Terms of Service
You keep what you make and what you upload, you promise you are allowed to use what you upload, and the Service is early-access software provided as is. The full terms follow.
1.Agreement and who we are
These Terms of Service ("Terms") are a binding agreement between you and Patrick Giles, a sole trader in Australia (ABN 80 946 142 841), trading as Secret Weaponz ("we", "us", "our"). They apply to the Secret Weaponz website, the web app at app.secretweaponz.app, and everything we provide through them (the "Service").
By ticking the box at sign-up, creating an account or using the Service, you accept these Terms and our Privacy Policy. If you do not accept them, do not use the Service. If you use the Service for a company or other organisation, you confirm you have authority to bind it, and "you" includes it.
These Terms include the Privacy Policy and any notices shown in the app, such as token costs. If a notice in the app conflicts with these Terms for that feature, the notice applies.
2.The Service
You load a reference track ("Track A") onto Deck A. The Service analyses its tempo, key and style, then uses AI models to generate a new track ("Track B") on Deck B that is designed to mix with it. You can then perform with both decks, split Track B into stems, arrange and mix it, play loops on the LIVE pads, use the built-in instruments (RUTH, NAOMI and BOAZ), and export the result.
Some of this runs in your browser on your own device. The heavy parts, such as generating Track B and separating stems, run on cloud GPU servers operated by our service providers (section 10). The Service is experimental software. AI output is unpredictable, and analysis results such as tempo, key and beat positions are estimates that can be wrong.
3.Accounts, eligibility and acceptance
You must be at least 18 years old and legally able to enter a contract to use the Service. You must not be barred from receiving it by any sanctions or trade restrictions that apply to you.
You must give accurate sign-up details and keep your login secure. You are responsible for everything done through your account. Tell us promptly at the contact address in section 19 if you think someone else has used it.
Each person may hold one account and receive one set of free tokens. Creating extra accounts to collect free tokens, or using automated sign-ups, breaches these Terms, and we may remove the tokens and close those accounts.
We keep a record of when you accepted these Terms and which version you accepted. You agree that this record is evidence of your acceptance.
4.Your Content
"Your Content" means Track A and any other audio, text or material you load into the Service, including loops and samples dropped on pads, audio imported into the arrangement window, and style notes you type. You keep ownership of Your Content.
Your promises. You promise that:
- you own Your Content, or you hold every licence, permission and consent needed to use it in the Service, including from artists, labels, publishers, performers and collecting societies;
- it is lawful for you to upload it and for us to process it as these Terms and the Privacy Policy describe, including automated analysis, AI-based generation and stem separation;
- it does not infringe, misuse or violate any person's copyright, other intellectual property, privacy or other rights; and
- you have paid any fees or royalties that are due on it.
We do not check whether you have these rights. That responsibility is yours alone. In particular, if you load a commercial recording or another person's work, you confirm that you hold whatever licence or permission you need to use it in the way the Service uses it.
What you give us. A non-exclusive, worldwide, royalty-free licence to host, copy, transmit, analyse, convert and process Your Content, only as needed to run, secure and support the Service for you, to enforce these Terms, and to comply with law. We do not use Your Content to train our AI models, we do not sell it, and we do not listen to or review it. Processing is automated.
How Track A is handled. We do not keep a permanent copy of the Track A audio file on our servers. Temporary working copies on cloud storage are deleted automatically, normally within 24 hours and in any case within 7 days. We keep derived data with your project: tempo, key, beat positions, a style estimate and a compact numerical encoding used to guide generation. We do not save Track A in your browser either: it is held in memory only while you use it, so you load the file again each session, and a saved project keeps only a reference to it. The Privacy Policy gives the full detail.
No monitoring, and your backups. We have no duty to monitor Your Content. We may remove or disable any of it if we receive a complaint or reasonably believe it breaches these Terms or the law. The Service is not a backup or storage service. Keep your own copies of anything you care about.
5.Output
"Output" means Track B, stems, loops, arrangements and exports you create with the Service. As between you and us, you own your Output, to the extent any rights exist in it. We claim no ownership of it. To the extent we hold any rights in it, we give you a perpetual, worldwide, royalty-free licence to use it for any lawful purpose, including commercial release, subject to these Terms and to section 4. You do not have to credit us, but you must not say or imply that we endorse you or your release.
The limits below are real, and by using the Service you accept them:
- Copyright may not apply. In many countries, audio made by AI is not protected by copyright, so you may not be able to stop others copying your Output.
- No similarity check and no guarantee. AI output can accidentally resemble existing music. We do not check Output against any catalogue and we do not promise it is original, or that it is free of third-party rights.
- Your rights depend on Track A. If Track A is a recording you do not have rights in, your rights in Track B are subject to the rights of whoever owns that recording.
- Models and training data. Some of the AI models used are third-party models. We make no statement about what any model was trained on.
- Not unique. Other users can generate similar-sounding material.
Your responsibility. You alone decide whether and how to release, distribute, sell, register or perform Output. That includes checking it, clearing any rights, registering it with collecting societies, and meeting the rules of distributors and platforms, some of which restrict or refuse AI-generated music. We make no promise that Output is eligible for distribution, content-ID registration or royalties.
Storage. Your saved projects, and the audio in them, are kept in your browser on your device. To let you work, we keep working copies of Track B, stems and drum-split results on cloud storage, and we delete them automatically within 2 days. We keep your library and session entries until you delete them or your account is closed. We are not a storage or backup service, so export and keep your own copies.
6.Tokens, payments and refunds
Tokens pay for the parts of the Service that run on cloud GPUs. Every new account gets 10 free tokens once, enough for 5 generations. After that you buy token packs when you need them. There is no subscription.
- Cost. Generating a Track B uses 2 tokens. Splitting a track into stems uses 1 token. Splitting a drum stem into kick, snare and percussion uses 1 token. The cost is shown in the app before you confirm. Re-opening something you have already split costs nothing. We may change token costs for future use, with notice in the app.
- Expiry. Tokens do not expire while your account is open and in good standing. If an account has been inactive for 24 months, we may close it and the tokens lapse, after 60 days' notice by email.
- Failed jobs. If a job fails or times out on our side, the tokens it used are returned to your balance automatically. We may also correct your balance if we find an error.
- Prices and tax. Pack prices are shown at checkout. Taxes such as GST or VAT are added where required. Payments are handled by Stripe. We never see or store your card details.
- No cash value. Tokens cannot be exchanged for money, transferred or sold. Free and promotional tokens have no monetary value, and we may remove them if they were obtained by breaching these Terms.
- Refunds. You can ask for a refund of unused tokens from a pack within 14 days of buying it, by emailing us. Tokens already spent are not refundable, except for failed jobs as above and where the law requires. By spending purchased tokens, you ask us to begin the service immediately and you agree that you lose your right to cancel for the part already used. Nothing here limits your rights under consumer law, including the Australian Consumer Law and EU and UK consumer law.
- Mistakes. If a price or token amount is obviously wrong, we may correct it, or cancel the purchase and refund it.
- Disputes and chargebacks. If a charge looks wrong, contact us first and we will fix real mistakes quickly. If you open a chargeback or payment dispute, we may suspend your account and remove the tokens bought with the disputed payment while it is open.
7.Acceptable use
You agree not to:
- upload or use audio or other material you have no right to use, or use Output in a way that infringes anyone's rights;
- upload anything unlawful, including child sexual abuse material, malware, or material that incites violence or hatred;
- reverse-engineer, decompile or probe the Service, except as the law allows despite this clause;
- extract, copy or scrape our models, prompts, Output or data at scale, or use the Service or its Output to train, tune or build another AI model or a competing service;
- use bots, scripts or other automated means to access the Service, other than through our own interface;
- bypass or interfere with token limits, rate limits, sign-up limits, payments or security measures, including with multiple accounts;
- share your login, or resell, transfer or lend tokens or access;
- harass anyone, or use Output to impersonate a real artist in a misleading way;
- try to access another user's account or data; or
- use the Service in breach of any law.
You may use the Service to make, perform and release your own music, including commercially, within these Terms. We may investigate suspected breaches and take any action these Terms allow.
8.Copyright complaints and takedowns
We respect copyright. If you believe something stored on the Service infringes your copyright, send a notice to the contact address in section 19 with:
- your name and contact details;
- a description of the work you say is infringed;
- enough detail for us to find the material (a link, account name or project name);
- a statement that you believe in good faith that the use is not authorised by the owner, its agent or the law;
- a statement, under penalty of perjury, that the notice is accurate and that you are the owner or authorised to act for the owner; and
- your signature, typed or written.
We may remove or disable the material, suspend the account concerned, and tell the account holder about the notice. If you think material was removed by mistake, you can send a counter-notice with your contact details, a description of the material, a statement under penalty of perjury that you believe it was removed by mistake or misidentified, and your consent to the courts of Western Australia or, if you are in the United States, your local federal court. We may restore the material unless the complainant tells us within 14 days that they have started legal action.
We may close the accounts of users who repeatedly infringe copyright. Anyone who knowingly sends a false notice or counter-notice may be liable for the resulting damages.
9.Our intellectual property and third-party software
We own the Service, including its software, design, interface, names, logos and the models and instruments we build, apart from Your Content, your Output and third-party material. We give you a personal, non-exclusive, non-transferable, revocable licence to use the Service as these Terms allow. You may not copy, modify, distribute, sell or lease any part of the Service, except as the law allows despite this clause.
If you send us feedback or ideas, you give us a perpetual, worldwide, royalty-free licence to use them without credit or payment.
The Service includes third-party open-source software, which is credited in the app's Acknowledgements. Those components are licensed under their own terms, which apply to them.
10.Third-party services and AI models
We rely on other companies to run the Service: Clerk for sign-in, Stripe for payments, RunPod for cloud GPU processing, Cloudflare for hosting and file storage, and Railway for our servers and database. Your data reaches them only as needed to provide the Service, as the Privacy Policy describes. Their own terms apply to their part of the work, and we may change providers at any time.
Some of the AI models used to analyse, separate and generate audio are built by third parties. We do not control how those models were trained or how they behave. We are not responsible for the acts, outages or failures of third-party providers or models, except where the law says we cannot exclude that responsibility.
11.Availability, early access and live performance
Secret Weaponz is a new product and is still being improved. We aim to keep it running but do not promise it will always be available, error-free, fast or secure. Cloud GPU servers may need a few minutes to warm up when they have been idle, so a first job can take longer than later ones. We may change, pause or remove features, and we will try to give notice when a change affects something you have paid for.
Live use is at your own risk. Do not rely on the Service as your only source of playback, or as the only copy of anything, at a live event or paid performance. Test your setup beforehand and bring your own backup. We are not liable for any glitch, dropout, latency, crash or loss of audio or data during a performance.
Protect your hearing. You are responsible for using safe listening and playback levels.
12.Suspension, deletion and termination
You can stop using the Service and ask us to delete your account at any time, by emailing the contact address in section 19.
We may suspend or close an account, remove content, or limit access at any time if you breach these Terms, if we reasonably think your use puts the Service, us or other users at risk, if a rights-holder or authority asks us to, or if we must do so to follow the law. If we close your account for your breach, free tokens are lost, and to the extent the law allows we need not refund purchased tokens. If we close your account for any other reason, or shut the Service down, we refund the unused tokens you bought.
When an account is closed, we delete your stored content as set out in the Privacy Policy, apart from records we must keep by law. Sections that by their nature should continue (including 4, 5, 8, 9, 13, 14, 15, 17 and 18) stay in force after your account ends.
13.Disclaimers
The Service, Output and everything we provide are supplied "as is" and "as available". To the maximum extent the law allows, we exclude all warranties, conditions and guarantees, express or implied, including those of merchantability, fitness for a particular purpose, non-infringement, accuracy, availability, security, and that Output will be original, free of third-party rights, or suitable for release.
Your rights under consumer law that cannot be excluded, including the Australian Consumer Law and EU and UK consumer law, are not affected. Where a law implies a guarantee into these Terms that cannot be excluded, our liability for breaching it is limited, to the extent the law allows, to supplying the service again or paying the cost of having it supplied again.
14.Limitation of liability
To the maximum extent the law allows:
- No indirect loss. We are not liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, income, goodwill, data, business or opportunity, or for the cost of replacement services, however it arises.
- Release and third-party claims. We are not liable for any loss, takedown, claim or demand that arises from your release, distribution or performance of Output, or from Your Content.
- Cap. Our total liability to you for all claims connected with the Service or these Terms, whether in contract, tort (including negligence), under statute or otherwise, is limited to the greater of (a) the amount you paid us in the 12 months before the event that gave rise to the claim, and (b) AUD 100.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or your non-excludable rights under consumer law.
You accept that these limits are reasonable and are a fundamental basis on which we offer the Service at this price, including free access.
15.Indemnity
You agree to defend, indemnify and hold harmless Patrick Giles, and anyone who works with or for us, from and against all claims, demands, losses, damages, penalties and costs, including reasonable legal fees, that arise out of or relate to: Your Content; your use, release, distribution or performance of Output; your breach of these Terms; or your breach of any law or any person's rights.
We will tell you promptly about any claim we want you to cover. You may run its defence with lawyers we reasonably accept, but you may not settle it in a way that admits fault for us or restricts us without our written consent. This section applies to consumers only to the extent the law allows.
16.Changes to the Service and these Terms
We may update these Terms. For material changes we give at least 30 days' notice by email or in the app, except where a change is needed sooner for legal, security or safety reasons. If you keep using the Service after the date given, or tick to accept new Terms where we ask, you accept them. If you do not accept the new Terms, you can close your account and ask for a refund of unused purchased tokens.
We may also change, suspend or end any part of the Service, as section 11 explains.
17.Governing law and disputes
These Terms, and any dispute connected with them or the Service, are governed by the laws of Western Australia, Australia. Subject to the next paragraph, the courts of Western Australia have jurisdiction, and you and we submit to them.
Before starting formal proceedings, each side will first try to settle the dispute informally. Email us at the contact address in section 19 with a short description of the problem and what you want, and we will try to resolve it within 30 days. This does not stop either side seeking urgent court relief.
If you are a consumer, you keep the mandatory protections of the law of the country where you live, and nothing in this section removes your right to bring a claim in the courts of that country where the law gives you that right.
18.General
- Whole agreement. These Terms and the Privacy Policy are the whole agreement between you and us about the Service, and replace anything earlier.
- If a clause fails. If a part of these Terms is found unenforceable, it is limited to the least extent needed and the rest stays in force.
- No waiver. If we do not enforce a right straight away, we have not given it up.
- Transfer. We may transfer these Terms and the Service to a company or other successor that takes over the business, including if we incorporate it. You may not transfer your rights or duties without our written consent.
- Events outside our control. We are not liable for delay or failure caused by events outside our reasonable control, including outages of internet, cloud or payment providers.
- Notices. We may give you notice by email to your account address or in the app. You can give us notice at the contact address in section 19.
- No partnership. Nothing in these Terms makes you our partner, agent or employee. Only you and we have rights under these Terms.
- Language. These Terms are written in English, and the English version prevails over any translation.
19.Contact
Patrick Giles, trading as Secret WeaponzABN 80 946 142 841
49 Caledonia Loop, North Coogee, Western Australia 6163, Australia
Email: hello@secretweaponz.app