Last Updated: May 28, 2024
Please read these Terms of Service (the "Terms") and our Privacy Notice ("Privacy Notice") carefully as they govern your use of the InstantLyrics website ("InstantLyrics") located at (www.app.instantlyrics.net and http://www.app.instantlyrics.net/) (the "Site").
To make these Terms easier to read, the Site, our services, and the Generated Content are collectively referred to as the "Services".
1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you do not agree to be bound by these Terms, do not use the Services. If you access and use the Services on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms. In that case, "you" and "your" will refer to that entity.
2. Privacy Notice. Review our Privacy Notice, which also governs your use of the Services, for information on how we collect, use and share your information.
3. Changes to these Terms or the Services. We may update the Terms from time to time at our sole discretion. If we do, we will let you know by posting the updated Terms on the Site and/or we may also send you other communications. It is important that you review the Terms each time we update them or use the Services. If you continue to use the Services after we have posted the updated Terms, it means you agree to and accept the changes. If you do not accept being bound by the changes, you may no longer use the Services. Since our Services evolve over time, we may change or discontinue all or any part of the Services, at any time and without prior notice, at our sole discretion.
4. Who Can Use the Services? You may use the Services only if you are 18 years of age or older and capable of forming a binding contract with us, and are not prohibited from using the Services under applicable law.For certain features of the Services, you will need an account. It is important that you provide us with accurate, complete and current information about your account and that you keep this information up to date. If you do not, we may have to suspend or cancel your account. To protect your account, keep your account details and password confidential, and notify us immediately about any unauthorized use. You are responsible for all activities that occur on your account.
5. Feedback. We welcome feedback, comments, ideas, proposals, and suggestions for improving the Services ("Feedback"). If you choose to submit Feedback, you agree that we are free to use it without any restriction or compensation to you.
6. Subscriptions. InstantLyrics requires the payment of a fee for the use of the Services (or certain parts thereof) and you agree to pay such fees.(a) When you purchase a subscription for the Services ("Subscription"), you expressly authorize us (or our external payment processor) to charge you for such Subscription. We may ask you to provide additional relevant information for your Subscription, including your credit card number, the expiration date of your credit card, and your email and postal address for billing and notification purposes (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment methods represented by such Payment Information. When you initiate a Subscription, you authorize us to provide your Payment Information to third parties so that we can complete the Subscription-related transaction and charge your payment method for the type of Subscription you have selected (plus applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Subscription (such information is included within the definition of Payment Information). When you initiate a Subscription, you agree to the applicable pricing, payment and billing policies for such fees and charges, as published or otherwise communicated to you. All payments for Subscriptions are non-refundable and non-transferable, except as expressly provided in these Terms.(b) Subscriptions. If you purchase a monthly or annual Subscription, you will be charged the monthly or annual Subscription fee, plus applicable taxes and other charges ("Subscription Fee").BY PURCHASING A SUBSCRIPTION, YOU AUTHORIZE US TO INITIATE RECURRING NON-REFUNDABLE PAYMENTS AS SET FORTH BELOW. If you purchase a Subscription, we (or our external payment processor) will automatically charge you each month or year, on the anniversary of the start of your Subscription, using the Payment Information you have provided until you cancel your Subscription. By accepting these Terms and choosing to purchase a Subscription, you acknowledge that your Subscription has recurring payment features and you accept responsibility for all recurring payment obligations. Your Subscription continues until you cancel it or we suspend your access or use of the Services or the Subscription in accordance with these Terms.(c) Cancelling Your Subscription. You may cancel your Subscription for a full refund within ten (10) calendar days of your initial purchase. AFTER THAT, YOUR PURCHASE IS FINAL AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE AND/OR RECEIVE A REFUND OF YOUR SUBSCRIPTION FEE AT ANY TIME. But if something unexpected happens in the course of completing a transaction, we reserve the right to cancel your transaction for any reason; if we cancel your transaction, we will refund any payment you have already submitted for such transaction. Without limiting the foregoing, you may cancel your Subscription at any time, but note that such cancellation will be effective at the end of the current Subscription period. EXCEPT AS STATED ABOVE REGARDING YOUR INITIAL SUBSCRIPTION PURCHASE, YOU WILL NOT RECEIVE A REFUND OF ANY PART OF THE SUBSCRIPTION FEE PAID FOR THE CURRENT SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. If you cancel, your right to use the Services will continue until the end of your current Subscription period and then terminate without further charges.(d) Free Trials. We may offer qualifying users paid Subscriptions on a free trial basis ("Free Trial") for a specific period of time. If we offer you a Free Trial, the specific terms of your Free Trial will be provided upon sign-up. Your use of the Free Trial is subject to your compliance with such specific terms. There may be certain limitations with respect to combining Free Trials with any other offer. Unless otherwise stated in the specific terms of the Free Trial offer, Free Trials are only available to users who have not previously had a paid Subscription. When you accept a Free Trial, you also agree to subscribe to a paid Subscription as described above and, accordingly, unless you cancel your Subscription before the end of your Free Trial, we (or our third-party payment processor) will begin charging your payment method on an annual recurring basis for the applicable annual fee (plus any applicable tax and other charges) at the end of the Free Trial until you cancel your Subscription. If you wish to avoid charges to your payment information, you must cancel your subscription before midnight EST on the last day of your free trial period. Instructions for cancelling your subscription are provided in the section above titled "Cancelling Your Subscription".
7. Your Content.(a) Posting Content. Our Services may allow you to store or share content such as text (in posts or communications with others), files, documents, graphics, images, music, software, audio and video. Anything (other than Feedback) that you post or make available through the Services is referred to as "User Content". InstantLyrics does not claim any ownership rights in any User Content and nothing in these Terms shall be deemed to restrict any rights you may have over your User Content.(b) Permissions for Your User Content. By making any User Content available through the Services, you grant InstantLyrics, its licensors and their affiliates a non-exclusive, transferable, perpetual, irrevocable, worldwide, royalty-free and fully paid, with right to sublicense, to use, host, store, copy, communicate, modify, create derivative works based on, distribute, publish, publicly display and publicly perform your User Content in connection with InstantLyrics, its licensors and their affiliates providing, operating, ensuring and improving their services.(c) Your Responsibility for User Content. You are solely responsible for all of your User Content. You represent and warrant that you have (and will have) all necessary rights to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by InstantLyrics on or through the Services, will infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.(d) Removal of User Content. You may delete your User Content by specifically deleting it. You should know that in certain cases, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist within the Services. To the maximum extent permitted by law, we are not responsible for the removal or deletion (or the failure to remove or delete) your User Content.(e) Your Use of Generated Content. Subject to your compliance with these Terms, InstantLyrics grants you a non-exclusive, worldwide, sublicensable license to use, copy, modify, sell, create derivative works based on, distribute, publicly display and publicly perform the Generated Content for your lawful commercial purposes.(f) Intellectual Property Ownership. We may make available through the Services content that is subject to intellectual property rights, including the Generated Content. We and our licensors (as applicable) retain all rights in that content.(g) In accordance with the Data Protection Law, if a user requests the deletion of their data, we will proceed to delete such data. However, in such cases the user's account will be blocked and they will have to send an email to [info@instantlyrics.net](mailto:info@instantlyrics.net) to request the unblocking of their account. This mechanism is intended to protect the company from users who abuse the data deletion option to repeatedly use the trial version of our tool.
8. Use Requirements, General Prohibitions, and InstantLyrics Enforcement Rights.(a) You agree that you will use the Services:Only in a legal manner and in compliance with all applicable laws;In accordance with the Terms, the license granted in Section 7(e) and any documentation, usage guidelines, parameters and other requirements that InstantLyrics or its licensors provide, as modified by InstantLyrics or its licensors from time to time;In a way that does not infringe, misappropriate or otherwise violate any of the rights of InstantLyrics or its licensors or any other person or entity;With respect to the Generated Content, in a manner consistent with the mission and bylaws of OpenAI, which are incorporated herein by reference, as determined by OpenAI in its sole discretion;In a way that does not violate these Terms, any agreement between you and any other person, or our rights or those of a third party; and in compliance with, and will not attempt to circumvent, any rate limit or other restrictions that InstantLyrics or its licensors may establish from time to time.You also agree to make reasonable efforts to reduce the likelihood, severity and scale of any social harm caused by your use of the Services (including the use and sharing of Generated Content) by following the OpenAI API Usage Guidelines. InstantLyrics and OpenAI may request information from you about your efforts to mitigate safety risks, and you agree to provide such information. Such information may be used to assess compliance with these Terms, as well as to inform improvements to the Services (including components thereof).(b) You agree not to do any of the following:Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that violates, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, deceptive or misleading; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, intolerance, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances;Distribute, sell, lend, transfer or grant any rights to the Services (except the Generated Content as permitted under this Agreement);Create any software that operates substantially the same as the Services (including any component thereof) and offer it to third parties;Modify, alter, adapt, repair or create derivative works (except as permitted by Section 7(e)) of the Services, or attempt to do so;Use the Services in connection with any spyware, malware, virus, worm, Trojan horse or other malicious or harmful code, or any unauthorized software application expressly and consciously by users before downloading or installing it on their computer or other electronic device;Use the Services to discover any underlying components of InstantLyrics' or its licensors' models, algorithms and systems, such as cloning through logits;Remove, hide or alter any notice, including any intellectual property notice that appears in or is contained in the Services (including any component thereof);Interfere or attempt to interfere with the functionality or proper working of the Services (including any component thereof);Use, display, reflect or frame the Services or any individual element within the Services, the name of InstantLyrics, any trademark, logo or other proprietary information of InstantLyrics, or the design and layout of any page or form contained on a page, without the express written consent of InstantLyrics;Access, manipulate or use non-public areas of the Services, InstantLyrics' computer systems or the technical delivery systems of InstantLyrics' providers;Attempt to probe, scan or test the vulnerability of any InstantLyrics system or network, or violate any security or authentication measures;Circumvent, bypass, remove, deactivate, impair, descramble or otherwise avoid any technological measure implemented by InstantLyrics or any of InstantLyrics' providers or any other third party (including another user) to protect the Services;Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or similar) other than the software and/or search agents provided by InstantLyrics;Use web scraping, web harvesting, or web data extraction methods to extract data from the Services (including the Generated Content), or the software, models or systems of InstantLyrics, its licensors and their affiliates.Send unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation;Use any meta tags or other hidden text or metadata utilizing a trademark, logo URL or product name of InstantLyrics without the express written consent of InstantLyrics;Use the Services, or any part thereof, for commercial purposes or for the benefit of a third party or in any manner not permitted by these Terms;Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;Decipher, decompile, disassemble, reverse assemble, reverse compile, reverse engineer or translate any component or software used to provide the Services, discover the source code of any component of the Services or attempt to do any of the foregoing;Interfere or attempt to interfere with the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming or mail-bombing the Services;Collect or store any personally identifiable information from the Services about other users of the Services without their express permission;Impersonate or misrepresent your affiliation with any person or entity;Provide or upload any information to the Services that is "Protected Health Information" as defined in the Health Insurance Portability and Accountability Act;Use the Services in a way that causes societal harm, including but not limited to (i) deceiving end users into believing any Generated Content was human-generated for generative use cases not involving a human in the loop, (ii) generating spam, and (iii) generating content for dissemination in electoral campaigns;Use the Services in a way that violates any applicable law or regulation, including but not limited to (i) illegal activities like child pornography, gambling, piracy, copyright infringement, trademark infringement or other intellectual property laws, and (iii) threatening, stalking, defaming, defrauding, degrading, victimizing or intimidating any person for any reason; andEncourage or enable any other person to do any of the foregoing.InstantLyrics is not obligated to monitor access or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without prior notice, including, but not limited to, if we, in our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
9. DMCA/Copyright Policy.(a) **Use of User and Third-Party Content.** InstantLyrics does not claim ownership rights over the lyrics used and provided by users or third parties. All user-generated content is the responsibility of the uploader or user. You acknowledge that you may be exposed to content that infringes intellectual property rights and agree that InstantLyrics will not be responsible for such infringements by users.(b) **Disclaimers.** InstantLyrics provides a song lyrics recognition service and does not guarantee the accuracy or legality of the lyrics displayed in the app. The lyrics may be user-generated or derived from sources presumed to be in the public domain or available under licenses that permit their use. InstantLyrics assumes no responsibility for the incorrect or illegal use of the lyrics and other content accessible through the platform.(c) **Permitted Use.** You agree to use the Services only for personal and non-commercial purposes. The reproduction, distribution, transmission, adaptation or modification of any part of the copyright-protected content available through the Services is expressly prohibited without the prior written consent of InstantLyrics and/or its licensors.(d) **Infringement Claims.** InstantLyrics respects the intellectual property rights of third parties and asks users of the Services to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify us following our copyright infringement claim procedure. InstantLyrics takes these claims very seriously and will act as required by law.
10. Links to Third-Party Websites or Resources. The Services may allow you to access third-party websites or other resources. We provide access solely for your convenience and are not responsible for the content, products or services available on such websites or resources. You acknowledge sole responsibility and assume all risks that arise from your use of any third-party resources.
11. Termination. We may suspend or terminate your access and use of the Services, including suspending access or cancelling your account, at our sole discretion, at any time and without prior notice.
12. Disclaimer of Warranties. THE SERVICES ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE AND OUR LICENSORS EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We and our licensors do not warrant that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any information or content on the Services.
13. Indemnification. You will indemnify and hold InstantLyrics, its licensors, their affiliates and each of their officers, directors, employees, representatives and agents harmless from and against any claim, dispute, demand, liability, damages, losses and costs and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access or use of the Services, (b) your User Content, (c) your violation of these Terms, or (d) your actual or alleged infringement, misappropriation or violation of the intellectual property or proprietary rights of InstantLyrics, its licensors or any third party.
14. Limitation of Liability.(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER INSTANTLYRICS NOR ITS SERVICE PROVIDERS AND LICENSORS INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, LOSS OF SAVINGS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INSTANTLYRICS OR ITS LICENSORS OR SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE.(b) TO THE MAXIMUM EXTENT PERMITTED BY THE APPLICABLE LAW, IN NO CASE WILL INSTANTLYRICS' TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNTS YOU HAVE, YOU PAY, OR ARE PAYABLE TO INSTANTLYRICS FOR THE USE OF THE SERVICES OR ONE HUNDRED DOLLARS ($100).(c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INSTANTLYRICS AND YOU.
15. Applicable Law and Choice of Forum. The relationship between InstantLyrics and the User shall be governed and construed in accordance with the General Conditions, which in terms of interpretation, validity and enforcement shall be governed by Colombian legislation; and any dispute shall be submitted to the Courts.
16. General Conditions.(a) Reservation of Rights. InstantLyrics and its licensors are the exclusive owners of all rights, titles and interests in the Services, including all associated intellectual property rights.(b) Entire Agreement. These Terms constitute the complete and exclusive understanding and agreement between InstantLyrics and you with respect to the Services, and these Terms supersede and replace all prior oral or written understandings or agreements between InstantLyrics and you with respect to the Services. If any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. InstantLyrics may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and authorized assigns.(c) Notices. All notices or other communications provided by InstantLyrics under these Terms will be sent: (i) by email; or (ii) by posting on the Services. For notifications sent by email, the date of receipt shall be the date on which such notification is transmitted.(d) Waiver of Rights. InstantLyrics' failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of InstantLyrics. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
17. Contact Information. If you have any questions about these Terms or the Services, contact [info@instantlyrics.net](mailto:info@instantlyrics.net).
