Last Updated: March 1st, 2025
These Terms of Service (“Terms”) govern your access to and use of the websites, applications, and services (collectively, the “Service”) provided by BandM8 (“Company,” “we,” “us,” or “our”). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.
Creator Promise (Plain-English)
We built this service to help musicians and creators make music more easily and creatively. You keep ownership of what you put in, and—depending on your plan—you can use what you make, including commercially. We won't claim to be the author of your music, and we aim to be transparent about how the service works and how your content is used. This promise reflects our values and intent, but the legal terms below control how the service operates.
1. What This Service Is
The Service lets you create music and audio using artificial-intelligence tools. You provide inputs (such as text prompts, audio, or musical ideas), and the Service generates music or audio outputs based on those inputs. The Service may change over time. Some features may be free, and others may require a paid subscription.
2. Who Can Use the Service
- You must be at least 13 years old (or the minimum age required by law where you live).
- If you create an account, you are responsible for keeping it secure and for everything that happens under your account.
- You may not create multiple accounts to bypass limits or fees.
3. Your Music and Other Inputs
“Inputs” include any text, audio recordings, melodies, lyrics, prompts, or other material you submit to the Service.
- You keep ownership of your Inputs.
- You promise that you have the rights needed to upload or use Inputs and generate new music or audio based on Inputs.
- By using the Service, you give the Company a worldwide, non-exclusive, royalty free license to use your Inputs to:
- operate and maintain the Service
- generate music or audio for you
- improve and develop our models and features, and support, secure, and promote the Service.
This license does not transfer ownership of your Inputs to us.
4. AI-Generated Music (“Output”)
- Your rights to use Output depend on your subscription plan and applicable law.
- Output may not be unique. Other users may receive similar or identical music due to how AI systems work.
- We do not guarantee that Output is copyrightable, original, or free from third-party claims. The Service and Output are provided to you AS IS.
5. Ownership and Commercial Use
- Free or trial plans typically allow personal, non-commercial use only.
- Paid plans may allow commercial use, including distribution, monetization, and licensing, as described at the time of purchase.
- Upgrading plans generally affects future Output only, unless we clearly state otherwise.
You are solely responsible for any registrations, licenses, royalties, or clearances required to publish music created using the Service.
6. What You Cannot Do
You may not use the Service to:
- Create or distribute music or audio that is illegal, infringing, abusive, or harmful
- Upload Inputs or content you do not have the right to use
- Closely imitate a specific artist, song, or recording in violation of the law
- Scrape, reverse engineer, or interfere with the Service
- Use the Service or its Output to train or build competing AI or music-generation systems without permission
7. Copyright and DMCA
We respect the rights of artists and copyright holders. If we receive a valid copyright complaint, we may remove content or suspend accounts. Repeat infringers may have their accounts terminated. DMCA notices should be sent to our designated copyright agent.
8. Payments and Subscriptions
- Paid plans are billed as described at signup and may renew automatically
- Fees are non-refundable, except where required by law
- Payments may be handled by third-party processors, whose terms also apply
9. Ending Your Use of the Service
- You may stop using the Service at any time.
- We may suspend or terminate your access if you violate these Terms, if required by law, or for security or operational reasons.
10. Disclaimers
The Service and all music and audio generated through it are provided “as is” and “as available”. We do not guarantee uninterrupted or error-free operation, that generated output will meet your expectations, or that output will not infringe someone else's rights.
11. Limitation of Liability and Indemnity
To the maximum extent allowed by law, the Company is not liable for indirect, incidental, or consequential damages, including lost profits, lost opportunities, or lost data, arising from use of the Service or its Output.
You indemnify, defend, and hold harmless the Company from and against any and all claims, damages, and expenses arising out of or related to your misuse of the Service or violation of this Agreement.
12. Dispute Resolution and Arbitration
Most disputes will be resolved through binding arbitration, not in court. Claims must be brought individually, not as part of a class or group action. You waive the right to a jury trial where permitted by law.
13. Governing Law
These Terms are governed by the laws of Delaware, USA, without regard to conflict-of-law rules.
14. Changes to These Terms
We may update these Terms from time to time. Continued use of the Service after changes take effect means you accept the updated Terms.
15. ContactQuestions about these Terms can be sent to:
contact@bandm8.com