Terms of service
EULA End-User License Agreement (EULA) “AIBEATZ”
Last updated 24.10.2022
Please read this End-User License Agreement (“Agreement”) carefully before clicking the “I Agree” button, downloading or using AIBEATZ MUSICAL CREATION.
By clicking the “I Agree” button, downloading or using the AIBEATZ PLATFORM, you are agreeing to be bound by the terms and conditions of this Agreement.
If you do not agree to the terms of this Agreement, do not click on the “I Agree” button and do not download or use the AIBEATZ MUSICAL CREATION.
AIBEATZ is a SAAS (Software as a Service) developed and owned by the AIBEATZ UG, a Music-tech company based in Berlin, that enables its customers to create their own original music through the use of AI and algorithmic music composition technology fed with a proprietary urban music dataset. AIBEATZ UG (Gubener Str. 43, 10243, Berlin, Germany. TAX Nº 37/203/51671, Email: info@aibeatz.com.
The USER and the COMPANY shall collectively be known herein as “the PARTIES”. In determining the rights and duties of the Parties under the Credit Agreement, the entire document must be read as a whole.
OBJECT
This EULA OR an End-User License Agreement is aimed to regulate the relationship of LICENSE between someone who purchases, exports, downloads or uses the AIBEATZ MUSICAL CREATION (the USER), and the licensor or provider of the AIBEATZ MUSICAL CREATION (“AIBEATZ COMPANY”).
DEFINITIONS.
AIBEATZ PLATFORM. AIBeatz is an A.I. powered online beat maker for urban music creation. AIBeatz customers are capable of creating their own loops & beats in a simple, intuitive and fast way without the need of music theory knowledge or production skills. Our composition technology is fed with a proprietary dataset formed by more than 1700 instruments and hundreds of thousands of tracks synthesized, produced and recorded by musicians and professional producers. AIBEATZ MUSICAL CREATION may be created by: AIBEATZ Artificial Intelligence (AI), algorithmic rule-based music composition or the combination of above-mentioned composition systems and a natural or legal person.
AIBEATZ MUSICAL CREATION. That is a beat. A beat is the instrumental part of a song created by a music creator or producer for other vocalists or artists that pay for its use (E.g. sing lyrics, record songs, videoclips, short videos, stories, tic-toc). Formed by a chain of melodic and percussive loops structured during a definite period of time. AIBEATZ MUSICAL CREATION generates an unlimited license (A BEAT LICENSE).
In order to create a loop/beat with AIBEATZ it may be starting from scratch, by selecting the music genre and the vibe, or in the future via an upload of a musical reference that could be a track, a loop, a beat or a type beat.
AIBEATZ MUSICAL CREATIONS are formed by:
2.2.1. Tracks: melodic and percussive layers that are been combined to create loops/beats.
2.2.2. Loops. Short (4-8 bars) instrumental composition built by percussive tracks, melodic tracks or the combination of both. It is the fundament of beat.
2.2.3. Beats. A complete arranged instrumental composition formed by melodic and percussive loops combined and structured during a definite period of time E.g. 2 - 4min.
2.2.4. Type beat. Creation of beats inspired by an existing reference (track, loops or beat) uploaded by our user.
You may export, import, download and upload TRACKS, LOOPS, BEATS OR TYPE BEATS in the following formats: Mp3, wav and midi.
Particularly:
· Beats & Type beats: Mp3 with watermark, Mp3 w/o watermark and/or wav & midi Track outs (all tracks individually in a folder)AIBeaty license
AIBeatz currently offers 2 licensing options
Limited beat LICENSE. The AIBeatz limited license grants the USER a limited, transferable license to download and use the licensed AIBeatz music creation containing a watermark. The use may be personal or commercial. In case of a commercial use, all the royalties generated, if any, have to be paid to AIBEATZ. This is also called a BEAT LICENSE.
The Limited BEAT LICENSE comprises:
The limited right of use of the licensed beat in accordance with the freemium account.
The user will receive: Beat mp3 full mix with watermark.
AIBeatz must keep all the royalties generated from the usage of the downloaded beat.
Unlimited Beat LICENSE. The AIBeatz unlimited license grants the USER an unlimited, transferable license to download and use the licensed AIBeatz music creation as it is or parts of it. The use may be personal or commercial. This is also called a BEAT LICENSE.
The Unlimited BEAT LICENSE comprises:
The unlimited right of use and/or property of the licensed beat in accordance with your subscription plan or one-time beat purchase.
The user will receive following files as high-quality exports:
Beat mp3 full mix
Full wav track out (dry) – Without effects
Full wav track out (Wet) – With effects
The user will keep all the royalties generated from the usage of the licensed beat.
DATASET: Our constantly growing proprietary dataset is formed by more than 1500 self-synthesised instruments and hundreds of thousands of tracks synthesized, produced and/or recorded by our musicians and professional producers.
In order to offer the best beat recommendation experience, Aibeatz has the right to feed back their Dataset with compositions generated by users with the aim to train our machine learning algorithms and improve our beat personalised recommendation based on the behaviour of the users.
CUSTOMERS: Someone who uses, purchases, installs, or downloads the AIBEATZ MUSICAL CREATION through one of our subscription models.
USER: someone who uses the AIBeatz platform through a freemium account. CLIENTS may be effective or potential. An effective client is a USER.
PAYMENTS (2021 & 2022):
AIBEATZ business model is based on a credits system. One credit corresponds to one track-out download. Credits are accumulative and can be used even after cancelling or freezing any of the subscription models. AIBeatz offers 3 account types formed by a Freemium account, 2 monthly/yearly subscription plans and on-demand beat downloads.
AIBEATZ user and customer will soon have the possibility to purchase/download full beat track-outs beats individually through a one-time payment.
Possible scenarios to pay per beat:
Downloads of user created beats.
Freemium account user
Customer consumed all track-out download credits,
Beat mine beats: The AIBeatz beat mine is a beat marketplace in which our user can purchase beats through a one-time payment and upload there beats for sale. Aibeatz will take a commission of 5% for every beat sold between users/customers.
AIBeatz generated beats pre-produced by our team, sold by AIBeatz.
Other user beats created with AIBeatz technology sold by other clients (Not paying customers cannot sell beats in the beat mine)
IP RIGHTS
Originality. Every BEAT is UNIQUE. Unique means that every beat constitutes an AIBEATZ MUSICAL CREATION with an unlimited IP right. As an AIBeatz user you do not select pre-produced samples from a database. Our music is created and modified by you in real time. The variability of our composition technology and our wide proprietary constantly growing dataset, in combination with your original interaction during the creation process, makes it highly unlikely to make a beat twice.
IP Rights. You may decide if you want to use:
A limited Beat license: The AIBeatz limited license grants the USER a limited, transferable license to download and use the licensed AIBeatz music creation containing a watermark. The use may be personal or commercial. In case of a commercial use, all the royalties generated, if any, have to be paid to AIBEATZ.
An unlimited Beat license: The AIBeatz Beat unlimited license grants the USER an unlimited, transferable license to download and use the licensed AIBeatz music creation. The use may be personal or commercial. However, even being the chance of somebody doing the same beat somewhere in the world very remote, we cannot ensure this will not happen.
RIGHTS AND DUTIES OF THE USER.
The USER agrees to make proper and lawful use of the AIBEATZ PLATFORM in accordance with the applicable legislation and the USER'S LICENSE AGREEMENT.
GENERAL RULES OF PROHIBITED CONDUCTS. The USER must avoid the following acts and/or omissions:
Make an unauthorized or fraudulent use of "AIBEATZ".
Access or attempt to access restricted resources of the PLATFORM.
Use the PLATFORM for illicit, illegal purposes or effects, contrary to the provisions of the LICENSE AGREEMENT, harmful to the rights and interests of third parties, or that in any way may damage, disable or overload or impede the normal use or enjoyment of the “AIBEATZ PLATFORM”;
Cause damage to the AIBEATZ Platform.
Introducing or spreading computer viruses or any other physical or logical systems that are likely to cause damage to the systems of "AIBEATZ PLATFORM", its suppliers or third parties.
Attempting to access, use and / or manipulate the data of "AIBEATZ PLATFORM", of third-party providers and other users.
Reproduce, copy, distribute, transform or modify the content of "AIBEATZ PLATFORM", allow access to third parties through any form of public communication, unless you have the authorization of the owner of the corresponding rights, or it is legally permitted;
Obtain or attempt to obtain the content using means or procedures other than those that, depending on the case, have been made available for this purpose. Upload or transfer music references for the creation of type beats that are illegally recorded by all means.
The User may only access the ALBATZ Platform through authorized means. "AIBEATZ" will not be responsible in case the User does not have a compatible device or has downloaded a version of the AIBEATZ Platform incompatible with his device in order to not be able to download the AIBEATZ MUSICAL CREATION.
SPECIAL RESTRICTIONS.
Authorized conducts.
You agree to, and you can: sell, rent, lease, assign, distribute, or transfer the unlimited licensed AIBeatz MUSICAL CREATION to a third party.
Prohibited conducts.
You agree not to illegally create loop packs with our LOOPS and license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the AIBEATZ MUSICAL CREATION in these conditions or make the AIBEATZ MUSICAL CREATION available to any third party.
You agree not to illegally record BEATS, LOOPS, or LOOP PACKS or any AIBEATZ MUSICAL CREATION in order to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the AIBEATZ MUSICAL CREATION in these conditions or make the AIBEATZ MUSICAL CREATION available to any third party. It is considered as “illegal recording” any recording through any software or smart device breaching the terms of this Agreement.
You agree not to copy our beat mine beats with no need to license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit them.
You agree not to register in different account with the intention of avoiding our terms and conditions AND/OR Privacy Policy.
You agree not to erase the water mark for the free (non-premium) AIBEATZ MUSICAL CREATIONS.
TERMS AND CONDITIONS:
The USER must use the platform in accordance with its terms and conditions expressed in the LICENSE AGREEMENT.
The USER may use the AIBEATZ MUSICAL CREATION for:
Used for Music recording: As owner of your licensed beat you can use the beat to record unlimited songs with it.
Unlimited online streaming. Stream your beat in all streaming platforms without limitations
For profit live performance. You can use your licensed beat to make unlimited live performances
Distribute up to unlimited copies. You can distribute unlimited singles or albums that contain your licensed beat except in the case of limited license. Limited license requires paying royalties to Aibeatz.
Unlimited music videos. You can record unlimited music videos using your licensed beatRadio broadcasting rights. Unlimited plays in radio (analogue & online)
The USER accepts that "AIBEATZ" will protect the privacy and legal rights of those users in the terms included in its Privacy Policy. By providing the USER their usernames, passwords and other personal or access information, "AIBEATZ" provides a privacy notice indicating that the information will be available for your application, and what is the security policy for users.AIBEATZ only stores the personal information provided by the USER and does so in accordance with the principle of proactive responsibility of the data protection regulations, and in accordance with its security policies.If the USER provides “AIBEATZ” with information from the Google or Facebook Account, “AIBEATZ” can only use that information to access the Google Account provided that the user has granted permission to do so and for the purposes for those who have granted it.The USER accepts that they will not participate in any activity with the Platform "AIBEATZ" including the development or distribution of an application that interferes, interrupts, damages or accesses without authorization servers, networks or other properties or services of a third party, including but not limited to Google or any mobile communications provider."THE USER" accepts that he is solely responsible for the data (and that "AIBEATZ" does not assume responsibility for them with respect to you or third parties), the content or the resources that he creates, transmits or shows through "AIBEATZ" and the consequences of your actions (including damages or losses that "AIBEATZ" may suffer) when doing so.The USER accepts that he is solely responsible (and that "AIBEATZ" does not assume responsibility with respect to you or third parties) for breaches of the obligations under the License Agreement, third party contracts or applicable Terms of Service, or laws or applicable regulations, and for the consequences (including damages or losses that "AIBEATZ" or any third party may suffer) due to said breach.The USER may be also contact with “AIBEATZ” through social networks. In this case, the USER must comply with the terms and privacy´s policy set up by the correspondent social network as well as the AIBEATZ condition in case they are expressed.
USER CREDENTIALS.
The USER accepts that HE or SHE or they is responsible for maintaining the confidentiality of any credential or password that "AIBEATZ" may grant him or that the USER himself may choose.
PSEUDONYMISED AND ANONYMISED DATA.
In order to continuously innovate and improve the "AIBEATZ" PLATFORM, "AIBEATZ PLATFORM" may collect certain statistics on the use of the software. Anonymized information for the purposes of data protection regulations. For this purpose, AIBEATZ will:
use the generated tracks by its customers to enrich the dataset in order to improve the music quality and to personalize it to every single customer.
use the data to find composition trends, analyse usage or future needs to develop custom solutions for our customers.
LIABILITY EXEMPTION.
The USER accepts through the LICENSE AGREEMENT that "I HAVE IT APP" is exempt from liability in:Regarding differences in quality, between the quality sold and the one offered, "AIBEATZ" is exempt from liability as it is simply the online platform that allows to prove listening the AIBEATZ MUSICAL CREATION before downloading. Regarding possible payment incidents, "AIBEATZ" is exempt from liability as it is simply the online platform that allows the economic transaction, being the sole responsibility of the FINANCIAL SERVICES PROVIDER as defined in clause 2.5.
LIABILITY REGIME
AIBEATZ will attempt to provide the sufficient availability and continuity in order to provide an adequate service on basis of the PLATFORM. However, this diligence does not imply that the USER has a right to the permanent and uninterrupted availability of the PLATFORM.
AIBEATZ is a company based on a culture of security, and that is why it has approved a security policy following the recommendations pointed out by the European Union Agency for Cybersecurity (ENISA) in basis of the data protection regulation.
CONTACT WITH CLIENTS
The terms and conditions may regulate the use of the chat or any system of CRM with the objective to contact and help possible OR effective clients.
CONDITIONS OF USE OF THE USER OF THE CHAT/CRM.
The USER agrees to make an appropriate and lawful use of the Chat Application in accordance with the applicable legislation and the USER'S LICENSE AGREEMENT.
PROHIBITED CONDUCTS.
The USER must refrain from:
· Make an unauthorized or fraudulent use of the "AIBEATZ" chat. Unauthorized use is understood to be that which is not intended to enter into a sale contract between potential or current buyers with sellers.
· Access or try to access restricted resources of the App using the chat to do so.Using the chat for illicit, illegal purposes or effects, contrary to the provisions of the LICENSE AGREEMENT, harmful to the rights and interests of third parties, or that in any way may damage, disable or overload or impede the normal use or enjoyment of the PLATFORM.
· Cause damage to the chat, PLATFORM or other USERSS.Introducing or spreading computer viruses or any other physical or logical systems that are likely to cause damage to the systems of "AIBEATZ", its suppliers or third parties,Attempting to access, use and / or manipulate the data of "AIBEATZ", and especially the access, use and / or manipulation of the content of the chat database whatever the purpose pursued.
· Reproduce, copy, distribute, transform or modify the content of the chat "AIBEATZ", allow access to third parties through any form of public communication, unless you have the authorization of the owner of the corresponding rights or it is legally permitted.
· Obtain or try to obtain the contents of the chat using means or procedures other than those that, depending on the case, have been made available for this purpose. The User may only access the chat and its content through authorized means. "AIBEATZ" will not be responsible in case the User does not have a compatible device or has downloaded a version of the Application incompatible with his device.
PERSONAL DATA TREATMENT BY THE CHAT.
The personal data that the USER provides through the chat of "AIBEATZ" will be treated in accordance with the PRIVACY POLICY of "AIBEATZ". For more information, consult our Privacy Policy.
MODIFICATIONS TO THE DIGITAL PLATFORM
AIBEATZ reserves the right to modify, suspend or discontinue, temporarily or permanently, the AIBEATZ MUSICAL CREATION or any service to which it connects, with or without notice and without liability to you.
CHANGES TO THE "USER LICENSE AGREEMENT”
Any change in the USER LICENSE AGREEMENT will be conveniently communicated by "AIBEATZ" to the interested parties and will make the corresponding modifications, in order to observe current regulations.In this sense, "AIBEATZ" reserves the right to modify, at any time, the "USER LICENSE AGREEMENT", the one that is in force at any time depending on its publication being applicable.Any Interested Party is recommended to periodically review our "USER LICENSE AGREEMENT" which will always be available in the "AIBEATZ" PLATFORM MENU.
TERMINATION OF THIS LICENSE AGREEMENT
The License Agreement will remain in effect until terminated by THE USER or "AIBEATZ” as indicated below.
CONDITIONS OF RESOLUTION OF THE CONTRACT:
The USER does not comply with the clauses of the LICENSE AGREEMENT.
The USER does not comply with legal regulations and/or judicial and/or administrative resolutions.
CESSION
The User may not assign his rights and obligations of this USER LICENSE AGREEMENT without the prior written consent of "AIBEATZ".
The successor of the subscription or the buyer of a beat will be bound by the same obligations that the original buyer respect from “AIBEAT”"AIBEATZ" may assign its contractual position through any of the cases of sale, succession of companies, merger, spin-off or transformation of companies.
PRIVACY & COOKIES POLICY.
You agree to AIBEATZ Privacy Policy. Your data and privacy is important to us. See here our Privacy and Cookies Policy.
APPLICABLE LEGISLATION.
The USER LICENSE AGREEMENT will be governed and interpreted in accordance with German Law.
APPLICABLE JURISDICTION
In the event of a possible disagreement with the USER'S LICENSE AGREEMENT, it will be subject to German jurisdiction. The USER is bound to seek for a friendly solution before starting any legal action before German courts or tribunals. This friendly solution consists of contacting AIBEATZ compulsory. In the period of 2 months AIBEATZ will answer the USER and, once this period has past, the USER could start the corresponding legal action.
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