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Midi AI

Terms of Use

Effective Date: January 1, 2025

Welcome to MIDI AI Studio. By accessing or using our platform, you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our services.

1. Service Description

MIDI AI Studio is an AI-powered platform for generating and editing MIDI music files. Our services utilize third-party artificial intelligence APIs to create musical content based on user input. All generated content is provided "as is" without warranties of any kind.

2. User Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.

3. Acceptable Use

You agree to use our services only for lawful purposes and in accordance with these Terms. You may not:

  • Use the service in any way that violates applicable laws or regulations
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the integrity or performance of our services
  • Use automated systems to access the service without our express written permission
  • Use the service to intentionally recreate, reproduce, or imitate copyrighted musical works
  • Use generated content in a manner that infringes upon the intellectual property rights of others
  • Use the service or generated content to train, develop, or improve competing AI models or music generation systems
  • Scrape, harvest, or collect data from the service for any purpose without our express written permission

4. Intellectual Property Rights

You retain all rights to MIDI files you generate using our platform. You may use generated content for personal or commercial purposes. However, you may not resell or redistribute access to our platform or services without our express written permission.

5. Disclaimers and Limitations

Our services are provided "as is" and "as available" without warranties of any kind. We do not guarantee the accuracy, quality, or suitability of AI-generated content. We are not responsible for any damages arising from your use of our services, including but not limited to loss of data, revenue, or business opportunities.

AI-Generated Content Disclaimer: The MIDI files and musical content generated by our AI-powered platform may inadvertently resemble or be similar to existing copyrighted musical works. We do not warrant that any AI-generated content is original, non-infringing, or suitable for any particular purpose. You acknowledge and agree that:

  • AI-generated content may be similar to or derivative of existing copyrighted works
  • We make no representations or warranties regarding the originality or copyright status of generated content
  • You assume all risk and responsibility for determining whether generated content infringes any third-party rights
  • You are solely responsible for obtaining any necessary licenses, clearances, or permissions for commercial use of generated content
  • We are not liable for any copyright infringement claims arising from your use of AI-generated content

6. Service Modifications

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time, with or without notice. We may also update these Terms periodically. Your continued use of our services after such updates constitutes acceptance of the modified Terms.

7. Third-Party Services

Our platform may integrate with or link to third-party services. We are not responsible for the content, privacy policies, or practices of any third-party services. Your use of third-party services is governed by their respective terms and policies.

8. Indemnification

You agree to indemnify, defend, and hold harmless MIDI AI Studio, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your use of our services or violation of these Terms
  • Your use, distribution, or exploitation of AI-generated content
  • Any claim that AI-generated content you created, used, or distributed infringes or violates any third-party intellectual property rights, including copyright, trademark, or other proprietary rights
  • Any claim that AI-generated content you used commercially violates any music licensing requirements, performance rights, mechanical rights, or synchronization rights
  • Any breach of your representations, warranties, or obligations under these Terms

This indemnification obligation will survive termination of your account and these Terms.

9. Governing Law

These Terms are governed by and construed in accordance with the laws of Hamilton, Bermuda, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of our services shall be subject to the exclusive jurisdiction of the courts of Hamilton, Bermuda.

10. Contact Information

For questions about these Terms or our services, please contact us at: zach@midi-ai.studio

11. Token Purchases and Refund Policy

By purchasing tokens on our platform, you agree to the following terms:

  1. Token Packages: Tokens are sold in packages at the prices displayed on the website. Token prices are subject to change at our discretion. Tokens are used to access AI-powered MIDI generation and editing features.

  2. Payment Processing: All payments are processed securely through Paddle, our third-party payment processor. By making a purchase, you agree to Paddle's terms of service and privacy policy. You must provide accurate payment information to complete your purchase.

  3. Token Delivery: Tokens are delivered immediately upon successful payment confirmation. Your token balance will be updated automatically and can be viewed in your account dashboard.

  4. No Expiration: Purchased tokens do not expire and remain in your account indefinitely until used for AI generation or editing services.

  5. 14-Day Refund Policy: You may request a full refund within 14 days of your token purchase, provided that you have not used any tokens from that purchase. Once you use even a single token from a purchase, that entire token package becomes non-refundable. To request a refund, email zach@midi-ai.studio with your account email, order/transaction ID, and purchase date. Refunds will be processed within 5-7 business days to your original payment method.

  6. Token Consumption: Tokens are consumed when you use AI-powered features including MIDI generation, AI chat editing, and key detection. The amount of tokens consumed varies based on the complexity and length of the AI processing required.

  7. Welcome Bonus Tokens: The 25,000 free welcome tokens provided to new users are promotional credits and are not eligible for refund. Only purchased token packages may be refunded under the 14-day policy.

  8. Account Termination: We reserve the right to terminate your account at any time for violation of these terms of use. In the event of termination, you will forfeit any remaining tokens in your account without refund.

  9. Changes to Terms: We reserve the right to modify these terms of use at any time. Your continued use of our services after any such modification constitutes your acceptance of the modified terms.

By purchasing tokens, you acknowledge that you have read, understood, and agreed to these terms of use, including the refund policy.

12. Copyright and AI-Generated Content

You acknowledge and understand that our platform uses artificial intelligence technology to generate musical content. By using our services, you accept the following terms regarding AI-generated content:

  1. No Guarantee of Originality: We do not warrant, guarantee, or represent that AI-generated MIDI files or musical content are original, unique, or free from similarity to existing copyrighted works. AI models are trained on large datasets that may include copyrighted material, and generated output may inadvertently resemble existing musical compositions.

  2. User Assumes Copyright Risk: You assume all risk and liability for copyright infringement or intellectual property violations arising from your use of AI-generated content. You are solely responsible for conducting appropriate copyright clearance searches and determining whether generated content infringes any third-party rights before using it publicly or commercially.

  3. Commercial Use Responsibility: If you intend to use AI-generated content for commercial purposes (including but not limited to recording, distribution, public performance, synchronization with video, or inclusion in commercial products), you are solely responsible for obtaining all necessary licenses, permissions, and clearances from relevant rights holders and music licensing organizations.

  4. Third-Party AI Services: Our platform relies on third-party artificial intelligence services for content generation. We do not control the training data or algorithms used by these third-party services and cannot guarantee that their models do not produce outputs similar to copyrighted works.

  5. No Liability for AI Output: MIDI AI Studio disclaims all liability for any copyright infringement, intellectual property violations, or legal claims arising from AI-generated content. We are not liable for any damages, losses, or legal fees you incur as a result of using AI-generated content that may infringe third-party rights.

13. Copyright Infringement and DMCA Compliance

We respect the intellectual property rights of others and expect our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA), we will respond to valid notices of copyright infringement.

Notification of Infringement: If you believe that content hosted on our platform infringes your copyright, please send a written notice to our designated Copyright Agent with the following information:

  • A physical or electronic signature of the copyright owner or authorized representative
  • Identification of the copyrighted work claimed to have been infringed
  • Identification of the infringing material and its location on our platform
  • Your contact information (address, telephone number, email address)
  • A statement that you have a good faith belief that the use is not authorized by the copyright owner
  • A statement under penalty of perjury that the information in the notice is accurate and you are authorized to act on behalf of the copyright owner

Copyright Agent Contact: MIDI AI Studio Attn: Copyright Agent Email: zach@midi-ai.studio

Repeat Infringer Policy: We will terminate the accounts of users who are determined to be repeat infringers of copyright. We reserve the right to determine what constitutes a repeat infringer in our sole discretion.

Counter-Notification: If you believe that material you posted was removed or disabled by mistake or misidentification, you may file a counter-notification with our Copyright Agent containing the information specified in the DMCA.

14. Music Licensing and Rights

Musical compositions and recordings are subject to various forms of copyright and licensing requirements. You acknowledge and agree to the following regarding the use of AI-generated musical content:

Performance Rights: If you publicly perform AI-generated music (including streaming, broadcasting, or live performance), you may be required to obtain performance licenses from performing rights organizations such as ASCAP, BMI, SESAC, or equivalent organizations in your jurisdiction. We do not provide or facilitate such licenses.

Mechanical Rights: If you record, reproduce, or distribute AI-generated music in physical or digital formats, you may be required to obtain mechanical licenses. We do not provide mechanical licenses or clearances.

Synchronization Rights: If you synchronize AI-generated music with visual media (including films, videos, television, advertisements, video games, or other audiovisual works), you may be required to obtain synchronization licenses. We do not provide sync licenses or clearances.

Master Recording Rights: If you create master recordings using AI-generated MIDI files, you are responsible for all rights clearances related to those recordings, including sound recording copyrights and neighboring rights.

Disclaimer of Responsibility: MIDI AI Studio does not represent, warrant, or guarantee that AI-generated content is cleared for any particular use. You are solely responsible for determining what licenses or permissions you need and for obtaining those licenses from the appropriate rights holders or licensing organizations. We are not liable for any violations of music licensing requirements or rights.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIDI AI STUDIO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR:

  • ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
  • ANY LOSS OF PROFITS, REVENUE, DATA, OR USE
  • ANY BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITIES
  • ANY COPYRIGHT INFRINGEMENT CLAIMS ARISING FROM AI-GENERATED CONTENT
  • ANY CLAIMS RELATED TO THE ORIGINALITY, QUALITY, OR SUITABILITY OF AI-GENERATED CONTENT
  • ANY DAMAGES ARISING FROM THIRD-PARTY SERVICES (INCLUDING AI SERVICE PROVIDERS, PADDLE, OR GOOGLE)

WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Monetary Cap: TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED DOLLARS ($100.00), OR (B) THE TOTAL AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Essential Purpose: You acknowledge that these limitations of liability are an essential element of the agreement between you and MIDI AI Studio, and that we would not provide the services without these limitations.

Jurisdictional Limitations: Some jurisdictions do not allow the limitation or exclusion of certain warranties or damages. In such jurisdictions, some of the above limitations may not apply to you, but shall apply to the maximum extent permitted by applicable law.

16. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Informal Dispute Resolution: Before initiating arbitration or litigation, you agree to first contact us at zach@midi-ai.studio to attempt to resolve any dispute informally. You must provide a detailed written description of the dispute and your contact information. We will have 30 days to respond and attempt to resolve the dispute.

Binding Arbitration: If we cannot resolve a dispute informally, you agree that any dispute, claim, or controversy arising out of or relating to these Terms or your use of our services shall be resolved exclusively by binding arbitration, rather than in court. The arbitration shall be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, or another mutually agreed arbitration provider.

Arbitration Location and Costs: The arbitration shall take place in Hamilton, Bermuda, or another mutually agreed location, and may be conducted remotely via video conference. Each party shall bear its own costs of arbitration, except that we will pay all filing fees and administrative costs if required by applicable law or AAA rules.

Class Action Waiver: YOU AGREE THAT ANY ARBITRATION OR CLAIM SHALL BE CONDUCTED IN YOUR INDIVIDUAL CAPACITY AND NOT AS A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Exceptions to Arbitration: Notwithstanding the above, either party may bring a claim in small claims court if it qualifies for such court's jurisdiction. Additionally, either party may seek injunctive or equitable relief in court to protect intellectual property rights.

Severability: If any portion of this arbitration provision is found to be invalid or unenforceable, the remainder shall continue in full force and effect. If the class action waiver is found to be unenforceable, the entire arbitration provision shall be null and void.

Statute of Limitations: You agree that any claim or dispute must be filed within one (1) year after the claim or cause of action arises, or it shall be permanently barred.

17. User Representations and Warranties

By using our services, you represent and warrant that:

  1. You have the legal capacity and authority to enter into these Terms and to use our services in compliance with applicable laws.

  2. You will not use our services to intentionally recreate, reproduce, or imitate any copyrighted musical works or compositions owned by third parties.

  3. You understand and acknowledge that AI-generated content may inadvertently resemble existing copyrighted works, and you assume all responsibility for determining whether generated content infringes any third-party rights.

  4. If you use AI-generated content for commercial purposes, you will obtain all necessary licenses, clearances, and permissions from relevant rights holders, music licensing organizations, and other third parties.

  5. You will not use our services or AI-generated content in any manner that violates intellectual property rights, music licensing requirements, or applicable laws.

  6. You will not attempt to extract, reverse engineer, or use AI-generated content to train competing artificial intelligence models or music generation systems.

  7. All information you provide to us (including registration information, payment information, and contact details) is accurate, current, and complete.

  8. You will comply with all export control laws and regulations that may apply to your use of our services and AI-generated content.

18. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under these Terms if such failure or delay is due to circumstances beyond our reasonable control, including but not limited to:

  • Acts of God, natural disasters, epidemics, pandemics, or severe weather conditions
  • War, terrorism, civil unrest, riots, or government actions
  • Failure or interruption of third-party services, including AI service providers, Paddle payment processing, Google authentication, or hosting providers
  • Internet service provider failures, network outages, or distributed denial-of-service attacks
  • Power outages, equipment failures, or software malfunctions beyond our control
  • Labor disputes, strikes, or lockouts
  • Changes in laws, regulations, or government policies that affect our ability to provide services

Suspension of Services: In the event of a force majeure condition, we reserve the right to temporarily suspend or limit our services without liability. We will use reasonable efforts to notify you of such suspensions and to restore services as quickly as possible.

Third-Party Service Dependencies: You acknowledge that our platform relies on third-party artificial intelligence services for content generation, and that we have no control over the availability, performance, or policies of these third-party services. Interruptions, rate limits, policy changes, or discontinuation of third-party services may affect our ability to provide services to you. We are not liable for any damages or losses arising from such third-party service issues.

No Refunds for Force Majeure: Token purchases and payments are non-refundable, including in cases where services are temporarily unavailable due to force majeure events or third-party service failures.