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 2 tracks.

Pro and Plus Tiers. The Pro and Plus subscription plans provide 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

Third-Party AI Providers

The Service relies on third-party artificial intelligence providers to generate content. Specifically, music generation is powered by MusicGPT, whose published terms of service and privacy policy govern their handling of input prompts and output audio. Noema AI does not control or independently verify the training data, models, or outputs of these providers.

Noema AI disclaims responsibility for how such third-party models were trained or developed. We are working to formalize a Data Processing Agreement (DPA) with our AI provider; until that is in place, transfers to the provider are governed by their public terms.

Prompt Processing Pipeline

Before any prompt is forwarded to our AI provider, our backend filters and sanitizes user input to enforce the prohibited-content rules described below. The original raw prompt is not retained on our servers after processing; only the filtered/cleaned prompt is transmitted to the provider for generation. See our Privacy Policy for retention details.

AI Model Training

Noema AI does not use your prompts, listening history, or generated tracks to train, fine-tune, or refine our own AI models. Whether the upstream AI provider (MusicGPT) uses input data to train or improve their models is governed by their own terms; we encourage users to review the provider's published policies. If we ever begin training on user data, we will update these Terms and provide notice and an opt-out where required by law.

Prohibited Prompting & Artist Simulation

Users may not prompt the Service to generate content that imitates, replicates, or is intended to resemble a specific artist, voice, band, or copyrighted work.

This includes, but is not limited to:

• Requests for content “in the style of” a specific artist
• Requests to replicate a known song, melody, or composition
• Attempts to recreate identifiable musical elements of existing works

Noema AI may automatically filter, modify, or reject such prompts.

No Affiliation or Endorsement

Noema AI is not affiliated with, endorsed by, or connected to any artists, record labels, publishers, or rights holders.

Any resemblance of generated content to existing works, artists, or styles is unintentional and coincidental.

Content Variability and Risk. Generated content may vary in quality, appropriateness, and accuracy. Content may unintentionally resemble existing works, styles, or artists. Noema AI does not endorse, replicate, or intentionally mimic any specific individual, artist, or copyrighted work.

Content Restrictions. Users agree not to use the Service to create or promote harmful, offensive, abusive, explicit, illegal, or infringing content. Noema AI reserves the right to filter, modify, remove, or restrict content at its sole discretion, including for legal or compliance reasons.

Commercial Use License. Under the Pro and Plus tiers, you are granted a non-exclusive, worldwide, perpetual license to use generated content for personal or commercial purposes, subject to these Terms and applicable laws. This license survives termination of your subscription with respect to tracks generated while your Pro or Plus subscription was active, and may be revoked only (i) for material breach of these Terms (including any breach of the Prohibited Prompting & Artist Simulation rules in this Section 4), (ii) where required by court order or law, or (iii) where the upstream AI provider's terms or a successful third-party rights claim requires removal of specific content. Revocation, where it occurs, applies only to the specific affected content; it does not retroactively void your license over other tracks.

User Responsibility. You are solely responsible for how you use generated content, including any commercial use, distribution, or publication. You agree to comply with all applicable laws, including copyright, intellectual property, and publicity rights. You agree not to represent generated content as being created by or associated with any specific artist, individual, or entity.

Monitoring and Enforcement

Noema AI reserves the right, but is not obligated, to monitor user inputs and generated content for compliance.

We may:

• Block or modify prompts
• Remove generated content
• Suspend or terminate accounts

No Ownership or Clearance Guarantee

Noema AI does not guarantee that generated content:

• Is free from third-party rights claims
• Is suitable for commercial distribution
• Does not infringe copyrights, trademarks, or publicity rights

Users are solely responsible for conducting any necessary rights clearance before commercial use.

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 are granted the limited rights described in these Terms to use generated content.

Noema AI retains all rights, title, and interest in and to the Service, including all software, models, algorithms, design, branding, and underlying technology.

Generated content is provided under a license and not as a sale of intellectual property. Noema AI does not guarantee that such content is eligible for copyright protection or exclusive ownership.

Nothing in these Terms grants you any rights to the underlying technology, AI systems, or proprietary assets used to generate content.

7. Copyright & DMCA Policy

We comply with the Digital Millennium Copyright Act (17 U.S.C. § 512) and other applicable copyright law. If you believe any content made available through the Service infringes upon your copyright, you may submit a notice to our Designated DMCA Agent below.

Designated DMCA Agent

Notifications of claimed copyright infringement should be sent to:

• Agent: Oniel Rosario
• Company: Noema Studio LLC
• Address: 1600 SW Dash Point Rd, STE B PMB 2015, Federal Way, WA 98023, USA
• Email: support@melodaistudio.com (subject line: "DMCA Notice")
• U.S. Copyright Office Registration Number: DMCA-1073166

The above agent is registered with the U.S. Copyright Office. Alternate names covered by the registration: Noema AI, Noema Studio LLC, melodaistudio.com, noema.ios.

Notice Requirements (DMCA Takedown)

A valid DMCA notice under 17 U.S.C. § 512(c)(3) must include:

• A physical or electronic signature of the copyright owner (or person authorized to act on their behalf);
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the allegedly infringing material and sufficient information to locate it (e.g., a track URL or in-app reference);
• Your name, address, telephone number, and email address;
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf.

We will review valid notices promptly and take appropriate action, which may include removing or disabling access to the content and notifying the user who generated it. Knowingly making material misrepresentations in a DMCA notice may subject you to liability for damages under 17 U.S.C. § 512(f).

Counter-Notification

If you believe your content was removed or disabled by mistake or misidentification, you may submit a counter-notification to the Designated DMCA Agent above. The counter-notification must include the elements required by 17 U.S.C. § 512(g)(3), including your contact information, identification of the removed content, a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification, and consent to the jurisdiction of the federal district court for your address (or, if outside the U.S., the Western District of Washington).

Repeat Infringer Policy

Noema AI maintains a policy, consistent with 17 U.S.C. § 512(i), of terminating in appropriate circumstances the accounts of users who are determined to be repeat infringers of intellectual property rights.

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.

30-Day Right to Opt Out of Arbitration

You may opt out of this arbitration agreement by sending written notice of your decision to opt out to support@melodaistudio.com with the subject line "Arbitration Opt-Out" within thirty (30) days of first accepting these Terms (or, for existing users, within thirty (30) days of the "Last updated" date above for users who first accepted earlier versions). The notice must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms, and you will retain access to the Service on the same basis as other users. If you do not opt out within the 30-day window, you will be bound by the arbitration provisions above.

12. Your California Privacy Rights (CCPA / CPRA)

If you are a California resident, the California Consumer Privacy Act, as amended by the California Privacy Rights Act ("CCPA"), provides you with the following rights regarding personal information we collect about you:

• Right to Know. You may request that we disclose the categories and specific pieces of personal information we have collected about you, the categories of sources, the business or commercial purpose for collecting it, and the categories of third parties with whom we share it.
• Right to Delete. You may request that we delete personal information we have collected from you, subject to certain exceptions (e.g., where we must retain records to comply with a legal obligation or complete a transaction).
• Right to Correct. You may request that we correct inaccurate personal information we maintain about you.
• Right to Opt Out of Sale or Sharing. We do not sell your personal information, and we do not share it for cross-context behavioral advertising. Because we do not sell or share personal information as those terms are defined under the CCPA, no opt-out is required; however, you may confirm this status by contacting us.
• Right to Limit Use of Sensitive Personal Information. We do not use sensitive personal information for any purpose beyond what is necessary to provide the Service.
• Right to Non-Discrimination. We will not discriminate against you for exercising any of these rights (e.g., by denying service, charging different prices, or providing a different level or quality of service).

To exercise any of these rights, email support@melodaistudio.com with the subject line "CCPA Request" and the type of request. We will verify your identity using the email address associated with your account and respond within 45 days (extendable once by 45 days where reasonably necessary, with notice). You may also designate an authorized agent to submit a request on your behalf, subject to verification.

13. Your EU / UK Privacy Rights (GDPR)

If you are in the European Economic Area, United Kingdom, or Switzerland, the General Data Protection Regulation ("GDPR") and the UK GDPR give you the following rights regarding personal data we process about you:

• Right of Access (Art. 15) — to obtain confirmation of whether we process your data and a copy of that data.
• Right to Rectification (Art. 16) — to have inaccurate or incomplete data corrected.
• Right to Erasure / "Right to be Forgotten" (Art. 17) — to have your data deleted in certain circumstances.
• Right to Restriction of Processing (Art. 18).
• Right to Data Portability (Art. 20) — to receive your data in a structured, commonly used, machine-readable format.
• Right to Object (Art. 21) — including objection to processing based on our legitimate interests.
• Right to Withdraw Consent (Art. 7(3)) — where processing is based on your consent, you may withdraw it at any time without affecting the lawfulness of prior processing.
• Right to Lodge a Complaint with your local supervisory authority (Art. 77).

The legal bases on which we process your personal data, along with retention periods and named sub-processors, are described in our Privacy Policy. To exercise any of these rights, email support@melodaistudio.com with the subject line "GDPR Request". We will respond within one month of receipt (extendable by two further months where the request is complex, with notice).

EU Representative / Data Protection Officer. Noema Studio LLC is established in the United States and does not actively market the Service in the EU/UK. We have not appointed an EU Representative under Art. 27 GDPR or a Data Protection Officer under Art. 37 GDPR because, based on our current processing activities, we do not meet the thresholds requiring either appointment. We monitor this position and will update these Terms and the Privacy Policy if our activities change.

14. Sub-Processors & Data Processing Agreements

To operate the Service, we rely on a limited number of third-party providers ("sub-processors") that may process limited personal data on our behalf. A current, named list of sub-processors — including Apple, RevenueCat, Vercel, Neon (Postgres database), MusicGPT, Datadog (performance and crash monitoring), and Apple Push Notification service — is maintained in our Privacy Policy, together with links to each provider's published policies and the relevant transfer safeguards.

For users in the EU, UK, or Switzerland, transfers of personal data to sub-processors located in the United States or other third countries are made under the European Commission's Standard Contractual Clauses (and the UK Addendum, where applicable), the provider's adherence to the EU-U.S. Data Privacy Framework, or another lawful transfer mechanism, where the sub-processor offers such a mechanism. Where a sub-processor does not yet offer a formal Data Processing Agreement (DPA) — including our current relationship with MusicGPT, which operates under publicly published terms — we will disclose that fact transparently and work to formalize one. We will provide additional information about safeguards on request to support@melodaistudio.com.

Limitation regarding upstream AI provider failures. The Service depends on third-party AI infrastructure that we do not own or operate. To the maximum extent permitted by applicable law, Noema AI is not liable for outages, content variation, policy changes, deprecations, or other actions of upstream AI providers (including MusicGPT) that are outside our reasonable control. This does not limit any right you have under mandatory consumer protection law.

15. Age Verification

You must be at least 13 years old (or 16 if you reside in a jurisdiction that sets a higher age of digital consent, including certain EU/EEA Member States) to use the Service. We rely on the following age controls:

• Self-certification. By accepting these Terms and using the Service, you represent that you meet the applicable minimum age.
• App Store age rating. The Noema AI iOS app is published with an age rating, and parental controls available through Apple's Family Sharing and Screen Time can prevent download or in-app purchases by minors.
• Subscriptions. Paid subscriptions are processed through Apple's in-app purchase system, which enforces Apple's own age and parental-consent controls.

We do not knowingly collect personal information from children under 13 (or under the applicable higher age). If we learn that we have collected personal information from a child below the applicable age without verified parental consent, we will delete it promptly. Parents or guardians who believe their child has provided personal information to us should contact support@melodaistudio.com.

16. Force Majeure

Noema AI will not be liable for any delay, interruption, or failure to perform any obligation under these Terms where the delay, interruption, or failure results from causes beyond our reasonable control, including but not limited to: acts of God; natural disasters (earthquakes, floods, fires, storms); pandemics or public-health emergencies; war, terrorism, civil unrest, or government action; failures or disruptions of internet backbone, cloud infrastructure, or telecommunications networks; cyberattacks (including denial-of-service attacks and unauthorized intrusions); outages, deprecations, or policy changes by upstream service providers (including Apple, Vercel, Neon, MusicGPT, Datadog, and RevenueCat); and any law, regulation, or order of any governmental authority. We will use reasonable efforts to restore the Service as soon as practicable.

17. 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. For material changes that adversely affect your rights, we will use reasonable efforts to provide additional notice (for example, an in-app message or email to the address associated with your account) before the changes take effect.

Continued use of the Service after the effective date of an update means you accept the updated Terms. If you do not agree to a material update, you must stop using the Service before the effective date.