End User License Agreement (EULA) for Kagotraxx
PLEASE READ THIS END USER LICENSE AGREEMENT ("EULA") CAREFULLY BEFORE USING Kagotraxx. BY USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS EULA. IF YOU DO NOT AGREE TO THE TERMS OF THIS EULA, DO NOT USE THE SERVICE.
DEFINITIONS
In this Agreement, the following terms shall have the meanings set forth below: (a) "Kagotraxx service" means the algoritmic service provided by Kagotraxx, accessible via the internet, including any updates or modifications thereto. (b) "Music generated by Kagotraxx", hereafter referred as "Music" means the tracks generated by "Kagotraxx" service and made available to the user for further derivative works and potentially commercial exploitation. By accessing and using "Kagotraxx service", you acknowledge and agree that any music generated by Kagotraxx ("Music") is accessible only upon acceptance of the "Kagotraxx service" outlined in clause (a) below. As such, all provisions outlined in clause (b) are subordinated to clause (a) and cannot be excluded.
LICENSE GRANT
Subject to the terms and conditions of this EULA, Kagotraxx hereby grants you a limited, non-exclusive, non-transferable, revocable license to access and use Kagotraxx and the Service solely for your personal, non-commercial use.
RESTRICTIONS
(a) You shall not sublicense, sell, transfer, distribute, or otherwise commercially exploit "Kagotraxx" service. (b) You shall not modify, adapt, translate, reverse engineer, decompile, or disassemble "Kagotraxx service". (c) You shall not use "Kagotraxx service" for any unlawful purpose or in any manner that violates any applicable laws or regulations. (d) You shall not use "Kagotraxx service" to create any derivative works.
MODIFICATIONS, SUSPENSION, OR TERMINATION OF SERVICE
Kagotraxx reserves the right to modify, suspend, or terminate, temporarily or permanently, the "Kagotraxx service" without any obligation to notify. Consequently, you consent that Kagotraxx shall not be liable to you or any third party for any modification, suspension, or discontinuation of the "kagotraxx service".
INTELLECTUAL PROPERTY RIGHTS
Kagotraxx retains all right, title, and interest in and to Kagotraxx and the Service, including all intellectual property rights therein. This EULA does not convey to you any rights of ownership in Kagotraxx or the Service, but only a limited right to access and use in accordance with the terms and conditions of this EULA.
LIMITATION OF LIABILITY
In no event shall Kagotraxx be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising out of or in connection with your use of "Kagotraxx service" or the "music".
NO LIABILITY FOR DAMAGES
You agree that Kagotraxx shall not be responsible or liable for any type of damage, whether economic, moral, to honor, or image, including extreme cases of physical harm or death, whether to you or any third party, arising from the use of "Kagotraxx service" or the "music".
TERMINATION
This EULA is effective until terminated. Kagotraxx may terminate this EULA at any time without notice if you fail to comply with any term or condition of this EULA. Upon termination of this EULA, you shall cease all use of Kagotraxx and the Service and destroy all copies of "Music" thereof in your possession or control
COPYRIGHT CLAIMS AND TAKEDOWNS
In the event of non-compliance with the terms of this agreement or unilateral termination of this agreement by Kagotrax, Kagotraxx reserves the right to initiate copyright claims or takedown requests for any material posted, synchronized, or edited on any web platform, music distribution channel, physical medium, using existing or yet-to-be-invented technology, valid for the entire universe territory.
USER RIGHTS TO MUSIC
Only the user who has consented to the service as outlined in point (a) has the right to use the "music" as outlined in point (b) for any purpose, personal or commercial, and to create derivative works from it. This includes the right to commercially exploit the "Music" through any method, except for: a) Using it to create a new service similar to "Kagotraxx service". b) Reselling Kagotraxx's Music to third parties, without any modifications, under the guise of "ghost production" through any known or yet-to-be-invented mechanism.
LEGAL IMPEDIMENTS
In the event that past, present or future government laws, music distributions or royalties collecting societies forbid commercial exploitation, use, creation or accounting for music created by artificial intelligence or similar technologies, Kagotraxx shall not be responsible or liable, and no refunds will be issued for such circumstances.
DISPUTES
You agree that you are solely responsible for your interactions and agreements present, past, or future whether oral, written or made in any manner now known or yet to be invented with any other individual, entity, company, or government entity, religious organization, or any type of association or foundation, outside of Kagotraxx, and Kagotraxx will have no liability or responsibility with respect thereto. Kagotraxx reserves the right, but has no obligation, to become involved in any way with disputes between you and anyone. Additionally, the end user is responsible for the use of the "music" provided by Kagotraxx through their service and therefore Kagotraxx cannot be held liable for any present, past, or future agreement whether oral, written or stipulated in any manner now known or yet to be invented, betweeen the user with any third party, whether they are individuals, entities, companies, or government entities,religious organization, or any type of association or foundation.
PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF
you and kagotraxx agree that any claims against each other shall be brought solely on an individual basis. neither party shall pursue or participate in any class or representative action or proceeding. the arbitrator shall not consolidate or join claims of multiple individuals or parties, nor preside over any consolidated, representative, or class proceeding. the arbitrator may only award relief to an individual party and only to the extent necessary to remedy that party's individual claim(s). however, the arbitrator may grant public injunctive relief under applicable law to ensure the enforceability of this provision.
PAYMENT PROCESSING
Notwithstanding any amounts owed to Kagotraxx hereunder, KAGOTRAXX DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use PayPal, Inc. and its affiliates ("PayPal"), a third-party payment processor. These payment processing services are provided by PayPal and are subject to the PayPal terms and conditions and other policies available at this link (collectively, the "PayPal Agreements"). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the PayPal Agreements, as the same may be modified by PayPal from time to time. You hereby authorize PayPal to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact PayPal for more information. Kagotraxx assumes no liability or responsibility for any payments you make through the Service.
DISCLAIMER OF WARRANTIES
By consenting to the use of "Kagotraxx service", you acknowledge and agree that "Kagotraxx service" and "music" are provided "AS IS" without warranties of any kind, and you further agree that you shall not seek additional warranties of any kind or demand anything further from Kagotraxx.
GOVERNING LAW
This EULA shall be governed by and construed in accordance with the laws, without regard to its conflicts of law provisions.
ENTIRE AGREEMENT
This EULA constitutes the entire agreement between you and Kagotraxx regarding your use of Kagotraxx and the Service, and supersedes all prior or contemporaneous communications, whether oral or written, between you and Kagotraxx regarding such subject matter.
CONTACT INFORMATION
If you have any questions or concerns about this EULA, please contact Kagotraxx at [Insert Contact Information].