The following End User License Agreement (the "Agreement") is a contract between you (the "Licensee", the "User", ”you”) and AIVA Technologies Sarl (the "Licensor", "AIVA", “we”). By using our website and services, located at https://www.aiva.ai and all of its subdomains (the "Services"), you agree to be bound by the terms and conditions of this Agreement. Please make sure to read this agreement carefully, and feel free to reach out to us at firstname.lastname@example.org. If you do not agree to the terms of this Agreement, do not use the Services.
Throughout this Agreement, the following words and phrases shall have the meanings set out below:
As soon as Licensee downloads a MIDI Composition and/or Audio Composition using our Services, Licensee will be granted either a Non-Commercial License, a Limited Commercial License or Full Copyright. The type of the License granted to Licensee upon download will depend on the plan that User is currently subscribed to.
Individuals are elligible for the Free, Standard Monthly, Standard Annually, Pro Monthly and Pro Annually plans that are shown on the Pricing section of the website (www.aiva.ai)
If you are an Enterprise, please contact us at email@example.com in order to establish a custom plan based on your needs and usage.
Depending on the plan that Licensee is currently subscribed to, different licenses may be applied to the Audio and/or MIDI Compositions generated by the User:
Accounts are meant to be used by their owners exclusively, and cannot be shared by multiple Individuals.
Territory: the World
Licensor provides Licensee with the ability to upload their own MIDI or Audio compositions (the “Uploaded Influence") to Licensor’s Servers, so that AIVA can generate a unique MIDI and Audio Composition that shares some of the emotional qualities of the Uploaded Influence (the “Upload Influence Feature”).
Licensee provides Licensor with a worldwide, non-exclusive, commercial and transferrable license to train AIVA's AI systems on the Uploaded Influence, in perpetuity.
Licensee warrants to Licensor that neither the Uploaded Influence, nor any portion thereof, shall infringe upon the rights of any third party. Licensee shall take full responsibility for its usage of the Uploaded Influence in the context of the Upload Influence Feature, and shall hold harmless Licensor against any third party claim.
Licensee will not reverse engineer, decompile, disassemble or otherwise attempt to derive the source code, techniques, processes, algorithms, know-how or other information from the binary code, the servers and any other infrastructure of the Licensor, or permit or induce the foregoing.
Licensee shall not be permitted to remove or circumvent protection or security mechanisms that are designed to prevent unauthorised usage or protect other users.
Licensee shall not be entitled to exploit the software, or parts of the software, for commercial purposes without the prior written consent of Licensor. This includes, but isn't limited to selling, renting or leasing the software to third parties. This does not apply to the Compositions created by Licensee, for which the other terms of this Agreement will apply.
Licensee is not permitted to make unauthorized calls to any private API that belongs to the Licensor, and hosted on the Licensor's server infrastructures. If the Licensee wishes to get access to the Licensor's APIs, this use case would be ruled by a separate Licensing Agreement, to be negotiated and signed between the parties. Any Composition created using private APIs will not be licensed to or owned by Licensee.
Licensee is not permitted to use bots, click bot algorithms or any software that automates and fakes a human interaction with the user interface. If Licensee is found to be using such software, Licensor reserves the right to cancel any license given to Licensee, and to terminate Licensee's account without any prior notice or refund.
Licensee is not permitted to use the MIDI or Audio compositions to set up a competing / similar service to what is provided by AIVA on the Site.
Licensee is not permitted to use the music as part of a large scale upload or licensing to any third party. For example, large scale licensing of MIDI or Audio compositions that have not been modified or curated is not permitted. This use case is better served through an API integration, so please contact us if your use case requires a high volume of compositions & an automated pipeline.
Licensee is not permitted to use the Audio and/or MIDI Composition, or any audio sample as part of a training dataset for any Machine Learning, Deep Learning or statistical algorithm. If the Licensee wishes to use the Audio and/or MIDI Composition as part of a training dataset, this use case would be ruled by a separate Licensing Agreement, to be negotiated and signed between the parties.
Licensee is not permitted to use the Audio, MIDI Composition, Chord files, or any audio sample as part of a large scale database of music that is beyond the scope of this Agreement, and beyond the scope of individual use.
Licensee is not permitted to bypass limitations imposed by each subscription plan in any way, including but not limited to by registering for an account using temporary email addresses or aliases.
To ensure the best quality of service, and to ensure that the servers do not get overloaded, the Licensor has put certain limitations in place on the Services, which are as follows:
If you are an enterprise customer and you wish to create a high volume of Compositions, this use case would be ruled by a sperate Licensing Agreement, to be negotiated and signed between the parties.
This Agreement is effective until terminated. Licensee rights under this Agreement will automatically terminate without notice from AIVA if Licensee fails to comply with any terms of this Agreement. Upon the termination of this License, Licensee shall cease all use of the Services and delete all copies of MIDI and Audio Compositions on Licensee's computer.
When making a payment, it is the responsability of Licensee to provide their correct billing address and pay any applicable local VAT or sales tax.
Customers are elligible for refunds if, and only if, they have not used any of the premium features of the plan they subscribed to. If Licensee has already started using premium features, Licensee understands that they are no longer elligible for a refund, and the sole act of using premium features will act as a waiver of Licensee's withdrawal right. Licensee shall use the Free plan in order to evaluate whether the paid offerings are suitable for them or not.
In addition, Licensee is responsible for downgrading to the free plan and / or disabling auto-renewal of their subscription when Licensee no longer wishes to continue paying for the Services. No refund will be made if Licensee forgets to cancel their subscription.
The present contract and relevant copyrights shall be interpreted according to the laws of Luxembourg and any dispute will fall under the exclusive jurisdiction of the competent courts of the city of Luxembourg. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this Agreement shall continue in full force and effect.
© AIVA Technologies Sàrl, Luxembourg