Terms of Use (Terms of Service)

These Terms of Use (“Terms”) govern your use of the Noema AI mobile application and related services (the “Service”) operated by Noema AI / Noema (“we,” “our,” or “us”).

By using the Service, you agree to these Terms.

1. Use of the Service

Noema AI is an AI-powered music generation application that creates original audio based on user input or selected moods.

You agree to use the Service only for lawful purposes and in accordance with these Terms.

You may not:

• Use the app for illegal activities
• Attempt to reverse engineer or disrupt the Service
• Abuse or overload the system
• Generate content intended to harass, harm, or violate the rights of others

2. Accounts and Eligibility

To use the Service, you must be at least 13 years of age (or older, as required by the laws of your jurisdiction, such as 16+ in some regions under GDPR or CCPA). If you are under the required age, you may not use the Service.

You may be required to create an account to use certain features.

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account

Termination Rights: We may terminate or suspend your access to the Service at our sole discretion, at any time, without notice and without liability, if we believe you have violated these Terms or for any other reason.

3. Subscriptions and Billing

Some features of the Service require a paid subscription or account creation.

Free Tier Limitations. Free accounts may include a limited number of generation credits and a library preview limited to up to 3 tracks.

Pro Tier. Pro provides expanded access to features such as up to 20 generations per day and full library access.

Subscriptions are billed through Apple’s in-app purchase system.

Subscriptions renew automatically unless canceled.

Payment will be charged to your Apple ID account at confirmation of purchase.

You can manage or cancel your subscription in your Apple account settings.

Refunds: Since payments are processed entirely through Apple’s in-app purchase system, we do not have the ability to issue refunds. All refunds are handled by Apple according to their policies. We do not store your payment information.

4. AI-Generated Content & Usage Rights

Noema AI generates music using artificial intelligence based on user input or selected states. Generated tracks are created automatically by AI systems and are not manually reviewed.

Commercial Use License: Under the Pro tier, you are granted a non-exclusive, worldwide right to use the generated music for personal or commercial purposes. However, you are solely responsible for ensuring your use complies with applicable laws, including copyright laws.

Disclaimer: AI systems can generate content that resembles existing works. We do not guarantee originality, uniqueness, or non-infringement. Noema AI makes no representations regarding your ability to copyright or otherwise protect the generated content and is not liable for any claims arising from your use of the generated content.

5. Service Availability

We may modify, suspend, or discontinue any part of the Service at any time.

We do not guarantee:

• Continuous availability
• Error-free performance
• Uninterrupted service

6. Intellectual Property Ownership

As between you and Noema AI, you retain the rights granted to you regarding the generated content, subject to these Terms. All software, branding, design, logos, and platform code remain the exclusive property of Noema AI and its operators. You are granted no rights in the underlying technology or platform other than the right to use the Service as described.

7. Copyright & DMCA Policy

We comply with applicable copyright law. If you believe any content generated through the Service infringes upon your copyright, please contact us immediately at support@melodaistudio.com with the following details:

• A description of the copyrighted work that you claim has been infringed;
• A description of where the allegedly infringing material is located;
• Your contact information;
• A statement that you have a good faith belief that the use is not authorized.

We will review your claim and take appropriate action, which may include removing the content.

8. Indemnification

You agree to indemnify, defend, and hold harmless Noema AI, its operators, employees, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from: (a) your use of and access to the Service; (b) your violation of these Terms; or (c) your violation of any third-party right, including any copyright, intellectual property, or privacy right.

9. Limitation of Liability

To the maximum extent permitted by law, Noema AI and its operators shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of data, use, goodwill, or other intangible losses
• Loss of profits or revenue
• Any claims related to your use of AI-generated content

Your use of the Service is entirely at your own risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions.

11. Dispute Resolution & Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify. You and Noema AI agree to waive any right to a jury trial or to participate in a class action.

12. Changes to These Terms

We may update these Terms from time to time.

If we make changes, we will update the “Last updated” date at the top of this page.

Continued use of the Service means you accept the updated Terms.