Terms of Service
Last updated: 2025-01-01
Welcome to MidiMind, operated by James Traxler (“MidiMind”, “we”, “us”, or “our”). These Terms of Service (“Terms”) govern your access to and use of our website, application, and services (collectively, the “Service”). By using the Service, you agree to these Terms.
1. Use of the Service
You must be at least 13 years old (or the age of digital consent in your jurisdiction) to use the Service. You are responsible for your account, your prompts, and outputs you download or use.
2. No Guarantee of Originality
The Service may generate musical material (including chord progressions) that may resemble existing works by coincidence or due to common musical patterns. We do not guarantee that any output is unique or non-infringing.
3. Your Responsibilities
- You are solely responsible for evaluating and clearing any rights needed to use outputs in your projects.
- Do not use the Service to infringe the rights of others or to create substantially similar copies of known works.
- Comply with all applicable laws and regulations.
4. License to You
Subject to these Terms and your compliance, we grant you a non-exclusive, non-transferable license to use outputs you generate. We retain all rights in the Service, including models, software, and UI.
5. Acceptable Use
- No unlawful, infringing, or harmful use.
- No attempts to reverse engineer, circumvent limits, or extract model weights.
- No automated scraping or rate abuse.
6. DMCA / Notice and Takedown
If you believe content or output infringes your rights, send a notice to info@midimind.io with sufficient detail to identify the material and your ownership. We will investigate and, where appropriate, remove or restrict access.
7. Disclaimers
THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUTPUTS WILL BE FREE FROM SIMILARITY TO EXISTING WORKS.
8. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUE, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM OR 100 USD, WHICHEVER IS GREATER.
9. Indemnification
You agree to indemnify, defend, and hold harmless MidiMind and its affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service or outputs, your violation of these Terms, or your infringement of any third-party rights.
10. Billing and Credits
Credits and subscriptions are subject to the pricing and plan details shown at purchase. Credits may be consumed for generations or features as indicated in the UI. All sales are final unless required by law.
11. Termination
We may suspend or terminate access to the Service for violations of these Terms or for misuse or abuse of the Service.
12. Changes to the Terms
We may update these Terms from time to time. Material changes will be posted on this page with an updated date. Your continued use of the Service after changes constitutes acceptance.
13. Governing Law; Dispute Resolution
These Terms are governed by the laws of the State of Arizona, without regard to its conflict of laws principles. You agree to resolve disputes through binding individual arbitration on an individual (non-class) basis, and you waive any right to participate in class, collective, or representative actions, to the extent permitted by law. Venue for any permitted court proceedings (e.g., to enforce an arbitral award) will be in the state or federal courts located in Maricopa County, Arizona.
14. Contact
Questions about these Terms can be sent to info@midimind.io.
This document is provided for general informational purposes and should be reviewed by qualified counsel.