Humelodica terms of use

Last updated: [date of publication]

1. About these terms

Humelodica is run by Ness Grixti Ltd ("we", "us"), registered in England and Wales, company number 15259089, registered office 167–169 Great Portland Street, London W1W 5PF. Contact: hello@humelodica.app.

Two documents apply:

1. Apple's Licensed Application End User Licence Agreement (apple.com/legal/internet-services/itunes/dev/stdeula) gives you the right to install and use the app;
2. these terms cover everything else: your account, your music, the sounds in the app and paid plans.

If the two conflict about the licence to the app itself, Apple's licence applies. Nothing in either takes away your legal rights as a consumer. Our Privacy Policy explains how we handle your data.

2. Your music is yours

• You own the songs you make with Humelodica: your hums, recordings, melodies, lyrics, the songs themselves and every file you export from them (audio, stems, MIDI and loops).
• That includes the parts the app makes for you: backing, drums, harmonies, and melodies the app writes. We assign to you any rights we have, or later get, in what you make. If that assignment doesn't work for any reason, we give you an exclusive, permanent, free licence of those rights, and we promise never to enforce them against you or anyone you license. We don't promise that copyright exists in every arrangement (the law on computer-made music is still settling), but whatever rights there are, you have them, not us.
• You can use your songs for anything: release them on streaming services, sell them, use them in videos, films, games, adverts or podcasts, register them with a collecting society, or license them to others. You don't owe us royalties and you don't need our permission.
• You don't have to credit Humelodica (though we'd love it if you did), or any of the sounds in it.
• This is the same on every plan, free or paid.

3. What we're allowed to do with your music

So that the app can work, you let us store, copy, back up, sync, process and play back your songs and recordings, only to provide Humelodica to you, keep it working and secure, and meet our legal obligations. Our Privacy Policy says exactly when we'd ever open one of your songs. The companies that host our systems may do the same on our behalf. This permission:

• is not a right to publish, sell or advertise with your music. We won't use it in marketing unless you give us separate permission;
• does not allow us or anyone else to train AI on your music. We never will;
• ends when you delete the song or your account (copies in backups are overwritten within 30 days).

4. Originality: please check before you release

• A melody from your hum, or a melody the app writes for you, can closely resemble an existing song, often without anyone realising.
• The app arranges songs using musical rules and patterns common to lots of music. Other people using Humelodica can get similar backings, chord progressions or grooves. That's normal in music, and it means an arrangement isn't unique to you.
• We don't check your songs against existing music, and we can't promise that a song made with Humelodica doesn't infringe someone else's rights.
• So before you release, sell or license a song commercially, it's up to you to make sure it doesn't copy someone else's work, and that you have the rights to anything you added (for example lyrics or someone else's vocals).

5. The sounds in Humelodica

• Humelodica's instruments are built from open sound libraries, which we've selected, processed, tuned and arranged into playable instruments. You can use them in your songs, including commercial releases, stems, loops and remixes, royalty-free.
• Please don't share or sell our versions of the sounds on their own (our processed samples, instruments and presets, for example single notes or drum hits cut out of a song) as samples, sample packs or sound libraries, use them to build a competing instrument or app, or use them as a dataset to train AI. Your songs, and the audio, stems, MIDI files and loops you export from them, aren't sounds on their own: they're yours to use however you like, including as music for videos and games.
• The original sounds come from their creators under open licences, listed in the app under Profile → About → Sound sources. For those original sounds, their licence decides what you can do; nothing in these terms takes away rights those licences give you.
• No credit line is needed for any sound in your songs. The licences that ask for a notice (for example the MIT licence of FluidR3) ask for it in the app, and Profile → About → Sound sources carries it.

6. Your account

• Without an account you can make one song at a time on your device and share one MP3 of it. Backing up, WAV, stems, MIDI, loops, more songs and paid plans need a free account.
• Give us an email address you can access, and don't share your sign-in codes.
• You can delete your account in the app (Profile → Delete account, at the bottom of the page). This deletes your account and your backed-up songs and recordings. Export anything you want to keep first. Deleting your account doesn't cancel an App Store subscription; cancel it first (Profile → Pro → Cancel Pro, or your device's Settings → [your name] → Subscriptions).
• Age. You don't need an account to use Humelodica on your own device. You must be 13 or over to create an account or buy anything, and if you're under 18 you should have a parent's or guardian's permission.

7. Using Humelodica fairly

Please don't:

• record or add material you don't have the right to use, or use Humelodica to infringe someone's copyright;
• try to break, overload, hack or reverse-engineer the service, or access anyone else's account or data;
• use Humelodica to harass anyone or to make anything illegal.

If you do, we may suspend or close your account after telling you why, unless the law or someone's safety stops us from telling you. Unless the law stops us, you'll get the chance to export your songs first. You can always contact us to challenge a decision.

8. Plans, payments and cancelling

• Humelodica has a free plan and one paid plan, Pro, a monthly or yearly subscription. Prices are shown in the app before you buy, in your local currency, including any tax.
• All purchases are made through Apple's App Store, and Apple's terms apply to payment. Apple charges your Apple account; we never see your card details.
• Free trial: if a plan offers one, it becomes a paid subscription at the end of the trial unless you cancel at least 24 hours before it ends.
• Subscriptions renew automatically at the end of each period until you cancel. To cancel, open Profile → Pro → Cancel Pro in the app, or go to Settings → [your name] → Subscriptions on your device. You keep Pro until the end of the period you've paid for.
• Refunds are handled by Apple. If you're in the UK or EU, Apple's terms let you cancel a purchase within 14 days in many cases: ask at reportaproblem.apple.com. Nothing here affects your legal rights.
• If your plan ends, your songs stay yours and stay in your account. You can always open and play them. On the free plan each song can be exported as an MP3 once (sharing that same version again is free); exporting a song again after you've changed it needs Pro. WAV, stems, MIDI, loops and new songs beyond the free limit need Pro.
• If we change prices, the change applies from your next renewal, and you'll be told in advance.

9. Changes to Humelodica, and if we ever close

• We only change or remove features for good reasons, such as security, the law, or keeping the app working well. If a change makes a paid plan significantly worse for you, we'll tell you at least 30 days ahead, and you can cancel.
• If we ever decide to close Humelodica, we'll give you at least 60 days' notice in the app and by email, make sure you can export your songs, and stop renewals. We'll help you get a refund, through Apple, for time you've paid for but can't use.

10. If something goes wrong: our responsibility

• Your legal rights aren't affected. If you're a consumer in the UK, you have legal rights, including that the app is as described, fit for purpose and of satisfactory quality, and that we provide the service with reasonable care and skill. Nothing in these terms limits them.
• We're not responsible for losses that weren't foreseeable, for business losses (such as lost income from a release), or for losses caused by your own content or by breaking these terms.
• Keep your own copies. We work hard to back up your music, but please export songs that matter to you.
• Where the law allows us to limit our liability, it's limited to the greater of what you paid us in the last 12 months and £100.
• Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else the law doesn't allow us to limit, including damage to your device caused by faulty digital content.

11. Copyright complaints

Email hello@humelodica.app with your contact details, the work you own, where the material is and why you believe it infringes, and a statement that the information is accurate and that you own the rights or act for the owner. We'll look into it promptly and tell the account holder, who can respond. [If US users become significant: add a DMCA-registered agent and counter-notice process.]

12. The law that applies

• These terms are governed by the law of England and Wales.
• If you're a consumer, you can bring a claim in the courts of England and Wales, or in the courts of where you live, and you keep the protection of the mandatory consumer laws of your country. Nothing here forces you into arbitration.

13. Changes to these terms

If we change these terms in a way that matters, we'll tell you at least 30 days before the change takes effect: in the app, and by email if you have an account. If you don't agree, you can stop using Humelodica and delete your account; a subscription can be cancelled through Apple.

14. Contact

hello@humelodica.app

Humelodica is a product of Ness Grixti Ltd, registered in England and Wales, company number 15259089. Registered office: 167–169 Great Portland Street, London W1W 5PF. Email: hello@humelodica.app.