Terms and Conditions

Last updated: [date]

1. Who we are

The Hertz Moon vBand service (the "Service") is provided by Fabio Scafetta, a natural person, based at Via del Molinello 16, Termoli (CB), Italy, reachable at info@moondreamusicai.com (the "Owner", "we").

2. Scope and acceptance

These Terms govern the use of the website moondreamusicai.com, the Hertz Moon vBand application and related services. By registering or using the Service, you accept these Terms. If you do not accept them, do not use the Service.

3. Requirements and account

• To register you must be at least 18 years old (or the legal age set by your country) and have the capacity to enter into a binding contract.
• You register with email and password. You are responsible for the accuracy of the data you provide and for keeping your credentials safe. Activities carried out with your account are deemed to be carried out by you.
• One account per person is allowed. We may suspend or close accounts that violate these Terms or are used fraudulently.

4. The Service and credits

• The Service lets you process your audio files through artificial-intelligence features (generating a virtual band, separating tracks, arranging, harmony, recording, etc.). Some features are continuously evolving.
• Some features use a credit system. On registration you receive 25 welcome credits. Saving a recording in the standard way is always free.
• Credits are an internal unit for using the Service: they have no monetary value, are not transferable and are not convertible into money, except for the refund cases set out in article 6 below.
• Credits do not expire.

5. Prices and payments

• Additional credits are purchased at the prices shown on the site or in the app at the time of purchase. Prices may change for future purchases.
• Payments are handled by the external provider Stripe. We do not process or store your card details.
• Any applicable taxes are shown or calculated at checkout, where required.

6. Right of withdrawal and refunds

• Credits are digital content supplied immediately. By purchasing and using credits, you request immediate performance of the Service and acknowledge that you lose the right of withdrawal on credits as they are used.
• Credits already used: non-refundable.
• Credits purchased but not yet used: you can request a refund within 14 days of purchase by writing to info@moondreamusicai.com. The refund, equal to the share of unused credits, will be made using the same payment method (via Stripe) within 14 days of the request.
• Mandatory consumer-protection rights provided by law remain unaffected.

7. Your content (audio files)

• You keep ownership of the files you upload. You grant us a limited license to process them solely to provide the result you requested. Uploaded files are processed and the temporary files are automatically removed after processing.
• The results are yours. What you generate with the Service (including the virtual band) is yours and you may use it freely, including publishing and commercially exploiting your music, provided you respect the rights in the content you uploaded. This applies both to the free welcome credits and to paid credits.
• You warrant that you hold all the necessary rights in the content you upload (or that you are authorized to use it) and that you do not infringe copyright or other third-party rights. You are solely responsible for the content you upload.
• You agree to hold the Owner harmless from any third-party claim arising from content you upload in breach of the above.

8. Acceptable use and prohibitions

You agree not to:

• use the Service for unlawful purposes or to infringe third-party rights;
• upload content you do not have the rights to;
• attempt to circumvent the Service's limits, credits or security measures, or abuse them (e.g. creating multiple accounts to repeatedly obtain free credits);
• decompile, reverse-engineer or copy the software, except as permitted by law.

9. Intellectual property

The software, the site, the trademarks, logos and content of the Service belong to the Owner or its licensors and are protected by law. These Terms do not transfer to you any right in the software beyond the right to use it under these conditions.

10. Availability of the Service

The Service is provided "as is" and "as available". We do our best to keep it working well, but we do not guarantee that it will always be free of interruptions or errors. We may modify, suspend or discontinue features of the Service, giving notice where reasonably possible.

Some features may require third-party software or websites that we neither provide nor manage. In particular, to open and export sheet music to PDF (generated in MusicXML format) you need external notation programs such as MuseScore, Dorico, Finale or Sibelius. We are not responsible for the operation, availability, costs, licenses or any malfunction of such third-party software and websites; their use is subject to their respective terms and conditions.

11. Limitation of liability

To the maximum extent permitted by law, the Owner is not liable for indirect damages, loss of data or loss of profits arising from the use of, or inability to use, the Service. Nothing in these Terms excludes or limits liability that cannot be excluded by law, including mandatory consumer protections.

12. Suspension and closure

You may close your account at any time. We may suspend or close the account in case of breach of these Terms, fraudulent or abusive use, or legal obligations.

13. Changes to the Terms

We may update these Terms over time. Changes will be published on this page with the update date; continued use of the Service after publication constitutes acceptance.

14. Governing law and jurisdiction

These Terms are governed by Italian law. The mandatory protections and the courts provided by the law of the consumer's country of residence remain unaffected. For non-consumers, the competent court is that of Termoli.

15. Contact

For any questions about these Terms: info@moondreamusicai.com