Terms of Service for Soundtrak

1. Agreement to Terms

By downloading, installing, or using the Soundtrak mobile application ("App," "Service," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the App.

These Terms constitute a legally binding agreement between you ("you," "your," or "User") and Soundtrak. We reserve the right to update these Terms at any time. Your continued use of the App after changes are posted constitutes acceptance of the modified Terms.

2. Description of Service

Soundtrak is an iOS application that generates personalized, adaptive music based on real-time sensor data from your device, including:

• Location and movement data (GPS, motion sensors, activity tracking)
• Health and fitness data (heart rate, workouts, steps via HealthKit)
• Calendar events and schedules
• Environmental data (weather conditions, time of day)
• Device and system information

The App uses artificial intelligence and third-party music generation APIs to create unique soundtracks tailored to your current context and activities.

Key Features:

• Background Mode: Instrumental music generation using AI models
• DJ Mode: Curated track selection via Apple Music API
• Theme Song Mode: Personalized songs with lyrics based on your location and activity

3. Account Registration & Authentication

3.1 Account Creation

To use Soundtrak, you must create an account using Google OAuth authentication. By creating an account, you:

• Authorize us to access your Google email address and name for account identification
• Agree to maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Agree to notify us immediately of any unauthorized access or security breach

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account login information
• All activity that occurs under your account
• Ensuring your Google account remains secure and active

We reserve the right to suspend or terminate accounts that we suspect have been compromised or are being used in violation of these Terms.

3.3 Account Termination

You may delete your account at any time through the App's Settings. Upon account deletion:

• All your personal data will be permanently deleted within 30 days
• Generated songs and preferences will be removed
• Active subscriptions will continue until the end of the billing period unless cancelled separately through Apple's subscription management

4. Subscription & Payment Terms

Soundtrak offers a free tier with limited features and a premium subscription for unlimited access.

4.1 Free Tier

The free tier includes:

• Daily Usage Limit: 10 minutes of music generation per day (subject to change)
• Music Sources: Apple Music (DJ Mode) and Ace Step (Background Mode)
• AI Models: Apple Intelligence only
• Features: Access to all three music modes (Background, DJ, Theme Song) with limited sources

Daily quotas reset at midnight UTC. Unused minutes do not roll over to the next day.

4.2 Premium Subscription

Premium subscribers receive:

• Unlimited Music Generation: No daily time limits
• All Music Sources: Access to all AI music generation APIs including:
  • Stable Audio (instrumental)
  • ElevenLabs (vocal music)
  • Udio (music with lyrics)
  • Suno (alternative music generation)
  • Ace Step
  • Apple Music
• All AI Models: Choose between Claude, OpenAI GPT, Google Gemini, and Apple Intelligence for prompt generation
• Priority Access: Premium users receive priority during high-traffic periods
• Early Access: First access to new features and music sources

4.3 Payment Processing

All payments are processed through Apple's App Store. By purchasing a subscription:

• You authorize Apple to charge your selected payment method
• Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• The renewal cost will be the same as the original subscription price unless we notify you in advance
• You can manage and cancel subscriptions in your iOS Settings > [Your Name] > Subscriptions

We do not have access to your payment information. All billing is handled by Apple.

4.4 Grace Period & Subscription Expiration

If your subscription payment fails, you will enter a grace period:

• Grace Period Duration: 16 days from subscription expiration
• Access During Grace Period: Full premium access continues
• After Grace Period: Account reverts to free tier with daily limits

To restore premium access, update your payment method in the App Store and allow the subscription to renew.

4.5 Free Trial (If Offered)

From time to time, we may offer free trial periods for the premium subscription. Free trials:

• Are available only to new subscribers who have never subscribed before
• Automatically convert to paid subscriptions unless cancelled before the trial ends
• Require valid payment information to start
• Can be cancelled anytime during the trial period without charge

4.6 Refunds

All purchases are final. Refunds are subject to Apple's App Store refund policy. We do not process refunds directly. To request a refund:

1. Visit https://reportaproblem.apple.com
2. Sign in with your Apple ID
3. Find your Soundtrak subscription purchase
4. Follow Apple's refund request process

Refund eligibility is determined solely by Apple according to their policies.

4.7 Price Changes

We reserve the right to change subscription pricing. If we increase the price:

• Existing subscribers will be notified at least 30 days in advance
• The new price will apply to your next billing cycle after the notice period
• You may cancel your subscription before the price change takes effect

5. Usage Restrictions & Acceptable Use

5.1 Permitted Use

You may use Soundtrak for:

• Personal, non-commercial music generation and entertainment
• Creating adaptive soundtracks for your own activities (running, driving, working, etc.)
• Saving and sharing generated music for personal use

5.2 Prohibited Use

You agree NOT to:

• Violate Laws: Use the App for any illegal purpose or in violation of any local, state, national, or international law
• Abuse the Service:
  • Attempt to circumvent usage limits or subscription requirements
  • Use automated tools (bots, scripts) to generate excessive music
  • Create multiple accounts to exploit free tier quotas
  • Share subscription credentials with others
• Harm the Infrastructure:
  • Attempt to gain unauthorized access to our servers or databases
  • Interfere with or disrupt the App's operation
  • Introduce viruses, malware, or any malicious code
  • Reverse engineer, decompile, or disassemble the App
• Commercial Exploitation:
  • Resell, redistribute, or sublicense generated music without proper rights
  • Use the App to provide music generation services to third parties
  • Extract or scrape data from the App
• Infringe Rights:
  • Use the App to infringe on intellectual property rights of others
  • Generate music with prompts designed to violate copyrights or trademarks
  • Impersonate others or provide false information

5.3 Content Guidelines

When using Theme Song Mode with lyrics, you must not generate content that:

• Is hateful, discriminatory, or promotes violence
• Is sexually explicit or pornographic
• Infringes on others' privacy or intellectual property
• Contains malicious or deceptive information
• Violates any applicable laws or regulations

We reserve the right to monitor generated content and remove any material that violates these guidelines.

6. Intellectual Property Rights

6.1 Our Intellectual Property

Soundtrak and all associated trademarks, service marks, logos, and trade names are our intellectual property or our licensors'. You may not use our branding without prior written permission.

The App's source code, design, functionality, and overall "look and feel" are protected by copyright, trademark, and other intellectual property laws. You do not acquire any ownership rights by using the App.

6.2 Generated Music Ownership

Who Owns Generated Music?

Music generated through Soundtrak involves multiple contributors:

• Your Input: Sensor data, preferences, and contextual information you provide
• AI Processing: Prompts and lyrics generated by AI models (Claude, OpenAI, Gemini, Apple Intelligence)
• Music Generation: Audio created by third-party music generation services (ElevenLabs, Stable Audio, Udio, etc.)

Ownership Structure:

1. Personal Use Rights: You have the right to use generated music for personal, non-commercial purposes
2. Third-Party Rights: Music generation services (ElevenLabs, Udio, Stable Audio, etc.) retain certain rights to the underlying AI models and generation technology
3. Our Rights: We retain rights to the App platform, prompt generation system, and overall service architecture

Specific Service Terms:

• ElevenLabs: https://elevenlabs.io/terms
• Stable Audio: https://stability.ai/terms
• Udio: https://udio.com/terms
• Apple Music: https://www.apple.com/legal/internet-services/itunes/

We do not grant any commercial licenses to generated music. You must independently verify your rights and obtain licenses from the underlying music generation services for any commercial use.

6.3 User-Provided Data

You retain ownership of your personal data (location, health information, calendar events, etc.). By using the App, you grant us a limited license to:

• Process your sensor data to generate music prompts
• Store your generated songs and preferences on our servers
• Use aggregated, anonymized data to improve the App

This license terminates when you delete your account or remove specific generated songs.

7. Third-Party Services & Integrations

Soundtrak integrates with numerous third-party services to provide functionality. Your use of these services is subject to their respective terms:

7.1 Authentication

• Google OAuth: https://policies.google.com/terms

7.2 AI & Prompt Generation

• Anthropic (Claude): https://www.anthropic.com/legal/consumer-terms
• OpenAI (ChatGPT): https://openai.com/policies/terms-of-use
• Google (Gemini): https://policies.google.com/terms
• Apple (Apple Intelligence): https://www.apple.com/legal/sla/

7.3 Music Generation Services

• ElevenLabs: https://elevenlabs.io/terms
• Stability AI (Stable Audio): https://stability.ai/terms
• Udio: https://udio.com/terms
• Replicate: https://replicate.com/terms
• Fal.ai: https://fal.ai/terms

7.4 Other Services

• Apple Music API: https://www.apple.com/legal/internet-services/itunes/
• OpenWeatherMap: https://openweathermap.org/terms
• Supabase (Backend): https://supabase.com/terms

8. Privacy & Data Collection

Your privacy is important to us. Our collection, use, and sharing of your personal information is governed by our Privacy Policy, available at [Privacy Policy URL].

Key Points:

• We collect location, health, calendar, and sensor data to generate personalized music
• We share processed context (not raw sensor data) with AI services for prompt generation
• We share music prompts with third-party music generation APIs
• We do not sell your personal information
• You can control data collection via iOS privacy settings
• We use industry-standard encryption and security measures

By using Soundtrak, you consent to the data practices described in our Privacy Policy.

9. Disclaimers & Limitations

9.1 Service Availability

Soundtrak is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

• No Uptime Guarantee: We do not guarantee uninterrupted or error-free service
• Third-Party Dependencies: Service may be interrupted due to third-party API failures
• Device Compatibility: We do not guarantee compatibility with all iOS devices or versions
• Feature Availability: Features may vary based on device capabilities, iOS permissions, and subscription tier

9.2 AI-Generated Content

Music and lyrics generated by Soundtrak are created using artificial intelligence. We make no warranties regarding:

• Quality: AI-generated music may vary in quality and may not meet your expectations
• Accuracy: Lyrics may be contextually inaccurate or nonsensical
• Appropriateness: AI may occasionally generate unexpected or inappropriate content despite our safety measures
• Originality: While AI generates new compositions, we cannot guarantee absolute uniqueness or absence of similarity to existing works

9.3 Health & Safety

Heart Rate Monitoring: Music tempo suggestions based on heart rate are approximate and for entertainment only. Do not rely on Soundtrak for medical monitoring or health decision-making.

9.4 Location-Based Services

Music generation based on location is for entertainment and personalization only. Soundtrak is NOT:

• A navigation app
• A safety or emergency service
• Guaranteed to accurately identify your location or surroundings

Always use dedicated navigation apps for wayfinding and emergency services for safety.

9.5 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

1. No Consequential Damages: We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or use, even if advised of the possibility of such damages.
2. Liability Cap: Our total liability to you for all claims arising from or related to the App shall not exceed the greater of:
   • The amount you paid us in the 12 months before the claim arose, or
   • $100 USD
3. Third-Party Actions: We are not liable for damages caused by third-party services, AI models, or music generation APIs integrated into the App.
4. Force Majeure: We are not liable for failures or delays caused by events beyond our reasonable control, including natural disasters, wars, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, pandemics, or internet service interruptions.

9.6 Warranties Disclaimer

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY
• TITLE
• QUIET ENJOYMENT

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless Soundtrak, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the App
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any content you generate or share using the App
• Your commercial use of AI-generated music without proper licensing
• Any false or misleading information you provide

This indemnification obligation survives termination of these Terms and your use of the App.

11. Termination

11.1 Termination by You

You may stop using the App at any time by:

• Deleting the App from your device
• Deleting your account through Settings > Account > Delete Account
• Cancelling your subscription through iOS Settings

11.2 Termination by Us

We reserve the right to suspend or terminate your access to the App, with or without notice, for:

• Violation of these Terms
• Fraudulent or illegal activity
• Abuse of the service or excessive API usage
• Chargebacks or payment disputes
• Providing false information during registration
• Prolonged inactivity (6+ months with no login)

11.3 Effect of Termination

Upon termination:

• Your right to use the App immediately ceases
• Your account data will be deleted within 30 days
• Generated songs and preferences will be removed
• Subscriptions will not be refunded (subject to Apple's refund policy)
• Sections of these Terms that by their nature should survive termination will continue to apply

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of [Your State/Country], without regard to conflict of law provisions.

12.2 Informal Resolution

Before filing a claim, you agree to contact us at [support email] to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days of receiving your notice.

12.3 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved through binding arbitration, except:

• Small claims court actions (up to the jurisdictional limit)
• Intellectual property disputes
• Actions to enforce arbitration awards

Arbitration Process:

• Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules
• Arbitration will be conducted by a single arbitrator
• Arbitration will take place in [Your Location/Virtual]
• The arbitrator's decision will be final and binding
• Judgment on the award may be entered in any court having jurisdiction

Opt-Out:

You may opt out of this arbitration agreement by sending written notice to [address] within 30 days of first accepting these Terms. Your notice must include your name, address, and email. If you opt out, you retain your right to litigate disputes in court.

12.4 Jurisdiction

If arbitration does not apply (e.g., you opted out or the dispute involves exceptions listed above), you agree to submit to the exclusive jurisdiction of the state and federal courts located in [Your Location].

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Soundtrak regarding your use of the App and supersede all prior agreements.

13.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

13.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver must be in writing and signed by us.

13.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms or our rights and obligations without restriction.

13.5 Force Majeure

We are not liable for any failure or delay in performance due to events beyond our reasonable control, including acts of God, war, terrorism, pandemics, natural disasters, or internet service disruptions.

13.6 Export Compliance

The App may be subject to export laws and regulations. You agree to comply with all applicable export and re-export control laws and regulations.

13.7 Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will update the "Last Updated" date
• For material changes, we will notify you via email or in-app notification
• Your continued use after changes constitutes acceptance
• If you do not agree to changes, you must stop using the App and delete your account

13.8 Contact Information

For questions about these Terms, please contact us:

13.9 Language

These Terms are prepared in English. Any translation is provided for convenience only. In case of conflict between the English version and a translation, the English version prevails.

13.10 Survival

The following sections survive termination of these Terms: Intellectual Property Rights, Disclaimers & Limitations, Limitation of Liability, Indemnification, Dispute Resolution, and General Provisions.

14. Apple-Specific Terms

Because Soundtrak is distributed through the Apple App Store, the following additional terms apply:

14.1 Acknowledgement

You acknowledge that:

• These Terms are between you and Soundtrak, not Apple
• Apple has no obligation to provide maintenance or support for the App
• Apple is not responsible for addressing claims relating to the App or your use of it
• In the event of third-party claims that the App infringes intellectual property rights, we (not Apple) are responsible for investigation, defense, settlement, and discharge of such claims

14.2 Third-Party Beneficiary

Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple has the right to enforce these Terms against you as a third-party beneficiary.

14.3 App Store Terms

Your use of the App is also subject to the Apple Media Services Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/).

Acceptance

By clicking "Accept," creating an account, or using the Soundtrak app, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

Last Updated: October 1, 2025
Effective Date: October 1, 2025