Terms of Service

Effective date: [EFFECTIVE_DATE]

Last updated: [EFFECTIVE_DATE]

1. Operator and Scope

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you”) and [LEGAL_ENTITY_NAME], [LEGAL_FORM], having its registered address at [POSTAL_ADDRESS], [COUNTRY] (“Stemify,” “we,” “us”), governing your access to and use of the Stemify website at stemify.space and all related services (collectively, the “Service”).

By creating an account or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

2. Service Description

Stemify is a software-as-a-service (SaaS) platform that provides AI-powered audio stem separation. Users upload audio files, select which stems to extract (e.g., vocals, drums, bass, other), and receive the separated audio files for download.

The Service uses machine-learning models to perform stem separation. Results are generated automatically and may vary in quality depending on the source material, audio format, recording complexity, and other factors. Stemify does not guarantee any particular level of quality, accuracy, or completeness of the separated stems.

3. Eligibility and Account

3.1. You must be at least 16 years old to create an account and use the Service.

3.2. You must provide accurate and complete information during registration. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3. You must notify us immediately at [CONTACT_EMAIL] if you become aware of any unauthorized use of your account.

4. Free Trial and Subscription

4.1. Free trial. New users may process one (1) audio file at no charge. After the free trial, a paid subscription is required to continue using the Service.

4.2. Subscription plan. The Service is offered as a yearly subscription at the price displayed on the pricing page at the time of purchase (currently 9 CHF per year). The price is stated in Swiss Francs (CHF).

4.3. Payment. Payments are processed by PayPal. Stemify does not directly collect, store, or process your payment card information. By subscribing, you also agree to PayPal’s applicable terms and policies.

4.4. Automatic renewal. Your subscription automatically renews for successive one-year periods at the then-current price unless you cancel before the end of the current billing period. We will not increase the renewal price without prior notice.

4.5. Cancellation. You may cancel your subscription at any time from your account Settings page. Upon cancellation, your subscription remains active until the end of the current billing period. You will not be charged for the following period. No pro-rata refund is provided for the remaining portion of the current period.

5. Refunds

5.1. Due to the digital nature of the Service and the immediate availability of the service upon subscription activation, refunds are generally not provided for used subscription periods.

5.2. If you experience a material technical defect that prevents you from using the Service and we are unable to resolve it within a reasonable time, you may request a refund by contacting [CONTACT_EMAIL]. Refund requests are evaluated on a case-by-case basis.

5.3. EU consumers: If you are a consumer resident in the European Union or European Economic Area, you acknowledge that by subscribing and using the Service, you request immediate performance of the Service. You expressly acknowledge that you lose your right of withdrawal under Directive 2011/83/EU once the Service has been fully performed or, in the case of digital content supply, once download or streaming has begun with your prior express consent. Notwithstanding the foregoing, mandatory consumer protection rights under applicable national law remain unaffected.

5.4. Nothing in this section limits your statutory consumer rights under Swiss or applicable EU law.

6. User Content and Intellectual Property

6.1. Your content. You retain all ownership rights in the audio files you upload to the Service (“User Content”). Stemify does not claim any ownership over your User Content.

6.2. Limited license. By uploading User Content, you grant Stemify a limited, non-exclusive, non-transferable, revocable license to process, transform, temporarily store, and transmit your User Content solely for the purpose of providing the Service to you. This license terminates upon deletion of the relevant files.

6.3. Your warranties. You represent and warrant that:

  • you own or have obtained all necessary rights, licenses, and permissions to upload and process the User Content through the Service;
  • the User Content does not infringe upon or violate any third-party intellectual property rights, including copyright, neighboring rights, or any other proprietary rights;
  • you have the legal authority to grant the limited license described in Section 6.2.

6.4. No training. We do not use your User Content to train, fine-tune, or improve AI or machine-learning models. Your audio files are processed solely to deliver the stem separation results you request.

6.5. Stemify IP. The Service, including its software, algorithms, interface design, branding, documentation, and all related intellectual property, is owned by or licensed to Stemify and is protected by applicable intellectual property laws. These Terms do not grant you any rights in the Service beyond the limited right to use it as described herein.

7. Acceptable Use

You agree not to:

  • upload content that you do not have the right to process or that infringes any third-party rights;
  • upload content that is unlawful, harmful, threatening, defamatory, obscene, or otherwise objectionable;
  • use the Service for any purpose that violates applicable law or regulation;
  • attempt to circumvent usage limits, access restrictions, or security measures;
  • reverse-engineer, decompile, disassemble, or attempt to derive the source code of any part of the Service;
  • use automated tools (bots, scrapers, crawlers) to access the Service without prior written authorization;
  • resell, sublicense, or commercially redistribute access to the Service or its output;
  • interfere with or disrupt the integrity, security, or performance of the Service.

8. File Storage and Deletion

8.1. Uploaded audio files and processed stem files are stored temporarily to allow you to download your results. All uploaded and processed files are automatically and permanently deleted after 24 hours from the time of upload.

8.2. Stemify does not maintain backups of User Content after deletion. You are solely responsible for downloading your results within the 24-hour retention window.

8.3. We reserve the right to delete files earlier than 24 hours in the event of a Terms violation, system emergency, or at our reasonable discretion.

9. Service Availability

9.1. Stemify strives to maintain continuous availability of the Service but does not guarantee uninterrupted, error-free, or secure access. The Service may be subject to interruptions due to maintenance, updates, server issues, third-party service outages, or force majeure events.

9.2. We do not provide any service-level agreement (SLA), uptime guarantee, or compensation for downtime.

9.3. Processing times depend on file length, server load, and other factors. Estimated processing times provided on the website are indicative and not guaranteed.

10. Limitation of Liability

10.1. To the maximum extent permitted by applicable law, Stemify and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, revenue, goodwill, or business opportunities, arising out of or related to your use of or inability to use the Service.

10.2. In no event shall Stemify’s total aggregate liability to you for all claims arising out of or related to these Terms or the Service exceed the amount paid by you to Stemify during the twelve (12) months preceding the event giving rise to the claim.

10.3. Stemify is not liable for:

  • the quality, accuracy, or completeness of stem separation results;
  • any loss or corruption of uploaded files;
  • any consequences arising from your uploading of content that infringes third-party rights;
  • any actions taken by third-party services (PayPal, hosting providers);
  • service interruptions beyond Stemify’s reasonable control.

10.4. Mandatory liability. Nothing in these Terms excludes or limits Stemify’s liability for (a) death or personal injury caused by negligence, (b) fraud or fraudulent misrepresentation, or (c) any other liability that cannot be excluded or limited under applicable mandatory law, including Swiss Code of Obligations art. 100.

11. Indemnification

You agree to indemnify, defend, and hold harmless Stemify and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your User Content, including any claim that your User Content infringes the intellectual property rights of a third party; (c) your violation of these Terms; or (d) your violation of any applicable law or regulation.

12. Suspension and Termination

12.1. By you. You may delete your account at any time from your account Settings page. Upon deletion, your account data is permanently removed in accordance with our Privacy Policy. Active subscriptions should be cancelled before account deletion; no refund is provided for unused subscription time upon voluntary account deletion.

12.2. By Stemify. We may suspend or terminate your account at any time, with or without notice, if we reasonably believe that you have violated these Terms, engaged in fraudulent or abusive behavior, or uploaded content that infringes third-party rights. In the case of termination for cause, no refund is owed.

12.3. Effect of termination. Upon termination, your right to access the Service ceases immediately. Sections 6, 10, 11, 14, and 15 survive termination.

13. Changes to the Service and Terms

13.1. Service changes. Stemify may modify, update, or discontinue features of the Service at any time. We will provide reasonable notice for material changes that adversely affect your use of the Service.

13.2. Terms changes. We may revise these Terms at any time by posting an updated version on the website with a new “Last updated” date. For material changes, we will notify you by email or through a prominent notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree with the revised Terms, you must stop using the Service and may cancel your subscription.

14. Governing Law and Jurisdiction

14.1. These Terms are governed by and construed in accordance with the substantive laws of Switzerland, without regard to its conflict-of-law provisions. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded.

14.2. Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts of Zurich, Switzerland.

14.3. EU consumer protection. If you are a consumer habitually resident in the European Union or European Economic Area, nothing in this section deprives you of the protection afforded by mandatory provisions of the law of your country of habitual residence, nor does it prevent you from bringing proceedings in the courts of that country, in accordance with Regulation (EU) No. 1215/2012 (Brussels I Recast).

15. General Provisions

15.1. Entire agreement. These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Stemify regarding the Service.

15.2. Severability. If any provision of these Terms is found to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

15.3. No waiver. Stemify’s failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

15.4. Assignment. You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Stemify may assign these Terms in connection with a merger, acquisition, or sale of assets.

15.5. Force majeure. Stemify shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power failures, internet disruptions, or third-party service outages.

16. Contact

For any questions regarding these Terms, please contact us at:

[LEGAL_ENTITY_NAME]
[POSTAL_ADDRESS]
Email: [CONTACT_EMAIL]