Terms of Service

1. Agreement to Terms & Eligibility

These Terms of Service constitute a legally binding agreement between you and Detune, governing your access to and use of Detune, including our web applications, algorithms, APIs, and audio recommendation services (collectively, the “Service”).

By visiting, creating an account on, or otherwise using the Service, you represent that you are at least thirteen (13) years of age (or sixteen (16) years of age in the European Economic Area or United Kingdom), possess the full legal capacity to enter into these Terms, and have read, understood, and agreed to be bound by these Terms, our Privacy Policy, and our Cookie Policy. If you do not agree to these Terms, you must immediately cease all access to the Service.

2. Nature of the Service & Algorithmic Disclaimer

Detune provides algorithmic music discovery, acoustic feature extraction, playlist assembly tools, and audio preview playback. Our recommendation systems analyze acoustic properties (including tempo, harmonic balance, rhythm, and spectral distribution) to generate suggested track sequences based on user vibe prompts.

Algorithmic Interpretation Disclaimer

Music appreciation is inherently subjective. Detune makes no representations, warranties, or guarantees that recommendations, vibe matches, or playlist sequences generated by our algorithms will satisfy your personal aesthetic tastes, produce specific emotional responses, or be suitable for any particular commercial, artistic, broadcast, or therapeutic endeavor. Algorithmic outputs are provided strictly for entertainment and personal discovery purposes.

3. Intellectual Property Rights & DMCA Safe Harbor

Detune Proprietary Rights: The Detune name, logo, graphic designs, interfaces, acoustic algorithms, recommendation pipelines, frontend and backend code, and documentation are the exclusive intellectual property of Detune and are protected by international copyright, trademark, and trade secret laws.

Third-Party Music Content & Previews: Detune is not a record label, music publisher, audio hosting repository, or digital streaming distributor. All 30-second audio previews, track titles, album cover artwork, and artist names displayed or played via the Service are retrieved via licensed third-party streaming APIs (including Deezer) solely for descriptive identification and promotional preview purposes under applicable developer terms. All copyrights in sound recordings and musical compositions remain the exclusive property of their respective record labels, publishers, and artist copyright holders.

DMCA Copyright Infringement Notice (17 U.S.C. § 512)

Detune complies with the Digital Millennium Copyright Act (“DMCA”). If you are a copyright owner or an agent thereof and believe that any audio preview or metadata provided through the Service infringes upon your copyright, you may submit a formal notification to our designated DMCA Agent containing:

Identification of the copyrighted work claimed to have been infringed.
Identification of the material claimed to be infringing and its specific URL/track identifier.
Your contact information (name, address, telephone number, and email address).
A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner.
Your physical or electronic signature.

Designated DMCA Contact: legal@detune.audio • Subject: “DMCA Takedown Notice”

4. User Accounts & Acceptable Use Policy

You are solely responsible for safeguarding your login credentials and for all activities that occur under your Detune account. You agree to notify us immediately of any unauthorized access or breach of security.

As a condition of using the Service, you strictly agree NOT to:

• Decompile, reverse engineer, decrypt, or attempt to extract the source code or proprietary acoustic feature weights of Detune.

• Deploy automated crawlers, spiders, scraping scripts, or bots to harvest playlist data, track lists, or audio streams without prior written authorization.

• Circumvent, bypass, or disable rate limits, tier restrictions, authentication tokens, or payment barriers.

• Probe, scan, or test the vulnerability of Detune servers, or launch denial-of-service (DDoS) attacks.

• Resell, redistribute, license, or commercially exploit Detune recommendation outputs or API endpoints without an express commercial license.

• Submit abusive, defamatory, harassing, infringing, or unlawful textual prompts.

Detune reserves the right, in its sole discretion, to suspend or terminate accounts that violate these acceptable use provisions without prior notice.

5. Subscriptions, Automatic Renewal & Cancellation

Detune offers both free and paid subscription tiers. By purchasing a paid subscription, you agree to the following terms:

Payment Processing via Stripe Billing transactions are securely processed by Stripe, Inc. You authorize Detune and Stripe to store your payment method and charge the applicable periodic subscription fee (plus statutory taxes) to your designated payment method.

Automatic Periodic Renewal Paid subscriptions automatically renew at the end of each billing cycle (e.g., monthly) at the current published rate unless affirmatively cancelled by you prior to the expiration of the active billing cycle.

Cancellation Policy You may cancel your subscription at any time directly through your Account Settings. Upon cancellation, your paid entitlements remain active through the conclusion of the current prepaid billing period. No further recurring charges will occur.

No Refunds on Digital Services Because Detune delivers immediate access to computational resources, algorithmic outputs, and digital audio features upon purchase, all subscription payments are non-refundable to the maximum extent permitted by applicable law. For users residing in jurisdictions providing statutory rights of withdrawal (including the European Union), you explicitly acknowledge and agree that your 14-day statutory right of withdrawal expires once you commence using the digital Service.

6. Disclaimer of Warranties (“AS IS” & “AS AVAILABLE”)

IMPORTANT STATUTORY WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE DETUNE SERVICE, SOFTWARE, ALGORITHMS, PLAYLIST GENERATIONS, AND AUDIO PREVIEWS ARE PROVIDED ENTIRELY ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

DETUNE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, SYSTEM INTEGRATION, UNINTERRUPTED UPTIME, FREEDOM FROM BUGS, VIRUSES, OR ERRORS, OR THE ACCURACY, TIMELINESS, OR CONTINUOUS AVAILABILITY OF THIRD-PARTY AUDIO PREVIEWS AND STREAMING CATALOG METADATA.

7. Limitation of Liability

COMPREHENSIVE LIABILITY LIMITATION & DAMAGE CAP

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL DETUNE, ITS FOUNDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHATSOEVER—INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, OR SYSTEM FAILURE—ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF DETUNE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

DETUNE’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL UNDER NO CIRCUMSTANCES EXCEED THE GREATER OF: (A) FIFTY UNITED STATES DOLLARS ($50.00 USD); OR (B) THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO DETUNE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

8. User Indemnification

You agree to defend, indemnify, and hold harmless Detune, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and court costs) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property or privacy rights; or (d) any willful misconduct or negligence by you.

9. Mandatory Arbitration & Class Action Waiver

Please read this section carefully, as it significantly affects your statutory legal rights:

A. Mandatory Informal Negotiation Before initiating any legal proceeding, you and Detune agree to attempt to resolve any dispute informally for at least thirty (30) calendar days. Informal negotiation commences upon written notice sent to legal@detune.audio.

B. Binding Individual Arbitration If unresolved informally, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be settled by binding individual arbitration administered in accordance with standard commercial arbitration rules, rather than in court.

C. Class Action Waiver YOU AND DETUNE AGREE THAT ALL CLAIMS AND DISPUTES MUST BE RESOLVED ON AN INDIVIDUAL BASIS. YOU AND DETUNE EXPRESSLY WAIVE ANY RIGHT TO COMMENCE, JOIN, OR PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE PROCEEDING, PRIVATE ATTORNEY GENERAL ACTION, OR REPRESENTATIVE LITIGATION AGAINST THE OTHER PARTY.

10. Governing Law, Severability & Entire Agreement

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Detune operates, without regard to its conflict of law principles. If any provision of these Terms is found to be unlawful, void, or unenforceable by an arbitrator or court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions of these Terms shall remain in full force and effect.

These Terms, together with our Privacy Policy and Cookie Policy, constitute the complete and exclusive agreement between you and Detune regarding the Service and supersede all prior agreements or understandings.

11. Legal Notices & Contact Information

For statutory notices, licensing inquiries, DMCA notifications, or legal correspondence, contact our legal counsel:

Detune Legal Affairs & Compliance

legal@detune.audio

Response SLA: Within 30 calendar days