The following key points of the Terms of Service are only brought for your convenience. These key points do not substitute the full Terms, as further described in this document.
By accessing or using Aiode Musicians in any way, or by registering as a User of the Service, you agree to be bound by these Terms. The Service is intended and permitted only for individuals 18 years of age or older or any other legal entity.
REGISTRATION AND USER ACCOUNT Use of our general website is available to all internet users. The Service is available only to registered Users and may be subject to a waiting list. Your User Account will be created once you sign-up and agree to theseTerms.
ACCEPTABLE USE The Terms define the acceptable and unacceptable use of the Service. You are solely responsible for all acts or omissions associated with your access and use of the Service.
ACCOUNT SUSPENSION We may temporarily or permanently deny, limit, suspend, or terminate your Account if you misuse the Service.
PRIVACY We respect your privacy, as further explained in our Privacy Policy.
INTELLECTUAL PROPERTY All rights, title and interest in and to the Service, including all intellectual property rights, are owned by – or licensed to us. We do not claim ownership of your User Content.
You are solely responsible and liable for User Content you upload, send, record or otherwise use while using the Service. If you provide us Feedback about the Service, it is ours to use.
AVAILABILITY We do not warrant or guarantee that the Service will operate without disruption, errors or interruptions, or that it will be accessible, or available at all times, or immune from unauthorized access.
DISCLAIMER OF WARRANTY. Our Service is provided for use “As Is”. We disclaim warranties and representations, either express or implied, with respect to the Service.
INDEMNITY You will indemnify us if you misuse the Service.
LIMITATION OF LIABILITY TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW WE WILL NOT BE LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES.
LAW & JURISDICTION These Terms and your use of the Service will be governed by and construed solely in accordance with the laws of the State of Israel. The competent courts located in the Tel-Aviv District, Israel, will have exclusive and sole jurisdiction.
CONTACT US You may contact us at a time with any question, request, comment or complaint that you may have with respect to the Service or these Terms, at support@aiode.com.
Welcome to “AIODE MUSICIANS”, an online service enabling producers, music creators and AI enthusiasts to play, compose and create music using Aiode’s AI-based virtual musicians – currently available through our website at www.aiode.com (the “Service”). The Service is owned and provided by Aiode Ltd., an Israeli corporation, with its offices at 24 Hanagar Street, Hod Hasharon 4527713, Israel (the “Company”, “we”, “us” and “our”). These Terms apply to the use of the Service through any digital device (including smartphones, tablets, personal computers etc.). These Terms further apply with respect to any use of our website, with any necessary changes taken into consideration. Our website mainly provides information with respect to our Service and the Company's business and activities. Use of the Service requires an online connection (Wi-Fi, device data, broadband) between your computer / personal device and the internet. You are solely responsible for all costs and expenses of such connection, as specified in your subscriber plan or contract with your communication service provider. Please carefully read the following terms and conditions (the "Terms"). By accessing or using the Service in any way, or by registering as a user of the Service (in each case, a “User”, “you”), you agree to be bound by these Terms and you signify that you have read and understood them. If you do not agree with the Terms, you may not use the Service in any way.
Forget everything you know about music creation. Our Service enables its Users, such as producers, music creators and AI enthusiasts, to play, compose, create and generate music using our AI-based virtual musicians. The Company’s mission is to harness the power of generative AI to create a future where working with a computer to create music is as artistic, intuitive and as close to working with real musicians as possible. Our virtual musicians are based on proprietary machine learning models, replicating the behavior of real musicians, trained on the Company’s proprietary Content created for each musician. Before we dive in, let’s review some key definitions applicable to the Service (in addition to all other definitions defined within the Terms) –
“User Content” means content uploaded or made available by the User while using the Service, to be incorporated as part of Audio Deliverables generated by the Service. User Content may include voice input, notes, chords, playing musical instruments, supported audio files and even humming;
“Our Content” means the Company’s proprietary music used to train our Service and to generate Audio Deliverables, by itself or together with your User Content, as well as any other design, photos, videos, logos and any other audio content used within the Service (excluding User Content);
“Audio Deliverables” means music which our Users are creating and generating through their use of the Service.
At any time, you may change your personal preferences and the way you use the Service, by using the tools provided therein, as may be available from time to time.
While use of our website is available to all internet users, the Service is available only to registered Users. Your personal user account will be created once you sign-up and agree to these Terms and to our Privacy Policy (the “Account” or “User Account”). Our registration process involves the provision of certain personal and contact information. Only a single User may use the Service per each registered User Account.Use of the Service is restricted to individuals who are 18 years of age or older, or any other legal entity recognized under applicable laws. By accessing or using the Service, you represent and warrant that you meet the eligibility requirements.You are fully accountable for any outcome that may result from your failure to provide true, accurate and complete details when signing-up to the Service. You are solely responsible and liable for all activities performed with or through your User Account.You must submit only true, accurate, current and complete details. Bear in mind that false, incorrect or outdated information may prevent you from registering with the Service and impair our ability to provide you with our Service and to contact you.We will explicitly indicate the fields for mandatory completion, including your full name, email and a Service password. We will also ask you to provide us with some additional information about yourself, such as your music interests, how you find new music tools and in which capacity you are interested in our Service. If you do not enter the requisite data in these fields, you will not be able to register with the Service. Registration to the Service is also available through third party login services (such as Google SSO). If you choose to login or register to the Service through such third party services, please bear in mind that you are also subject to the terms and conditions governing the use of such third party services. You acknowledge that the use of third party services to login or register to the Service may provide us with access to certain information and data that you have provided to such third party service (according to the terms and conditions of such third party service and your account and privacy settings in any such service) – such as a profile picture or your general location - and you expressly agree to our use of such data or information in accordance with these Terms and our Privacy Policy.
Waiting List - we reserve the right to implement a waiting list for User registrations to the Service, to allow us to manage demand and ensure a high-quality experience for all Users. Placement on the waiting list does not guarantee immediate access to the Service. Users on the waiting list will be notified in accordance with our notification procedures if and when their registration can be processed. Priority access to the Service may be given to Users based on certain criteria, such as early registration, referral programs, or other factors determined at our discretion. We reserve the right to modify the waiting list process, criteria, and access priorities at any time without prior notice.You are prohibited from selling or transferring your Account or share your log-in credentials in any way, to another User, entity or any third party.Subject to these Terms, we hereby grant you a worldwide, limited, revocable, non-exclusive, non-sub-licensable, non-transferable and non-assignable right and license, until the termination or expiration of these Terms or the termination of your Account, to use the Service in accordance with these Terms.At this time, we operate the Service as a closed Alpha and Beta trials, for testing and evaluation purposes only. The Company has full discretion to determine the scope and length of time for testing and evaluation of the Service. BY SUBMITTING YOUR CONTACT DETAILS, YOU WILL PROVIDE US WITH YOUR EXPRESS CONSENT TO RECEIVE COMMERCIAL MESSAGES FROM THE COMPANY. AT ANY TIME, YOU MAY WITHDRAW YOUR CONSENT AND NOTIFY US THAT YOU REFUSE TO RECEIVE COMMERCIAL MESSAGES, ALTOGETHER OR OF SPECIFIC KIND, BY SENDING A NOTICE OF CONSENT WITHDRAWAL. THE CHANNELS THROUGH WHICH YOU MAY SEND SUCH NOTICE WILL BE DETAILED IN THE COMMERCIAL MESSAGES SENT TO YOU BY THE COMPANY.We reserve the right to request additional information to verify your identity, during the registration process, throughout your use of the Service, or when you submit requests related to your User Account on the Service. If you fail to provide us with the requested information, we reserve the right to suspend or terminate your User Account, pursuant to these Terms.
While using the Service, you may upload or make available User Content, to be incorporated as part of Audio Deliverables you may generate through the Service.
We do not claim ownership of your User Content. We will only use your User Content to provide you with the Service, for operational purposes and to facilitate the use of the Service, such as by enhancing its features and functionalities, and to further develop, improve and customize the Service. We do not use User Content for the creation of AI-generated music and new virtual musicians, and we do not offer or allow access to your User Content to any other Users of the Service (unless you’ll authorize us to do so, such as by using any sharing features within the Service). When you upload or make your User Content available through the Service, we need your permission to use it for the purposes described herein. To enable us to do so, you grant us a world-wide, free license to copy, reproduce, create derivative works of and make available your User Content in order to provide you with the Service, its features, and to allow you to generate Audio Deliverables. You are solely responsible and liable for User Content you upload, send, record or otherwise use while using the Service. You represent to us that -
Your User Content is your original work of authorship and do not infringe any third-party rights, including intellectual property rights; or,
You have all necessary rights and licenses in and to your User Content, to allow us to store it and make it available to you while using the Service, as provided in the Terms.
We may, but are under no duty to, review User Content you make available while using the Service. We may, in our sole discretion, temporarily or permanently delete or block access to User Content, if we find such User Content to be in violation of these Terms.
You are solely responsible for all acts or omissions associated with your access and use of the Service and the access and use of the Service by anyone on your behalf. When using the Service, you must refrain from –
Breaching the Terms or any other applicable rules and instructions that we may convey with respect to the use of the Service;
Engaging in any activity that constitutes or encourages conduct that may be considered a criminal offense, give rise to any civil liability or otherwise violate any applicable laws;
Interfering with, burdening or disrupting the functionality of the Service;
Breaching the security of the Service or exploiting any security vulnerabilities in it;
Circumventing or manipulating the operation or functionality of the Service, or attempting to enable features or functionalities that are otherwise disabled, inaccessible or undocumented in the Service;
Abusing, harassing, threatening or intimidating other Users of the Service;
Using or launching any automated system, including robots, crawlers and similar applications to collect or compile content from the Service (including User Content, Our Content, and Audio Deliverables), or in such ways that may impair or disrupt the Service's functionality;
Impersonating any person or entity, or making any false statement pertaining to your identity, employment, agency or affiliation with any person or entity; or
Collecting, harvesting, obtaining or processing personal information of or about other Users of the Service.
Uploading or otherwise making available User Content which may be considered as
Infringing or violating intellectual property rights of other parties, including copyrights, patents, trade secrets and trademarks;
Software viruses, trojan horses, worms, vandals, spyware, ransomware and any other malicious applications;
Constituting a violation of a person's right to privacy or right of publicity; or threatening, abusive, harassing, defamatory, libelous, vulgar, violent, obscene or racially, ethnically or otherwise objectionable.
You may not access or use the Service in order to research, develop or create a similar or competitive product or service;
You may not use or gather any content from the Service, including Our Content and Audio Deliverables, for machine learning purposes or for any other training process of any AI-based model.
Our Service may allow you to easily share Audio Deliverables you have created through the Service with your contacts and third-parties.
In addition to any remedies that may be available to us under any applicable law, we may, upon notice to you, temporarily or permanently deny, limit, suspend, or terminate your User Account, prohibit you from accessing the Service and take technical and legal measures to keep you off the Service, if we determine, in our reasonable discretion that -
You abused your rights to use the Service;
You breached the Terms;
You performed any act or omission that violates any applicable law, rules, or regulations;
You have performed any act or omission which is harmful or likely to be harmful to us, or any other third party, including other Users of the Service;
You used the Service to perform an illegal act, or for the purpose of enabling, facilitating, assisting or inducing the performance of such act;
You deliberately submitted false information or have failed to comply with our requests for information regarding your identity; or
You have transferred your User Account to another person or entity.
We respect your privacy. Our Privacy Policy, which is incorporated to these Terms by reference, explains our privacy practices on the Service.
Requests to remove content due to copyright infringement must be made in accordance with our Copyright Policy. After we receive a request to remove or re-post content on the Service, we will review the request and act as necessary, according to applicable law.
The Service is currently provided free of charge to Users. However, the Company reserves the right to modify or introduce fees for the use of the Service at any time in the future. Notice of any such changes will be provided to Users through the Service or by other means deemed appropriate by the Company. Following such changes Users will have the option to either continue using the Service under the new fee structure or terminate their use of the Service. In the event that fees are introduced, and a User fails to pay the applicable fees, the Company reserves the right to suspend or terminate the User's access to the Service or the applicable User Account.
All rights, title and interest in and to the Service, the Service’s software and Our Content, including, without limitation, patents, copyrights, trademarks, trade names, service marks, trade secrets, domain names, and other intellectual property rights, and any goodwill associated therewith, are owned by, or licensed to the Company.
You may not copy, distribute, display or perform publicly, sublicense, decompile, disassemble, reduce to human readable form, execute publicly, make available to the public, adapt, make commercial use, process, compile, translate, sell, lend, rent, reverse engineer, combine with other software, modify or create derivative works of the Service’s software, which is subject to intellectual property rights or other proprietary rights, either by yourself or by a third party on your behalf, in any way or by any means, including, but not limited to electronic, mechanical or optical means, without prior written authorization from us.
Use of Our Content is only permitted in the process of creating Audio Deliverables through the Service. No other use of Our Content is allowed without the Company’s prior written permission.
You may not adapt or use otherwise any name, mark or logo that is identical, or confusingly similar to our trademarks, services marks and logos. You must refrain from any action or omission which may dilute or tarnish our goodwill.
You may provide us with feedback, including information pertaining to bugs, errors and malfunctions of the Service, performance of the Service, the Service’s compatibility and interoperability, and information or content concerning enhancements, changes or additions to the Service that you would like to have, desire or suggest. When you do so, you assign all right, title and interest in and to that feedback to us, including the right to make commercial use thereof, for any purpose we deem appropriate, without charge. You are not entitled to receive any remuneration for our use of your feedback, you represent that the feedback is original or that you have any intellectual property rights necessary to make the submission without restriction. Further, you waive any past, present or future moral rights you may have in the feedback.
By using the Service, you acknowledge and agree that you shall receive non-exclusive royalty-free ownership of all the Audio Deliverables you will generate through the Service – subject to any applicable law you are subject to and the availability of IP protection to AI generated Audio Deliverables in your jurisdiction. This means that you have the right to use, modify, distribute, and sublicense the generated Audio Deliverables for your own purposes, including commercial purposes, without any restrictions from the Company (except as expressly stated in the Terms). We make no representations or warranties with respect to the current legal status of AI generated musical works and Audio Deliverables. Please note - Audio Deliverables, or any part thereof, are not exclusive to any User, as the Service may generate similar or identical Audio Deliverables to different Users.For the purpose of clarity, the above non-exclusive ownership in and to Audio Deliverables does not grant you the right to claim ownership of the underlying algorithms, models, or technology used to create the Service. The Company retains all intellectual property rights in the generative AI technology, our website and the Service.
We may maintain the Service with periodic releases of updates or upgrades. We will determine, in our discretion, the frequency and scope of such releases and you will have no plea, claim or demand against us or our directors, officers, employees, agents, advisors, consultants, subcontractors and assignees (collectively, our “Staff”), for any of these releases or the lack thereof. We may also, at any time and without prior notice, change the layout, design, scope, features or availability of the Service. We will use our best efforts only to do so in a manner that does not materially diminish the performance or features available in the Service. We may temporarily suspend the operation of the Service for maintenance purposes and will aim to do so in a fashion that minimizes the impact on the Users of the Service.
The Company is constantly improving the Service to make it better to our Users. The availability, quality and functionality of the Service depends on various factors, including software, hardware, communication networks, and the quality of broadband/cellular/Wi-Fi network connectivity, which are provided by third parties, at their responsibility. These factors are not fault-free.
WE DO NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT DISRUPTION, ERRORS, OR INTERRUPTIONS, OR THAT IT WILL BE ACCESSIBLE, OR AVAILABLE AT ALL TIMES OR IMMUNE FROM ERRORS, GLITCHES OR UNAUTHORIZED ACCESS.
You acknowledge that the Service does not include any designated data back-up services, including with respect to any User Content or any other data that you upload or use or that we save on our servers.
We may, but are not obligated to, offer technical support in connection with your use of the Service, in the format, frequency, scope and scheme that we, at our sole discretion, determine from time to time. You will have no plea, claim or demand against us or our Staff in any matter related to our provision of technical support, or for the lack thereof.
We may amend the Terms from time to time. In such case, we will proactively notify you of the amended Terms. Your continued use of the Service after the effective date of the amended Terms constitutes your consent to the amended Terms. The latest version of the Terms will be accessible through our website’s homepage at www.aiode.com. If you do not accept the amended Terms, we may terminate the Terms and your User Account.
THE SERVICE IS PROVIDED FOR USE “AS IS” AND “WITH ALL FAULTS”. WE AND OUR STAFF DISCLAIM ALL WARRANTIES AND REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE, YOUR USER ACCOUNT, ANY INTERACTION RELATED TO THE SERVICE AND ANY COMMUNICATION BETWEEN YOU AND THE SERVICE.
WE AND OUR STAFF DISCLAIM ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, RELIABILITY, NON-INFRINGEMENT, TITLE, COMPATIBILITY, PERFORMANCE, AVAILABILITY, SAFETY, SECURITY OR ACCURACY – REGARDING THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICE IS ENTIRELY, OR AT THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, AT YOUR OWN RISK.
TO THE GREATEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE AND OUR STAFF SHALL NOT BE LIABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, STATUTORY, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY SIMILAR DAMAGE OR LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT (INCLUDING NEGLIGENCE), CONTRACT, CONTRIBUTION, INDEMNITY, OR IN ANY OTHER FORM OR THEORY OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE SERVICE, THE USE OF OR THE INABILITY TO USE THE SERVICE OR YOUR USER ACCOUNT.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless, us and our Staff, at your own expense and immediately after receiving a written notice thereof, from and against any damages, loss, costs and expenses, including attorney’s fees and legal expenses, resulting from any plea, claim, allegation or demand, arising from, or in connection with your use of and access to the Service in violation of any term of these Terms.
We may incorporate in the Service advertisements and information of commercial nature. The source of such information may originate from us or from third parties. If such information originates from third parties, we cannot guarantee its reliability or accuracy. It is underscored that the advertising of commercial content by the Company does not constitute a recommendation or encouragement to procure the goods or services advertised. We may allow advertisers to use the Service to conduct surveys and/or approach the Service’s users with questions of commercial nature.
The Service may contain links to content published on websites or external sources, provided by third parties. We do not operate or monitor these websites and content. You may find them, or the information and content posted therein not compatible with your requirements, or you may object to their content, or find such content to be annoying, improper, unlawful or immoral. By linking to a certain website or source, we do not endorse, or sponsor its content, or confirm its accuracy, credibility, authenticity, reliability, validity, integrity, or legality. We assume no responsibility or liability for such third party websites or content, or their availability.
You may at any time terminate these Terms and your User Account by providing us with a written notice of termination to: support@aiode.com.
We may terminate these Terms and your license to use the Service by issuing you with a notice of such termination. Upon termination of these Terms or your User Account, for any reason -
Your right to use the Service is terminated and you must immediately cease using the Service;
We reserve the right (but have no obligation) to delete all of your User Content, Audio Deliverables and account data stored on our servers.
The following sections shall survive any termination, or expiration of the Terms: Privacy, Requests to Remove Content, Intellectual Property, Limitation of Liability, Indemnification, Termination of These Terms, Governing Law & Jurisdiction, General.
Regardless of your place of residence or where you access or use the Service from, these Terms and your use of the Service will be governed by and construed solely in accordance with the laws of the State of Israel, excluding any otherwise applicable rules of conflict of laws, which would result in the application of the laws of a jurisdiction other than the State of Israel. The competent courts located in the Tel-Aviv District, Israel, will have exclusive and sole jurisdiction over any dispute, claim or controversy arising from, or in connection with, the Service and its use, and with respect to any matter relating to the validity, applicability, performance or interpretation of these Terms. You and the Company each hereby expressly consent to personal jurisdiction in the Tel-Aviv District and expressly waive any right to object to such personal jurisdiction or the non-convenience of such forum.Notwithstanding the foregoing, any claim by the Company against you pursuant to the indemnity clauses of these Terms may be brought in the court in which the third party claim that is the subject of the indemnity has been lodged against the Company.
These Terms constitute the entire agreement between you and us concerning the subject matter herein and supersede all prior and contemporaneous negotiations and oral representations, agreements, and statements regarding the Service.
Failure on our part to demand performance of any provision in the Terms shall not constitute a waiver of any of our rights under the Terms.
You may not assign or delegate these Terms or any of your rights, duties or obligations hereunder. Any purported assignment or delegation, in contravention of the above, will be null and void.
In the event of a Company merger, acquisition, change of control or the sale of all or substantially all of our equity or assets, we may, upon notice to you and without obtaining your consent, assign and delegate these Terms, in their entirety, including all of our rights, duties, liabilities and obligations contained herein, to a third party. With such assignment, transfer and delegation, we are irrevocably and fully released from all rights, performance, duties, liabilities and obligations under these Terms.
The section headings in the Terms are included for convenience only and shall take no part in the interpretation or construing of the Terms.
If any provision of the Terms is held to be illegal, invalid, or unenforceable by a competent court, then the provision shall be performed and enforced to the maximum extent permitted by law to reflect as closely as possible, the original intention of that provision, and the remaining provisions of the Terms shall continue to remain in full force and effect.
At any time, you may contact us with any question, request, comment or complaint that you may have with respect to the Service or these Terms, at support@aiode.com, or through our contact form available within the Service.
Last updated: May 20, 2024.
