1. Introduction

Samara Studios LLC ("Company," "we," or "us") provides the mobile application Samara (the "App"), our website www.samarastudios.com (the "Site"), along with software, content, information, tools, and related services (collectively, the "Service"). Your use of the Service is subject to these Terms of Service ("Agreement").

By downloading, accessing, or using the Service, you agree to be bound by this Agreement. If you do not agree, do not use the Service.

2. About Us

Samara Studios LLC is a Delaware limited liability company.

Contact:

• Email: sam@samarastudios.com
• Website: www.samarastudios.com

3. Service Description

The Samara App allows users to:

• Play songs
• Remix songs with audio effects and genre filters
• Generate music using artificial intelligence
• Share music creations on the platform
• Engage with other users' creations through a social feed
• Share creations outside the platform
• Maintain a user profile

Feature availability may vary depending on subscription tier, device type, and other factors.

We reserve the right to modify, suspend, or discontinue the Service or any features without notice.

4. Eligibility

You must be at least 13 years old to use the Service. By creating an account or using the Service, you represent and warrant that:

• You are at least 13 years of age;
• You have the right, authority, and capacity to enter into this Agreement;
• You will abide by all the terms and conditions of this Agreement.

If you are under the age of 18, you may only use the Service with the consent of a parent or legal guardian. Parents or legal guardians are responsible for the activities of their minor children on the Service. If we discover that a user is under the age of 13 without verifiable parental consent, we will terminate the account and delete any associated personal information, as required by law.

5. Licensed Music Content (Artist Catalog)

Artist Catalog and Licensed Content:

The Service provides access to a catalog of songs from artists and indie labels ("Licensed Content") that are licensed to Company for specific uses within the Service. This Licensed Content is protected by copyright and other intellectual property rights belonging to the original artists, labels, and rightsholders.

Music Playback:

You are granted a limited, non-exclusive, non-transferable right to access and play Licensed Content solely through the Service for personal, non-commercial purposes. You may not download, copy, redistribute, publicly perform, or use Licensed Content for commercial purposes.

Remix and Audio Effects Features:

The Service allows you to create remixes and apply audio effects to the Licensed Content from our artist catalog ("Remixes"). By using these features, you explicitly acknowledge and agree that:

• Non-Commercial Use Only: All Remixes of Licensed Content are strictly for non-commercial use only, regardless of your subscription tier.
• No Ownership Rights: You do not acquire ownership rights to the underlying Licensed Content or to your Remixes.
• Sharing Permissions: You may share Remixes within the Service or on third-party platforms provided you:
  • Properly attribute the original artists
  • Include a reference like "Remix made with Samara" or retain watermarks added by the Service
  • Comply with third-party platform terms
  • Do not monetize or commercialize Remixes in any way
• Rights Retention: Company, original artists, and their labels retain all ownership rights in the Licensed Content.

Distinction from AI-Generated Music:

Restrictions on Remixes of Licensed Content differ from rights granted for AI-Generated Music.

6. AI-Generated Music

The Service allows you to generate original music via artificial intelligence ("AI-Generated Music").

License to Use:

Your rights to use AI-Generated Music depend on your subscription tier:

For Free Users:

• Use limited to personal, non-commercial purposes.

For Premium Subscribers:

• You are granted a worldwide, non-exclusive, sublicensable license to use, reproduce, modify, distribute, perform, and display AI-Generated Music for commercial purposes, subject to your compliance with these Terms, our Privacy Policy, and Community Guidelines.
• If you violate these Terms, the Privacy Policy, or Community Guidelines, your license to commercially use AI-Generated Music is immediately revoked.

Ownership and Limitations:

• No full copyright ownership is transferred.
• License is non-exclusive.
• Company retains ownership of underlying AI technology.
• AI-Generated Music may resemble existing works; originality not guaranteed.

Prohibited Uses for All Users:

Includes misuse such as training AI, creating NFTs without permission, replicating artist styles misleadingly, violating copyrights, or producing illegal, hateful, or harmful content.

7. User Content

When you post, share, or create content ("User Content") on the Service, you grant Company a worldwide, non-exclusive, royalty-free license to use, reproduce, adapt, and distribute such content to:

• Operate and provide the Service
• Improve AI systems
• Market and promote the Service (with your consent)
• Comply with legal obligations

License Survival:

The license survives deletion of User Content to the extent needed to operate the Service, maintain archives, or comply with legal obligations.

Content Review and Removal:

Company reserves the right, but is not obligated, to review, monitor, or remove any User Content that, in our sole judgment, violates these Terms, the Privacy Policy, or our Community Guidelines, or that we otherwise find objectionable. Company may take down or disable access to such content without prior notice.

8. Content Sharing and Distribution

For Remixes of Licensed Content:

• Non-commercial use only.
• Attribution and platform compliance required.

For AI-Generated Music:

• Free users: non-commercial only.
• Premium users: commercial use permitted per Section 6.
• Attribution encouraged for AI-Generated Music.

Company may revoke sharing privileges for violations.

9. Subscriptions and Payments

Subscription payments processed via Apple's App Store; terms subject to Apple policies.

Refunds:

All billing and refund requests must be handled through Apple. If future platforms (e.g., Android or web) are used, their respective refund policies will apply.

Premium features may change with notice; material changes to commercial use rights will be communicated in advance.

10. Mobile Application Terms

Device compatibility, update requirements, and third-party service terms apply.

11. Rules of Conduct

Your use of the Service is conditioned on your compliance with the terms of this Agreement, including but not limited to these rules of conduct.

You represent and warrant:

• that the information that you have provided on the Service is complete, accurate, and true, and agree to update it as necessary;
• that you, and, if applicable, the business or entity that you represent on the Service, have/has the express, informed consent of any person(s) whose personal or contact information that you will provide us, either directly or through the Service;
• you, and, if applicable, the business or entity that you represent on the Service, have the legal rights and authorizations to post, upload, communicate with us about, and make decisions based upon, the materials or information that you make available, or that is otherwise available, on the Service (including all Submissions and Content), as required by applicable law, regulation, and best industry standards; and
• you, and, if applicable, the business or entity that you represent on the Service, are/is not a competitor of ours.

You agree that you will not violate any applicable law or regulation in connection with your use of the Service or any Content contained therein.

You are solely responsible for any and all of the actions you take, or decisions that you make, relating to or arising from your use of the Service.

12. Intellectual Property

Service content and technology are owned by Company or licensors. Feedback belongs to Company. All rights not expressly granted are reserved by the Company.

13. Copyright Policy

We respond to DMCA takedown requests at team@samarastudios.com. Counter-notices may be submitted to the same address and must include all information required under the DMCA.

14. Privacy Policy

See our Privacy Policy.

15. Disclaimers and Limitation of Liability

Service provided "AS IS". Liability limited to the greater of $100 USD or the total amount paid by you in the past 12 months.

16. Indemnification

You agree to indemnify Company for violations of these Terms.

17. Term and Termination

Company may suspend or terminate access for any violation. License rights for User Content and AI-Generated Music (as applicable) survive termination.

18. Changes to These Terms

Terms may change; notice provided for material changes.

19. Governing Law and Dispute Resolution

These Terms are governed by the laws of Delaware. All disputes will be resolved by binding arbitration in Delaware under the rules of the American Arbitration Association. You waive the right to a jury trial and agree to resolve any claims on an individual basis.

20. Eligibility (Additional)

You must be at least thirteen (13) years old to use the Service. By creating an Account, or submitting material through the Service, you represent that you meet this minimum age requirement.

Some parts of the Service may not be available to the general public, and we may impose additional eligibility rules from time to time on those portions of the Service. We reserve the right to amend or eliminate these eligibility requirements at any time.

By using the Service, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement, and that you commit to abide by all the terms and conditions herein.

21. General Provisions

• Entire Agreement: These Terms constitute the full agreement between you and Company.
• Electronic Signatures: Your electronic acceptance of these Terms is legally binding.
• Waiver and Severability: Failure to enforce a provision does not waive it. If any provision is invalid, the remainder remains in effect.
• Assignment: You may not transfer these Terms without our consent. We may assign them without restriction.
• Notices: Notices will be delivered via email or through the Service.

22. Export Compliance

You agree not to access or use the Service in violation of any U.S. export laws. You represent you are not located in a sanctioned country or on any restricted party list.

23. Force Majeure

Company is not liable for failure due to causes beyond its control, including natural disasters, internet outages, or war.

Contact Information

Questions? Contact us at sam@samarastudios.com.

By using the Service, you acknowledge that you have read, understand, and agree to these Terms.