INSTANT SONGS TERMS OF USE

1. Introduction

1.1 Below is a legal agreement between you (You) and Instant Songs App (“we”, “us”, “our”) which sets out the terms of use ("Terms") for your use of our mobile application Instant Songs (the “Application”, “App”, “Service”), on any mobile phone, tablet or another device (“device”), including data, associated media and services made available through the application ("App"). Instant Songs is an app that includes audio samples (“Sound Packs”) that you may use to create or perform music.

1.2 By downloading and/or using the App you agree to these Terms, which will be legally binding to you. If you do not agree to these Terms, you must not download and/or stop using the App.

1.3 Instant Songs reserves the right to change these Terms of Use at any time without notice, effective upon its posting on this page. Your continued use of the App shall be considered Your acceptance of the revised Terms of Use.

2. Licenses Granted to You

2.1 You are granted a license to use the App rather than it being sold to You. We grant You a non-transferable, non-sublicensable and non-exclusive license that is revocable, to download a copy of the App to your device and to view, use and display the App as the end user. This license does not give You the right to use the App on any device that You do not own or rightfully control. You are not allowed to rent, lease, lend, sell, redistribute, or sublicense the App. You specifically acknowledge that you have no right to have access to the App in source-code form. The license You hold does not give You the right to decompile, copy, reverse engineer, disassemble, attempt to derive the source code of, alter, or build derivative works of the App, any updates, or any part thereof (except as specifically permitted by this license or the terms of the applicable certified application store).  Any effort to do so would be a violation of our licensor rights. You will face prosecution and penalties if You violate these restrictions. 

3. Intellectual Property and Content Use

3.1 All intellectual property on the App is owned by us or third parties, and includes materials covered by copyright, trademark, or patent laws. We own, register, and/or license all trademarks, service marks, and trade names. All content on the App (except for Your information and any material, such as electronic audio files that You create through Your use of the App), is our intellectual property, including but not limited to text, software, scripts, code, designs, graphics, images, sounds, music, videos, applications, interactive features, and all other content (collectively the "Content"), all rights reserved.

3.2 You are granted the following permission to use electronic audio files that you created based on the Content:

        •        For personal use, such as posting on user-generated content platforms (such as YouTube, Instagram, Facebook, TikTok, SoundCloud, and others)

        •        For use within the app

3.3 You must provide the following credentials for us, for any public use of the electronic audio files generated by the App:

Created by Instant Songs - the app available in AppStore and GooglePlay

3.4 You are not allowed to use electronic audio files made from the Content in the following ways:

        •        in ways not expressly allowed by these Terms of Use, or

        •        if they strictly replicate the music available in the App and are not edited (mixed, mashed-up, or otherwise materially altered) by You.

        •        if they are merely comprised of only one sound that is available through the Sound Packs within the App

        •        if they are used in any professional commercial recordings and releases.

3.5 You are not allowed to use electronic audio files made from the content commercially in any way, shape or form, unless you contact Instant Songs and purchase a license for one or more of the Sound Packs. It is specifically prohibited to use the individual sounds provided in the sound packs or the audio files you have created using the app in commercial music and/or recordings without a properly purchased license.

3.6 Purchasing a license for the Sound Packs within the App: Some of the Sound Packs within the App are available for licensing for a price which will be provided by us in the event that you reach us via email at contact@instantsongs.app . Please note that his is a different service than the subscription service provided in the App. A subscription to the app does not grant you a license to the Sound Packs. (see section “14. Questions, Complaints and Claims” for licensing opportunities)

3.7 You hereby agree that in order for You to be able to share the electronic audio files made from the content, You must use at least two of the individual sounds provided in a Sound Pack within the app layered on top of each other.

3.8 You cannot sell, rent, lend, lease, sub-license, distribute, transfer, grant any rights to, or otherwise make the Content available to any third party.

4. License Restrictions

4.1 You shall not use the App or the Content in any way, nor shall you send anything to us, the App, or any other user of the App that:

        •        is in violation of any applicable jurisdiction's law, statute, regulation, or by-law;

        •        is fraudulent, criminal, or unlawful; is inaccurate or out-of-date;

        •        is obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue, or political;

        •        impersonates an official;

        •        might infringe or breach our or any other party's copyright, intellectual property rights (including but not limited to copyright, trademark rights, and broadcasting rights), privacy, or other rights;

        •        may be harmful to our interests;

        •        uses reverse engineering on the source material of the app in any way, shape or form;

        •        is in violation of any specific rule or requirement that we specify on the App in relation to a specific part of the App or the App in general; involves Your personal information.

5. No Warranties

5.1 Non-specific purpose: You agree that the App was not designed to meet your specific needs, and that it is therefore your duty to ensure that the App's capabilities and functions meet your needs.

5.2 Availability: The App is made available to you "as is" and "as available." We cannot promise that your use of the App or any of its content would be error-free or uninterrupted. You also agree that we are not obligated to provide any repair or support services in connection with the App.

5.3 Excluded warranties: To the degree allowed by law, we disclaim any and all express or implied conditions, warranties, representations, or other terms that may apply to the App.

6. Disclaimer

6.1 Any links to other companies' websites, applications, or other products or services (collectively, "Third-Party Services") contained within the App have their own terms of service and privacy policy, therefore supported, regulated, or managed by Us. We have no control over the content or practices of Third-Party Services, and You agree to use them at your own risk.

6.2 Any part of the Application that you use is at your own risk.

6.3 Some buttons on the App may rapidly flash bright lights at times and trigger “photosensitive epileptic seizures”. If you have a history of seizures or epilepsy, please consult a doctor before using the App. You may reduce the risk of photosensitive epileptic seizures if you take necessary precautions in the form of using the App in a well-lit room and not using the App when you are fatigued. We do not take any responsibility regarding this matter and You as the user agree that You will use the App at your own risk.

6.4 In relation to the Application, we make no promises or guarantees. The Application is given "as is" and "as available" to the full degree allowed by applicable law. We make no express or implied representations or warranties about the operation of the Application, including any details, content, materials, or products included or referenced therein. We disclaim all warranties, express or implied, to the fullest degree permitted by applicable law, including, but not limited to, implied warranties of merchantability and non-infringement of third-party rights. You agree that You are solely responsible for the use of the Application. We make no implied or statutory guarantees for the following:

        •        the Application's protection, accuracy, reliability, timeliness, or performance; or

        •        that the Application will be error-free or that any errors will be corrected; or

        •        the accuracy, efficiency, completeness, or usefulness of any information provided by the Application.

6.5 No written or oral correspondence, facts, or advice provided by us or any of our representatives shall establish any warranty. You do so at your own risk if You want to rely on such facts. Certain warranties cannot be excluded in some countries or jurisdictions. As a result, some of the exclusions mentioned above do not apply to You.

6.6 We make no representation that the features of the Application will be sufficient, correct, or available for use in any particular area, and we make no representation that the Application will be available in all languages or in all countries. The availability of the application is subject to change.

7. Privacy

7.1 Any sort of personal data obtained within the app is handled in accordance with our privacy policy. Through using the App, you are consenting to the collection of such information. As a result, please do carefully read the terms of the Privacy Policy.

8. Subscription Service

8.1 If you have purchased a subscription to Sound Packs, we grant you a non-transferable, non-exclusive license to all Sound Packs that are made available by us from time to time within the App for as long as you pay the applicable subscription fee. We grant you a perpetual, non-transferable, non-exclusive license to any Sound Packs provided to you free of charge as well as any individual Sound Packs purchased by you. You may solely use the Sound Packs that we license to you for the purpose of creating Music within the App, i.e., you must not re-distribute, sub-license or otherwise make them available “as is”.

8.2 The subscription service will automatically renew unless you actively choose to cancel. You consent to have your subscription automatically renewed if you sign up for those subscriptions. You allow the App Store to charge You for the renewal period unless you cancel your subscription. Unless otherwise mentioned on the Service, the auto-renewal period will be the same as Your initial subscription period. Until we inform You of a rate adjustment prior to Your auto-renewal, the renewal rate will be no more than the rate for the immediately preceding subscription cycle, except any promotional and discount pricing. You must cancel Your subscription in compliance with the termination procedures for the specific subscription that were given to You. We will not refund any fees that have already been charged to Your account, nor will we prorate fees for canceled subscriptions.

8.3 The App is available for free download. Certain features of the Service, however, are available on a subscription basis for a fee. You can pay the relevant fees (and any associated taxes) to the app store from which you downloaded the App (the "AppStore" or “GooglePlay”) as they become due.

8.4 We reserve the right to adjust subscription rates at any time, to the degree allowed by applicable laws. We will notify You of any such price changes by posting the new prices on or through the App and/or sending you an email notification. You can cancel the applicable subscription prior to the change taking effect if you do not want to pay the new fees. You give the App Store permission to charge the relevant fees to the payment card you have.

8.5 The Service offers three different subscription periods: one month, three months or a year. We offer a 3-day free trial for the year-long subscription type only. You will have access to the Service for 3 days during the free trial period, as stated when you sign up for the deal. Unless You cancel before the end of the free trial period, or unless otherwise specified, You will be charged the appropriate fees for the year-long subscription type for the Service. For the one month and three months subscription periods, you will be charged the appropriate fees immediately upon your approval. When Your free trial is about to expire, we will send You a reminder, but we cannot guarantee that you will receive one. It is essentially Your duty to be aware of when the free trial period will expire. We reserve the right to change or cancel any free trial offer, Your access to the Service during the free trial, or any of these terms at any time, without warning or liability, in our sole discretion. We reserve the right to impose restrictions on your ability to participate in several free trials.

8.6 The Service and Your ability to use it will expire at the end of Your subscription's paid time. We can make appropriate efforts to inform You and resolve the issue if you do not pay the fees or charges due; however, we reserve the right to disable or terminate Your access to the Service (and may do so without notice).

8.7 Subscriptions obtained from an App Store are subject to the return policy of that App Store. As a result, we are unable to issue refunds. You'll have to contact the App Store of your choosing’s customer service.

9. Limitation of Liability

9.1 THE APP IS PROVIDED WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING FOR QUALITY, OWNERSHIP, NON-INFRINGEMENT, FUNCTION, AVAILABILITY, FITNESS, OR USE FOR A PARTICULAR PURPOSE.

9.2 We, our vendors, or third parties with whom we collaborate will not be responsible for personal injuries or any losses or damages, including but not limited to incidental, consequential, direct or indirect damages, loss of company, or loss of data, arising out of or connected to the usage or inability to use the App to the fullest extent allowed by applicable law. For the avoidance of doubt, we will not be responsible for damages incurred in commercial activities.

9.3 Exclusion of responsibility for events outside our control: We will not be liable or responsible for any failure to meet, or delay in performing, any of our obligations under these Terms if the failure or delay is triggered by an act or occurrence outside our reasonable control, such as the failure of public or private telecommunications networks. Our obligations will be suspended under such cases, and we will use fair efforts to find a solution to the act or case.

9.4 Maximum liability: Under or in accordance with these Terms, whether in contract, tort (including negligence), or otherwise, our maximum aggregate liability shall in all circumstances be limited to the subscription fees (if any) charged by you through App Store for using the App during the calendar year preceding the injury.

10. Termination

10.1 If you violate the Terms in a material or recurrent way, we can terminate these Terms immediately and without warning. A material breach is described as a violation of any of the License Restrictions or the Acceptable Use Restrictions, among other things. In the event of a material breach, we will submit our civil claims to the appointed dispute resolution institution (see section 11) and report any criminal offence to the legal authorities.

10.2 If we are unable to process personal data about you that is purely required to provide the App (or a portion of it) for legal purposes, we reserve the right to terminate the Terms immediately.

10.3 You have the right to terminate these Terms at any time by uninstalling the App from your device and ceasing to use it.

10.4 All rights given to you under these Terms will terminate or expire if these Terms are terminated or expire for any reason. You must immediately stop all activities approved by these Terms, including using the App, and delete or erase the App from all devices, as well as destroy all copies of the App in your possession, custody, or control.

11. Variation

11.1 We reserve the right to change these Terms at any time by posting an updated Terms of Use on this page. You are advised to check this page occasionally to inform Yourself of such changes. By continuing to use the App after such changes are posted on this page, You agree to the updates made to these Terms of Use. If you do not agree with the new Terms, You must stop using the App.

12. Severability

12.1 Each of these Terms' conditions operate separately. The remaining conditions will remain in full force and effect until any court or competent authority rules that any of them are unconstitutional or unenforceable.

13. Questions, Complaints and Claims

13.1 Any inquiries, grievances, or claims about the App, including but not limited to:

        •        product liability claims;  

        •        any argument that the App fails to comply with any relevant legal or regulatory requirement;

        •        claims arising under consumer protection or related legislation,

        •        any notes related to these Terms of Service

        •        questions regarding the purchasing of a license for a Sound Pack within the App

should be sent to contact@instantsongs.app via email.

Last updated 28.03.2024