Last updated: October 7, 2026 (rev. 16)
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 and the developer API at api.songbrain.ai including its MCP server (section 17) (together, the "Service"), operated by:
Leon Ulicnik
songbrain ai / Smoke-Oh Studios
Liebrütistrasse 44, 4303 Kaiseraugst, Switzerland
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 full 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).
Without an account. Your first song can be analysed without an account. Visitors may also analyse and compare up to five songs at /try without an account, subject to a per-IP rate limit. By uploading a file there, you confirm you hold the necessary rights to the audio and grant Songbrain the licence in section 5 for the duration of the demo. The full demo (audio, working copies, generated cover and analysis results) is hard-deleted from our servers 24 hours after upload unless you create an account and claim it within that window. No payment is required and no credits are deducted for the demo itself; generating reels for a claimed demo track costs credits as shown in the app.
3. Service Availability & Changes
We strive for high availability but do not guarantee specific uptime levels, response times, or that any individual feature will remain available indefinitely. Features may be added, modified, or removed as the product evolves. For material changes that affect existing accounts, we will provide reasonable advance notice via email or in-product notification.
4. Acceptable Use
You agree to use the Service in accordance with applicable law and not to:
Support inbox. The Service includes an in-app inbox in which you can send messages to our team and our team can reply. Members of our team with administrator access can read every thread in order to provide support and to investigate misuse of the channel. Threads are retained for 12 months after the last message and then automatically deleted; the details, including the legal basis for processing, are described in section 3(l) and section 6 of our Privacy Policy. Repeated misuse of the inbox may result in suspension or termination of your account under section 12.
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 licence, for the sole purpose of providing the Service to you, to: (a) host, store, reproduce and technically adapt the audio (e.g. resampling, loudness normalisation, excerpting); (b) analyse it and create derived data (features, scores, classifications); (c) transcribe its lyrics and process the transcript; (d) create an acoustic fingerprint of a short excerpt and match it against catalogues of released music; (e) synchronise the recording and lyrics with generated or template visuals into short videos ("reels") and full-length visualizer videos; (f) transmit the content to the sub-processors named in our Privacy Policy to the extent required for (a)–(e); (g) deliver the resulting videos to you for download and, only when you explicitly trigger it, publish them to your own social-media account (section 6); and (h) — if you opt in — include the resulting track metadata in our public leaderboards.
This licence ends when you delete the analysis, the audio files or your account, except for copies that are still being purged from backups (Privacy Policy, section 6) and for the pseudonymised analysis data covered by a separate ML-training opt-in. 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).
Your warranty.You warrant that you own or control all rights in the composition and the recording you upload (or have a licence that covers everything in (a)–(g) above), including the rights needed to publish the resulting video with that music on the platform you choose. If the music was generated with a third-party AI tool, you warrant that your plan with that tool grants you these rights for the use you intend (Suno free-plan output, for example, is licensed for non-commercial use only).
Lyrics of recognised third-party releases. When audio recognition identifies your upload as a released track by an established artist and you have not confirmed that you are its rights holder, we do not store or display the transcribed lyrics of that track; only non-textual metadata (language, word count) is kept. You can delete the stored lyrics of any of your own analyses at any time.
Ownership of generated outputs. To the extent we hold any rights in the analysis reports, generated cover art, reels and videos created for you, we assign them to you upon creation, subject to your compliance with these Terms; where assignment is not possible we grant you a perpetual, worldwide, royalty-free licence to use them for any purpose. AI-generated images and videos may not be protected by copyright in your jurisdiction and similar outputs may be generated for other users; we make no warranty of exclusivity or of non-infringement of third-party rights in AI outputs. Our underlying models, prompts, templates and scoring methods remain ours.
AI-generated artwork. When your upload has no ACRCloud match and no Spotify URL attached, we automatically generate a placeholder album cover using third-party image-generation models (Google Gemini image models, Replicate or fal.ai FLUX). The prompt is built from your analysis metadata only (genre, mood, style) — your audio is never sent. The generated image is non-exclusive Songbrain artwork shown alongside your analysis. You are free to use it for personal promotion of the analyzed song; we make no warranty about third-party rights in the AI output, and the image is automatically replaced with the real cover the moment you paste a Spotify URL.
AI-generated videos & reels. (a) By uploading a song you grant Songbrain the right to render short promotional videos/reels and full-length visualizer videos from your audio and, for that purpose, to transmit derived text prompts and generated still images to third-party AI providers (Google, fal.ai, Replicate, Luma) as described in our Privacy Policy. (b) You retain all rights in your audio; the generated videos may be used by you without restriction for your own promotion. (c) Video generation is blocked when audio recognition indicates that the recording belongs to a different rights holder (copyright gate). If your own release is mis-attributed, you can correct this via the "Fix attribution" dialog. (d) AI image and video providers never receive your audio itself — only prompts and images. Google receives audio only for the analysis described in the Privacy Policy, never for image or video generation. (e) The visuals of storyboard-style reels and of the AI video are AI-generated. Where you publish them, applicable law (e.g. EU AI Act Art. 50) or platform rules may require you to disclose that; once posting through our TikTok integration is available, we will set TikTok's "AI-generated content" label for those templates automatically, and you must not remove such a disclosure where the law requires it.
6. Posting to TikTok & Tracking Your Posts
Not available yet. Posting to TikTok directly from Songbrain is still in TikTok's app review and is not open to users. Until it is, you download your videos and post them yourself. The rules below apply once the feature is switched on.
Connecting TikTok. You can connect your own TikTok account to Songbrain via TikTok's Login Kit. We use the connection only to show you which account you are posting to and to publish videos you explicitly choose to publish. You can disconnect at any time in Settings (which revokes our access at TikTok and deletes the stored tokens), via TikTok's "Manage app permissions", or by deleting your account. Your use of TikTok remains governed by TikTok's own terms.
Posting.Nothing is posted without a click from you. Before each post you choose the caption, the audience (privacy level offered by TikTok for your account), whether comments, duets and stitches are allowed, and whether the post must carry a commercial-content disclosure; you confirm TikTok's Music Usage Confirmation for the audio. We transmit the rendered video file (which contains your song), those settings and the caption to TikTok and then report the publishing status back to you. TikTok processes, moderates and may reject or remove the post under its own rules; we do not guarantee that a post will be published or remain online, and we cannot delete a published post on your behalf — you do that in TikTok.
Your responsibility. You are solely responsible for what you post: that you hold the rights to the music (section 5), that any commercial relationship is disclosed as TikTok and applicable advertising law require, and that the content complies with TikTok's Community Guidelines.
Tracking your posted videos (Performance tab). In the Performance tab you can link the public TikTok, Instagram or YouTube URL of a video you posted with your song, or save your public channel handles so we can find such posts for you. We then read the public performance data of those posts (views, likes, comments, shares) for a limited period to show you how each song moment performed and to improve our scoring. This reads only what the platform makes public; the credit cost, if any, is shown before you submit a link. Details in section 3(i) of the Privacy Policy.
7. 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, Premium subscriptions and Release Passes can be purchased at checkout.
Current prices. At the time of this version: a new account receives 25 free credits once. One song analysis costs 25 credits. Credit packs: 150 credits for $4.99 and 500 credits for $10. Premium costs $19 per month or $180 per year and includes 1,000 credits per billing month, clean 1080p exports without watermark, album upload, the priority queue and free YouTube HD videos. Paid extras: AI video 350 credits; YouTube HD video 150 credits per design (free with Premium); new storyboard version 25 credits; storyboard editor 3 free image re-rolls per song, then 10 credits per image; cover art re-roll 10 credits per try. The price shown in the app or at checkout before you confirm an action or purchase is binding for that action or purchase.
Premium credits. Each time your monthly Premium allowance is granted, your balance is topped up to 1,000 credits (if it is already at or above 1,000, nothing is added). Unused monthly credits therefore do not add up beyond 1,000. If a renewal payment fails, your balance is limited to 50 credits until the payment succeeds; a successful retry restores the full allowance. When Premium ends, the credits on your balance remain, but no further top-ups are made. If a purchase is refunded, the credits it granted are removed (in proportion for partial refunds), but never below a balance of zero.
Merchant of Record. All purchases are sold by Polar Software Inc. ("Polar"), acting as Merchant of Record and reseller of the digital products offered in the Service. Your purchase contract for the payment transaction is therefore concluded with Polar, subject to Polar's own terms; the Service itself is provided by us under these Terms. Polar calculates and charges the VAT or sales tax applicable in your billing country, issues the invoice, and processes any refunds we approve.
Prices and tax. All prices are stated in US dollars and exclude VAT and sales tax. The applicable tax is calculated and added at checkout based on your billing country, and shown before you confirm the purchase. Prices for existing subscriptions remain unchanged for as long as the subscription runs; price changes apply to new purchases only, unless we notify you in advance under section 14.
Digital content notice. Purchased credits are digital content delivered immediately upon purchase. Swiss law does not provide a statutory right of withdrawal for online purchases. Where mandatory consumer law of your country of residence grants a withdrawal right for digital content (e.g. the 14-day right within the EU), you expressly consent to the immediate provision of the digital content and acknowledge that this withdrawal right lapses once you start using a purchased credit or any Premium-gated feature — including downloading a watermark-free or HD render, requesting a full-length YouTube video, rendering an archive template, or having an upload processed through the priority queue. Unused credits remain valid as long as your account is active.
Subscriptions. The Premium subscription is a service that begins immediately upon purchase; by subscribing you expressly request that we start providing it before any withdrawal period expires. Where a mandatory withdrawal right applies and you withdraw before having used any credit or Premium-gated feature, we refund the subscription fee reduced by a proportionate amount for the elapsed part of the billing period. Cancelling a subscription (as opposed to withdrawing) never refunds the current period: you keep Premium benefits until the end of the period already paid for.
When credits are deducted. Credits are deducted at the moment you start an action that costs them (e.g. clicking “Analyse” to upload a song, or confirming an AI video or YouTube HD render) — not at the end of the process. This gives you accurate live feedback on your balance.
Automatic refunds. We automatically credit your account back in any of the following situations: (a) the upload fails server-side (file too large, audio decoding error, LUFS measurement failure); (b) you decline ownership of an ACRCloud-matched commercial track during the review step; (c) you cancel an analysis from the “Analyzing” screen or hard-delete the job before it completes; (d) a worker stage flaps and the job cannot finish after multiple automatic retries (~75 minutes total) — we mark the job as failed and refund you automatically; (e) an AI video or YouTube HD render you paid for fails, gets stuck or is aborted on our side; (f) a video you link in the Performance tab turns out to be less than 7 days old, where that link was charged. Refunds are idempotent: re-clicking cancel never double-refunds. Refunds reverse the original deduction only; they do not refund cash for credits that had been purchased. A video that was delivered stays paid; re-rendering a delivered YouTube HD video after it expired is free. Apart from these automatic refunds and mandatory consumer law, used credits are not refunded.
Songbrain itself is not registered for Swiss VAT (turnover below the threshold of Art. 10 of the Swiss VAT Act, MWSTG). This does not affect the tax Polar charges as Merchant of Record, which is shown separately on Polar's invoice.
8. Curated Spotify Playlists
The curated playlist program is currently paused; no tracks are being added and we make no promise that it will return. If it does, the following applies: 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. Playlist placement is never a paid feature and never a guaranteed outcome of any purchase.
9. 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.
10. Limitation of Liability
To the extent permitted by applicable law, our liability is limited as follows:
11. 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.
12. 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.
13. Privacy & Data Protection
Our processing of personal data is described in our Privacy Policy. By using the Service you acknowledge the processing described there.
14. 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).
15. Governing Law & Jurisdiction
These Terms are governed by Swiss law, 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 Kaiseraugst (Canton of Aargau), Switzerland. For consumers, statutory venue rules apply.
We are not obliged and not willing to participate in dispute-resolution proceedings before a consumer arbitration board. (The EU online dispute resolution platform formerly linked here was shut down by the European Commission on July 20, 2025.)
16. 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.
These additional terms apply when you use the Songbrain API at api.songbrain.ai, including the MCP endpoint ("API"). Everything else in these Terms applies to the API too; where this section is more specific, it prevails.
17.1 Keys. API keys are created in your account settings and belong to that account. Keep them secret and on your server. Every request made with your key counts as yours, including the credits it uses. You can revoke a key at any time; tell us immediately at info [at] songbrain [dot] ai if a key has leaked.
17.2 Prices & billing. Each account gets a number of free songs per calendar month. After that, each song accepted by the API is paid with credits from your account balance (section 7). At the time of this version: 5 free songs per month, then 25 credits per song. The analysis, story and shot plan are all included in that price. Current prices are always published at www.songbrain.ai/api-access and api.songbrain.ai/v1/pricing. Credits are taken when a song is accepted. If its analysis then fails, they are refunded automatically, and a failed free song does not count against the month. Unused free songs do not carry over. A song that was analysed successfully stays paid, even if you delete it later. Price changes apply only to songs submitted after the change has been published. Volume pricing, invoices and service levels need a separate written agreement.
17.3 Your audio and your users. You may only submit audio you hold the rights to, or that you are authorised to submit by whoever holds them. If you submit audio or metadata on behalf of your own users, you are responsible for having a legal basis and for informing them, and you process their data as controller with Songbrain acting as your processor (Privacy Policy, section 3.6). For that processing, our Data Processing Addendum at songbrain.ai/dpa applies and forms part of these Terms. The licence you grant in section 5 is limited, for API submissions, to processing the audio to produce and deliver the result. API audio is never used to train models, never published and never placed on the leaderboard, in playlists or in Viral Radar.
17.4 Using the results (commercial use). API results are the analysis, scores, timings, lyrics, story texts, shot plans and prompts returned for your songs. In plain terms:
Results are produced automatically and may be incomplete or wrong (section 9). You are responsible for what you create from them, including images or videos generated with third-party models from our prompts, and for the terms of those models.
17.5 Fair use & limits. The API has technical limits: file size and length, requests per minute, songs in parallel and songs per day. They are published in the API documentation and may be adjusted to protect the Service. Do not try to get around them, for example with multiple accounts or keys used to multiply the free songs. Do not probe, overload or reverse-engineer the Service. We may throttle or suspend keys that break these rules or put the Service at risk, and if a key is suspended we will tell the account holder by email.
17.6 Availability & changes. There is no guaranteed uptime unless one has been agreed in writing. Responses carry a schema version (songbrain.song/1). We may add fields, endpoints, headers and event types at any time. Breaking changes only ship under a new major version (for example /v2), announced by email to every key owner and in the changelog, with the previous version kept running for at least 6 months. The live service status is at songbrain.ai/status.
17.7 Example data. The example analyses at /v1/examples are of songs written and owned by Songbrain. You may use them to evaluate and test the API. They do not license the songs themselves.
18. Contact
Questions about these Terms? Email info [at] songbrain [dot] ai.
These terms were drafted in-house by the operator and have not yet been reviewed by qualified legal counsel. Where a provision conflicts with mandatory consumer law in your country of residence, that law prevails (section 15).