Terms of Service

Effective Date: October 30, 2024

Last Updated: October 30, 2024

Welcome to FLEER AI Music ("FLEER", "we", "our", or "us"). These Terms of Service ("Terms") govern your use of our mobile and desktop application (the "App") and related services (collectively, the "Service").

By creating an account or using our Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Acceptance of Terms

By accessing or using FLEER, you agree to:

  • These Terms of Service
  • Our Privacy Policy
  • Any additional terms that apply to specific features
  • Apple's App Store Terms (iOS/macOS) or Google Play Terms (Android)

We may modify these Terms at any time. Continued use after changes constitutes acceptance of the modified Terms.

2. Eligibility

  • You must be at least 13 years old to use the Service
  • Users under 18 must have parental or guardian consent
  • You must provide accurate registration information
  • You are responsible for maintaining account security
  • One person or entity may not maintain more than one free account

3. Account Registration and Security

  • You must create an account to access certain features
  • You are responsible for all activity under your account
  • Keep your password confidential and secure
  • Notify us immediately of any unauthorized access
  • We reserve the right to suspend or terminate accounts that violate these Terms
  • You may not sell, transfer, or share your account

4. Credits and Subscriptions

4.1 Credits System

  • Credits are the virtual currency used to generate AI music
  • Generating one song typically costs 10 credits
  • Credits are purchased through in-app purchases or earned through daily bonuses
  • Credits are non-refundable and non-transferable
  • Credits have no cash value and cannot be redeemed for money
  • Unused credits do not expire while your account is active

4.2 Free Tier

  • Free users receive 20 credits per day through daily sign-in bonuses
  • Daily bonuses must be claimed within 24 hours
  • Free tier is subject to reasonable use limitations

4.3 Subscriptions

  • Basic ($4.99/month): 500 credits per month (50 songs)
  • Pro ($9.99/month): 1,200 credits per month (120 songs) with rollover
  • Creator ($19.99/month): 3,000 credits per month (300 songs) with commercial license

Subscription Terms:

  • Subscriptions auto-renew monthly unless cancelled
  • Cancel anytime through your App Store or Google Play account settings
  • Cancellation takes effect at the end of the current billing period
  • No refunds for partial months or unused credits
  • Subscription credits are granted at the start of each billing period
  • Pro and Creator tier credits may roll over (see plan details)

4.4 Credit Packs

  • One-time credit purchases are available in various amounts
  • Credit packs never expire
  • All sales are final; no refunds except where required by law

4.5 Payments and Refunds

  • All purchases are processed through Apple App Store or Google Play
  • Prices are in U.S. Dollars and may vary by region
  • Refund requests must be made through your platform's refund system
  • We do not process refunds directly
  • Abusing refund systems may result in account termination

5. AI Music Generation and Content

5.1 Music Generation

  • AI-generated music is created based on your text prompts
  • Generation quality and results may vary
  • We do not guarantee specific artistic outcomes
  • Generation may occasionally fail due to technical issues; credits may be refunded
  • Generated music is subject to the AI model's capabilities and limitations

5.2 Content Ownership and Rights

  • Your Content: You own the AI-generated songs you create
  • License to Us: You grant us a worldwide, non-exclusive license to store, display, and process your generated content to provide the Service
  • Public Content: Content you mark as "public" can be viewed by other users
  • Commercial Use: Commercial use of generated music requires a Creator subscription or higher
  • Third-Party Content: You may not use the Service to create music that infringes others' rights

5.3 Content Guidelines

You agree not to generate content that is:

  • Illegal, harmful, or promotes illegal activity
  • Hateful, discriminatory, or harassing
  • Sexually explicit or pornographic
  • Violent or promotes violence
  • Infringes intellectual property rights
  • Contains personal information of others without consent
  • Spam, scams, or misleading

We reserve the right to remove content and terminate accounts that violate these guidelines.

6. Acceptable Use

You agree NOT to:

  • Use the Service for any illegal purpose
  • Attempt to gain unauthorized access to our systems
  • Reverse engineer, decompile, or disassemble the App
  • Use bots, scripts, or automation to abuse the Service
  • Share your account credentials with others
  • Create multiple accounts to abuse free credits
  • Sell or redistribute AI-generated music without proper licensing
  • Upload viruses, malware, or harmful code
  • Impersonate others or misrepresent your identity
  • Scrape, data mine, or harvest content without permission
  • Interfere with other users' enjoyment of the Service

7. Intellectual Property

7.1 Our IP

  • The FLEER app, brand, logo, and interface are our intellectual property
  • The underlying AI models are licensed from third-party providers
  • You may not copy, modify, or create derivative works of the App
  • All rights not expressly granted are reserved

7.2 Your IP

  • You retain ownership of text prompts, lyrics, and song titles you provide
  • All AI-generated audio output belongs to the community. The community has access to each generated track
  • Your license to commercial use depends on your subscription tier

7.3 DMCA and Copyright

We respect intellectual property rights. If you believe content infringes your copyright, contact us with:

  • Identification of the copyrighted work
  • Location of the infringing content
  • Your contact information
  • A statement of good faith belief
  • A statement of accuracy under penalty of perjury
  • Physical or electronic signature

8. Third-Party Services

  • The Service integrates with third-party AI music generation platforms
  • These providers have their own terms and privacy policies
  • We are not responsible for third-party services or their content
  • Third-party availability and pricing may change without notice

8.5 Open Source Music Database

FLEER also operates an open source music database for AI research and training. If you choose to contribute music to this database, different terms apply:

  • Content uploaded to the database is licensed exclusively for AI model training purposes
  • The license grants permission to train AI models only and does not extend to other uses
  • AI models trained on this data must be open source

For complete details on the open source database terms, please review our Open Source Database License Terms.

9. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

9.1 Disclaimers

  • We do not guarantee uninterrupted, secure, or error-free service
  • AI-generated content quality is not guaranteed
  • Music generation may occasionally fail or produce unexpected results
  • We are not liable for content generated by AI or by users
  • We do not warrant that the Service meets your requirements

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • We are not liable for indirect, incidental, consequential, or punitive damages
  • Our total liability is limited to the amount you paid us in the past 12 months
  • We are not liable for losses resulting from unauthorized account access
  • We are not liable for third-party actions or content

Some jurisdictions do not allow these limitations, so they may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless FLEER, its officers, directors, employees, and agents from any claims, liabilities, damages, and costs (including legal fees) arising from:

  • Your use of the Service
  • Your content and AI-generated music
  • Your violation of these Terms
  • Your violation of others' rights

11. Termination

11.1 By You

  • You may delete your account at any time through the App settings
  • Deletion is permanent and cannot be undone
  • Unused credits and subscription time are forfeited (no refunds)

11.2 By Us

We may suspend or terminate your account if you:

  • Violate these Terms
  • Engage in fraudulent or illegal activity
  • Abuse the Service or other users
  • Create multiple accounts to exploit free credits
  • Fail to pay for services

11.3 Effect of Termination

  • Your access to the Service will be revoked
  • Your generated content may be deleted
  • You must cease all use of our intellectual property
  • Sections that survive termination: Liability, Indemnification, Dispute Resolution

12. Dispute Resolution and Arbitration

12.1 Informal Resolution

Before filing a claim, you agree to contact us to attempt informal resolution.

12.2 Binding Arbitration

Any dispute will be resolved by binding arbitration rather than in court, except:

  • Small claims court actions
  • Intellectual property disputes
  • Where prohibited by law

12.3 Class Action Waiver

You agree that disputes will be resolved individually, not as part of a class action or consolidated proceeding.

12.4 Governing Law

These Terms are governed by the laws of the United States, without regard to conflict of law principles.

13. Export Controls

The Service may be subject to export control laws. You represent that you are not located in a country subject to U.S. embargo or designated as a "terrorist supporting" country, and that you are not on any prohibited or restricted party list.

14. Changes to Terms

  • We may update these Terms at any time
  • Material changes will be notified via email or in-app notice
  • Continued use after changes constitutes acceptance
  • If you disagree with changes, stop using the Service and delete your account

15. General Provisions

15.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and FLEER.

15.2 Severability

If any provision is found unenforceable, the remaining provisions remain in effect.

15.3 Waiver

Failure to enforce any right or provision does not waive that right.

15.4 Assignment

You may not assign these Terms. We may assign our rights without restriction.

15.5 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

15.6 Platform Terms

Your use is also subject to Apple App Store Terms (iOS/macOS) or Google Play Terms (Android).

16. Contact Information

For questions, concerns, or notices regarding these Terms, contact us:

  • Email: support@fleer.ai
  • App: Settings → Help & Support

We will respond within 7 business days.

17. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

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