Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and [OPERATOR FULL LEGAL NAME], a sole proprietor (Osek) registered in Israel under number [OSEK NUMBER], of [CITY], Israel, trading as MixSongs (“MixSongs”, “we”, “us”). They govern your access to and use of mixsongs.app, app.mixsongs.app and all related software and services (together, the “Service”).

Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle provides all customer service inquiries and handles returns.

By using the Service, you agree to these Terms, our Acceptable Use Policy, our Copyright & DMCA Policy and our Refund Policy, all of which form part of these Terms. Our Privacy Policy explains how we handle personal data. If you do not agree, do not use the Service. Continued use after you are notified of a change means you accept the updated Terms. When you create an account or make a purchase, we ask you to accept the current version explicitly, and we record that acceptance.

1. Who may use the Service

1.1. You may use the free features of the Service if you are at least 16 years old, or the age of digital consent in your country if higher.

1.2. To create an account or make a purchase you must be at least 18 years old and able to form a binding contract. By creating an account you confirm that you are.

1.3. If you use the Service on behalf of an organization, you confirm that you are authorized to bind it to these Terms, and “you” includes that organization.

2. The Service

2.1. Free features. The mixer, editor and export features run locally in your web browser. Your audio files are decoded, edited and exported on your own device and are not uploaded to us to provide these features.

2.2. AI stem separation (paid). If you choose it, the audio file you select is transmitted to our processing providers, separated by machine-learning models into stems (currently vocals, drums, bass and music), returned to your browser, and then deleted as described in section 5 and the Privacy Policy. This feature requires an account and credits.

2.3. Changes. We may add, change, limit or remove features, file-size and duration limits, rate limits, supported formats and models at any time. Where a change materially reduces a paid feature you have already paid for and not yet used, section 8.7 applies.

2.4. Beta and new features may be marked as such and may be less reliable.

3. Accounts

3.1. You sign in with a third-party identity provider (currently Google). You are responsible for keeping that account secure and for all activity under your MixSongs account.

3.2. One person, one account. You may not share, sell or transfer your account or create multiple accounts to circumvent limits, prices or a suspension.

3.3. Notify us at [email protected] of any unauthorized use.

3.4. You can delete your account at any time from the account menu in the app. Deletion is permanent, and remaining credits are forfeited, except as section 8.7 or mandatory law requires.

4. Your content and your responsibilities

4.1. Ownership. You keep all rights you have in the audio you load into the Service (“Your Content”) and in the mixes and stems you create from it (“Outputs”), to the extent you have those rights.

4.2. Your warranty. You represent and warrant that, for all Your Content: (a) you own it or have all the licenses, permissions and consents necessary to use it, and to have it processed by the Service, in the way you use it; (b) your use of the Service and of any Outputs does not and will not infringe or misappropriate any copyright, neighbouring right, trademark, privacy, publicity or other right of any person, or violate any law or contract; and (c) you will not circumvent any technological protection measure (such as DRM) to obtain Your Content.

4.3. Sole responsibility. You are solely responsible for Your Content, for Outputs and for what you do with them, including any reproduction, performance, distribution, publication or monetization. Processing a recording with the Service does not grant you any right in that recording or the underlying musical work. Mixing or separating a song for private use and publishing the result are legally different things. Obtaining any permission required for the latter is your responsibility.

4.4. Limited license to us. Only for AI stem separation, you grant us and our processing providers a worldwide, non-exclusive, royalty-free, temporary license to store, copy, transmit and process Your Content solely as necessary to perform the separation you requested and return the Outputs to you. This license ends when the data is deleted. We do not use Your Content or Outputs to train machine-learning models, and we do not publish, share, sell or listen to them.

4.5. No monitoring; our rights. We do not review Your Content and have no obligation to do so. We may refuse to process, or delete, any content, and suspend any account, if we reasonably believe it infringes rights, violates these Terms or the law, or exposes us or others to risk.

4.6. Neutral tool. The Service is a general-purpose audio tool. We do not supply, host, index, publish or distribute music, and we do not select, endorse or control the content users process. Any use of the Service to infringe rights is prohibited, and it is your act alone.

5. Ephemeral processing, local storage and data loss

5.1. Audio uploaded for AI separation is deleted from our providers’ storage as soon as your browser has downloaded the stems, and in any case within approximately one hour. We do not keep backups of Your Content or Outputs. Download what you need promptly.

5.2. Projects are autosaved only in your browser’s local storage on your device. Autosave is provided on a best-effort basis. Browsers, operating systems, storage settings, private browsing or clearing site data can delete it without warning. We do not have access to, and cannot recover, your local projects. You are responsible for exporting and backing up your work.

6. AI output

6.1. Stem separation is produced automatically by machine-learning models. Outputs may contain artefacts, bleed between stems, missing or misattributed sounds, or other imperfections, and quality varies with the source. We do not guarantee that an Output will be complete, accurate, suitable for any purpose (including commercial release, broadcast or performance) or of any particular audio quality.

6.2. You are responsible for reviewing Outputs before relying on them.

7. Acceptable use

You must follow the Acceptable Use Policy. In particular, you must not: (a) use the Service to infringe intellectual-property or other rights; (b) reverse engineer, decompile or attempt to extract the source code, models or weights of the Service’s server-side components, except to the extent applicable law expressly permits it despite this restriction; (c) access the Service by automated means, scrape it, or use it to build a competing service; (d) resell, sublicense or provide the Service, its credits or its Outputs as a service to third parties; (e) interfere with, overload, probe or circumvent the Service’s security, credit system, rate limits or usage limits; or (f) use the Service unlawfully or fraudulently.

8. Credits, prices and payment

8.1. Merchant of Record. Purchases are processed by Paddle.com Market Limited and its affiliates (“Paddle”) as Merchant of Record. Paddle’s Buyer Terms govern the payment transaction. Paddle calculates and collects applicable taxes, issues your receipt and handles payment-related customer service and returns. We never receive your full card details.

8.2. Credits. AI separation is paid for with credits sold in packs. One credit allows one separation of one audio file within the then-current limits (currently up to 10 minutes and 60 MB). The number of credits in a pack and its price are shown before purchase.

8.3. Nature of credits. Credits are a prepaid license to use a digital service. They have no cash value, are not legal tender or e-money, are not transferable between accounts and cannot be exchanged for money except as the Refund Policy or mandatory law provides.

8.4. Delivery and withdrawal. Credits are added to your account immediately after Paddle confirms payment. If you are a consumer with a statutory right of withdrawal, you agree, when you buy, that performance begins immediately, and you acknowledge that you lose that right for the part of the service performed once you use a credit, to the extent applicable law permits.

8.5. Failed separations. If a separation fails for a technical reason, the credit spent is returned to your balance automatically. Together with the Refund Policy, this is your remedy for a failed separation.

8.6. Refunds. Refunds are handled as described in the Refund Policy. If a payment is refunded, reversed or charged back, the credits it bought are removed from your balance, which may become negative. We may suspend AI features until the balance is restored, and we may suspend accounts involved in fraudulent chargebacks.

8.7. No expiry; discontinuation. Credits do not expire while the Service operates and your account exists. If we permanently discontinue AI separation or the Service for reasons other than your breach of these Terms, we will give at least 30 days’ notice where possible, and will refund, through Paddle, the pro-rata price of credits that remain unused at the end of that period.

8.8. Price changes apply only to future purchases.

9. Our intellectual property and open-source software

9.1. The Service, including its software, design, text, graphics, logos and the MixSongs name, is owned by us or our licensors and is protected by law. Except for the limited right to use the Service under these Terms, no rights are granted to you.

9.2. The Service includes open-source components, among them Demucs (MIT), Mel-Band RoFormer weights and code (MIT) and the LAME MP3 encoder (LGPL), which are licensed to you under their own licences. Nothing in these Terms limits your rights under those licences.

9.3. If you send us feedback or suggestions, you allow us to use them without restriction or compensation.

10. Third-party services

The Service relies on third parties, including Cloudflare (hosting and security), Modal Labs (GPU processing), Google (sign-in) and Paddle (payments). Their services are subject to their own terms. We are not responsible for third-party services or websites that we do not control.

11. Availability, suspension and termination

11.1. We aim to keep the Service available but do not promise any uptime, response time or continued availability. The Service may be interrupted for maintenance, failures or reasons beyond our control.

11.2. We may suspend or terminate your access to all or part of the Service, with or without notice, if we reasonably believe you breached these Terms, if required by law, to prevent fraud, abuse or security risks, or if you do not pay. Where reasonable, we will tell you why.

11.3. You may stop using the Service at any time. Sections 4.2–4.3, 4.6, 5, 6, 9, 12–17 and any accrued payment obligations survive termination.

12. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AUDIO QUALITY, OR THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT DATA (INCLUDING LOCAL PROJECTS) WILL NOT BE LOST. Some jurisdictions do not allow certain disclaimers. In that case they apply only to the extent permitted, and your statutory consumer rights are not affected.

13. Limitation of liability

13.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE (AND OUR SUPPLIERS AND SERVICE PROVIDERS) WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITY, DATA, CONTENT OR WORK (INCLUDING LOST PROJECTS OR AUDIO), OR COSTS OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF WE WERE ADVISED OF THEIR POSSIBILITY.

13.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) US$10.

13.3. Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, such as liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or, where the law so provides, for gross negligence or wilful misconduct, or your statutory rights as a consumer.

14. Indemnity

To the extent permitted by law, you will defend, indemnify and hold harmless MixSongs, its operator and its service providers from and against all claims, demands, losses, damages, liabilities, fines, costs and expenses (including reasonable legal fees) arising out of or related to: (a) Your Content or Outputs, or your use or distribution of them; (b) any claim that Your Content, Outputs or your use of the Service infringes or violates any third party’s rights; (c) your breach of these Terms or of any law; or (d) your misuse of the Service. We may take over the defence of any such claim at your cost, and you will cooperate with us.

15. Governing law and disputes

15.1. Informal resolution first. Before starting any proceeding, contact us at [email protected] with a description of the dispute. We will both try in good faith to resolve it within 30 days.

15.2. Governing law. These Terms and any dispute arising out of or related to them or the Service are governed by the laws of the State of Israel, without regard to conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods does not apply.

15.3. Courts. Subject to sections 15.4 and 15.5, the competent courts of Tel Aviv-Jaffa, Israel have exclusive jurisdiction, and you and we consent to their jurisdiction.

15.4. Consumers. If you are a consumer residing in the European Union, the United Kingdom or another country whose law gives you that right, you keep the protection of the mandatory provisions of the law of your country of residence and may bring proceedings in the courts of your country of residence. Nothing in this section limits your right to use a small-claims procedure available to you.

15.5. Business users: arbitration. If you use the Service as a business (not as a consumer), any dispute will be finally resolved by a single arbitrator in Tel Aviv, Israel, under the Israeli Arbitration Law, 5728-1968, in English, and judgment on the award may be entered in any competent court.

15.6. Individual claims. To the extent permitted by applicable law, disputes will be resolved only on an individual basis, and you waive any right to bring or participate in a class, collective or representative action against us. If this waiver is unenforceable for a particular claim, that claim will proceed in the courts set out in section 15.3 or 15.4, and not in arbitration.

15.7. Time limit. To the extent permitted by law, any claim must be brought within one (1) year after it arose, after which it is permanently barred.

16. Changes to these Terms

We may update these Terms. The version date at the top of this page shows when they last changed, and earlier versions are available on request. For material changes we will give reasonable notice through the Service, and signed-in users will be asked to accept the new version before continuing to use their account. Changes do not apply retroactively to disputes that arose before the change.

17. General

17.1. Entire agreement. These Terms, together with the policies they incorporate, are the entire agreement between you and us about the Service.

17.2. Severability. If any provision is held invalid or unenforceable, it will be limited to the minimum extent necessary, and the rest remains in full effect.

17.3. No waiver. Not enforcing a provision is not a waiver of it.

17.4. Assignment. You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, sale of assets or by operation of law, or to an affiliate.

17.5. Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including failures of third-party providers, networks or power, war, hostilities, terrorism, civil unrest, natural disasters, epidemics or acts of government.

17.6. Language. These Terms are written in English. Translations are provided for convenience only; if there is any conflict, the English version controls.

17.7. Notices. We may send notices to the email address of your account or display them in the Service. You may send notices to [email protected].

17.8. Relationship. Nothing in these Terms creates a partnership, employment, agency or joint venture.

18. Contact

[OPERATOR FULL LEGAL NAME] (MixSongs), [CITY], Israel · Email: [email protected] · Copyright notices: [email protected] · Privacy: [email protected]