terms of service

1. Acceptance of these terms

These Terms of Service (the “Terms”) are an agreement between you and KobiMusic LLC, a Kentucky limited liability company (“kobimusic,” “we,” “us,” or “our”). They govern your access to and use of the website at kobi.music, the kobimusic workspace, the tools and machine learning models we host, our application programming interface and agent integrations, and any related software or services (together, the “Services”).

By creating an account, purchasing a plan, or otherwise accessing or using the Services, you agree to be bound by these Terms and acknowledge our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization. If you do not agree to these Terms, do not use the Services.

2. Eligibility

You must be at least 13 years old, or the minimum age required in your country to consent to the processing of personal data, if higher, to use the Services. If you are under the age of majority where you live, you may use the Services only with the consent of a parent or legal guardian, who agrees to these Terms on your behalf. You may not use the Services if you are prohibited from doing so under applicable law.

3. Accounts

Some features of the Services require an account. You agree to provide accurate information when you register and to keep it current. You are responsible for maintaining the confidentiality of your password and any API keys issued to you, and for all activity that occurs under your account. You must notify us promptly at [email protected] of any unauthorized use of your account. Each person may maintain only one free account.

4. The Services and machine learning output

The Services use machine learning models to read sheet music, transcribe audio, engrave scores, and perform related tasks. The files and other results the Services produce (“Output”) are generated automatically, are not reviewed by a person, and may be incomplete or inaccurate. You are responsible for reviewing Output before relying on it, including before publishing, performing, or distributing it.

We may add, change, suspend, or discontinue any part of the Services at any time. We do not guarantee that the Services will be available at any particular time or that any particular feature, model, or file format will continue to be offered.

5. Your content

“Content” means the files, recordings, documents, and other material you upload to or submit through the Services. As between you and kobimusic, you retain all rights you hold in your Content, and you own the Output generated from your Content, to the extent permitted by law and subject to any rights others hold in the underlying musical works.

You grant kobimusic a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, process, and display your Content and Output as necessary to provide the Services to you, including through the service providers described in our Privacy Policy. This license ends when your Content is deleted from the Services, except as needed to complete processing already under way and as described in our Privacy Policy.

You also grant kobimusic a worldwide, non-exclusive, royalty-free, perpetual license to use, copy, and modify your Content and Output to develop, train, evaluate, and improve our machine learning models and the Services. We will not publish your Content or make it available to others as part of this use. Deleting your Content ends this license for the future, but does not require us to remove it from training data or to retrain or alter any model in which it was used before deletion.

You represent and warrant that you own or have obtained all rights, licenses, and permissions necessary to upload your Content and to use the Services with it, and that your Content and its use do not infringe or violate the rights of any third party, including copyrights in musical compositions, arrangements, editions, and recordings.

6. Acceptable use

You agree not to, and not to permit or assist anyone else to:

• use the Services in violation of any applicable law or regulation, or to infringe or misappropriate the intellectual property or other rights of any person;
• upload Content that is unlawful, that contains malicious code, or that you do not have the right to use;
• create multiple accounts, share accounts, or use scripts or other automated means to obtain credits or capacity beyond your plan or to circumvent any usage limit, rate limit, or access control (use of our published API within its limits is permitted);
• interfere with or disrupt the Services or the servers and networks that provide them, or attempt to probe, scan, or test their vulnerability without our written permission;
• reverse engineer, decompile, or attempt to extract the source code or model weights of any part of the Services, except to the extent such restriction is prohibited by law or the component is made available under a license that permits it;
• resell, sublicense, or provide the Services to third parties as a service bureau, except under a written agreement with us; or
• use the Services to develop a competing product by systematically extracting Output for use as training data.

7. Plans, credits, and usage limits

Use of the tools is measured in credits, as described on our pricing page. Each plan includes the number of credits stated there for each period. Credits have no cash value, are not transferable, and do not carry over from one period to the next. We may change the credits included in a plan, the cost of a task in credits, or other usage limits, and we will give notice of any change that reduces what a paid plan includes before the change applies to your next billing period.

8. Subscriptions and payment

Paid plans are sold through Polar, which acts as our merchant of record. Polar processes your payment, is the seller of record for the transaction, and is responsible for calculating and collecting applicable sales tax, VAT, and similar taxes. Your purchase is also subject to Polar's terms and privacy policy. We do not receive or store your full payment card details.

Subscriptions renew automatically at the end of each billing period at the then-current price until you cancel. You may cancel at any time from the usage page. Cancellation takes effect at the end of the current billing period, and your paid plan remains active until then. We will notify you in advance of any price change, which will apply from your next billing period after the notice.

Except where required by applicable law, fees are non-refundable, and we do not provide refunds or credits for partial billing periods or unused credits.

Services provided under a quote, such as the processing of a library or collection, are governed by the written quote or agreement for that engagement, which controls over these Terms where the two conflict.

9. Open-weight models and third-party software

We may make certain models, model weights, or software available for download. Your use of those materials is governed by the license that accompanies them, and not by these Terms, except where that license says otherwise. The Services also include or rely on third-party software and services, which are subject to their own terms.

10. Intellectual property

Except for your Content and Output, the Services, including the website, software, models, documentation, and the kobimusic name and logos, are owned by kobimusic or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for their intended purpose. All rights not expressly granted are reserved.

If you send us suggestions or feedback about the Services, you grant us the right to use them without restriction or compensation to you.

11. Copyright complaints

We respect the intellectual property rights of others. If you believe that material available through the Services infringes your copyright, please send a notice to [email protected] that includes: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to be infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient for us to locate it; (d) your contact information; (e) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) 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 the owner's behalf.

We may remove or disable access to material that is the subject of a notice, and we will terminate, in appropriate circumstances, the accounts of users who are repeat infringers. Our designated agent for notices of claimed infringement is KobiMusic LLC, reachable at [email protected].

12. Third-party services

The Services may let you sign in with, pay through, or connect to services operated by third parties, such as Google and Polar. Your use of those services is governed by their own terms and policies, and we are not responsible for them.

13. Suspension and termination

You may stop using the Services at any time, and you may delete your account from the settings page. Deleting your account deletes your files and immediately ends any paid plan.

We may suspend or terminate your access to the Services, with or without notice, if you breach these Terms, if your use poses a security or legal risk to us or to others, if we are required to do so by law, or if we discontinue the Services. Where reasonably practicable, we will give you notice and an opportunity to download your Content before terminating an account for reasons other than a breach.

Section 5 (as to your representations and the license to improve our models), and Sections 6, 9, 10, and 14 through 18, survive any termination of these Terms.

14. Disclaimers

THE SERVICES AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT OUTPUT WILL BE ACCURATE, COMPLETE, OR FIT FOR ANY PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, KOBIMUSIC AND ITS MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (B) ONE HUNDRED U.S. DOLLARS (US$100). NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

16. Indemnification

You agree to indemnify and hold harmless kobimusic and its members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to your Content, your use of the Services, or your breach of these Terms or of any law or third-party right.

17. Governing law and venue

These Terms are governed by the laws of the Commonwealth of Kentucky, without regard to its conflict of laws rules. Any dispute arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in the Commonwealth of Kentucky, and you and kobimusic consent to the personal jurisdiction of those courts. Nothing in this section deprives a consumer of the protection of mandatory provisions of the law of the country where they live.

18. General

These Terms, together with the Privacy Policy and any quote or agreement referred to in Section 8, are the entire agreement between you and kobimusic about the Services. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for any failure or delay caused by events beyond our reasonable control. You agree to comply with all applicable export control and sanctions laws in your use of the Services.

19. Changes to these terms

We may update these Terms from time to time. If a change is material, we will notify you by posting the updated Terms on the Services and, where you have an account, by email, at least 14 days before the change takes effect. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree to them, you must stop using the Services.

20. Contact

Questions about these Terms may be sent to KobiMusic LLC at [email protected].