Terms of Service - Song Creator Pro

1. Introduction

These Terms of Service ("Terms") govern your use of Song Creator Pro ("the App"), an AI-powered music generation application available on the Microsoft Store. The App is developed by Mortar Tribe, a product of Maker Night Incorporated ("Maker Night", "we", "our", or "us"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

2. License to Use

Upon purchasing Song Creator Pro, you are granted a non-exclusive, non-transferable, perpetual license to install and use the App on your personal devices, subject to these Terms. This license entitles you to access all features and updates available as part of your purchase. Features and functionality may be added, modified, or improved over time at our discretion.

3. Ownership of Generated Content

You retain full ownership of all music, audio, and other content you create using Song Creator Pro. This includes the right to:

Use generated content for any personal or commercial purpose
Distribute, sell, license, or publish your generated content
Modify, remix, or build upon your generated content

We claim no ownership or rights over the content you generate. Your ownership of generated content is subject to the copyright status of any input material you provide (see Input Content below). You are solely responsible for how you use and distribute your generated content, and for ensuring your use complies with applicable laws.

Input Content and Third-Party Rights

If you use features that accept audio input (such as Remix mode), you represent and warrant that you own or have obtained all necessary rights, licenses, and permissions for any audio content you provide. You agree not to upload or submit any content that infringes the intellectual property rights of any third party.

Creating derivative works from copyrighted material without authorization may constitute copyright infringement, regardless of the degree of AI-assisted transformation. The App is not designed to circumvent copyright protections.

We do not review, verify, or monitor the content you upload. We make no guarantees that outputs generated from your input audio are free from third-party rights.

4. Open Source Components

Song Creator Pro incorporates open source AI models and software components released under permissive open source licenses. These components are provided to you under their respective license terms, which permit commercial use of both the software and its outputs without restriction.

Your ownership rights to generated content as described in Section 3 are fully compatible with the licenses of all open source components used in the App. Nothing in these Terms limits any rights granted to you under those open source licenses.

5. Acceptable Use

While you have broad freedom to use Song Creator Pro, you agree not to:

Use the App to generate content that violates any applicable law or regulation
Attempt to circumvent or tamper with the App's license verification mechanisms
Reverse-engineer, decompile, or disassemble the proprietary portions of the App, except where permitted by applicable law
Redistribute, sublicense, or resell the App itself or any of its proprietary components
Use the App to infringe on the intellectual property rights of others

6. Purchases and Refunds

Song Creator Pro is available as a one-time purchase through the Microsoft Store. All payment processing is handled by Microsoft. We do not collect or store your payment information.

Refund requests are subject to the Microsoft Store refund policy. Please contact Microsoft Support directly for any payment-related inquiries.

7. Disclaimer of Warranties

Song Creator Pro is provided "as is" and "as available" without warranties of any kind, either express or implied. Maker Night Incorporated and Mortar Tribe expressly disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the App will be error-free or uninterrupted, that the results obtained from using the App will meet your requirements, or that the quality of any generated audio will meet any particular standard.

8. Indemnification

You agree to indemnify, defend, and hold harmless Maker Night Incorporated, Mortar Tribe, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the App; (b) your violation of these Terms; (c) your infringement of any third-party intellectual property or other rights, including through the use of copyrighted material as input; or (d) any content you generate, distribute, or publish using the App.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall Maker Night Incorporated, Mortar Tribe, or their respective officers, directors, employees, agents, or contributors 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, or goodwill, arising out of your use of or inability to use the App. Our total liability for any claim arising from these Terms or your use of the App shall not exceed the amount you paid for the App.

10. Termination

We reserve the right to suspend or terminate your license to use the App at any time if you violate these Terms. Upon termination, you must cease all use of the App and delete all copies in your possession. Sections 3, 7, 8, 9, and 12 of these Terms shall survive any termination.

11. Changes to These Terms

We may update these Terms from time to time. We will notify you of any changes by posting the updated Terms on this page and updating the "Last updated" date. Your continued use of the App after any changes constitutes your acceptance of the revised Terms.

12. Governing Law and Severability

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Maker Night Incorporated is registered, without regard to its conflict of law provisions.

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

13. Contact Us

If you have any questions about these Terms of Service, please contact us through our support page.