Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Trackart ("we," "our," or "us") regarding your use of our music analysis and cover art generation service (the "Service").

By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

Trackart provides an AI-powered service that:

• Analyzes audio files uploaded by Users (including tempo, BPM, genre, mood, energy, and other musical characteristics)
• Generates unique cover artwork based on the analyzed audio characteristics
• Allows Users to download and use the generated artwork according to the license terms specified herein
• Offers the ability to add text to the generated images

3.1 Account Creation

To use our Service, you must create an account by authenticating via Google. We collect basic information provided by Google, such as your email address and name.

3.2 Account Accuracy

You agree to ensure that the information associated with your Google account is accurate, current, and complete. You are responsible for updating this information with Google.

3.3 Account Security

You are responsible for the security of your Google account and for all activities that occur under your account on our Service. You agree to notify us immediately of any unauthorized use of your account.

3.4 Eligibility

You must be at least 16 years of age to use the Service. By using the Service, you represent and warrant that you meet the eligibility requirements.

3.5 Text on Image Functionality

Our Service allows you to add text to the generated covers. You agree not to use this feature to:

• Add defamatory, obscene, hateful, or illegal content
• Violate the intellectual property rights of others (trademarks, etc.)
• Create misleading or fraudulent content

3.6 Inappropriate Audio Content

You agree not to upload to our Service audio files containing:

• Obscene, pornographic, or sexually explicit content
• Hate speech, threats, or incitement to violence
• Defamatory statements or content harming the reputation of others
• Content violating copyright or other intellectual property rights
• Extremely violent or disturbing sounds or lyrics

3.7 Misuse of Service

The following are considered misuses of the Service and are strictly prohibited:

• Automated mass generation of covers without legitimate use
• Using the Service to create content intended to deceive or harm others
• Reselling generated covers as a competing service
• Circumventing technical limits or subscription restrictions
• Using the Service to promote illegal activities
• Uploading music containing viruses or other malicious elements

4.1 Subscription Plans

We offer various subscription plans with different features, limitations, and pricing. Current plan details are available on our website.

4.2 Free Tier Limitations

If applicable, our free tier provides limited access to the Service with restrictions on the number of generations, quality, or other features.

4.3 Payment and Billing

• All payments are processed through secure third-party payment processors.
• Subscription fees are billed in advance on a recurring basis depending on your chosen plan.
• You authorize us to charge the applicable fees to your designated payment method.

4.4 Refunds

Due to the digital nature of our Service, all purchases are final and non-refundable unless required by applicable law.

4.5 Price Changes

We reserve the right to modify our pricing with reasonable notice. Any price changes will be communicated to you in advance and will apply to the next billing cycle.

5.1 Audio File Ownership

You retain all ownership rights to the audio files you upload to the Service.

5.2 License Granted to Trackart

You grant us a non-exclusive, worldwide, royalty-free license to use, store, and process your audio files solely for the purpose of:

• Providing and improving the Service
• Analyzing the audio to generate cover artwork
• Training and improving our AI algorithms, in anonymized form

5.3 Copyright Compliance

You represent and warrant that you have all necessary rights and permissions to upload any audio files to our Service and that such uploads do not infringe on any third-party rights.

6.1 Cover Artwork Ownership

The cover artwork generated through our Service is subject to the following ownership rights:

• You receive a non-exclusive, worldwide, and perpetual license to use the generated artwork
• We retain underlying intellectual property rights to the AI-generated artwork

6.2 User License for Generated Content

When you generate cover artwork through our Service, you receive a non-exclusive, worldwide license to:

• Use the artwork for personal or commercial purposes
• Display, reproduce, and distribute the artwork
• Create derivative works based on the artwork
• Use it as album cover, mixtape cover, or any other musical usage

6.3 License Limitations

The license for generated artwork does not include the right to:

• Claim exclusive ownership of the generated artwork
• Sell or redistribute the artwork as stock images or templates
• Use the artwork in a way that violates these Terms or applicable laws

6.4 Trackart Rights

We reserve the right to:

• Temporarily store generated artwork to improve our algorithms
• Display generated artwork in our portfolio, website, or marketing materials (you can opt out by contacting us)
• Remove any content that violates these Terms or our policies

You agree not to use the Service to:

• Upload or analyze any audio content that is unlawful, harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable
• Infringe on the intellectual property rights of others
• Attempt to reverse-engineer our algorithms or systems
• Circumvent any technological measures implemented to protect the Service
• Exploit the Service for any unauthorized commercial purpose

8.1 Termination by User

You may terminate your account at any time by contacting us at trackartio@gmail.com.

8.2 Termination by Trackart

We reserve the right to suspend or terminate your access to the Service at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to the Service, other Users, third parties, or our business interests.

8.3 Effect of Termination

Upon termination:

• Your access to the Service will cease
• We may delete your account data according to our Privacy Policy
• Any outstanding payment obligations will remain in effect
• Licenses already granted for generated artwork will remain valid

9.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

9.2 Generated Content Disclaimer

We do not guarantee that the generated cover artwork will meet your expectations or requirements. The quality, artistic style, and appropriateness of the generated artwork may vary.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.

We may modify these Terms at any time by posting the revised Terms on our website. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes.

These Terms shall be governed by and construed in accordance with French law, without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Service shall be resolved by:

1. Informal negotiation (within 30 days of notice of dispute)
2. Mediation (if informal resolution fails)
3. Competent French courts (if mediation fails)

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the Service.

12.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

12.3 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at our sole discretion.

12.4 Contact Information

For questions about these Terms, please contact us at trackartio@gmail.com.