TERMS OF SERVICE

Effective Date: February 5, 2026

1. Acceptance of Terms

Welcome to MusicMakerApp.com ("MusicMakerApp," "Company," "we," "our," or "us"), operated by Dreamspark AI LLC, a company registered in the United States. By accessing or using our website at https://musicmakerapp.com (the "Site") and our AI music and lyric generation services (collectively, the "Service"), you agree to be bound by these Terms of Service (the "Terms").

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICE. BY ACCESSING, BROWSING, OR OTHERWISE USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

These Terms constitute a legally binding agreement between you and Dreamspark AI LLC. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Changes to Terms

We reserve the right to modify or update these Terms at any time at our sole discretion. When we make changes, we will:

Post the updated Terms on this page
Update the "Effective Date" at the top of these Terms
Notify you via email for material changes
Display a prominent notice on our Service for significant changes

Your continued use of the Service after any changes become effective constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Service immediately.

We encourage you to review these Terms periodically to stay informed of any updates. Material changes will be effective 30 days after posting unless otherwise specified.

3. Description of Service

MusicMakerApp.com is an AI Music Maker platform that enables users to make music and make songs and to generate lyrics using artificial intelligence.

AI Music Maker in these Terms refers to the platform concept describing the Service's AI-powered capabilities. It is not a separate product.

Core Features:

AI-powered music generation from text prompts
Customizable music styles and genres
Lyrics Generator (generating song lyrics as text)
Lyrics generation and integration (where applicable)
Audio file downloads (WAV/MP3 formats - paid plans only)
Song extension capabilities (paid plans only)
Cloud storage for generated content
Gallery for sharing music (free plan users - automatic)

Primary Generation Tools (parallel tools within the platform):

AI Song Generator: a song generator that can make songs with vocals and instrumentals
Text to Music Maker: a music generator that makes instrumental/background music
Lyrics Generator: a generator that makes song lyrics (text-only)

Post-Generation Assistance Tools (examples; may expand over time): After you generate music or songs, the Service may provide tools to further work with your outputs, including (but not limited to):

Extend (song extension)
Vocal Remover
Get Stems (stem separation)
Extract MIDI

We may introduce additional assistance tools in the future.

Subscription Tiers:

Free Plan ($0/month):

3 credits per day
Up to 3 song generations per day
Maximum song length: 3 minutes
30-day cloud storage
Free plan with daily generation limits
Automatic public Gallery posting (all generated songs automatically published)
❌ Limited access to premium generation features/models
❌ NO commercial license (personal use only)
❌ NO song extension feature
❌ NO private generations capability
❌ NO download capability (listen online only)
Music remains property of Dreamspark AI LLC (see Section 6)
Attribution required when sharing (see Section 6)

Starter Plan:

Monthly: $15/month
Annual: $10/month (billed as $120/year - Save 33%)
150 credits per month
Up to 300 songs per month (up to 150 song generations)
Access to premium generation features/models
Full commercial license and ownership transfer (see Section 6 and License Agreement)
Song extension feature
Private generations (not published to Gallery)
Unlimited downloads (MP3/WAV)
730-day cloud storage
Cancel anytime

Plus Plan:

Monthly: $29/month
Annual: $14.5/month (billed as $174/year - Save 50%)
500 credits per month
up to 1,000 songs per month (Up to 500 song generations)
Access to premium generation features/models
Full commercial license and ownership transfer (see Section 6 and License Agreement)
Song extension feature
Private generations (not published to Gallery)
Unlimited downloads (MP3/WAV)
730-day cloud storage
Cancel anytime

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

4. User Accounts and Registration

4.1 Account Creation

To access certain features of the Service, you must create an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Keep your password secure and confidential
Notify us immediately of any unauthorized account access
Be responsible for all activities under your account

You may not:

Create multiple accounts to circumvent usage limits
Share your account credentials with others
Use another person's account without permission
Create an account using false or misleading information

4.2 Age Requirement

You must be at least 13 years old to use the Service. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you may only use the Service with the consent and supervision of a parent or legal guardian.

4.3 Account Termination

You may terminate your account at any time by contacting support@musicmakerapp.com. Upon termination:

Your access to paid features will cease immediately
Your data will be retained for 90 days before permanent deletion
You will not receive a refund for unused subscription time (except as provided in Section 5.4)
Your generated content will be deleted according to our retention policy
Free plan users: lose all commercial rights to use generated content
Paid plan users: retain ownership of content generated while subscribed (see Section 6 and License Agreement)

We reserve the right to suspend or terminate your account if you violate these Terms, engage in fraudulent activity, or for any other reason at our sole discretion, with or without notice.

5. Subscription Plans and Billing

5.1 Paid Subscriptions

By subscribing to a paid plan, you agree to pay all applicable fees as described on our Pricing page. Fees are:

Billed in advance on a monthly or annual basis
Non-refundable except as expressly provided in these Terms
Subject to change with 30 days' advance notice
Exclusive of all taxes, which are your responsibility

Current Pricing:

Starter Plan: $15/month or $10/month ($120/year annual)
Plus Plan: $29/month or $14.5/month ($174/year annual)

5.2 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge your payment method for the renewal fees.

To cancel auto-renewal:

Access your account settings
Select "Cancel Subscription"
Follow the cancellation instructions
Cancellation must be completed at least 24 hours before the renewal date

5.3 Payment Processing

All payments are processed securely through Stripe, our third-party payment processor. We do not store your complete payment card information on our servers.

5.4 Refund Policy

Generally, all fees are non-refundable. However, we may issue refunds in the following circumstances:

Technical Failures: If the Service experiences significant technical failures that prevent you from using core features and we cannot resolve the issue within a reasonable timeframe, we may issue a prorated refund at our discretion.
Billing Errors: If you were charged incorrectly due to a system error, we will refund the incorrect amount.
Account Issues: If your account was compromised and unauthorized charges were made, we will investigate and may issue a refund.
Cancellation: No refunds for partial months or unused subscription time when you cancel voluntarily.

To request a refund, contact support@musicmakerapp.com within 30 days of the charge. All refund requests are subject to our review and approval.

5.5 Plan Changes

You may upgrade, downgrade, or cancel your subscription plan at any time:

Upgrade: Takes effect immediately; you will be charged a prorated amount for the remainder of your current billing period.
Downgrade (between paid plans, e.g. Plus → Starter): Takes effect from the downgrade effective time. From that point forward, the benefits, limits, and usage rights of the new plan apply. Previously generated content retains the rights granted at the time of generation.
Cancel Subscription (paid plan → free / no active subscription): Takes effect at the end of your current billing period; no refunds for unused time.

Important: Cancelling a paid subscription means:

You lose commercial rights to future generations made without an active paid subscription
Previously generated paid plan content retains its ownership and commercial rights
New content generated without an active paid subscription has no commercial license

6. Intellectual Property Rights

6.1 Ownership of Generated Content (Music, Songs, and Lyrics)

Paid Plans (Starter & Plus): Complete Ownership Transfer (during paid subscription)

Upon full payment of applicable subscription fees for Starter or Plus plans, you (the user) own all rights, title, and interest in the music, songs, and lyrics you generate using our Service during an active paid subscription period, including all intellectual property rights.

This means:

You own the copyright to the generated audio recordings (where applicable)
You own rights in generated lyrics as text outputs (where applicable)
You may use the generated content for any purpose, including commercial use
You may modify, distribute, and sell the generated content
No attribution to MusicMakerApp.com is required (though appreciated)
You may register copyright in your name with relevant authorities (where eligible)

Company Representations (paid plans):

We assign all rights to you and retain no ownership interest in your paid-plan generated content
We will not use your paid-plan generated content for any purpose without your permission
We do not claim any copyright or intellectual property rights in your paid-plan generated content

Free Plan: No Ownership Transfer

Content generated on the Free Plan remains the intellectual property of Dreamspark AI LLC. Free plan users receive only a limited, non-commercial, personal use license.

Free plan users:

Do NOT own generated content
Do NOT receive commercial rights or licenses
May NOT monetize, sell, or commercially exploit the content
May NOT download audio files (listen online only)
Must credit MusicMakerApp.com when sharing
Can only use content for personal, non-commercial purposes
Songs are automatically published to the public Gallery

To obtain full ownership and commercial rights, upgrade to Starter or Plus plan.

6.2 Service Ownership

The Service itself, including all software, algorithms, AI models, website design, text, graphics, logos, and other content (excluding user-generated content), is owned by Dreamspark AI LLC and protected by intellectual property laws.

6.3 User Content

You retain ownership of all text inputs, prompts, lyrics you provide, and other content you submit ("User Content"). By submitting User Content, you grant us a limited license to:

Process your inputs to generate music and/or lyrics
Store your inputs for account functionality
Use anonymized and aggregated data to improve the Service

6.4 Trademarks

"MusicMakerApp," "MusicMakerApp.com," and other marks used on the Service are trademarks of Dreamspark AI LLC. "AI Music Maker" may be used as a descriptive term for the platform concept. You may not use our trademarks without our prior written permission.

6.5 Copyright Infringement Claims

If you believe any content on the Service infringes your copyright, contact support@musicmakerapp.com with:

Your contact information
Description of the copyrighted work
Location of the allegedly infringing content
A statement of good faith belief that the use is not authorized
A statement that the information is accurate and you are authorized to act

7. Acceptable Use Policy

You agree to use the Service only for lawful purposes. You agree NOT to:

Violate any applicable laws or regulations
Engage in fraud or criminal activity
Create content that infringes third-party intellectual property rights
Generate defamatory, obscene, illegal, or harmful content
Harass, threaten, or bully others
Attempt unauthorized access, scrape, overload, or disrupt the Service
Circumvent usage limits
Use free plan content for commercial purposes
Resell or redistribute the Service itself or create competing services
Use the Service to train competing AI models
Impersonate others or misrepresent affiliation

We reserve the right to monitor use and enforce compliance, including suspension or termination without refund.

8. AI-Generated Content Disclaimer

8.1 Nature of AI-Generated Content

You acknowledge:

AI-generated music/lyrics may inadvertently resemble existing works
We do not guarantee outputs are completely unique or original
Paid users are responsible for ensuring commercial use does not infringe third-party rights
Output quality may vary; outputs are provided "as is"
We do not guarantee output is free from potential third-party claims

8.2 User Responsibility (Paid Plans Only)

Before using generated content commercially, you should:

Review generated content for potential issues
Conduct clearance searches if needed
Consult legal counsel for high-stakes commercial uses
Understand the copyright landscape in your jurisdiction

8.3 Indemnification for AI Content

Paid plan users agree to indemnify us against claims arising from commercial use. Free plan users are prohibited from commercial use. (See Section 13.)

9. Limitation of Liability

9.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.

9.2 No Liability for Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DREAMSPARK AI LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

9.3 Limitation on Direct Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:

$100 (ONE HUNDRED US DOLLARS), OR
THE TOTAL AMOUNT YOU PAID TO US IN SUBSCRIPTION FEES DURING THE SIX (6) MONTHS PRECEDING THE CLAIM

9.4 Exceptions

Some jurisdictions do not allow certain limitations; liability will be limited to the maximum extent permitted.

9.5 Third-Party Services

We are not responsible for third-party websites/services or payment processor actions.

10. Data Storage and Backup

10.1 Cloud Storage

Storage by plan:

Free Plan: 30 days
Starter Plan: 730 days
Plus Plan: 730 days

10.2 Your Backup Responsibility

You are solely responsible for backing up generated content. We recommend downloading and storing copies of important files. Free plan users cannot download audio.

10.3 Account Deletion

If your account is deleted:

Data retained for 90 days
After 90 days, permanent deletion
Some information may be retained as required by law

11. Privacy and Data Protection

Your privacy is governed by our Privacy Policy, incorporated by reference: https://musicmakerapp.com/privacy

12. Dispute Resolution and Governing Law

12.1 Governing Law

Governed by the laws of the State of Wyoming, United States.

12.2 Jurisdiction and Venue

Exclusive venue in Wyoming state or federal courts.

12.3 Informal Resolution

Contact support@musicmakerapp.com first; we will attempt to resolve within 30 days.

12.4 Class Action Waiver

Claims must be brought in individual capacity only.

12.5 Time Limitation

Claims must be filed within one (1) year.

13. Indemnification

You agree to indemnify, defend, and hold harmless Dreamspark AI LLC from claims arising out of:

Your use/misuse of the Service
Your violation of these Terms
Your violation of third-party rights
Your User Content or generated content
Paid plans only: claims that your commercial use infringes third-party rights
Free plans: unauthorized commercial use

14. Communication and Notices

Electronic communications, how we contact you, and how to contact us:

Dreamspark AI LLC Email: support@musicmakerapp.com Address: 5830 E 2ND ST, STE 7000 #30665, CASPER, WY 82609, United States

15. General Provisions

Entire agreement; severability; no waiver.

15.1 Commercial License Certificate (Rights Confirmation)

MusicMakerApp.com may provide a Commercial License Certificate for certain paid-plan generated audio tracks as a convenience and proof of rights. The certificate:

Confirms that the track was generated during an active paid subscription period
References these Terms and the License Agreement
Does not grant additional rights beyond what these Terms and the License Agreement already provide
Does not guarantee originality or absence of similarity to existing works