Terms of Service

1. Introduction & Agreement to Terms

Welcome to Aura Music AI, a service provided by Smart Noise, Inc. ("Company," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our AI-powered music advertising platform, including our website, applications, and related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use our Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Service

Aura Music AI provides an AI-powered platform that enables musicians and artists to promote their music through automated advertising campaigns. Our Service includes:

• Video advertisements created from your music and artwork
• Automated campaign management on Meta platforms (Facebook and Instagram)
• AI-optimized audience targeting based on genre and music characteristics
• Campaign performance tracking and analytics
• Continuous optimization using aggregated data from our platform

3. Account Registration & Security

To use certain features of the Service, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security and confidentiality of your login credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized access to your account

You may only maintain one account per person. We reserve the right to suspend or terminate accounts that we believe violate these Terms.

4. User Responsibilities

When using our Service, you represent and warrant that:

• You own or have obtained all necessary rights, licenses, and permissions for any music, artwork, or other content you submit to the Service
• Your content does not infringe upon the intellectual property rights of any third party
• All information you provide about your music and campaigns is truthful and accurate
• You will comply with all applicable Meta Advertising Policies
• You will comply with Spotify's Terms of Service when providing Spotify links
• You will comply with all applicable laws and regulations in your jurisdiction

5. Acceptable Use Policy

You agree not to use the Service to:

• Submit music or content that you do not have the rights to promote
• Create fraudulent, misleading, or deceptive advertising campaigns
• Violate the intellectual property rights of any third party
• Promote content that is illegal, harmful, threatening, abusive, or otherwise objectionable
• Attempt to manipulate, game, or exploit our AI systems or algorithms
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use the Service for any illegal purpose or in violation of any applicable laws
• Collect or store personal data about other users without their consent

6. Payment Terms

Campaign budgets and fees are charged at the time of campaign creation. By initiating a campaign, you authorize us to charge your selected payment method for the total campaign amount.

Refund Policy

• Campaign fees are non-refundable once a campaign has been submitted
• For campaigns with a budget of $149 or more, you may pause your campaign and claim any unused ad spend as credit for future campaigns or request a refund of the unused portion
• Campaigns under $149 are not eligible for pausing, credits, or refunds

All prices are displayed in US dollars unless otherwise specified. You are responsible for any applicable taxes associated with your use of the Service.

7. Intellectual Property

Your Content

You retain all ownership rights to the music, artwork, and other content you submit to the Service. By submitting content, you grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your content solely for the purpose of providing the Service and running your advertising campaigns.

Our Property

The Service, including all software, AI models, algorithms, designs, text, graphics, and other content created by us, is owned by Smart Noise, Inc. and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our intellectual property without our prior written consent.

Ad Creatives

You are granted a license to use any video advertisements and creative content produced through our Service for the purpose of promoting your music, subject to these Terms. We retain the right to use anonymized and aggregated data from campaigns to improve our AI models and Service.

8. Campaign Performance Disclaimer

While we use advanced AI and optimization techniques to maximize campaign performance, we cannot guarantee specific results, including but not limited to:

• A specific number of streams, plays, or listens
• A specific number of new followers or fans
• A specific cost per result or return on investment
• Placement on playlists or algorithmic recommendations

Campaign performance depends on multiple factors, including music quality, genre, market conditions, competition, and platform algorithms, many of which are outside our control.

9. Third-Party Services

Our Service integrates with third-party platforms, including:

• Meta Platforms (Facebook/Instagram): For ad delivery and campaign management
• Spotify: For retrieving track information and metadata
• Payment Processors: For secure payment processing

Your use of these third-party services is subject to their respective terms and policies. We are not responsible for changes to third-party services that may affect the functionality of our Service.

10. Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMART NOISE, INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify, defend, and hold harmless Smart Noise, Inc. and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your infringement of any intellectual property or other rights of any third party.

12. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. You may cancel your account at any time by contacting us.

Upon termination:

• Your right to use the Service will immediately cease
• Active campaigns may be stopped, and no refunds will be provided for campaigns in progress
• We may delete your account and associated data in accordance with our Privacy Policy
• Provisions of these Terms that by their nature should survive termination will survive, including intellectual property provisions, disclaimers, and limitations of liability

13. Dispute Resolution

Governing Law

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

Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@auramusic.ai. We will try to resolve the dispute informally within 30 days.

Arbitration

If informal resolution is unsuccessful, any dispute arising from these Terms or the Service shall be finally settled by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, USA.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between us and you individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

14. Changes to Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on our website prior to the changes taking effect.

Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

15. Contact Information

If you have any questions about these Terms, please contact us: