1. Introduction
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User" or "you") and Saylss, Inc. ("Company," "we," "us," or "our"), governing your access to and use of our audio processing web application and related services (collectively, the "Service").
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.
2. The Service
The Service provides a web-based platform where Users can upload audio files ("User Audio") for automated processing and manual adjustment.
- Modifications: We reserve the right to modify, suspend, or discontinue the Service (in whole or in part) at any time, with or without notice.
- Availability: We do not guarantee that the Service will be available at all times. Audio processing requires significant computing resources; temporary delays, maintenance windows, or outages may occur.
3. User Accounts
To access certain features, you must register for an account. You are responsible for maintaining the confidentiality of your credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use.
4. Intellectual Property Rights
A. Our IP
The Service, including its "look and feel," source code, algorithms, automated processing logic, interface design, and trademarks, is the exclusive property of Saylss, Inc. and is protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for its intended purpose.
B. User Content (Your Audio)
- Ownership: You retain full ownership of the audio files you upload ("User Audio"). We claim no ownership rights over your raw files.
- License to Us: By uploading User Audio, you grant us a worldwide, royalty-free, non-exclusive license to host, copy, transmit, modify, process, and display the User Audio solely as necessary to provide the Service to you (e.g., to run the automated processing algorithms, create temporary copies for processing, and facilitate playback).
- Ownership of Output: Subject to your compliance with these Terms, we hereby assign to you all rights, title, and interest in the processed audio files ("Processed Output") generated by the Service from your User Audio.
5. Data Use & Machine Learning
A. Service Improvement
You acknowledge and agree that we may use User Audio and data derived from your use of the Service for the purpose of analyzing usage patterns, improving our algorithms, and training our internal machine learning models ("Service Improvement").
B. Restrictions on Our Use
Notwithstanding the above, our use of User Audio for Service Improvement is subject to the following strict limitations:
- Internal Use Only: We will not sell, rent, or share your raw User Audio with third parties for their own training purposes.
- No Generative Output: We will not use your User Audio to train "generative" AI models intended to create music or audio that competes with or mimics your User Audio. Our training is strictly limited to improving the technical processing capabilities of our tools (e.g., improving noise reduction accuracy, equalization curves, or dynamic processing).
- Anonymization: Wherever reasonably possible, we will aggregate or anonymize data before using it for training.
6. User Representations & Warranties
You represent and warrant that:
- You own the User Audio or have the necessary licenses, rights, consents, and permissions to authorize us to process it.
- Your User Audio does not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights (e.g., you are not uploading pirated music or unauthorized samples).
- Your use of the Service complies with all applicable laws.
7. Prohibited Conduct
You agree not to:
- Reverse engineer, decompile, disassemble, or attempt to extract the source code, algorithms, or proprietary logic of the Service.
- Use the Service to process audio that is illegal, defamatory, or promotes hate speech or violence.
- Use the Service to train other machine learning or AI models.
- Overburden our infrastructure by making excessive requests, uploading malicious code, or attempting to bypass usage limits.
8. Fees, Payments, and Credits
A. Free Tier
We may offer a free tier with limited features, processing time, or storage ("Free Tier"). We reserve the right to modify the limits of the Free Tier or discontinue it entirely at any time without prior notice.
B. Subscriptions
If you purchase a recurring subscription (e.g., Monthly or Annual Plan):
- Billing: You will be charged in advance on a recurring basis.
- Auto-Renewal: Your subscription will automatically renew at the end of each billing cycle unless you cancel it before the renewal date.
- Cancellation: You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period; we do not offer refunds for partial billing periods.
C. Credit System (Pay-As-You-Go)
You may purchase credits to use for specific Services (e.g., processing minutes).
- Non-Refundable: Credits are non-refundable and non-transferable.
- Expiration: Unused credits expire twelve (12) months after the date of purchase.
- Consumption: Credits are deducted based on the actual duration of audio processed or the specific tool used, as displayed at the time of use.
D. Price Changes
We reserve the right to adjust pricing for our Service or any components thereof in any manner and at any time. Any price changes to your subscription will take effect following notice to you.
9. Disclaimer of Warranties
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
WE SPECIFICALLY DISCLAIM ANY WARRANTY THAT:
- The automated processing will meet your specific requirements or sound aesthetics.
- The Service will be error-free or uninterrupted.
- The quality of the Processed Output will match any specific industry standard.
AUDIO PROCESSING INVOLVES COMPLEX ALGORITHMS. ARTIFACTS, DISTORTION, OR UNEXPECTED RESULTS MAY OCCUR. YOU USE THE SERVICE AT YOUR OWN RISK.
10. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SAYLSS, INC. 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 SERVICE; OR (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE.
11. Indemnification
You agree to defend, indemnify, and hold harmless Saylss, Inc. and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service, or your violation of these Terms, specifically including any claims alleging that your User Audio infringes upon the intellectual property rights of a third party.
12. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.
13. Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.
14. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.
15. Contact Us
If you have any questions about these Terms, please contact us at: support@saylss.com