Terms of Service

Last updated: January 11, 2022

1. Introduction

These terms constitute a legal agreement between you and Vibin Oy (Isonjärvenranta 1 C, 02940 Espoo, Finland) governing your use of the Songen iOS mobile application. Downloading or using the App constitutes acceptance of these Terms. For questions, contact contact@songen.app.

2. Your Music

2.1 Music Creation

Users can generate musical works using internal algorithms and freely export and distribute them in multiple formats through channels of their choice, provided no infringement occurs. Users bear sole responsibility for their creations.

2.2 Your Rights and Our Rights

Creators retain ownership of generated Music. They grant Vibin an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, transferable license for App operation only. Music is non-confidential. The Company is not liable for unintentional disappearance of Music.

3. Licenses Granted to You

3.1 License to the App

You receive a non-transferable, non-exclusive license to download, view, use, and display the App on compatible devices for commercial and personal purposes, subject to these Terms and App Store Terms.

3.2 License to Premium Features

You receive a non-transferable, non-exclusive license to Premium features while subscription fees are paid.

3.3 Source Code

Users have no right to source-code access.

4. General

4.1 No Back-Ups

This is not a backup service. Users are solely responsible for exporting and securing their Music. The Company is not liable for losses.

4.2 Complaints of Infringement

Users believing sounds infringe their rights should contact the Company with claim details. The Company acknowledges limited ability to identify user-generated Music files.

4.3 Privacy

Personal data is handled per the Privacy Policy available in-App.

5. License Restrictions

5.1 Users must not:

• Copy the App except incidentally during normal use;
• Use trademarks without written approval;
• Rent, lease, sub-license, loan, translate, merge, adapt, modify, or vary the App;
• Alter or modify any part of the App;
• Disassemble, decompile, reverse-engineer, or create derivative works (except where legally essential for interoperability, with strict information use limitations);
• Provide or make available the App or non-publicly-obtainable information about it without prior written consent;
• Violate applicable technology control or export laws.

6. Acceptable Use Restrictions

6.1 Users must refrain from:

• Unlawful use, unlawful purposes, or inconsistent use;
• Fraudulent or malicious conduct (hacking, inserting malicious code);
• Infringing Vibin's or third parties' intellectual property rights;
• Damaging, disabling, overburdening, impairing, or compromising systems or security;
• Collecting or harvesting information from systems or deciphering server transmissions.

7. No Warranties

7.1 Non-specific Purpose

The App is not developed for individual requirements; users are responsible for verifying that the App meets their needs.

7.2 Availability

The App is provided "as is" and "as available." No guarantee of uninterrupted or error-free use. Neither the Company nor Apple Inc. is obligated to provide maintenance or support.

7.3 Excluded Warranties

All conditions, warranties, and representations are excluded to the extent permitted by law.

8. Limitation of Liability

8.1 The App is provided without express, implied, or statutory warranties of any kind.

8.2 The Company, suppliers, and cooperating third parties are not liable for personal injury or losses or damages (including incidental, consequential, direct, indirect, business loss, or data loss) arising from use or inability to use the App. The Company is not liable for commercial activity losses.

8.3 Exclusion for Events Beyond Control: The Company is not liable for failures caused by acts or events beyond reasonable control (such as telecommunications failure). Obligations are suspended; the Company will use reasonable endeavors to resolve such situations.

8.4 Maximum Liability: Liability is capped at subscription fees paid via App Store during the preceding calendar year.

8.5 Apple Inc. Liability: Apple Inc. has no warranty obligations; all responsibility falls to Vibin.

9. Termination

9.1 The Company may terminate immediately without notice for material or persistent breach, including violations of License or Acceptable Use Restrictions.

9.2 The Company may terminate immediately if unable to process legally-necessary personal data.

9.3 Users may terminate immediately by uninstalling the App.

9.4 Upon termination, all rights cease. Users must immediately cease use, delete the App from all devices, and destroy all copies.

10. Other Important Terms

10.1 Transferring Rights and Obligations: The Company may transfer rights and obligations to another organization without affecting user rights. Users may only transfer with written Company agreement.

10.2 No Waiver: Failure to enforce rights does not constitute a waiver. Only written waivers are valid and do not apply to future defaults.

10.3 Apple Inc., Third Party Beneficiary: These Terms are concluded between the Company and user only. Apple Inc. is not a party but may enforce as a third-party beneficiary.

10.4 Questions, Complaints, and Claims: Direct to contact@songen.app, not Apple Inc. The Company is solely responsible for investigation, defense, settlement, and intellectual property infringement claims.

10.5 Permissions: Users are assumed to have device-owner permission. Users are liable for all operator charges (data, roaming) necessary for App use.

10.6 Compliance with Law: Users represent and warrant lawful use without infringing third-party rights.

10.7 Your Equipment: Users are responsible for procuring and maintaining all necessary hardware, software, subscriptions, and equipment.

10.8 Third Party Terms: Users must comply with applicable third-party agreements (Apple Inc., etc.).

10.9 Eligibility: Users represent they are not located in embargoed countries or designated terrorist-supporting countries, and are not on prohibited or restricted parties lists.

10.10 Variation: The Company may change these Terms via in-App notification. Non-acceptance results in loss of App access.

10.11 Severability: If any term is unlawful or unenforceable, remaining terms remain fully enforceable.

10.12 Jurisdiction and Governing Law: These Terms are construed and applied per Finnish law (excluding choice-of-law principles). Disputes are settled by Finnish courts, except where mandatory law applies otherwise.