Terms of Service

INBEstudio AI Compliance Check Platform

Last Updated: November 13, 2025

Effective Date: November 13, 2025

1. Agreement to Terms

By accessing or using the INBEstudio AI Compliance Check Platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Service.

Legal Entity: INBEstudio ("Company," "we," "us," or "our")

Contact: sales@inbestudio.com

Website: www.inbestudio.com

1.1 Acceptance of Terms

By using the Service, you automatically and unconditionally accept these Terms. Acceptance occurs when you:

• Create an account on the platform
• Access the Service via API or web interface
• Upload files for analysis
• View analysis results
• Make payment for any Service tier

No separate signature is required. Use of the Service constitutes legally binding acceptance.

1.2 Enterprise Agreements and Custom Contracts

These Terms apply to ALL users, including Enterprise customers, unless explicitly superseded.

If you enter into a separate written agreement with INBEstudio (e.g., Master Service Agreement, Enterprise License, Pilot Program Agreement), the following provisions of these Terms SHALL ALWAYS APPLY and cannot be modified by any separate agreement:

In case of conflict between a separate agreement and these Terms regarding the above provisions, these Terms shall prevail.

Separate agreements may specify:

• Service levels (SLA)
• Pricing and payment terms specific to the engagement
• Support response times
• Pilot duration and scope
• Confidentiality obligations
• Other commercial terms

But separate agreements CANNOT:

• Increase our liability beyond $100 USD
• Remove Client indemnification obligations
• Characterize our Service as "certification" or "verification"
• Create warranties we do not provide
• Alter the fundamental nature of the Service

Enterprise customers acknowledge: By entering into a separate agreement that references or incorporates these Terms, you accept that the non-negotiable provisions listed above apply regardless of any other terms in the separate agreement.

2. Service Description

INBEstudio provides an AI-powered compliance checking service for audio files. The Service analyzes audio content for:

• Copyright fingerprint matching
• AI-generated content detection
• Platform compliance risk assessment

The Service is offered as a B2B (Business-to-Business) SaaS platform with tiered subscription plans.

2.1 Music Industry Specific Limitations

Our Service analyzes audio fingerprints and AI-generated content patterns. We do NOT:

• Provide legal opinions on fair use, transformative use, or parody
• Analyze sampling legality or derivative works compliance
• Determine public domain status or copyright expiration
• Interpret international copyright treaties or territorial rights
• Assess sync licensing, mechanical licensing, or performance rights requirements
• Make judgments on commentary, criticism, or educational use exceptions
• Determine whether specific uses constitute infringement

Copyright law is complex and jurisdiction-specific. Our analysis is ONE tool in your compliance process, not a substitute for legal counsel specializing in music copyright law.

Important: A "match" in our system indicates similarity, not necessarily infringement. Many legitimate uses (licensed samples, public domain, fair use) will also match. Conversely, lack of a match does not guarantee freedom from copyright claims.

3. Eligibility

To use this Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into binding contracts
• Represent a business entity or use the Service for professional purposes
• Provide accurate registration information
• Comply with all applicable laws and regulations

Note: This Service is intended for businesses and professionals. Personal or consumer use may be subject to different terms.

4. Account Registration

4.1 Account Creation

To access the Service, you must create an account by providing:

• Valid email address
• Secure password
• Business information (as requested)

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your API key
• All activities under your account
• Notifying us immediately of unauthorized access

We will not be liable for any loss or damage from your failure to comply with this security obligation.

4.3 Account Accuracy

You agree to:

• Provide accurate, current information
• Update your information to maintain accuracy
• Not use another person's account without permission
• Not create multiple accounts to circumvent usage limits

5. Subscription Plans and Pricing

5.1 Available Plans

5.2 Billing

Billing Cycle: Monthly, charged on the anniversary of your subscription date.

Payment Method: Credit card via Stripe. We do not store your credit card information.

Auto-Renewal: Subscriptions automatically renew unless cancelled before the renewal date.

Failed Payments: If payment fails, we will:

1. Attempt to charge your card up to 3 times
2. Notify you via email
3. Suspend your account after 7 days of non-payment
4. Delete your account after 30 days of non-payment

5.3 Overage Charges

If you exceed your monthly analysis limit:

Pro Tier: $1.00 per additional analysis

Studio Tier: $0.50 per additional analysis

Overage charges are billed at the end of your billing cycle.

5.4 Price Changes

We reserve the right to change prices with:

• 30 days' notice for existing customers
• Immediate effect for new customers

Your continued use after price changes constitutes acceptance.

5.5 Refunds

Non-Refundable: Subscription fees are non-refundable except:

• Service unavailable for >48 consecutive hours (Pro-rata refund)
• We terminate your account in error (full refund)
• Required by applicable law

Cancellation: You may cancel at any time. Access continues until end of billing period.

6. API Usage and Limits

6.1 API Key

Upon registration, you receive a unique API key. You must:

• Keep your API key confidential
• Not share your API key publicly
• Not use your API key on client-side code (use server-side only)
• Rotate your API key if compromised

6.2 Usage Limits

Your usage is limited based on your subscription tier. Limits include:

• Number of analyses per month
• Maximum file size
• Request rate limits (to prevent abuse)

Rate Limits:

• Free: 10 requests/minute
• Pro: 60 requests/minute
• Studio: 120 requests/minute

6.3 Prohibited Use

You may NOT:

• Exceed rate limits (results in temporary IP ban)
• Reverse engineer the Service
• Use the Service to infringe others' rights
• Upload malicious content (viruses, malware)
• Resell or redistribute the Service
• Use the Service for illegal purposes

6.4 Content Standards

While we do not monitor uploaded content, you agree NOT to upload:

• Content promoting violence, terrorism, or illegal activity
• Hate speech or discriminatory content
• Content depicting illegal sexual acts
• Malware, viruses, or malicious code
• Content violating export control laws
• Content designed to bypass our rate limits

We reserve the right to scan files for malware and CSAM (child sexual abuse material) for security and legal compliance purposes.

7. Content and Data

7.1 Your Content

You retain all rights to audio files you upload ("Your Content").

By uploading, you grant us a limited license to:

• Process your audio files
• Store files temporarily for analysis
• Generate reports based on your files

We do NOT:

• Claim ownership of your files
• Use your files to train AI models
• Share your files with third parties
• Retain files after analysis (deleted within 30 days)

7.2 Prohibited Content

You may NOT upload:

• Child sexual abuse material (CSAM)
• Content that violates others' copyrights
• Malware or viruses
• Content prohibited by law

Violation results in immediate account termination and law enforcement notification.

7.3 Data Retention

Audio Files: Deleted within 30 days of upload

Reports: Retained for 90 days (accessible via API)

Account Data: Retained while account is active + 30 days after cancellation

Billing Data: Retained for 7 years (tax compliance)

8. Intellectual Property

8.1 Our IP

The Service, including all software, algorithms, text, graphics, and logos, is owned by INBEstudio and protected by copyright, trademark, and other laws.

You may NOT:

• Copy, modify, or reverse engineer the Service
• Remove copyright notices
• Create derivative works

8.2 Your IP

You retain all rights to Your Content. We claim no ownership.

8.3 Feedback

If you provide suggestions or feedback, we may use it without obligation to you.

9. Disclaimers and Limitations

9.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

• Accuracy of results
• Completeness of analysis
• Fitness for a particular purpose
• Non-infringement

The Service is a tool, not legal advice. Consult a lawyer for legal matters.

9.2 No Guarantee of Results

We do NOT guarantee that:

• Analysis results are 100% accurate
• All copyrighted content will be detected
• AI-generated content detection is infallible
• The Service will meet your specific requirements

You are responsible for verifying results and making final decisions.

9.3 Service Availability

We strive for high availability but do NOT guarantee:

• 100% uptime (except SLA commitments for paid tiers)
• Uninterrupted service
• Error-free operation

SLA Credits: If we fail to meet SLA commitments, you may request service credits (not cash refunds).

9.4 Third-Party Services

The Service relies on third-party services:

• Stripe (payment processing)
• Railway/Vercel (hosting)
• AcoustID (fingerprinting database)

We are not responsible for third-party service outages or issues.

9.5 AI Technology Limitations

The Service uses artificial intelligence and machine learning technologies that are inherently probabilistic and not deterministic. You acknowledge that:

• AI detection results are estimates, not guarantees
• False positives and false negatives can occur
• The technology continues to evolve and improve
• Results should be verified by qualified professionals
• You assume all risk for decisions based on our analysis

AI TECHNOLOGY CANNOT REPLACE HUMAN JUDGMENT. Consult legal and technical experts before making decisions with legal or financial consequences.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

10.1 LIABILITY CAP

Our total liability for ANY and ALL claims arising from or related to the Service shall NOT exceed the LESSER of:

• One hundred US dollars ($100.00), OR
• The amount you paid us in the 12 months immediately preceding the claim

This liability cap applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise.

10.2 Excluded Damages

We are NOT liable for:

• Lost profits, revenue, or business opportunities
• Lost data or content
• Costs of procurement of substitute services
• Indirect, incidental, consequential, special, or punitive damages
• Business interruption
• Reliance on analysis results or decisions made based on our analysis
• Platform rejections or acceptances of your content
• Third-party copyright infringement claims against you
• Damages arising from false positive detections
• Damages arising from false negative detections (missed AI content)
• Damages from undetected copyright similarities

This applies even if we were advised of the possibility of such damages.

10.3 Detection Technology Limitations

You acknowledge and agree that:

1. No detection technology is perfect. False positives and false negatives are inherent limitations of AI detection and copyright fingerprinting systems.
2. We make NO guarantees about:
   • Specific accuracy percentages in your use case
   • Absence of errors in any particular analysis
   • Suitability for your specific purposes
   • Results matching your expectations
3. Platform decisions are YOURS alone:
   • We provide probability scores and risk assessments
   • YOU must establish decision thresholds
   • YOU make final accept/reject decisions
   • YOU assume all liability for those decisions
4. Our analysis does NOT determine:
   • Legal copyright infringement
   • Fair use or transformative use status
   • Platform policy compliance
   • Regulatory compliance
   • Licensing requirements

10.4 Jurisdictional Limitations

Some jurisdictions do not allow limitation of liability for consequential damages or have specific rules about liability caps. In such jurisdictions:

• Our liability is limited to the maximum extent permitted by law
• If the $100 cap is unenforceable, liability is limited to fees paid in the prior 12 months
• All other limitations remain in effect to the extent permissible

11. Indemnification

11.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless INBEstudio, its officers, directors, employees, contractors, agents, licensors, and suppliers from and against ANY and ALL:

• Claims
• Damages
• Losses
• Liabilities
• Costs (including reasonable attorneys' fees)

Arising from or related to:

1. Your Content:
   • Content you upload to the Service
   • Content you analyze through the Service
   • Content you distribute based on our analysis
   • Copyright infringement claims related to your content
2. Your Decisions:
   • Decisions you make based on Service analysis
   • Platform rejections or acceptances of content
   • Revenue loss from content decisions
   • Legal action from third parties regarding your content
3. Your Use of Results:
   • Reliance on analysis results
   • Distribution of content based on risk scores
   • Representations you make about analysis results
   • Commercial use of analyzed content
4. Your Conduct:
   • Violation of these Terms
   • Violation of applicable laws or regulations
   • Violation of third-party rights
   • Misrepresentation of analysis capabilities to third parties
5. Third-Party Claims:
   • Copyright infringement claims
   • Platform Terms of Service violations
   • Regulatory non-compliance claims
   • Any other third-party legal action

11.2 Defense and Settlement

You will:

• Defend us at YOUR expense using counsel reasonably acceptable to us
• Promptly notify us of any claim
• Cooperate fully in the defense
• NOT settle any claim without our prior written consent

We reserve the right to:

• Assume control of defense and settlement at our expense
• Participate in defense with our own counsel at our expense

11.3 Exclusions

Your indemnification obligation does NOT apply to claims arising solely from:

• Our gross negligence or willful misconduct
• Our violation of applicable law
• Our breach of these Terms

11.4 Survival

This indemnification obligation survives termination of these Terms and your use of the Service.

11.5 Assumption of Risk

By using the Service, you explicitly acknowledge, understand, and assume the following risks:

Detection Technology Risks

You acknowledge that:

1. All AI detection and copyright fingerprinting technologies have inherent limitations
   • False positives WILL occur (human content flagged as AI)
   • False negatives WILL occur (AI content not detected)
   • Accuracy varies based on audio quality, genre, production style, and other factors
   • No detection system can achieve 100% accuracy
2. You are solely responsible for:
   • Interpreting analysis results in your specific context
   • Establishing your own decision thresholds and policies
   • Making final decisions about content acceptance or rejection
   • Verifying results independently if required for your use case
   • Understanding limitations of probabilistic analysis
3. Platform policies change frequently
   • Our analysis does NOT guarantee platform acceptance
   • Our analysis does NOT guarantee platform rejection
   • Platforms may change policies without notice
   • What is acceptable today may be prohibited tomorrow
4. Copyright law is complex and jurisdiction-specific
   • Our analysis does NOT constitute legal advice
   • Our analysis does NOT determine copyright infringement
   • Our analysis does NOT assess fair use, transformative use, or parody
   • Our analysis does NOT interpret licensing agreements
   • You MUST consult qualified legal counsel for legal questions

Business and Financial Risks

You acknowledge that:

1. Financial losses may occur
   • Platform rejections may result in lost fees
   • Distribution delays may result in lost revenue
   • False positives may prevent legitimate content distribution
   • False negatives may result in copyright claims
2. We are NOT responsible for:
   • Your business decisions based on our analysis
   • Revenue loss from platform rejections
   • Costs incurred in content creation or distribution
   • Opportunity costs from delayed releases
   • Reputational harm from distribution decisions
3. The Service is a TOOL, not a GUARANTEE
   • Results provide information for YOUR decision-making
   • Results do NOT substitute for human judgment
   • Results do NOT eliminate your responsibility
   • Results do NOT transfer liability from you to us

Legal and Regulatory Risks

You acknowledge that:

1. Legal and regulatory environments are evolving
   • AI music regulations are changing rapidly (especially 2026+ landscape)
   • Platform policies regarding AI content are unstable
   • Copyright law interpretation varies by jurisdiction
   • Future regulations may affect historical decisions
2. Compliance is YOUR responsibility
   • You must understand applicable laws in your jurisdiction
   • You must comply with platform Terms of Service
   • You must maintain proper licensing for copyrighted material
   • You must disclose AI usage where required
3. Our Service does NOT:
   • Certify regulatory compliance
   • Guarantee platform Terms of Service compliance
   • Validate licensing status
   • Determine legal obligations

Explicit Acknowledgment

By using the Service, you EXPLICITLY state:

• ☑ "I understand that this is a probabilistic analysis tool, not a legal or compliance certification service"
• ☑ "I understand that false positives and false negatives are inherent to detection technology"
• ☑ "I am solely responsible for all decisions I make based on analysis results"
• ☑ "I will not rely solely on this Service for legal, business, or platform compliance decisions"
• ☑ "I will consult qualified legal counsel before making decisions with legal or financial consequences"
• ☑ "I assume all risks associated with my use of the Service and my content decisions"

IF YOU DO NOT AGREE WITH THESE ASSUMPTIONS OF RISK, DO NOT USE THE SERVICE.

12. Termination

12.1 Termination by You

You may terminate at any time by:

• Cancelling your subscription in the dashboard
• Emailing sales@inbestudio.com
• Ceasing to use the Service

No refunds for partial months.

12.2 Termination by Us

We may terminate your account immediately if you:

• Violate these Terms
• Engage in fraudulent activity
• Upload prohibited content
• Abuse the Service (excessive requests, attempting to hack, etc.)

We will notify you via email. No refunds for terminated accounts.

12.3 Effect of Termination

Upon termination:

• Your access is revoked immediately
• Your API key is deactivated
• Your data is deleted per our retention policy
• Outstanding fees remain due

13. Privacy and Data Protection

Our collection and use of personal information is described in our Privacy Policy.

By using the Service, you consent to:

• Data collection as described in the Privacy Policy
• Data processing in the United States
• Use of cookies and tracking technologies

GDPR/CCPA: If you are in the EU or California, additional rights apply. See Privacy Policy.

14. Copyright and DMCA

14.1 Copyright Policy

We respect intellectual property rights. If you believe content on our Service infringes your copyright, contact us at:

DMCA Agent: sales@inbestudio.com

Required Information:

• Your contact information
• Description of copyrighted work
• URL or location of infringing material
• Statement of good faith belief
• Statement of accuracy under penalty of perjury
• Electronic or physical signature

14.2 Counter-Notice

If your content was removed, you may file a counter-notice with the same information plus:

• Statement that removal was a mistake
• Consent to jurisdiction

We will restore content in 10-14 business days unless copyright owner files a lawsuit.

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of Argentina, without regard to its conflict of law principles.

15.2 Arbitration

Disputes will be resolved through binding arbitration conducted by:

• Organization: Arbitration and Mediation Center of the Buenos Aires Stock Exchange (CAM-BCBA)
• Rules: CAM-BCBA Commercial Arbitration Rules
• Location: Buenos Aires, Argentina
• Language: Spanish and English accepted
• Each party pays their own arbitration costs

15.3 Exceptions to Arbitration

Either party may seek injunctive relief in Argentine courts for:

• Intellectual property violations
• Unauthorized system access
• Data breaches or security incidents

15.5 Arbitration Severability

If the arbitration provision is found unenforceable in your jurisdiction:

• Only the arbitration provision is severed
• All other Terms remain in effect
• Disputes proceed in courts under Section 15.1 governing law
• Class action waiver remains if separately enforceable

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and INBEstudio.

16.2 Amendments

We may modify these Terms at any time by:

• Posting updated Terms on the website
• Notifying you via email (for material changes)

Continued use after changes constitutes acceptance.

16.3 Severability

If any provision is invalid, the remaining provisions remain in effect.

16.4 Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

16.5 Assignment

You may not assign these Terms. We may assign these Terms to:

• Affiliates
• Acquirers in a merger or sale

16.6 No Agency

These Terms do not create a partnership, agency, or employment relationship.

16.7 Force Majeure

We are not liable for delays or failures due to causes beyond our reasonable control (natural disasters, wars, pandemics, etc.).

16.8 Service Discontinuation

We reserve the right to discontinue the Service with:

• 90 days notice for paying customers
• 30 days notice for Free tier users

Upon discontinuation:

• You may export all reports
• Unused subscription fees are refunded pro-rata
• Your data is deleted per our Privacy Policy

We are not liable for discontinuation damages.

17. Contact Information

For questions about these Terms:

Email: sales@inbestudio.com

Website: www.inbestudio.com

Address: Buenos Aires, Argentina

18. Definitions

"Service" - INBEstudio AI Compliance Check Platform, including API, website, and documentation

"Account" - Your registered user account

"API Key" - Unique authentication token for API access

"Your Content" - Audio files you upload

"Analysis" - One audio file processed through our system

"Tier" - Subscription plan level (Free, Pro, Studio, Enterprise)

"SLA" - Service Level Agreement (uptime commitment)

19. Acknowledgment

BY CREATING AN ACCOUNT, YOU ACKNOWLEDGE THAT:

1. You have read and understood these Terms
2. You agree to be bound by these Terms
3. You are authorized to agree on behalf of your organization (if applicable)
4. You will comply with all applicable laws

If you do not agree, do not use the Service.

Appendix: Service Level Agreement (SLA)

Pro Tier SLA

Uptime Commitment: 99.5% monthly uptime

Downtime Credit: 10% of monthly fee per 1% below commitment

Maximum Credit: 50% of monthly fee

Studio Tier SLA

Uptime Commitment: 99.9% monthly uptime

Downtime Credit: 10% of monthly fee per 0.5% below commitment

Maximum Credit: 100% of monthly fee

Exclusions

SLA does not cover downtime due to:

• Scheduled maintenance (with 48 hours notice)
• Third-party service failures
• Your actions (exceeding rate limits, etc.)
• Force majeure events

Claiming Credits

To claim SLA credits:

1. Email sales@inbestudio.com within 7 days
2. Provide downtime details
3. We will investigate and issue credits within 30 days

Credits are service credits, not cash refunds.

Version: 1.0

Effective Date: November 13, 2025