Terms of Service

Welcome to Muku.ai! These Terms of Service outline the agreement between you and Muku.ai regarding the use of our service. Please read these terms carefully before using our platform. By accessing or using Muku.ai, you agree to abide by these terms and conditions. If you do not agree with any part of these terms, you may not access or use our service.

Acceptance of These Terms of Service

Muku.ai ("Muku," "we," "us," or "our") provides our services (described below) and related content to you through our website(s) located at https://muku.ai/ (the "Site"), through any third-party social platforms such as Discord, and through our mobile applications and related technologies ("Mobile Apps", and collectively, such Mobile Apps and the Site, including any updated or new features, functionality and technology, the "Service"). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these "Terms of Service"). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the "Terms of Service" link on the Site. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

Your Privacy

At Muku, we respect the privacy of our users. For more information, please see our Privacy Policy, located at https://www.muku.ai/legal/privacy (the "Privacy Policy"). By using the Service, you consent to our collection, use, and disclosure of personal data and other data as outlined therein.

Additional Terms

In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Service

Service Description

The Service is designed to process input data, information, and content that you provide in the form of code, video, images, information, data, text, software, music, sound and other audio, photographs, graphics, messages, and other materials and mediums (collectively referred to as the "Submissions") and generate and return audio and visual output ("Output", and together with the Submissions, "Content"). The Service may include a public forum where Content can be shared in a productive environment with other users.

Your Registration Obligations

You may be required to register with Muku or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. You must be at least 13 years old to use the Service. In addition, if you are under 18 years old, you may use the Service only with the express consent of your parent or guardian, and you agree to provide true, accurate, current, and complete information as requested by Muku to confirm such express consent. You may not create more than one account to benefit from the free tier of the Service. If we believe you are not using the free tier in good faith, we may stop providing access to the Service. If we discontinue the Service, we will refund you any pre-paid fees on a pro rata basis, based upon the number of months left in the pre-payment period.

Member Account, Password and Security

You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Muku of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Muku will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Modifications to Service

Muku reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Muku will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage

You acknowledge that Muku may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Muku's or its third-party service providers' servers on your behalf. You acknowledge that Muku reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Muku reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Conditions of Access and Use

User Conduct

You are solely responsible for any use of the Service and all Submissions that you make available to Muku, including by uploading, posting, publishing, or displaying (hereinafter, "upload(ing)") Submissions via the Service or by emailing or otherwise making available Submissions to other users of the Service. You assume all risk associated with Submissions, including the transmission thereof, and you have sole responsibility for the accuracy, quality, legality and appropriateness of Submissions. The posting of Content on the Service by users does not indicate any approval or endorsement by Muku of such Content. Muku is not responsible for, and disclaims, any and all liability in connection with Content or any act of accessing, browsing, contributing to or otherwise using the Service. In no event will you use the Output to compete with Muku, including to create a competing product or service. You agree not to misuse the Service or engage in any behavior that violates these Terms of Service. Muku reserves the right to investigate and take appropriate legal action against anyone who, in Muku's sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities.

Fees

To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Muku that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Muku or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Muku the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Muku (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Muku know within sixty (60) days after the date that Muku charges you, or within such longer period of time as may be required under applicable law. You will be responsible for all taxes associated with the Service, other than taxes based on Muku's net income.

Payment Processing

Notwithstanding any amounts owed to Muku hereunder, MUKU DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates ("Stripe"), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://www.stripe.com/terms and Stripe's Global Privacy Policy available at https://www.stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Muku assumes no liability or responsibility for any payments you make through the Service.

Refunds and Cancellations

Payments made by you hereunder are final and non-refundable, unless otherwise determined by Muku. You may cancel your subscription online within the account interface at https://muku.ai/dashboard/billing or by emailing us at support@muku.ai.

Commercial Use

Subject to the Content Section below, unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, grant access to, transfer, or otherwise use or exploit any portion of the Service for any commercial purposes.

Software

Ownership; Restrictions

The technology and software underlying the Service or distributed in connection therewith are the property of Muku, its affiliates, and its licensors (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Muku.

Special Notice for International Use; Export Controls

Muku is headquartered in the United States. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Software available in connection with the Service and the transmission of applicable data, if any, is subject to United States export controls. No Software may be downloaded from the Service or otherwise exported or re-exported in violation of U.S. export laws. Downloading, accessing or using the Software or the Service is at your sole risk.

Intellectual Property Rights

Service Content

You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Muku or otherwise under this Agreement, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to Content that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.

Trademarks

The Muku name and logos are trademarks and service marks of Muku (collectively the "Muku Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Muku. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Muku Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of Muku Trademarks will inure to our exclusive benefit.

Content

You represent and warrant that you own all right, title and interest in and to Submissions, including all copyrights and rights of publicity contained therein, and that you possess all necessary rights or have obtained all consents necessary to grant Muku the rights and licenses herein. By using the Service or otherwise transmitting Submissions to us, you grant to Muku and our affiliates, successors, assigns, and designees a worldwide, non-exclusive, fully paid-up, sublicensable (directly and indirectly through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use, reproduce, store, modify, distribute, create derivative works based on, perform, display, communicate, transmit and otherwise make available any and all Content (in whole or in part) in any media now known or hereafter developed, in connection with the provision, use, monetization, promotion, marketing, and improvement of our products and services, including the Service. For the avoidance of doubt, this license authorizes us to make your Content available to and sublicense Content to other users of the Service as necessary to provide the Service, and you further grant to Muku the worldwide, fully paid-up, sublicensable, assignable, perpetual and irrevocable right to identify to the public (both on and off the Service) that Output (or any of it) was generated via the Service. You acknowledge that to the extent that you include personally identifiable information in the Submissions, we may republish such information. Although Muku has no obligation to monitor the Content, you acknowledge and agree that we may do one or all of the following: (i) monitor the Content; (ii) alter, edit, or remove any Content in whole or in part; or (iii) disclose any Content.

If you are a user of the free tier of the Service then, as between you and Muku, Muku owns all Output generated from Submissions made by you through the Service, and, subject to your compliance with the terms of this Agreement, Muku grants you a license to use such Output solely for your lawful, internal, and non-commercial purposes, provided that you give attribution credit to Muku in each case.

For the avoidance of doubt, Output may be publicly available in a third-party application such as Discord, where it may be viewable, downloadable, and modified by other users of that third-party application. If the Output becomes publicly available in such third-party application, you agree that other users have a right to access, display, view, store, modify, and copy such Output; provided, however, that you may change your settings to bypass these public sharing default settings so that Output generated will remain private.

You hereby authorize Muku and its third-party service providers to derive statistical and usage data relating to your use of the Service ("Usage Data"). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.

Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service ("Feedback") provided by you to Muku are non-confidential, and Muku will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.

You acknowledge and agree that Muku may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Muku, its users, or the public. You understand that the technical processing and transmission of the Service, including Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Copyright Complaints

Muku respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Muku of your infringement claim in accordance with the procedure set forth below.

Muku will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Muku's Copyright Agent at support@muku.ai