Terms of use

1. Who we are

Tunaki is a service for making and listening to AI-generated music. It is offered by 52commerce, Kronenburgsingel 525, unit 3.05, 6831 GM Arnhem, the Netherlands, registered under Chamber of Commerce (KvK) number 83007229. In these terms "we" and "us" mean that company. You can reach us at support@tunaki.com.

These terms apply to the Tunaki apps for iOS and Android, to this website, and to the song, artist and playlist pages on it. By creating an account, or by using Tunaki without one, you agree to these terms. The Community guidelines and the Copyright and complaints policy are part of these terms. How we handle personal data is described in the Privacy policy.

2. You must be 18 or older

Tunaki is for adults. You may only use it if you are 18 or older. This is a condition set by the supplier of the AI model that makes the music, and we cannot make exceptions.

When you create an account we ask for your date of birth. We keep only the fact that you are old enough, not the date itself. If we learn that an account belongs to someone under 18, we close it.

3. Your account

• You can listen without an account. You need an account to make songs, like songs, follow artists, make playlists and buy credits.
• You sign in with a code that we send to your email address, or with your Apple or Google account where the app offers that.
• Give correct information, keep access to your account to yourself, and tell us if you think someone else is using it. You are responsible for what happens through your account.
• One person, one account. Do not create extra accounts to collect free songs or to get around a suspension.
• Your artist name and profile must not pretend to be someone else and must follow the Community guidelines.

4. What Tunaki does

With Tunaki you can:

• listen to public songs for free, in the apps and on the web;
• describe a song in words and have an AI model generate it, with or without your own lyrics;
• keep a song private, share it by link, or publish it under your artist name;
• like songs, follow artists and make playlists;
• start a new song from the settings of a published song, where its artist allows that.

We give you a personal right to use the apps and the service under these terms. You cannot transfer that right to someone else.

We keep improving Tunaki, so features can change. To prevent abuse we limit how many songs one account can make per hour and per day. We try to keep the service available, but we do not promise that it works without interruptions or errors, and sometimes we take it offline for maintenance.

5. All music is AI-generated

Every song on Tunaki is generated by an AI model that is operated by our supplier, Google. That covers the music and the vocals, and also the lyrics unless you write them yourself. No band and no singer performs your song. Every song carries the label "AI-generated music", and the audio contains an inaudible watermark from the supplier that marks it as AI-generated.

You agree that:

• you will not remove, hide or alter the AI label or the watermark;
• you will not present a song from Tunaki as made only by people in order to mislead anyone;
• if you use a song outside Tunaki, you tell your audience that it is AI-generated wherever the law or the rules of that place require it.

Before your first song we ask your permission to send your description and lyrics to the supplier. Without that permission we cannot make songs for you. The AI model can refuse a request, and it can produce something you did not expect. Nobody checks a song for quality before it reaches you.

6. Rights in the songs you make

We want to be straightforward about this, because the law on AI-generated music is unsettled.

• We do not claim ownership of your songs. Neither does our supplier.
• Lyrics and other text that you write yourself stay yours.
• We do not guarantee that a song is protected by copyright, or by any similar right, in any country. In many places music that is generated entirely by AI is not protected by copyright at all.
• We cannot promise that your song is unique or exclusive. The supplier may generate the same or similar output for other people, on Tunaki or elsewhere.
• We give no guarantee that a song does not resemble existing music, and no guarantee that it is fit for a particular use, including commercial use. You are responsible for how you use your songs outside Tunaki, and for how the people you share them with use them.
• We do not pay for streams. There is no payment to you for plays, likes or shares of your songs, or for songs that other people start from yours.

7. The licence you give us

To run Tunaki we need your permission to use what you put into it. This section is about your descriptions, lyrics, titles, artist name, profile and covers, and about the songs you make to the extent that you hold any rights in them. Together we call this "your content".

You give us a non-exclusive, worldwide licence, free of charge, to:

• host, store and copy your content and convert it into other technical formats;
• stream your songs, and show their title, cover, lyrics and artist name, in the apps, on the web, in embedded players and in link previews;
• include public songs in profiles, playlists, search, charts and recommendations;
• promote public songs and Tunaki itself, in the apps, on app store pages, on social media and in advertising, with your artist name;
• let other users listen to your public songs, like them, share them and add them to playlists;
• let other users start a new song from the settings of a song that you publish or share by link, as described below.

We may pass this licence on to the companies that help us run Tunaki, such as hosting and delivery providers, for that purpose only, and to a company that takes over Tunaki.

Private and link-only songs. For a song that you keep private we use this licence only to store it and to play it to you. A song that you share by link can be played by anyone who has the link. It is not shown in search or recommendations.

Publishing is your choice. You decide whether a song is private, shared by link or public. You can change that, or delete the song, at any time. When you unpublish or delete a song we stop showing it and the licence ends, with three limits: copies can remain in backups and caches for a short time, promotion that was already published does not have to be recalled, and songs that other people already started from yours stay available.

Starting from your song. When you publish a song or share it by link, other users can open the create screen with the settings of your song filled in: the genre, the mood, the type of vocal, the language and the tempo. They write their own description. The AI model does not receive your description, your lyrics or your audio. The result is a new AI-generated song under the other user's artist name, with a visible line that says "Inspired by" and names your song and your artist name. You can switch this off for each of your songs whenever you like. Songs that were started from yours before you switched it off stay available.

What you promise us. You confirm that the text and other material you submit is your own or that you have permission to use it, that it does not infringe anyone's rights, and that you are free to give us this licence. If you are a member of a collecting society, check that your membership allows this.

8. What is not allowed

You must follow the Community guidelines. In short, you may not use Tunaki to:

• imitate or clone the voice of a real person, or pass yourself off as an existing artist, band or label;
• use lyrics, titles or other material that someone else holds the rights to, or try to recreate an existing song;
• make or publish content that is hateful, threatening, harassing or sexually explicit, that sexualises or endangers minors, that glorifies violence or terrorism, or that is illegal;
• spam, scam or mislead people, including with false statements about who made a song;
• inflate plays, likes or follows with bots, scripts, paid clicks or looped plays (artificial streams);
• get around our filters, limits, age check or other safeguards;
• copy songs in bulk, scrape the service, or pull other people's audio out of it by technical tricks;
• reverse engineer Tunaki or the AI model, or use songs from Tunaki to train another AI model;
• resell access to Tunaki or to your account.

Songs with strong language or adult themes must be marked as explicit.

9. Credits, packs and plans

One credit is one song. Listening is free. Making a song costs one credit, whatever its length or style. A song that you start from another song also costs one credit. In the apps a credit is simply shown as a song.

A song that fails costs nothing. If a song cannot be made because of a technical error, or because the AI model or our filters refuse the request, the credit is returned to you automatically.

Two kinds of songs in your balance.

• Plan songs come with a subscription. Songs in a plan are refilled every month. Unused plan songs do not roll over.
• Pack songs are bought separately. Songs you buy in a pack never expire.
• When you make a song we use your plan songs first, because those are the ones that expire.

Free songs. We sometimes give songs away, for example when you create an account. We can change or end such offers for the future. Free songs that are already in your balance stay there.

Buying. Packs and plans are sold in the apps through the Apple App Store or Google Play. The store shows the price in your currency, including tax, and takes the payment. The store's own terms apply to the payment.

Renewal and cancelling. Plans renew automatically until you cancel. Cancel any time in your store account settings. When you cancel, your plan runs until the end of the period you already paid for, and you keep the plan songs of that period until it ends. Pack songs stay in your account after you cancel.

Refunds. Refunds for purchases made through a store are handled by that store under its refund rules. If a store refunds a purchase, we may remove the songs that came with it from your balance.

Your right to withdraw. If you are a consumer in the European Union, the United Kingdom or a country with similar rules, you normally have 14 days to withdraw from an online purchase. Songs in a pack or plan are digital content that we deliver straight away. By buying, you ask us to add them to your account immediately and you acknowledge that you lose your right to withdraw once we have done so, as far as the law allows. This does not limit your legal rights if what you bought is faulty or not as described.

No cash value. Credits are not money. They cannot be exchanged for cash, moved to another account or used outside Tunaki, except where the law requires otherwise.

Deleting your account. Unused credits are lost when you delete your account. Deleting your account does not cancel a subscription, so cancel it in your store account settings first.

Price changes. We may change prices, and the number of songs in a plan or pack, for future purchases and renewals. For a running subscription the store informs you in advance as its rules require.

10. Proof of Creation

Every song that is generated successfully gets a Proof of Creation, automatically and free of charge. It is a record with a digital fingerprint (a SHA-256 hash) of the audio file, the account that made the song, the AI supplier and model, and the time of generation. We sign the record digitally, so that later changes can be detected. Each record has a public verification page and can be downloaded as a PDF certificate.

This certificate documents a recorded AI music generation event. It does not establish copyright ownership or guarantee exclusive intellectual property rights.

Please read it for what it is:

• It records that a particular audio file was generated through a particular Tunaki account at a particular time.
• It is not a copyright registration, and it is not issued by a public authority.
• It does not show that you hold rights in the song, that the song is unique, or that it does not resemble or infringe someone else's work.
• An earlier time on a certificate does not decide a dispute by itself. See the Copyright and complaints policy.

We can revoke a certificate if it was obtained by fraud or by breaking these terms, if it contains an error, or if a complaint about the song is upheld. A revoked certificate is shown as revoked on its verification page.

11. Downloads and releasing a song elsewhere

Downloads. You can download the original audio file of a song that you made yourself. Other people can stream your public songs, like them, add them to playlists and share the link, but Tunaki gives them no download.

This is not copy protection. Streaming means that the audio is sent to the listener's device, and we cannot prevent someone from recording what they hear. We do not use DRM, and we do not promise that a public song cannot be copied.

Releasing a song elsewhere. You can export a song that you made as a package with the audio, the cover and the song details, so that you can offer it to a distributor yourself. Please keep this in mind:

• Distributors and streaming services decide for themselves what they accept, and many have their own rules for AI-generated music. We do not promise that any of them will accept your song.
• Exporting does not create copyright or any other right in the song. Section 6 applies in full.
• When you export, you confirm that you hold the rights to everything you added yourself, such as your lyrics, and that you will follow the distributor's rules, including any rule to label the song as AI-generated.
• You deal with the distributor yourself. We are not a party to that arrangement and we are not responsible for it.

12. Moderation

We moderate Tunaki to keep it lawful and safe. This is how it works:

• Filters before a song is made or published. Automated rules check descriptions, lyrics, titles, artist names and playlist names. They block some requests and rewrite others, for example by replacing the name of an artist with a description of a musical style. The AI supplier applies its own filters as well.
• Reports. Anyone can report a song, a profile or a playlist: in the apps, and on the web through the report form. A person on our team reviews reports.
• Temporary hiding. A report about the safety of a child, or reports from several different people, automatically hides the content from search and recommendations until a person has looked at it.
• Measures. Depending on what we find, we can refuse a request, hide or remove content, limit features, or suspend or close an account. We choose a measure that fits the seriousness of the problem.

You get our reasons. When we remove or restrict your content or your account, we tell you what we did, which rule or law it is based on, which facts we relied on, whether automated tools were involved, and how you can object. People who report something are told what we decided as well.

Objecting. If you disagree with a decision about your content, your account or your report, you can object within six months by replying to our message or by writing to support@tunaki.com. A person reviews your objection, where possible someone who did not take the first decision, and you get an answer with reasons. You also keep the right to go to court.

Serious crimes. If we have reason to suspect a crime that threatens someone's life or safety, we inform the authorities.

13. Rights complaints and repeat infringers

If you believe that a song on Tunaki infringes your rights, follow the Copyright and complaints policy. The artist can respond, and both sides can object to our decision.

Each report or complaint that we uphold counts as a warning on the account concerned. After three warnings we suspend the account. We close the accounts of people who keep infringing, and we can act sooner when a breach is serious. We can also stop handling complaints from people who repeatedly send complaints that are clearly unfounded.

14. Ending

You can stop using Tunaki and delete your account at any time.

We can suspend or close your account if you seriously or repeatedly break these terms, if you are under 18, or if the law requires it. We tell you why, as described in section 12. When an account is closed, its songs, profile and playlists go offline and unused credits are lost. If we closed your account by mistake, we restore it together with your credits.

If we ever stop offering Tunaki altogether, we will tell you in advance where we reasonably can, so that you can download the songs you made.

15. Our responsibility

We run Tunaki with reasonable care. At the same time:

• Songs are generated by an AI model. We provide them as they are, without any guarantee about their quality, their originality or their legal status.
• Songs, profiles and playlists are published by users. We are not responsible for what users publish, although we act on reports as described above.
• You are responsible for how you use your songs outside Tunaki.

Nothing in these terms limits our liability for damage caused by our intent or gross negligence, for death or personal injury, or in any other case where the law does not allow a limit. Nothing in these terms takes away rights that consumers have under mandatory law, including the legal guarantee for digital content and digital services.

Apart from that, and as far as the law allows, our total liability to you is limited to direct damage, and to the amount you paid for Tunaki in the twelve months before the damage arose, with a minimum of 50 euros.

If someone brings a claim against us because of content that you submitted or published in breach of these terms, you will compensate us for the damage and the reasonable costs that follow from it, as far as the breach can be attributed to you.

16. Changes to these terms

We may change these terms, for example when the law, the service or our supplier's conditions change. We announce important changes at least 30 days before they apply, in the apps or by email. If you do not agree, you can stop using Tunaki and delete your account before the change applies. Changes that the law requires, or that only add features, can apply sooner.

17. Law and courts

Dutch law applies to these terms. If you are a consumer, you also keep the protection of the mandatory rules of the country where you live.

Disputes go to the competent court in the Netherlands. If you are a consumer, you can also choose the court that is competent where you live.

18. If you got the app from an app store

These terms are between you and us, not between you and Apple or Google. The store is not responsible for the app, for its content, for support or for claims about it. If the iOS app does not meet a warranty that applies by law, you can tell Apple, and Apple may refund the price you paid for the app, if any. Beyond that Apple has no warranty obligation for the app.

You confirm that you are not located in a country that is under a government embargo and that you are not on a government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these terms and can enforce them against you as far as they concern the iOS app. The store's own terms of use apply as well.

19. Contact

52commerce
Kronenburgsingel 525, unit 3.05, 6831 GM Arnhem, the Netherlands
Chamber of Commerce (KvK) number 83007229
Email: support@tunaki.com

This address is our contact point for users and for authorities. You can write to us in English or Dutch.