Terms of Service

1. Acceptance of Terms

Welcome to Musicianly, Inc. (“we,” “our,” or “us”). By accessing or using Vyibe, our music creation platform and mobile application (together, the “Service”), you agree to be bound by these Terms of Service (“Terms”). If you disagree with any part of these terms, you may not access the Service.

2. Account Registration & Authentication

2.1 Account Creation

• You may register using Sign in with Apple, Google, Facebook or other approved methods.
• You agree to provide accurate, current, and complete information during the registration process.
• You are responsible for safeguarding your account credentials and for any activities or actions under your account.

2.2 Third-Party Authentication

When you choose to authenticate via a third-party service like Sign in with Apple, Google or Facebook, you authorize us to access and use certain account information as permitted by that service and as outlined in our Privacy Policy.

3. Privacy & Data Usage

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Service, you agree to the collection and use of information in accordance with our Privacy Policy, which is available at vyibe.app/privacy and is incorporated by reference into these Terms.

4. User Content and AI

4.1 Your Content Ownership

You retain all ownership rights to the musical compositions, recordings, and other creative works you produce using the Service (“User Content”). We do not claim any ownership of your User Content.

4.2 License to Musicianly, Inc.

To operate and provide the Service, you grant Musicianly, Inc. a limited, non-exclusive, worldwide, royalty-free license to use, store, reproduce, and process your User Content solely for the purpose of providing the Service to you.

4.3 Responsibility for Your Content

You are solely responsible for your User Content and the consequences of creating, posting, or publishing it. You represent and warrant that you have all necessary rights, licenses, and permissions to your User Content and that its use within the Service will not infringe upon the rights of any third party.

5. Acceptable Use Policy

You agree not to use the Service to create, upload, post, or transmit any User Content that:

• Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
• Is unlawful, hateful, harmful, defamatory, obscene, or otherwise objectionable.
• Attempts to hack, disable, or overburden the Service’s infrastructure.
• Captures the voice or conversation of any other person without their consent.
• Impersonates any person or entity or creates a false identity.
• Violates any applicable local, state, national, or international law.

6. Collaboration Guidelines

When collaborating with other users:

• Respect others’ creative contributions.
• Clearly communicate about rights and credits.
• Resolve disputes professionally.
• Report any abusive behavior to us immediately at support@vyibe.app.

7. Service & Features

7.1 Service Availability

We strive for continuous availability but do not guarantee uninterrupted access. We may perform maintenance or modify, add, or remove features at our discretion, with or without notice.

7.2 AI-Powered Features

Our Service includes features, such as AI Assist, that use artificial intelligence to provide contextual information (“AI Content”). These tools are intended to enhance, not replace, your creativity.

• Disclaimer of Accuracy: You acknowledge that AI Content may contain inaccuracies or errors. It is not intended to be a source of factual authority. You are responsible for reviewing, editing, and verifying all AI Content before use.
• “AS IS” Basis: All AI Content is provided on an “AS IS” basis, without warranties of any kind. We disclaim all liability for any reliance you place on such information.
• Reporting Issues: We encourage you to report any inaccurate or inappropriate AI Content by contacting us at support@vyibe.app.

8. Payment Terms

8.1 Subscriptions

• Subscription fees are billed in advance on a recurring basis.
• Prices are subject to change with 30 days’ notice.
• We offer no refunds for partial billing periods, except as required by law.

8.2 Free Features

We may offer certain features for free. These offerings may change or become paid features at our sole discretion.

9. Intellectual Property

9.1 Vyibe Property

The Service, including its original content (excluding User Content), features, and functionality, is and will remain the exclusive property of Musicianly, Inc. and its licensors. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries.

9.2 Feedback

Any feedback, comments, or suggestions you provide regarding the service is entirely voluntary. We will be free to use such feedback as we see fit and without any obligation or compensation to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MUSICIANLY, INC., ITS AFFILIATES, AGENTS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, OR OTHER INTANGIBLES, ARISING FROM:

• (i) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE;
• (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
• (iii) ANY CONTENT, INCLUDING AI CONTENT, OBTAINED FROM THE SERVICE; AND
• (iv) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

OUR TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE PAST TWELVE (12) MONTHS.

11. Indemnification

You agree to defend, indemnify, and hold harmless Musicianly, Inc. and its officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of your use of and access to the Service, or a breach of these Terms.

12. Termination

12.1 By You

You may terminate your account at any time through your account settings or by contacting us.

12.2 By Us

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

12.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. The content you created remains your property and will be deleted from our systems within 30 days of termination. All provisions of the Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide at least 30 days’ notice of any material changes via email or an in-app notification. Your continued use of the Service after such modifications constitutes your acceptance of the new Terms.

14. Governing Law

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

15. Contact Information

For questions about these Terms, please contact us at:

Musicianly, Inc.
Email: legal@musicianly.com
Address: 5775 Post Rd, Unit 11
East Greenwich, RI 02818