Terms of Service

Last Updated: January 22, 2025

1. Agreement to Terms

By accessing and using Swansonic Pty Ltd's ("Swansonic", "we", "us", "our") website, platform, and services, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access our services.

2. Service Description

Swansonic provides an AI-powered music platform, tools, programs, and related services. Our services include both generative AI applications and other digital tools and resources.

3. Account Registration and Credits

3.1 Account Creation

  • Users must create an account with a verified email address to access our services
  • Upon registration, users receive 30 complimentary credits
  • Some programs are free to use and don't require credits

3.2 Credit System

  • Different programs require varying numbers of credits per generation
  • Credits reset monthly and do not roll over
  • Upon subscription cancellation, remaining credits are valid until the subscription period ends
  • If resubscribing, any remaining credits from the previous subscription will be added to the new plan's credits

4. Payment Terms

4.1 Payment Processing

  • All payments are processed through Stripe
  • Swansonic does not store or handle payment information
  • Users may cancel their subscription at any time with immediate effect

4.2 Refunds

  • Refunds may be considered in cases of major service failure, evaluated on a case-by-case basis
  • Refunds can be processed either as monetary reimbursement via Stripe or as service credits, at the user's preference

5. AI Generation and Content Usage

5.1 AI Reliability

Users acknowledge that:

  • Our AI systems may generate unreliable or unexpected results
  • Such outcomes are inherent to experimental AI technology
  • No compensation is provided for unsatisfactory generations
  • No compensation is provided for slight technical mishaps during generation, including but not limited to: incomplete generations, partial outputs, glitches, or failed generations

5.2 Content Rights

  • Users may freely use AI-generated content produced through our services
  • Swansonic reserves the right to retain copies of generated content that doesn't contain original user material
  • Retained content may be used for system improvement and monitoring

5.3 Intellectual Property Rights

  • Our AI systems are not trained on copyrighted data
  • AI-generated content does not fall under copyright protection and cannot be claimed as intellectual property in its unaltered form
  • Users are expected to treat generated content responsibly and refrain from making copyright claims on unmodified AI generations
  • Swansonic reserves the right to terminate accounts of users who misuse our tools to spam-generate content or place unnecessary pressure on musical platforms, infrastructures, or copyright systems
  • Users may report suspected misuse through our Contact Us page

6. Data Privacy and Collection

6.1 Data Usage

We collect minimal user data, limited to:

  • Account information necessary for service functionality
  • Usage analytics of our programs
  • Records of AI-generated content (excluding user-supplied original content)

6.2 Data Security

  • We implement industry-standard security measures to protect user data
  • We do not store sensitive user information
  • We do not maintain any record of user-uploaded content
  • We use cookies solely for essential website functionality and basic tasks

6.3 Data Retention and User Rights

Under applicable data protection laws, users have the following rights:

  • Access their personal data
  • Correct any inaccurate personal data
  • Request deletion of their personal data (subject to retention requirements)
  • Withdraw consent for data processing
  • File complaints with relevant data protection authorities

6.4 Legal Basis for Processing

We retain user email addresses after account deletion based on legitimate business interests to prevent system abuse and ensure service integrity. This data is:

  • Stored securely in Australia in accordance with Australian Privacy Principles
  • Not used for marketing purposes
  • Retained only as long as necessary for fraud prevention
  • Protected in accordance with both Australian Privacy Principles and GDPR requirements when handling data from international users

7. Service Reliability and Limitations

  • As a growing entity, we cannot guarantee 100% server uptime
  • We are actively working to improve infrastructure reliability
  • Service interruptions may occur

8. Account Termination

8.1 Grounds for Termination

Swansonic reserves the right to terminate accounts without refund for:

  • Violation of these Terms
  • Fraudulent or illegal activities
  • Unauthorized access attempts
  • Creating multiple accounts to abuse free credits
  • Harassing other users or staff
  • Any activity that disrupts our services or harms other users

8.2 Process

  • Users will receive written notice of violations when possible
  • Serious violations may result in immediate termination
  • Terminated accounts forfeit all unused credits
  • Users may appeal termination decisions through our Contact Us page

8.3 Data After Termination

  • Account data will be deleted or anonymized within 30 days
  • Access to paid features will be removed immediately
  • Records required by law will be retained

9. Jurisdiction

  • These Terms are governed by the laws of New South Wales, Australia
  • All legal proceedings shall take place under this jurisdiction

10. Contact

For legal inquiries or concerns, please use our Contact Us page.

11. Changes to Terms

Swansonic reserves the right to modify these Terms at any time. We will notify users of any material changes via email or through our platform.

12. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary while preserving the remaining provisions.

13. Limitation of Liability

13.1 Maximum Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SWANSONIC, ITS DIRECTORS, EMPLOYEES, PARTNERS, AND AGENTS SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Any loss of profits, revenue, data, or business opportunities
  • Any damages exceeding the total amount paid by you to Swansonic in the 12 months preceding the claim

13.2 Applicability

These limitations apply regardless of whether damages arise from breach of contract, tort, or any other legal theory, and whether or not Swansonic has been informed of the possibility of such damage.