The following End User License Agreement (the “Agreement”) is a contract between you (the “Licensee”, the “User”, ”you”) and Mercury Orbit Music (the “Licensor”, “Mercury Orbit Music”, “we”). By using our website and services, located at https://www.mercuryorbitmusic.net, 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, Commercial License, or full Copyright Buyout. The type of the License granted to Licensee upon download will depend on the plan that User is currently subscribed to.
Individuals are eligible for the Standard Monthly, Standard Annually, Pro Monthly or Pro Annually plans that are shown on the Pricing section of the website (www.mercuryorbitmusic.net) or on the Billing section of the website.
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
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 the 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 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.
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 separate 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 Mercury Orbit Music 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 responsibility of the Licensee to provide their correct billing address, payment methods and pay any applicable local VAT or sales tax.
Customers are eligible for refunds for any reason or no reason at all within the trial period that is explicitly defined as the first five days of the subscription plans. During the trial period, customers can receive full refunds for any withdrawal, cancelation, and refunds will be processed in 3-5 business days.
Customers are eligible for refunds if, and only if, they have not used any of the premium , or upgraded features of the plan they subscribed to. If Licensee has already started using premium or any of the upgraded features, Licensee understands that they are no longer eligible for a refund for the specific period where they have used other premium or upgraded features , and the sole act of using premium features will act as a waiver of Licensee’s withdrawal right. Licensees shall also understand that when they decide to terminate any plans, the billing cycle shall include the fixed period of the current calendar month/year within which they terminated(e.g., begins with the first day, and ends the last day of a calendar month/year) , but shall not include any date starting with the next calendar month/year.
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 the Licensee forgets to cancel their subscription.
Mercury Orbit Music reserves the right, at its sole discretion, to modify, discontinue or terminate the Services. Mercury Orbit Music may also modify the Agreement at any time and without prior notice. By continuing to access or use the Services, you indicate that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Services.
THE SERVICES ARE ALL PROVIDED BY MERCURY ORBIT MUSIC ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES, COVENANTS OR CONDITIONS OF ANY KIND. MERCURY ORBIT MUSIC DOES NOT WARRANT OR REPRESENT THAT THE SERVICES, OR ANY PART THEREOF, WILL OPERATE UNINTERRUPTED OR ERROR-FREE. IT IS YOUR RESPONSIBILITY TO ENSURE THAT ANY COMPOSITION, CREATED PARTIALLY OR FULLY WITH THE SERVICES, ARE NOT INFRINGING ON THE COPYRIGHT OF OTHERS. YOU SHALL BE SOLELY RESPONSIBLE FOR THE ACCURACY AND QUALITY OF YOUR CONTENT, AND YOU UNDERSTAND THAT YOU MUST EVALUATE AND BEAR ALL RISKS ASSOCIATED WITH YOUR USE OF THE SERVICES, OR YOUR RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES.
The present contract and relevant copyrights shall be interpreted under the laws of the State of California. 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.
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