.

The European Commission provides a platform for online dispute resolution at ec.europa.eu/consumers/odr. We are not obliged and not willing to participate in dispute-resolution proceedings before a consumer arbitration board.

15. Severability
If any provision of these Terms is or becomes invalid or unenforceable, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid provision that comes closest to the economic intent of the invalid provision.

16. Contact
Questions about these Terms? Email info [at] songbrain [dot] ai.

These terms have been drafted for the closed-beta phase of the Service and will be reviewed by qualified legal counsel before the public launch and any general-availability sale of credits.