iOS End User License Agreement

This End User License Agreement (the “EULA”) covers the SendTunes iOS app distributed through the Apple App Store. If you use the web version of SendTunes instead, see our Web Terms of Service. If you do both, both agreements apply — one to the iOS app and one to the website.

1. The parties

This EULA is between you and Tuvo Labs Limited Co (“Tuvo Labs,” “we,” “us,” or “our”), an Arizona limited liability company located at 2345 East Thomas Road, Ste 100 PMB 118, Phoenix, Arizona 85016, United States. Apple Inc. (“Apple”) is not a party to this EULA and is not responsible for the SendTunes app or its content; see the Apple-specific section near the end of this page.

You can reach our support team at support@sendtunes.app.

By downloading, installing, or using the SendTunes iOS app, you accept this EULA. If you do not accept it, delete the app and stop using the service.

2. License grant

Subject to your compliance with this EULA, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use one copy of the SendTunes app on any Apple-branded device that you own or control, and as permitted by the Apple Media Services Terms. The license is to use the software in object-code form only; we do not give you the source code.

You may not, except where applicable law allows:

• Copy, modify, distribute, sell, or lease any part of the app.
• Reverse engineer, decompile, or attempt to extract the source code of the app or the AI models it uses.
• Use the app in any way that violates this EULA, Apple's usage rules, or applicable law.

3. Eligibility

You must be at least 13 years old, and at least the age of digital consent in your country, to use SendTunes. Users between 13 and 18 (or the local age of majority) need a parent or legal guardian's permission. Apple may list SendTunes with a 9+ age rating in many countries or regions; that rating describes content suitability and does not change the consent, Apple ID, payment, or parental-permission requirements that may apply to you.

4. What the app does

SendTunes turns short prompts into AI-generated music. You provide lyrics, a genre, an optional mood, and an optional vocal preference; we send that prompt to a third-party AI provider and return an audio file (the “Output”). Output is produced by a probabilistic machine learning model, so two identical prompts can produce different results, and we do not guarantee that any Output will be unique or that it will be free of resemblance to existing music.

5. Subscriptions, credits, and payment

SendTunes offers two purchase routes. Depending on the offer, you may purchase through the App Store or choose an optional web checkout opened in your browser. The checkout page shows the product, price, billing term, and payment method before you confirm. The route you complete determines how billing and cancellation are managed.

App Store purchases.Purchases completed through the App Store are processed by Apple. Apple is the merchant of record for those transactions, and payment is handled under your Apple ID and Apple's billing terms.

Web purchases. Optional web purchases are handled by Stripe.

SendTunes Pro subscriptions and credits. SendTunes offers SendTunes Pro auto-renewing subscriptions for various periods, including weekly, monthly, and annual terms. We may also offer one-time song generation credit consumables. The exact subscription period, renewal terms, available consumable packs, and current price are shown inside the app before purchase. Regardless of subscription period, SendTunes Pro includes a fair-use cap of up to 50 song generations per 7-day period. Annual subscriptions also include an annual cap: up to 1,000 song generations per 12-month period for standard annual plans and up to 500 song generations per 12-month period for discounted or promotional annual plans. Consumable song generation credits are one-time purchases that add extra song generations and do not count toward the weekly subscription cap; credits do not expire while your account remains in good standing.

Length of subscription and automatic renewal. Subscriptions automatically renew at the end of each term unless you cancel before renewal. Billing and renewal timing are handled by the platform used for purchase. The applicable term and renewal price are disclosed before purchase.

Managing or canceling. Manage or cancel a subscription through the same platform used to complete the purchase. Cancellation normally takes effect at the end of the current paid term and prevents future renewals.

Trials and introductory offers. If a checkout offers a free trial or discounted introductory period, its exact length, introductory charge, regular renewal price, and renewal timing are displayed before purchase. A discounted first period is not a free trial unless the checkout expressly says it is free.

Price changes. We may change subscription prices and available offers from time to time. Any required notice or consent request will be provided through the platform used for purchase. You can cancel before a new price takes effect.

Unused songs do not roll over into the next billing period. A “song” means one successfully delivered Output. If a generation fails before delivery for reasons on our side, we'll do our best to make sure it does not count toward your cap.

6. Privacy

Your use of the SendTunes iOS app is also subject to our Privacy Policy, which describes what we collect, how we use it, and how to exercise your rights. Read it before you accept this EULA.

7. Ownership of your Output and commercial use

Subject to your compliance with this EULA, you own the songs you generate through the SendTunes iOS app. We grant you a worldwide, royalty-free, perpetual license to use, reproduce, modify, distribute, perform, and publicly display each Output, including for commercial purposes, in any media now known or later developed.

That license is subject to a few conditions:

• You may not claim that an Output was created entirely by a human or that it was endorsed by any real artist, label, or person named in the prompt.
• You are responsible for clearing any third-party rights in material you put intothe prompt — lyrics you didn't write, samples you don't own, names you don't have permission to use, and so on.
• You may not register an Output with a performance rights organization or content-ID system in a way that would block other SendTunes users from uploading or monetizing their own, independently generated, similar-sounding Output.

We retain a non-exclusive, royalty-free license to host, transmit, cache, back up, and otherwise process Outputs strictly to operate the service. We do not sell your Outputs to third parties or use them to train new models without your consent.

8. Our intellectual property

Section 7 above covers what you own (the Output). This section covers what we own. The SendTunes app, website, and service are made up of original work and trade secrets that belong to Tuvo Labs Limited Co or our licensors and are protected by copyright, trademark, trade-secret, and other intellectual property laws worldwide.

Our intellectual property includes, without limitation:

• The names SendTunes and Tuvo Labs, the SendTunes logo, wordmark, color palette, and any associated taglines, icons, or visual identifiers (collectively, the “Marks”).
• The look and feel, layout, motion design, illustrations, on-screen copy, sound effects, and overall user interface and user experience of the SendTunes iOS app and website (collectively, the “UI”).
• The source code, object code, APIs, server architecture, backend services, data schemas, and operational infrastructure that power SendTunes (collectively, the “Infrastructure”).
• The system prompts, prompt templates, style libraries, genre/mood taxonomies, model selection logic, lyric scaffolds, generation parameters, and any other instructions or tuning we use to direct the underlying AI model (collectively, the “Prompt System”). The Prompt System is a trade secret of Tuvo Labs.
• All documentation, marketing copy, blog posts, social content, and other written or audiovisual material we publish under the SendTunes brand.

Nothing in this EULA grants you any license or right in the Marks, the UI, the Infrastructure, or the Prompt System, by implication, estoppel, or otherwise. Without our prior written permission, you agree that you will not:

• Copy, reproduce, mirror, screenshot for redistribution, or otherwise duplicate any material portion of the UI, the Marks, or our published materials, whether for a competing product, a portfolio piece, a tutorial, or any other purpose.
• Reverse engineer, decompile, disassemble, scrape, probe, or attempt to derive the source code, architecture, API contracts, Prompt System, or model-selection logic of the Infrastructure.
• Extract, retain, store, log, cache, or republish any portion of the Prompt System or any internal instructions returned by our service, including by prompting the AI to reveal them, intercepting network traffic, or inspecting the app binary. Any such material that you do come across must be deleted immediately and may not be shared with third parties.
• Use the Marks, the UI, or any confusingly similar branding in your own product, app icon, social handles, domain names, ad creative, or metadata, in a way that suggests endorsement by, affiliation with, or origin from SendTunes or Tuvo Labs.
• Train, fine-tune, or evaluate any machine learning model on the UI, the Prompt System, Outputs taken from other users, or any other Tuvo Labs proprietary material.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices in the app or on Output metadata.

All rights not expressly granted in this EULA are reserved to Tuvo Labs and its licensors. We will enforce our intellectual property rights to the fullest extent permitted by law, including by seeking injunctive relief, statutory damages, and attorneys' fees.

9. Acceptable use

SendTunes is for creating original music. You agree not to:

• Submit prompts that contain lyrics or other text you do not own or have a license to use, including verbatim or near-verbatim copyrighted lyrics from existing songs.
• Use SendTunes to impersonate a real artist, public figure, or private individual.
• Generate content that is sexually explicit, that sexualizes minors in any form, or that promotes violence, terrorism, self-harm, or hatred against a protected group.
• Use the service to harass, threaten, defame, or stalk anyone.
• Circumvent the usage caps, rate limits, or any access controls.
• Use the app in any way that violates applicable U.S., state, or local law, or the law of the jurisdiction where you are located.

We may remove Output, refuse future generations, or terminate access at our discretion if we conclude that a user has violated these rules. We may also be required to do so by Apple or by applicable law.

10. Updates

We may release updates to the app over the App Store from time to time. Some updates may be required to keep using the service. You agree that updates to the app are governed by this EULA unless we provide a different agreement with the update.

11. Disclaimers

The app and all Output are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, Tuvo Labs disclaims all warranties, whether express, implied, or statutory, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that Output will be original, that it will be free of resemblance to existing works, or that the service will be uninterrupted, secure, or error-free.

12. Limitation of liability

To the fullest extent permitted by law, Tuvo Labs and its directors, officers, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, loss of data, or loss of goodwill, arising out of or relating to your use of the app or any Output, even if we have been advised of the possibility of such damages. Our total aggregate liability arising out of or relating to this EULA or the app will not exceed the greater of (a) the amount you paid for the app or in-app purchases in the three months before the event giving rise to liability, or (b) fifty U.S. dollars ($50). Some jurisdictions do not allow these limits, so portions of this section may not apply to you.

13. Indemnification

You agree to defend, indemnify, and hold harmless Tuvo Labs and its affiliates and personnel from any claim, demand, loss, or expense (including reasonable attorneys' fees) arising out of (a) your use of the app, (b) your breach of this EULA, (c) your violation of a third party's rights, including intellectual property or privacy rights, or (d) any prompt you submit or Output you publish or distribute.

14. Governing law and dispute resolution

This EULA is governed by the laws of the State of Arizona and the federal laws of the United States, without regard to conflict-of-laws principles. Subject to the arbitration clause below, the state and federal courts located in Maricopa County, Arizona have exclusive jurisdiction.

Informal resolution first.Before either of us starts a formal proceeding, we'll try to resolve the matter in good faith for at least sixty (60) days after written notice from one party to the other.

Binding arbitration. Any dispute that we cannot resolve informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will be conducted in Phoenix, Arizona, in English, before a single arbitrator.

No class actions. Each of us may bring claims only in our individual capacity, not as a plaintiff or class member in any purported class, collective, or representative action.

Exceptions. Either party may bring an action in a court of competent jurisdiction (i) to enforce or protect intellectual property rights or (ii) to seek temporary injunctive relief.

15. Apple-specific terms

The following terms apply because SendTunes is licensed to you through the Apple App Store. In the event of a conflict between these Apple-specific terms and the rest of this EULA, the Apple-specific terms govern only to the extent of the conflict.

• Acknowledgment. This EULA is between you and Tuvo Labs only, not Apple. Tuvo Labs alone is responsible for the SendTunes app and its content.
• Scope of license.Your license to use the app is limited to a non-transferable license to use the app on any Apple-branded products that you own or control, as permitted by the Usage Rules in Apple's Media Services Terms, except that the app may be accessed and used by other accounts associated with you through Family Sharing or volume purchasing.
• Maintenance and support. Tuvo Labs is solely responsible for providing maintenance and support services for the app. Apple has no obligation to provide any maintenance or support services.
• Warranty.Tuvo Labs is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the app to you (if any); to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Tuvo Labs's sole responsibility.
• Product claims. Tuvo Labs, not Apple, is responsible for addressing any claims you or any third party have relating to the app or your possession and use of it, including product liability claims, claims that the app fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection, privacy, or similar legislation.
• Intellectual property rights.In the event of any third-party claim that the app or your possession and use of it infringes that third party's intellectual property rights, Tuvo Labs, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
• Legal compliance.You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-party beneficiary.You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary.

16. Termination

This EULA remains in effect until terminated. We may suspend or terminate your license at any time, with or without notice, if we reasonably believe you have violated this EULA or applicable law. You can stop using the app at any time by deleting it. Sections that by their nature should survive termination (including IP, indemnification, disclaimers, and limitation of liability) will continue to apply.

17. Changes to this EULA

We may revise this EULA from time to time and will update the “Last updated” date above. If a change materially reduces your rights, we'll give you prominent notice inside the app or by email where we have one. Continuing to use the app after a revision takes effect means you accept the updated EULA.

18. Contact

Questions about this EULA? Get in touch:

Tuvo Labs Limited Co
2345 East Thomas Road, Ste 100 PMB 118
Phoenix, Arizona 85016
United States
support@sendtunes.app