1. Acceptance and changes
You must accept these Terms to use the Services. We may update them from time to time; material changes will be announced at least 30 days before they take effect. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.
2. Eligibility and accounts
You must be at least 16 years old and have the legal capacity to enter into a contract. When registering on behalf of an organization, you represent that you are authorized to bind that organization. You are responsible for keeping your credentials confidential and for all activity that occurs under your account or OAuth clients. Notify us immediately at security@musimap.com of any suspected unauthorized access.
3. Use of the Services
When using the Services you agree to:
- respect the rate limits, quotas and fair-use rules published in the documentation;
- not attempt to reverse-engineer, decompile, or bypass technical protections of the Services;
- not probe, scan or test the vulnerability of our systems without prior written authorization;
- not use the Services for any illegal, infringing, deceptive, defamatory or harmful purpose;
- not submit content that you do not have the legal right to process;
- not use the Services to build a product that is substantially similar to, or competes directly with, MusiMap’s offerings.
4. Your content
You retain ownership of the audio files, identifiers and other content you submit to the Services (“Customer Content”). You grant MusiMap a limited, worldwide, non-exclusive licence to host, process, transmit and display Customer Content solely for the purpose of providing the Services to you.
You are solely responsible for obtaining and maintaining any rights, licences, and consents required to submit your Customer Content for processing. MusiMap is not a music-rights clearance service.
5. Intellectual property
The APIs, SDKs, documentation, machine-learning models, datasets, branding and all associated intellectual property rights are owned by Tetra Holdings Australia Pty Ltd or its licensors. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services for their intended purpose.
MUSIMAP is a registered trademark of Tetra Holdings Australia Pty Ltd (Australian Trade Mark No. 2556899, classes 9, 35, 36, 38, 41, 42 and 45). The MusiMap name and logo may not be used without our prior written consent, except as permitted by applicable law or by our Brand Guidelines, which are available on request.
6. Fees and billing
A free tier is offered with fixed usage quotas. Paid plans are billed either per subscription period or per usage unit as described on the Pricing page. All fees are stated exclusive of applicable taxes (GST, VAT, withholding taxes, etc.), which you are responsible for. Invoices are payable within 15 days. Overdue accounts may be suspended or terminated after notice. Except where required by law, fees already paid are non-refundable.
7. Availability and support
We strive to keep the Services highly available, but they are provided “as is” and “as available”. Service level objectives are published on the Status page and may be enhanced in individual enterprise agreements. We may, at any time and without notice, modify, update, suspend, or discontinue parts of the Services, provided we do so in a reasonable manner.
8. Termination
You may terminate your account at any time from the Developer Portal. We may suspend or terminate your access if you materially breach these Terms, if your use poses a security risk, or if we are required to do so by law. Upon termination, your access to the Services ends immediately; Customer Content is deleted in accordance with our Privacy Policy and data retention rules, except where retention is required by law.
9. Disclaimers and limitation of liability
The Services, including the output of machine-learning models, are provided without warranty of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, or non-infringement. You are responsible for evaluating whether the output is suitable for your specific use case.
To the maximum extent permitted by applicable law, MusiMap shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or other intangible losses. Our aggregate liability arising out of or relating to these Terms shall not exceed the total fees you paid to MusiMap during the twelve (12) months preceding the event giving rise to the claim.
10. Indemnification
You agree to indemnify, defend, and hold harmless MusiMap and its affiliates from any third-party claim, liability or expense arising from (i) your Customer Content, (ii) your breach of these Terms, or (iii) your misuse of the Services.
11. Governing law and jurisdiction
These Terms are governed by the laws of New South Wales, Australia, without regard to conflict-of-laws principles. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of New South Wales, Australia, unless a mandatory rule of consumer protection (including, where applicable, the Australian Consumer Law or analogous rules in your jurisdiction) provides otherwise. Nothing in these Terms excludes, restricts or modifies any consumer guarantees that cannot be excluded under the Australian Consumer Law.
12. Miscellaneous
If any provision of these Terms is held to be unenforceable, the remaining provisions remain in full force. Our failure to enforce a provision does not constitute a waiver of our right to enforce it later. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, sale of assets, or by operation of law. These Terms, together with the Privacy Policy and any order form or enterprise agreement, constitute the entire agreement between you and MusiMap regarding the Services.
13. Contact
Questions about these Terms?
Postal address: Tetra Holdings Australia Pty Ltd — registered office address available on request.