Last update: 5 June 2024
THIS IS A LEGAL AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND BEATOVEN PRIVATE LIMITED (“BEATOVEN”). BY ACCESSING ANY CONTENT FROM THE SERVICE (AS DEFINED BELOW) YOU ARE ACKNOWLEDGING THAT YOU AGREE TO BE LEGALLY BOUND AND TO ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
TO AGREE TO THESE TERMS, CLICK “I AGREE.” IF YOU DO NOT UNDERSTAND OR AGREE TO THESE TERMS, DO NOT CLICK “I AGREE” AND DO NOT ACCESS, BROWSE, OR OTHERWISE USE THIS SERVICE. ACCESSING, BROWSING OR OTHERWISE USING THE SERVICE INCLUDING, WITHOUT LIMITATION, ACCESSING ANY CONTENT FROM THE SERVICE SHALL CONSTITUTE YOUR ACKNOWLEDGEMENT THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU. CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND BEATOVEN MAY REFUSE ACCESS TO THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THIS AGREEMENT, PLEASE LET US KNOW BY CONTACTING US HERE: HELLO@BEATOVEN.AI. DO NOT ACCESS ANY CONTENT FROM THE SERVICE UNTIL THESE QUESTIONS OR CONCERNS HAVE BEEN ANSWERED TO YOUR SATISFACTION, AND YOU AGREE TO ABIDE BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
1.0 THE BEATOVEN.AI SERVICE
Beatoven provides a service (the “Service”) that makes use of artificial intelligence to help content creators create their own soundtracks. It offers a user-friendly audio creator tool that does not require a user of the Service (“User”) to have prior knowledge of music and uses artificial intelligence algorithms to generate music and sound effects (including both the sound recording thereof and any musical composition embodied therein) (“AI Music”) in real time based on the User’s creative preferences. The User shall exercise creative control of every section of his or her soundtrack by selecting various preferences through the settings (e.g., sections, sounds, moods, dynamics, genres, styles) that are provided by the Service for the User’s creative use. This enables the User to generate high quality soundtracks as directed by the User’s creative input.The Service is made available to Users through Beatoven’s applications and its website, currently at: http://www.beatoven.ai/All access to and use of the Service is subject to the terms and conditions of this Agreement.
2.0 TERM AND TERMINATION
2.1 As long as you use the Service, this Agreement shall remain in full force and effect. We may terminate you from the Service, in our sole discretion, at any time, without warning or notice. Upon such termination, you shall be stopped from using the Service, provided however that your obligations hereunder with respect to the period prior to the termination shall survive the termination of this Agreement. If a User violates any part of this Agreement, the User’s right to access and/or use the Service shall automatically terminate and the User shall immediately destroy any copies the User may have made of any Beatoven Content or Your AI Music.
3.0 USE OF THE WEBSITE
3.1 The trademarks, service marks, and logos of the Beatoven (the “Beatoven Trademarks” ) used and displayed on this website are trademarks or service marks of Beatoven. Other product, tradenames and service names on the website may be trademarks or service marks owned by third parties (the “Third-Party Trademarks” , and collectively with the Beatoven Trademarks, the “Trademarks”). Nothing on the Service or in this Agreement shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the prior written consent of the Beatoven. All goodwill generated from the use of any Beatoven Trademark shall insure to the Beatoven’s benefit.[Move to the IP section]
3.2 User agrees not to: (a) take any action that imposes an unreasonable load on the Service’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the Service or any activity being conducted on the Service, or (c) delete or alter any material posted on the Service by Beatoven or any other person or entity.
3.3 The Service may contain links to third party websites (“External Sites”). These links are provided solely as a convenience to Users and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. Beatoven is not responsible for such content and does not make any representations or warranties regarding such content or accuracy of any materials on such External Sites. Users should take precautions when downloading files from all websites to protect Users' computers from viruses and other destructive programs. If Users decide to access any External Sites, then they do so at their own risk. Users should contact the site administrator or webmaster for those External Sites if Users have any concerns regarding such links or any content located on such External Sites.
4.0 LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.
4.1 The Service and your data maintained on the Service is subject to malfunctions and losses and Beatoven is not responsible for, and does not warrant regarding, any such malfunction or loss. You are urged to backup any important data of yours that you maintain on the Service to avoid any inconvenience in case of such loss. Beatoven does not warrant that your use of the Service will be uninterrupted or that there will be no failures, errors or omissions or loss of transmitted information or that the Service will be is free from computer virus or similar contaminations, loss, corruption, attack, interference, hacking or other security intrusion, and you agree that from time to time Beatoven may remove the Service for indefinite periods of time, or cancel the Service at any time without notice to you.
4.2 You acknowledge that your use of, or inability to use, the Service is at your own risk, to the fullest extent permitted by law, and that thee Service and all content, information, materials, software, products and services offered through the Service are provided on an “AS IS” and “AS AVAILABLE” basis without representations or warranties of any kind, either express or implied, all of which Beatoven expressly disclaims, including, but not limited to, any representations or warranties of accuracy, completeness, reliability, title, merchantability, non-infringement, fitness for a particular purpose, or as to the security of any information that Users provide to the Service.
4.3 You agree that under no circumstances shall Beatoven or its directors, officers, employees, affiliates, agents, representatives, contractors, service providers, licensors or licensees be liable for any damages, whatsoever (including, but not limited to, direct, indirect, punitive, special, incidental, consequential, exemplary damages,) lost profits, customer loss, loss of data or information, loss of goodwill, or any other damages resulting from your use of, or inability to use, the Service.5.0 USE OF OUR SERVICES AND PRODUCTSYou must be at least 18 years old to use the Service. By agreeing to this Agreement, you represent and warrant to us that: (1) you are at least 18 years old, (2) you have not previously been suspended or removed from the Service and (3) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, the individual accepting this Agreement on your behalf represents and warrants that he or she has authority to bind you to this Agreement and you agree to be so bound.
5.0 USE OF OUR SERVICES AND PRODUCTS
You must be at least 18 years old to use the Service. By agreeing to this Agreement, you represent and warrant to us that: (1) you are at least 18 years old, (2) you have not previously been suspended or removed from the Service and (3) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, the individual accepting this Agreement on your behalf represents and warrants that he or she has authority to bind you to this Agreement and you agree to be so bound..
6.0 CONTENT/INTELLECTUAL PROPERTY.
6.1 License of AI Music.
Subject to the terms and conditions of this Agreement, you may use the features and settings made available by Beatoven to you as part of the Service to generate music and sound effects subject to your exercise of your creative control. If you use the Service’s audio creator tool to generate AI Music (including both the sound recording thereof and any musical composition embodied therein) (“Your AI Music”), then Beatoven hereby grants to you the non-exclusive, limited, royalty-free, perpetual, worldwide right during the term of this Agreement to reproduce Your AI Music (or any portion thereof) in synchronization with your video, storybook, game, podcast or other audio-visual content (“Your Content”) and to reproduce, distribute, transmit, exhibit, publicly perform, communicate to the public, make available and otherwise exploit the AI Music solely as and to the extent it is so synchronized with Your Content (“Your Project”), subject to the terms and conditions of this Agreement (the “License”). You may exploit Your AI Music in accord with the terms and conditions of the License without any obligation to pay royalties to Beatoven with respect thereto. You shall wherever practicable cause Beatoven to receive the following credit: “ Music by Beatoven.ai“ which shall be displayed directly in connection with any use, display, or other exploitation of Your Project.
6.2. Reservation of Rights.
All rights with respect to Your AI Music that are not expressly granted to you hereunder are reserved to Beatoven.
6.3 License Limitations.
(a) You acknowledge and agree that your rights are non-exclusive with respect to Your AI Music, and Beatoven may continue to use the music on which its artificial intelligence-powered creator tool was trained and Beatoven may license music to other Users that is the same or similar to Your AI Music.
(b) Beatoven makes no representation or warranty regarding the originality of Your AI Music or that Your AI Music will not violate or infringe any law or rights of any third parties.
(c) Notwithstanding anything to the contrary hereunder, the License excludes the right to, and you shall not be permitted to, reproduce, copy, download or otherwise sell copies of, or files embodying, Your AI Music, permit Your AI Music to be performed or distributed via any digital service provider (e.g., Spotify, Apple Music, etc.), make copies of, distribute, deliver, exhibit, perform, communicate to the public, make available, transmit or otherwise exploit Your AI Music other than to the extent it is synchronized with Your Content in Your Project, or permit Your AI Music to be used by or in any other artificial intelligence service or used to train any artificial intelligence tool, engine or other system. You understand and agree that Beatoven is not responsible for and shall have no liability with respect to any transactions between you and any third party(ies) with respect to Your AI Music, which shall be your sole responsibility and you assume all obligations in respect thereof, including obtaining and paying for all necessary rights with respect to Your Content.
(d) Any License shall automatically terminate if User breaches any provision of this Agreement.
6.4 Beatoven Content.
This Service contains AI Music as the primary content, as well as software, text, graphics, images and other content (collectively, other than Your AI Music and Your Content, referred to as “Beatoven Content”). Beatoven owns all of the Beatoven Content and all copyrights, trademarks, service marks, and other intellectual property with respect thereto. Users may not copy, distribute, modify, make derivative works of or otherwise exploit any Beatoven Content or use Beatoven’s intellectual property in any manner unless otherwise authorized in writing by Beatoven. Beatoven hereby reserves all rights not expressly granted in and to the Service, the Beatoven Content and Your AI Music, and you shall not copy, reproduce, distribute, transmit, display, sell, license, or otherwise exploit any Beatoven Content or Your AI Music in any manner or for any purpose except as may be expressly authorized hereunder by Beatoven.
6.5 Your Content.
(a) You may submit Your Content to the Service. You shall be solely responsible for Your Content and for the consequences of submitting Your Content to the Service, and you understand that Beatoven does not guarantee any confidentiality with respect to Your Content that you submit. As between you and Beatoven, you shall retain your ownership of Your Content.
(b) By submitting Your Content to Beatoven, you hereby grant to Beatoven a worldwide, non-exclusive, non-revokable, royalty-free, transferable and sub-licensable license in perpetuity (including, without limitation, to Users of the Service and through multiple tiers including, without limitation, through widgets distributed via third party sites) including, without limitation, to use, reproduce, distribute, adapt, prepare derivative works of (including, without limitation, by combining Your Content with other Service and third party content including other videos), display, publicly perform and make available and otherwise exploit Your Content for the life of copyright therein (the "Term") on and in connection with the Service and Beatoven’s (and its successors' and affiliates') businesses including, without limitation, for promoting and redistributing all or part of the Service in any media or formats, now known or hereinafter developed, to grant sub-licenses through multiple tiers to any third party for any purpose and the right to display advertisements and promotional material in connection with Your Content. You may use or license Your Content, subject to Beatoven’s non-exclusive rights hereunder. You further irrevocably waive, on your behalf and on behalf of any applicable Collaborators, any and all "moral rights" or other rights with respect to attribution of authorship or integrity of such Your Content that you or any other third party may have with respect to Your Content under any applicable law.
(c) Beatoven does not endorse Your Content or any opinion, recommendation, or advice expressed therein, and it has no obligation to review Your Content that you submit to the Service. Beatoven expressly disclaims any and all liability in connection with Your Content. Beatoven does not permit copyright infringing activities or violation of intellectual property rights on the Service, and Beatoven will remove Your Content if properly notified that it infringes on another's intellectual property rights. Beatoven reserves the right to remove Your Content without prior notice.
(d) Your Content that you submit hereunder shall be incorporated into the database and other elements of the Service. You agree that Beatoven may retain Your Content in its database after the Term even if you terminate this Agreement and your use of the Service. 7.6. Ownership. Notwithstanding anything to the contrary hereunder, it is acknowledged that it has not yet been established whether, or to what extent, copyright applies to music generated by artificial intelligence, so Beatoven makes no representation or warranty regarding the copyright or ownership of or the enforceability of any rights with respect to Your AI Music, provided however, as between you and Beatoven, Beatoven shall own and be the copyright owner of Your AI Music but you shall control the exercise of your rights pursuant to the License with respect to Your AI Music.
6.6. Ownership.
Notwithstanding anything to the contrary hereunder, it is acknowledged that it has not yet been established whether, or to what extent, copyright applies to music generated by artificial intelligence, so Beatoven makes no representation or warranty regarding the copyright or ownership of or the enforceability of any rights with respect to Your AI Music, provided however, as between you and Beatoven, Beatoven shall own and be the copyright owner of Your AI Music but you shall control the exercise of your rights pursuant to the License with respect to Your AI Music.
6.7. You represent and warrant that:
(a) You have the right to enter into License and to grant the rights granted hereunder,
(b) You will comply with all applicable laws in connection with the performance of your obligations hereunder,
(c) You own or have all necessary licenses, rights, consents, and permissions for the exercise of all rights with respect to the use of Your Content on and in connection with the Service including, without limitation, with respect to all copyright, trademark, patent, trade secret, rights of publicity, rights of privacy or other proprietary rights in and to Your Content, and
(d) Your Content shall not contain third party copyrighted material and it shall not be subject to a third party’s proprietary rights, unless you have permission from the rightful owner thereof and unless you are legally entitled to submit it hereunder and to grant to Beatoven all of the rights granted herein.
7.0. Content Posted.
The Service may delete any content that, in the sole judgment of Beatoven, violates this Agreement. Beatoven assumes no responsibility for monitoring the Service for inappropriate content or conduct. If at any time Beatoven chooses, in its sole discretion, to monitor the Service, Beatoven nonetheless assumes no responsibility for the content, no obligation to modify or remove any inappropriate content, and no responsibility for the conduct of the User submitting any such content.
8.0. Digital Millennium Copyright Act.
Beatoven respects the intellectual property rights of others and expects its Users to do so as well. Beatoven will respond expeditiously to claims of copyright infringement committed using the Service if such claims are reported to Beatoven’s Designated Copyright Agent. If you are a copyright owner or an agent thereof and believe that any alleged copyright infringement is taking place on or through the Service, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) The full name and the physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material;
(d) Your company affiliation (if applicable) and information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
(e) A statement that you have a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent, or the law (e.g., as a fair use); and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that you are the owner or authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Beatoven’s designated Copyright Agent to receive notifications of claimed infringement is Saksham Popli Copyright Agent, 66B, Pocket-B,Near Asha Park, Hari Nagar, South West Delhi, 110064, email: saksham@beatoven.ai.For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Beatoven's customer service through this form.
You acknowledge that if you fail to comply with all of the requirements of this section 9, your DMCA notice may not be valid. Upon receipt of such notice, Beatoven will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service. Counter-Notice. If you believe that your content that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your content, you may send a counter-notice containing the following information to the Copyright Agent:
(g) Your physical or electronic signature;
(h) Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
(i) A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
(j) Your name, address, telephone number, and e-mail address, a statement that you shall accept service of process from the person who provided the notification of the alleged infringement.If a counter-notice is received by our Copyright Agent, Beatoven may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Beatoven’s sole discretion.
9.0 PRIVACY
Beatoven respects Users’ privacy and processes Users’ personal information in accordance with our Privacy Policy which expressly is made a part of this Agreement.
10.0 SECURITY
You agree not to attempt to, or assist another person or entity to, circumvent, reverse-engineer, decipher, decompile, disassemble, or otherwise tamper with any of the software or security components related to the Service for any reason whatsoever. You shall not access the Service by any means other than through software that is provided by Beatoven for accessing the Service, modify the software in any manner or form or use any modified version of the software for any purpose including obtaining unauthorized access to the Service, or access or attempt to access an unauthorized account. You agree that violation of our system or network security may result in civil or criminal liability. Beatoven’s developers have taken steps in an effort to safeguard the integrity of the telecommunications and computing infrastructures regarding the security of information provided by Users to our Service, but thisdoes not constitute business, legal or other advice or any warranty regarding the security of such information. Users should ensure that the computer and software, including, without limitation, the internet browser software used to access the Service are up to date and it is the User’s sole responsibility to protect his or her private and confidential information.
11.0 MINORS
Children are not eligible to use the Service. By accessing the Service, you hereby affirm that you are more than 18 years old (as the Service is not intended for children), that you are fully able to enter into this Agreement and to abide by and comply with its provisions. If you do not agree to any of these terms, please do not use the Service.
12.0 CANCELLATION
We may cancel User accounts and block a User permanently from accessing our Service, if we reasonably believe there is a risk associated with a User, or a User has used the Service for any content within the ambit of the PROHIBITED CONTENT LIST (set forth below) or that is in breach of this Agreement or any law or regulation.
13.0 TERMS OF SERVICE MODIFICATION
Beatoven reserves the right to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service from time to time. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively, “Additional Terms") will be effective immediately and incorporated into this Agreement. You are responsible to review this Agreement for any changes, and your continued use or visiting of the Service thereafter will be deemed to constitute your acceptance of such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference.
14.0 SEVERABILITY
If one of the clauses of the Terms of Use is held to be invalid, users and Beatoven agree that the other clauses shall remain valid and that the license will remain in full force and effect.
15.0 APPLICABLE LAW
This Agreement and any dispute arising thereunder shall be governed by the laws of the State of New York applicable to agreements wholly made and to be performed therein, without giving effect to principles governing conflicts of law and the parties hereby irrevocably submit to the jurisdiction of the state and federal courts located in New York, New York which will have exclusive jurisdiction with respect to resolution of any disputes arising out of or relating to this Agreement and waive any rights with respect to forum non-convenience.
16.0 INDEMNITY
By using the Service, you agree to indemnify, defend and hold harmless Beatoven and its affiliates, officers, directors, employees, contractors, agents, representatives and licensors) from any and all claims, liabilities, and expenses (including reasonable attorney's fees) arising with respect to your use of and access to the Service or your breach or alleged breach of this Agreement.
17.0 CONTACT US
If you have any questions or comments about this Agreement or our Service, you can reach us at:Mailing address: No. 677, 1st Floor, Suite # 507, 27th Main, 13th Cross, Sector 1, HSR Layout, Bengaluru Bangalore KA 560 102, IndiaEmail ID: hello@beatoven.ai
18.0 NOTICES
Notices to Beatoven must be sent by email to hello@beatoven.ai and must provide the User's name, the email address associated with the User's Beatoven account and the User’s Beatoven username. Notices to you may be sent to the email address associated with your Beatoven account.
PROHIBITED CONTENT LIST
The following list provides examples of the types of content that are prohibited to post on or through the Service. Beatoven reserves the right to investigate and take appropriate legal action against anyone who, in Beatoven’s sole discretion, violates this provision, including, without limitation, by removing the offending content. Prohibited content includes, but is not limited to, content that, in the sole discretion of Beatoven:
(1) Victimises, harasses, degrades, or intimidates an individual or a group including, without limitation, on the basis of gender, religion, political option, sexual orientation, race, ethnicity, age, or disability;
(2) Promotes racism, bigotry, hatred or physical harm of any kind against any individual or group;
(3) Is patently offensive;
(4) Violates any law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, unfair competition, anti-discrimination or false advertising;
(5) Offers or s fraudulent goods, services, schemes, or promotions (e.g. make-money-fast schemes, chain letters, pyramid schemes), payday loans or engage in any unfair deceptive act or practice;
(6) Is associated with any form of gambling, betting, lottery & bingo type services;
(7) Is associated with any form of adult, sexually-oriented, or obscene materials or service; Is associated with the sale of any drug;
(8) Contains violent subject matter or is associated with weapons of any kind; Takes advantage of minors’ inexperience and credulity; exploit the special trust minors have in their parents, teachers or other persons;
(9) Takes advantage of minors’ inexperience and credulity; exploit the special trust minors have in their parents, teachers or other persons;
(10) Unreasonably puts/shows minors in dangerous situations.
(11) Spreading any false information related to the ongoing pandemic situation due to the COVID 19 outbreak.
(12) Is associated with nicotine, nicotine products, products imitating nicotine products, symbols related to smoking or nicotine;
(13) Is associated with drugs of any kind, products related to drugs, symbols related to drugs or the use of drugs of any kind.The foregoing is only a partial list of the kind of content and activity that is prohibited on and through the Service.
20.0 Miscellaneous.
This Agreement constitutes the entire agreement between the parties relating to the matters discussed herein and may be amended, modified, or waived only with the mutual written consent of the parties. If any provision of this Agreement shall be held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Beatoven shall not be responsible for failures to fulfill any obligations due to causes beyond its control. You may not assign, sub-license or transfer this Agreement, the License or any part hereof, to any person or entity.
Refund and Cancellation Policy
(1) Cancellation of Subscription & Refunds:
Users may cancel their subscription at any time for any reason whatsoever. However the Company shall not be liable to refund any subscription fees paid or any pro-rata subscription fees paid by the User at any time after the payment of the subscription fees.