Terms of Use

1. General Information

MYSOULTRACK ("We," "Our," or "Us") provides a platform that combines licensed music from renowned artists with artificial intelligence ("AI")-generated affirmation audios to create personalized soundtracks ("Soultracks"). These Soultracks are designed to help users reprogram their subconscious and achieve personal transformation through the synergistic effect of professional music and tailored affirmations. By using our Services, you agree to these Terms of Use ("Terms").

2. Acceptance of Terms

By accessing or using our platform, website, mobile applications, or any other services we provide (collectively, the "Services"), including by creating an account or clicking "I Agree," you agree to be bound by these Terms. If you do not agree, you may not use the Services. You must be at least 13 years old to use our Services.

3. Third-Party Model Providers

Our Services use AI models from third-party providers, including:

• OpenAI (Terms of Use)
• ElevenLabs (Terms of Service)

You agree to comply with their terms, available at the links above, when using our Services. We are not responsible for interruptions or limitations caused by these third-party providers.

4. Account Registration and Security

4.1. You may need an account to access certain features. You are responsible for keeping your account credentials confidential and for all activities under your account.

4.2. You must provide accurate, current, and complete information during registration and update it as needed.

4.3. Notify us immediately at [email protected] of any unauthorized access or security breach. Failure to do so may make you liable for resulting damages.

4.4. We may terminate accounts inactive for 12 months without notice.

5. Copyright and Intellectual Property

5.1. Ownership and Licensing:

• We own or have licensed all music tracks available on our platform.
• AI-generated affirmations are created using third-party AI services for your personal use.
• The combined Soultracks are new works, but your rights are limited to those stated in these Terms.

5.2. You retain ownership of any content you provide ("User Content") but grant us a perpetual, non-exclusive, royalty-free, worldwide, sublicensable license to use, modify, and reproduce it solely to provide and improve the Services.

5.3. You are responsible for ensuring User Content does not infringe third-party rights.

5.4. See Section 7 below for our DMCA policy regarding copyright complaints.

6. License to Use Soultracks

6.1. Upon payment of the one-time fee and compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use Soultracks for personal, non-commercial purposes only.

6.2. If you download a Soultrack in MP3 format, you agree to the following restrictions:

• You may not share, distribute, transfer, sell, or publicly post the MP3 file in any form.
• Uploading or streaming the Soultrack on platforms such as YouTube, Spotify, SoundCloud, or similar services is strictly prohibited.
• Modifying, remixing, or extracting music or affirmations from the Soultrack is not allowed.

6.3. You may not:

• Separate music from affirmations.
• Create derivative works.
• Use Soultracks commercially (e.g., in paid workshops or ads).

6.4. "Personal use" includes private listening, non-public settings, personal development, and non-commercial social media sharing (e.g., personal stories).

6.5. This license terminates immediately if you violate these Terms. We reserve the right to track, watermark, or take necessary measures to prevent unauthorized distribution of Soultracks. Violations may result in legal action, content takedowns, and account bans.

7. Copyright Complaints

We comply with the Digital Millennium Copyright Act (DMCA). If you believe content on our Services infringes your copyright, notify our Copyright Agent at [email protected]. Your notice must meet DMCA requirements (see 17 U.S.C. § 512(c)(3)). Misrepresentations may result in liability for damages.

8. Usage Restrictions

8.1. You may not:

• Generate illegal or harmful content.
• Reverse engineer or bypass security measures.
• Sell, resell, or commercially exploit Soultracks.
• Use the Services where prohibited by law.

8.2. Any use not expressly permitted is prohibited.

9. Payment Terms

9.1. Soultracks require a one-time fee, detailed on our website at purchase.

9.2. Payments are non-refundable unless required by law or if a Soultrack fails to generate due to our technical error (contact [email protected] within 7 days).

9.3. You are responsible for applicable taxes. Pricing may change for future purchases.

10. Disclaimers and Limitations of Liability

10.1. Disclaimers:

• Services are "as-is" and "as-available."
• We do not guarantee subconscious reprogramming or transformation outcomes.
• Services are not a substitute for professional medical or psychological advice.
• We disclaim all warranties, including merchantability and fitness for a purpose.

10.2. Limitation of Liability:

• We are not liable for indirect, consequential, or punitive damages.
• Our total liability is limited to the amount you paid us in the prior 12 months, or $100, whichever is greater.

11. Indemnification

You agree to indemnify and hold us harmless from claims arising from your use of the Services, User Content, or violation of these Terms or third-party rights.

12. Termination

12.1. You may terminate your account by contacting [email protected].

12.2. We may suspend or terminate your access for any reason, including Terms violations.

12.3. Upon termination, your license ends, but we may retain data as required by law.

13. Dispute Resolution

13.1. Governing Law: These Terms are governed by Delaware law, without regard to conflict of law principles.

13.2. Arbitration:

• Disputes will be resolved by binding arbitration via the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except for small claims or IP disputes.
• Arbitration occurs in Delaware, in English. You waive jury trials and class actions.
• To opt out, email [email protected] within 30 days of accepting these Terms with your name and intent to opt out.

14. Changes to Terms

We may update these Terms, notifying you via email or our website 30 days before changes take effect. Continued use after changes indicates acceptance.

15. Export Controls

You may not use the Services if you are in a U.S.-sanctioned country (e.g., Cuba, Iran) or on a U.S. sanctions list. You must comply with U.S. export laws.

16. Miscellaneous

16.1. These Terms, with our Privacy Policy, are the entire agreement.

16.2. If any provision is unenforceable, it will be severed, and the rest remains valid.

16.3. We are not liable for delays due to events beyond our control (e.g., natural disasters).

17. Mobile App Terms

If you download our mobile app from an App Store (e.g., Apple App Store, Google Play), you agree:

• These Terms are between you and us, not the App Store.
• We, not the App Store, are responsible for the app.
• App Store terms may apply if more restrictive.

18. Contact Information

Email: [email protected]