Terms of Service

Effective Date: April 11, 2025

These Terms of Service ("Terms") govern your access to and use of the Tchaikovsky web application and related services (collectively, the "Service") operated by Broken Duck Media Co., Ltd. ("we," "our," or "us"), based in Chiang Mai, Thailand. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

1. Eligibility

You must be at least 13 years old (or 16 where required by local law) to use the Service. By using the Service, you represent and warrant that you meet this requirement and have the authority to enter into a binding agreement.

2. Use of the Service

You may use the Service solely for lawful purposes and in accordance with these Terms. You agree not to use the Service to generate, upload, or distribute content that is harmful, offensive, defamatory, or in violation of any applicable laws or regulations.

3. Accounts and Security

To access certain features, you must create an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account.

4. Ownership and Intellectual Property

All software, code, branding, trademarks, and backend systems of the Service are the exclusive property of Broken Duck Media Co., Ltd. and are protected by intellectual property laws. Your use of the Service does not grant you any ownership rights in the Service itself.

5. User Content and MIDI Templates

Users may upload MIDI templates and other content ("User Content") to the Service. You retain full ownership of any User Content you upload. We do not claim any ownership rights over your uploaded files. By uploading User Content, you grant us a limited, non-exclusive license to store and display it for the purpose of operating the Service.

6. AI-Generated Content

The Service allows users to generate musical compositions ("Generated Content") using artificial intelligence models. Ownership and usage rights for Generated Content depend on your subscription tier:

• Free Plan: You are granted a non-exclusive license to use Generated Content for personal use only. Attribution to Tchaikovsky is required for any public use. Commercial use is not permitted under the Free Plan.
• Standard and Pro Plans: You are granted full commercial rights to Generated Content, including the rights to distribute, perform, and sell without attribution. You retain all ownership of Generated Content created under your account.

7. Payments, Subscriptions, and Cancellations

Access to certain features requires a paid subscription. Subscription fees are billed monthly in advance. You may cancel your subscription at any time through your account settings. Your access to paid features will continue until the end of your current billing cycle. We do not offer refunds for unused time or partial billing periods.

8. Termination and Suspension

We may suspend or terminate your access to the Service at our discretion, with or without notice, if you violate these Terms or if we believe your actions may cause harm to the Service or other users. Upon termination, your right to use the Service will cease immediately.

9. Disclaimer of Warranties

The Service is provided "as is" and "as available," without any warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Service will be uninterrupted, secure, or error-free.

10. Limitation of Liability

To the fullest extent permitted by law, Broken Duck Media Co., Ltd. shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising out of or related to your use or inability to use the Service. Our total liability for any claim arising out of these Terms or the Service will not exceed the amount you have paid to us in the twelve (12) months preceding the claim.

11. Indemnification

You agree to defend, indemnify, and hold harmless Broken Duck Media Co., Ltd., its affiliates, and its employees from any claims, damages, obligations, losses, liabilities, or expenses (including attorneys' fees) arising from your use of the Service, your violation of these Terms, or your infringement of any intellectual property or other rights of any person or entity.

12. Changes to the Service

We reserve the right to modify or discontinue the Service (or any part thereof) at any time, temporarily or permanently, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

13. Changes to These Terms

We may revise these Terms from time to time. We will post the updated Terms on this page and update the effective date. Your continued use of the Service after the changes become effective constitutes your acceptance of the revised Terms.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of Thailand, without regard to its conflict of law provisions. Any disputes arising from or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of Thailand.

15. Contact Us

If you have any questions about these Terms, please contact us at:

Email: legal@brokenduckmedia.com

Postal Address: Broken Duck Media Co., Ltd., Chiang Mai, Thailand