Quick Summary: Please read these Terms carefully. They govern your use of the Ambient Symphony app. Key points include:
- Music generated by the app is owned by Robots and Symphonies. You get a license to use it.
- Personal, non-commercial use of generated music is freely allowed.
- Commercial use is permitted under specific conditions, requiring clear credit for smaller entities, and a custom license for larger ones (revenue over $200,000).
- You are responsible for backing up your data and for ensuring your commercial use of generated music complies with all copyright laws.
- We do not collect or store your personal data on our servers; it stays on your device.
Your continued use of the App signifies your agreement to these Terms. If you do not agree, please do not use the App.
1. Use of the App
Subject to your compliance with these Terms of Use ("Terms") and any other applicable provisions, Robots and Symphonies grants you a **non-exclusive and non-transferable right** to use the App and the services offered therein (the "Services") as permitted by Robots and Symphonies. This right of use may be limited or revoked by Robots and Symphonies at any time.
You must be at least 18 years old, or have the consent of a parent or legal guardian, to use the App.
In particular, you are **not entitled to**:
- **Transfer, resell, rent, lend, reproduce, or otherwise distribute or pass on the App or your access to third parties.**
- Use the App or the Services to develop other services.
- Activate and use functionalities of the App or the Services for which you have not been granted any rights of use.
- Change, translate, reproduce, decompile the source code of the App, or examine its functions, except to the extent expressly permitted by law.
- Remove, conceal, or change legal notices, particularly regarding intellectual property rights.
The App may require an internet connection to function properly. You are responsible for any associated data charges.
2. User Data and App Updates
All user data, settings, and content generated *by your use of the App* (e.g., saved musical compositions) are stored locally on your device. We do not collect or store your personal data on our servers.
You are responsible for backing up your user data. We are not responsible for any loss of user data due to device failure, app updates, or other circumstances.
We may release updates to improve the App's functionality, security, or compatibility. While we attempt to maintain backwards compatibility with user data, we cannot guarantee that all data will be preserved across all updates.
App updates may be delivered automatically through your device's app store, and some updates may be necessary for continued functionality.
3. Purchases and Payments
The App is available for a one-time purchase. Future major updates (e.g., Version 2 and beyond) may require an additional purchase, which will be clearly communicated in advance.
The App is sold separately for each platform (iOS, Android, Windows, macOS, etc.). A purchase on one platform does not grant access to the App on other platforms.
Payments are processed through the respective app store (e.g., Apple App Store, Google Play Store, or desktop platform), and their terms apply.
All sales are final. Refunds are subject to the policies of the app store through which you made the purchase. All refund requests must be made directly through the app store where you purchased the App. We do not process refunds directly. Any refund determinations are subject solely to the app store's policies.
4. Intellectual Property and Licenses
4.1. Ownership of App and Generated Music
All App software, interface, visual elements, and other proprietary content (excluding music generated by the App) is owned by Robots and Symphonies or its licensors and is protected by copyright and other intellectual property laws.
Important Note on Generated Music Ownership:
All music generated by the App is created autonomously through systems developed by Robots and Symphonies. These systems use stochastic processes and procedural algorithms to create original musical material. Users may influence playback characteristics such as tempo or effects using sliders, but do not input prompts or creative content. The underlying musical compositions are generated without relying on training data or AI models based on existing works.
Accordingly, all generated music is the sole property of Robots and Symphonies or its licensors and is protected by copyright and other intellectual property laws. Your use of such generated music is strictly governed by the licenses granted to you in this Section 4.
4.2. Personal Use License for Generated Music:
Robots and Symphonies grants you a non-exclusive, non-transferable, worldwide, royalty-free license to use any music generated through the App for personal, non-commercial purposes without restriction. This license is perpetual, provided you comply with these Terms.
4.3. Commercial Use Licenses for Generated Music:
Commercial use of music generated by the App is permitted only under the following specific license conditions:
- **Entities with Annual Revenue Under $200,000 (Limited Commercial License):** Robots and Symphonies grants entities with total gross annual revenue from all business operations worldwide under $200,000 a limited, non-exclusive, non-transferable, revocable, royalty-free commercial license to use music generated by the App. This license permits public performance or play, or use in recorded format, provided you prominently credit "Generated using Ambient Symphony by Robots and Symphonies" in a clear and legible or audible manner (e.g., in video descriptions, album liner notes, podcast credits, or similar public-facing materials).
- **Entities with Annual Revenue of $200,000 or More (Commercial Licensing Required):** Entities with total gross annual revenue from all business operations worldwide of $200,000 or more must obtain a separate, custom commercial license from Robots and Symphonies *before* using any music generated by the App for commercial purposes. This includes, but is not limited to, public performance, play, or use in recorded format, regardless of any modifications made to the generated music. Contact hello [at] robotsandsymphonies [dot] com for licensing inquiries.
- For the purposes of this section, "annual revenue" means total gross revenue from all business operations worldwide of the entity utilizing the music.
4.4. All Other Content and Prohibited Uses:
- You may not copy, distribute, publicly display, or create derivative works from the App software, interface, visual elements, or any other App content (excluding music generated by the App under the licenses granted above) without prior written consent from Robots and Symphonies.
- Any commercial use of App content other than music generated by the App and licensed under Section 4.3 requires a separate license. Contact hello [at] robotsandsymphonies [dot] com for licensing inquiries.
- Direct recordings or captures of the App's interface or software operation, particularly those that primarily showcase the App's generative process rather than the final generated music itself, may not be released on any media platform, including but not limited to social media, streaming services, or physical formats, without prior written consent.
4.5. AI-Generated Content Disclaimers:
You acknowledge that the music generated by the App is created through autonomous stochastic and procedural systems developed by Robots and Symphonies. While we strive to create original content, Robots and Symphonies does not guarantee that music generated by the App will be unique, free from accidental resemblances to existing copyrighted works, or suitable for all commercial purposes without independent legal review by you. You bear sole responsibility for ensuring your commercial use of the generated music complies with all applicable laws, including copyright and intellectual property laws, and for any liabilities arising from such use.
Recommendation: For significant commercial uses, we strongly advise you to consult with independent legal counsel to ensure full compliance with all applicable laws and to mitigate potential liabilities.
All licensing and usage determinations are subject to our sole discretion.
For licensing inquiries, please contact hello [at] robotsandsymphonies [dot] com.
5. Disclaimers and Limitations of Liability
The App is provided "as is," "with all faults," and "as available," without warranties of any kind, express or implied. To the fullest extent permitted by law, Robots and Symphonies disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Robots and Symphonies is not responsible for any unintended effects resulting from the use of the App, including but not limited to reliance on relaxation techniques or any medical or health-related outcomes. The App is not intended to provide medical, therapeutic, or professional advice.
To the fullest extent permitted by law, Robots and Symphonies shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the App; (b) any conduct or content of any third party on the App; (c) any content obtained from the App; or (d) unauthorized access, use, or alteration of your transmissions or content.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you to the extent prohibited by law. In such jurisdictions, Robots and Symphonies' liability will be limited to the greatest extent permitted by law.
6. Privacy
Your use of the App is also governed by our Privacy Policy, which explains how we collect, use, and protect your data. Please review our Privacy Policy by clicking the link or accessing it within the App's settings.
7. Changes to These Terms
We reserve the right to update these Terms at any time. If significant changes are made, we will notify you via the App or another communication method (e.g., email if you've provided it). Continued use of the App after changes is posted constitutes your acceptance of the updated Terms.
8. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles. You agree that any legal action or proceeding arising out of or relating to these Terms or your use of the App shall be brought exclusively in the state and federal courts located in Kent County (where Dover is located), Delaware, United States of America. You hereby consent to the personal jurisdiction and venue in these courts.
9. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be severed, and the remaining provisions of these Terms will continue in full force and effect.
10. Contact Information
If you have any questions about these Terms, you may contact us at: hello [at] robotsandsymphonies [dot] com.