Terms of Service

These Terms of Service govern your use of MusicSmith AI and its website (collectively MusicSmith AI) provided by Apolytus OÜ, residing at Sepapaja tn 6, 15551 Tallinn, Estonia (we). However, if you are on an enterprise plan and have executed a separate contract with us for use of MusicSmith AI, that contract will take precedence over this Terms of Service.

By using MusicSmith AI, you agree to follow these terms and all applicable laws and regulations. If you do not agree with these terms, you are not allowed to use MusicSmith AI.

Changes to Our Service and Pricing

We're always trying to improve MusicSmith AI, which means we might add, change, or remove features. We do not guarantee that you'll always be able to use the service in the same way, but we'll do our best to make sure you're happy with it. But there may come a time when we need to discontinue the service altogether. If that happens, we'll give you a month's notice, and we'll provide you with a way to export your data from the platform.

We also reserve the right to change our pricing and usage limits at any time. If we do so, we will notify you by email and/or by placing a prominent notice on our website. Such changes will not apply retroactively and will become effective no sooner than the next renewal period of your subscription.

Refunds

Our service operates on a credit-based system where you purchase credits to use for music generation. We do not issue refunds for purchased credits. All credit purchases are final and non-refundable.

Once you purchase credits, they will remain in your account until used for music generation. Credits do not expire, but they are tied to your account and cannot be transferred to another user.

Music Generation Terms

What You Can't Put in Your Prompts

To keep things legal and respectful, you cannot include any of the following in your music generation prompts:

• Any artist's name (real or stage name, living or deceased)
• Any songwriter's name (real or stage name)
• Song titles or album titles
• Music publisher or record label names
• Substantial portions of song lyrics that would clearly reference a specific song

Commercial Use - What Your Plan Allows

What you can do with your generated music depends on your plan:

Free Credits: Personal use only. No commercial use allowed. And must attribute the music to MusicSmith.ai.

Paid Credits: In general, commercial use is permitted, subject to the following restrictions:

• Offline: You cannot use in offline TV, radio, films, live broadcasts, advertisements, or other visual media.
• Public Events: You cannot use at high-traffic public events (conferences, concerts, expos).
• Music Libraries: You cannot create music libraries with more than 25 tracks for licensing to others.
• Streaming: Online distribution, including streaming platforms, is permitted subject to the restrictions above and applicable law.
• No “Making Available”: You may not resell, sublicense, white‑label, or wrap our service/API to let third parties generate or use outputs in a way that circumvents these terms.

Who Cannot Use This Service

If your business operates in any of these sectors, you cannot use our music generation service:

• Firearms or weapons manufacturing or distribution
• Tobacco products or related paraphernalia
• Prescription pharmaceuticals or controlled substances
• Adult entertainment
• Religious organizations
• Political campaigns or advocacy

We know this might seem restrictive, but it's part of our commitment to responsible AI use.

Third‑Party Model Terms (ElevenLabs)

MusicSmith AI uses ElevenLabs Music. By using our music features, you also agree to ElevenLabs’ Music Terms and the Eleven Music v1 Model‑Specific Terms. If those change, we may update, limit, or remove features to stay compliant. Where these terms conflict, the ElevenLabs model‑specific restrictions govern how you can use Outputs generated through MusicSmith AI.

Limitations of Use

Beyond the music-specific restrictions above, you are not permitted to:

• alter, copy, create derivative works from, decompile, or reverse engineer any materials or software found on this website;
• remove any copyright or other proprietary markings from any materials or software on this website;
• share the materials with another person or host them on a different server;
• use this website or its associated services in a way that disrupts or abuses our networks or any other service provided by us;
• transmit or publish any harassing, inappropriate, illegal, fraudulent, or offensive material using this website or its associated services;
• use this website or its associated services in violation of any applicable laws or regulations;
• use this website to send unauthorized advertising or spam;
• collect user data without their consent using this website;
• use this website or its associated services in a manner that infringes the rights of third parties, such as privacy or intellectual property rights;
• intentionally generate music that you know or should know infringes on someone's copyright or other rights;
• create music that mimics or impersonates specific recording artists in a misleading way.
• generate or deploy content that incites violence, promotes hate speech, glorifies sexual violence or exploitation of minors, is obscene, or otherwise unlawful;

Intellectual Property

We own or have a license for the intellectual property contained in the materials on this website and it is protected by copyright and trademark law. We allow users to download one copy of the materials for personal, non-commercial use. This is a license, not a transfer of ownership. This license will be terminated if you violate any of the restrictions or terms of use and we reserve the right to terminate the license at any time.

AI Output Rights and Non‑Exclusivity

You may use audio you generate for personal or commercial purposes in line with your plan and these terms. We do not claim ownership over your generations. However, generations are non‑exclusive and may be similar or identical to generations provided to others; we do not guarantee uniqueness or exclusivity.

User-Generated or User-Uploaded Content

You retain ownership of the intellectual property rights for any content you submit to us for publication on our website. We do not claim ownership of your content, but we do require a license from you to use it.

When you use our website or its associated services to post, upload, share, or transmit content that is protected by intellectual property rights, you grant us a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, distribute, modify, run, copy, publicly display, translate, or create derivative works of your content in a way that is consistent with your privacy preferences and our Privacy Notice.

Your Responsibility for Prompts

You're responsible for the prompts you submit and the music you generate. If your prompts or generated music infringe on someone's rights, that's on you. Make sure your prompts are original and don't try to recreate copyrighted works.

Copyright Complaints (DMCA Policy)

If you believe that content on our service violates your copyright, let us know, and we’ll address it. We comply with the DMCA and respond to all valid claims. Send us a notice at hi@musicsmith.ai, and we'll follow the DMCA process to resolve the issue.

Liability

The materials on MusicSmith AI, including any AI-generated music, are provided on an 'as is' basis. MusicSmith AI makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.

About AI-Generated Music Specifically

Among other things, we can't guarantee:

• That your generated music will be unique (others might get similar outputs)
• That the music will be suitable for your specific commercial purpose
• That the music won't accidentally resemble existing songs
• That the AI will always be available or work the same way

Due to the nature of machine learning, outputs can be unpredictable. The AI learns from patterns, and sometimes those patterns might produce unexpected results. Use your judgment when using generated content.

MusicSmith AI or its suppliers will not be held accountable for any damages that will arise with the use or inability to use the materials on MusicSmith AI, even if MusicSmith AI or an authorized representative has been notified, orally or written, of the possibility of such damage. Some jurisdictions do not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.

Events Beyond Our Control (Force Majeure)

Sometimes, unexpected events that we can't control ("force majeure" events like natural disasters, acts of war, or serious accidents) might stop us from meeting our responsibilities under these terms. If that happens, we won't be held accountable for not providing the service or any delays. We're not saying it will happen, but if it does, please know it's out of our hands, and we'll do what we can once things are back to normal.

Indemnification

You hereby agree to indemnify, defend, and hold harmless us and our and directors, officers, employees, agents, representatives, partners, and contractors from and against all claims, losses, expenses, damages and costs (including, but not limited to, reasonable attorneys’ fees), resulting from or arising out of your actual or alleged breach of these terms, any content you provide through MusicSmith AI, or your use or misuse of MusicSmith AI. However, you will not be responsible for claims, damages, and costs which are found by a court of competent jurisdiction to have arisen solely from our violation of applicable law.

Right to Terminate

If you breach these Terms of Service, we reserve the right to suspend or terminate your access to our website and these Terms of Service immediately upon written notice to you.

Severance

If any part of these Terms of Service is found to be invalid or unenforceable, that part will be removed, and the remaining terms will remain in effect.

Governing Law and Jurisdiction

These terms are governed by and construed in accordance with the laws of the country of our residence, without giving effect to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of the country of our residence for any disputes arising out of or relating to these terms or your use of MusicSmith AI.