1) Agreement to Terms
These Terms of Service /User Agreement (the “Terms” or “Agreement”) constitute a legally binding agreement between Kirusa Inc. (“Company,” “we,” “us,” or “our”) and you, whether personally or on behalf of an entity (“you” or “User”), covering your access to and use of https://melodycrafters.com/ website and including but not limited to related web pages and communication channels (collectively the “Site”).
1.1 What we do.
MelodyCrafters is a made-to-order consumer service. You place a paid request and provide creative inputs; we then craft a custom song and/or video (which may include voice cloning, audio/video synthesis, animation, body movements, or lip-sync). Each purchase includes up to four (4) iterations for adjustments (the “Services”). We may use third-party service providers and creative tools to deliver the Services; however, we do not specify any particular tools in these Terms.
1.2 Preliminary Terms
By accessing or using the Site, you confirm you have read, understood, and agree to be bound by these Terms. If you disagree, you are prohibited from using or accessing the Site.
We are not liable for any consequences arising from the user’s unauthorised use.
Supplemental terms, conditions or documents on the Site are incorporated by reference. We may update these Terms at our sole discretion. Your continued use of the Site subsequent to the changes being made constitutes as an acceptance of the updated Terms. It is Your responsibility and obligation to review these Terms periodically.
The Site is intended for worldwide use, including Senegal, Democratic Republic of Congo (DRC), Ghana, Mali, Burkina Faso, Togo, Malawi, Zambia, Lesotho, Eswatini, Côte d’Ivoire (Ivory Coast), Benin, India, and the United States (the “Relevant Jurisdiction”). It is not designed for distribution or use in jurisdictions where such use would violate local laws or require us to register. You are solely responsible for compliance with applicable laws in your Relevant Jurisdiction, including but not limited to General Data Protection Regulation (GDPR) (EU), Digital Personal Data Protection Act, 2023 (DPDP Act) (India), and applicable African data protection laws ( including but not limited to Senegal Law No. 2008-12; Ghana DPA, 2012; Côte d’Ivoire Law No. 2013-450; Burkina Faso Law No. 010-2004/AN).
The Site is not designed to comply with industry-specific rules such as Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA) or such applicable laws of similar nature. If your use is subject to such laws, you may not use the Site. Use in violation of laws like the Gramm-Leach-Bliley Act (GLBA) or African data protection laws is prohibited.
The Site is intended for users 18 years of age and older. Minors under 18 are not permitted to use or register for the Site. By accessing the Site, the User acknowledges he/she is 18 years of age and is capable of entering into this Agreement in accordance with the applicable laws of the Relevant Jurisdiction in which the User resides.
2) Intellectual Property: User Content, Generated Content & Feedback
2.1 Key terms/Definitions
User Content: Content such as stories, prompts, lyrics, voice recordings/samples, images, video, references, metadata, or other materials of similar nature.
Generated Content: The output we create from or using your User Content—custom songs, stems, videos, animations, and related files.
Feedback: Suggestions, ideas, questions, comments, or proposals about the Site or Services.
Personal Data: Has the meaning in our Privacy Policy which can be accessed at https://melodycrafters.com/privacy-policy.
2.2 Company IP
Unless otherwise stated, the Site, including all source code, databases, functionality, software, designs, text, audio, and graphics (collectively, “Content”), and trademarks, service marks, and logos (“Marks”), is our proprietary property or licensed to us, protected by U.S. and international copyright, trademark, and other intellectual property laws. Content and Marks are provided “AS IS” for your information and personal use only..
2.3 Your ownership
You own your User Content. You also own the Generated Content produced from your User Content, subject to these Terms and the rights of third parties. You are solely responsible for complying with the applicable laws in your Relevant Jurisdiction and to ensure that the rights of third parties are not being violated.
We are not be liable for any injury, damage or other consequence arising out of any inaccuracy in the information provided by the User on the Site.
2.4 License to User Content (to run the service)
You grant us a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, transcode, modify for technical/formatting purposes, analyze, and otherwise process your User Content solely to operate, provide, maintain, secure, troubleshoot, and improve the Services; to enforce these Terms (including safety/abuse prevention); and to comply with applicable laws in the Relevant Jurisdiction. If you choose to make content public within the Services, you also grant us the right to display and distribute it there. You represent and warrant that you have all necessary rights, consents, and permissions to submit User Content, including voice samples, and that they do not infringe third-party rights (e.g., privacy, publicity). You retain ownership of User Content and Generated Content derived solely from them. We own improvements to our technology or general knowledge gained from processing User Content in an anonymized or aggregated form. We do not use User Content to train our models unless you give us an express consent for the same.
Nothing in this Agreement shall imply or be deemed or construed to mean that any right, title and interest (including but not limited to intellectual property rights) in the Content or Marks stands transferred or assigned to the User by the Company
2.5 Moral rights; permissions
To the extent permitted by law, you waive (or agree not to assert against us and our sublicensees) any moral or similar rights in your User Content and Generated Content that would conflict with the rights granted in Clause 2.4 above.
2.6 Commercial use of Generated Content
Subject to these Terms and others’ rights, you may download, use, publicly perform, display, distribute, sell, stream, monetise, and otherwise commercially exploit your Generated Content worldwide. You are solely responsible for complying with the applicable laws in your Relevant Jurisdiction and to ensure that the rights of third parties are not being violated by such use. We do not claim ownership of your Generated Content, and we do not train our models on your User Content. We do not promise that Generated Content is registrable or protectable under copyright or trademark in any jurisdiction.
2.7 Improvements; usage data; de-identified data
We own (a) improvements to our Services/models/systems, (b) usage data and analytics arising from use of the Services, and (c) aggregated or de-identified data that does not identify you or the User Content. This does not grant us any rights in your User Content or Generated Content beyond Clause 2.4.
2.8 Third-party service providers (creative & infrastructure)
We may use third-party providers and creative tools to generate, process, store, or deliver audio/video and related assets. We do not name specific tools in these Terms. Your rights in Generated Content remain as stated above.
2.9 Voice, likeness, and anti-impersonation
You represent and warrant that any voice or image/likeness you provide is yours or that you have all necessary consents and rights from the person concerned. You will not use the Services to impersonate anyone, create deceptive “deepfakes,” violate privacy, publicity rights or for performing any task in violation of the applicable laws for the time being in force.
2.10 Takedown and moderation
We may remove or disable access to User Content or Generated Content that we believe violates these Terms or the applicable laws, and we may suspend or terminate access as described in Clause 7, 13, and 15.
3) User Representations
By using the Site, you state that:
Your registration information is true, accurate, current, and complete—and you will maintain and update such information as necessary.
You have the legal capacity to agree to and comply with these Terms, and you are above the age of 18 years.
You are not a minor as per the applicable laws in the Relevant Jurisdiction.
You will not access the Site via automated or non-human means (e.g., bots or scripts) unless expressly permitted.
You will not use the Site for illegal or unauthorised purposes, and you will not violate applicable laws, including but not limited to GDPR, DPDP Act, Ghana DPA (2012), Senegal Law No. 2008-12, and CCPA.
Your User Content (including stories, images, and voice samples) does not infringe third-party rights (including but not limited to copyright, privacy, publicity) and comply with all applicable laws.
If you act for an entity, you have the authority to bind that entity.
Providing false, inaccurate, or incomplete information may lead to suspension or termination of your account.
The User agrees that use of the Services shall be at their own sole risk. The User expressly agrees that, to the maximum extent permitted by applicable law in the Relevant Jurisdiction, the Services are provided on an “as is” and “as available” basis, without any warranties of any kind, express or implied, including without limitation the warranties of fitness for a particular purpose, title, non-infringement, and those arising from course of availing Services.
We will use all reasonable endeavors to ensure that the Services are uninterrupted but it does not guarantee or warrant that: (i) the Services will meet the Users specific requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) the result obtained from use of the Services will be accurate or reliable; and (iv) the quality of any Products, services, information, or other material purchased or obtained by the User will meet their expectations; and (v) any errors in the Services will be corrected.
4) User Registration and Identity Verification
Registration is required to access certain features, such as submitting User Inputs for song creation. You agree to keep your password confidential and are responsible for all account activity. We may remove or change usernames deemed inappropriate, obscene, or objectionable.
For corporate or enterprise users in Senegal, DRC, Ghana, Mali, Burkina Faso, Togo, Malawi, Zambia, Lesotho, Eswatini, Ivory Coast, Benin, India, the USA, or other regions, we may require government-issued identification (e.g., passport, driver’s license) or business registration documents (e.g., tax ID, incorporation certificate, VAT number, Permanent Account Number (PAN) in India, Employer Identification Number (EIN) in the USA) to verify your identity or the entity’s legitimacy. Such information will be collected, stored, and processed in accordance with our Privacy Policy and applicable laws in the Relevant Jurisdiction (e.g., GDPR Art. 6, DPDP Act Sec. 8, ECOWAS AML regulations, U.S. Patriot Act), solely for verification, fraud prevention, anti-money laundering (AML) compliance, sanctions screening, or responding to legal requests (e.g., law enforcement). You agree to provide accurate and valid identification upon request. Failure to comply may result in account suspension or termination.
5) Fees and Payment
We accept payments through Razorpay in supported regions (e.g., India, the USA, and select international markets). We may use alternatives such as Flutterwave or local carrier billing (e.g., MTN MoMo, Orange Money) where appropriate. These gateways (e.g., PCI-DSS compliant) support various payment methods.
Order model. MelodyCrafters is per-order, and not a subscription. Each purchase covers the creation of a custom song and/or video with up to four (4) iterations. Prices may vary by region based on local costs, taxes, regulations, payment gateway availability, and market conditions. Prices are shown at checkout and may change with reasonable notice (email or on-site).
You authorise us to charge your payment method for purchases through the applicable payment gateway. We may correct pricing errors or refuse orders at our discretion. The payment gateway’s terms and privacy policy shall apply to processing of payments through such gateways(e.g., https://razorpay.com/legal/, https://flutterwave.com/terms). Any region-specific pricing complies with regulations (e.g., GDPR, CCPA, DPDP Act) and reflects operational factors—not prohibited criteria such as race or nationality. Applicable taxes (value added tax (VAT), goods and service tax (GST), sales tax, etc.) are added per local law.
6) Cancellations and Refunds
Purchases are non-refundable unless required by applicable law in your Relevant Jurisdiction (e.g., GDPR consumer rights in the EU; consumer protection laws in Ghana or Senegal; India’s Consumer Protection Act, 2019) or unless a separate refund policy on the Site states otherwise. Each purchase includes up to four (4) iterations; additional iterations require a new purchase. If you are unsatisfied after the included iterations, contact support-melodycrafters@kirusa.com. We may, at our discretion, issue credits or refunds on a case-by-case basis.
7) Prohibited Activities
The Site may only be used for its intended purpose: creating personalized songs based on your stories and voice samples. Unauthorized commercial use is prohibited unless approved by us in writing. You agree not to:
Systematically extract data to make unauthorised collections, compilations, databases, or directories without our written permission.
Defraud or mislead us or other users, including attempts to obtain sensitive information such as account credentials;
Circumvent, or interfere with security-related features of the Site, including those that protect Content or enforce usage limitations ;
Disparage, tarnish, or otherwise harm, in our opinion, us or the Site.
Harass or harm others using Site information;
Misuse our support services or submit false reports of abuse or misconduct.
Violate applicable laws including but not limited GDPR Arts. 5–6; DPDP Act Secs. 4–8; Ghana DPA 2012 Secs. 17–18; Senegal Law No. 2008-12; CCPA;
Engage in unauthorised framing or linking to the Site.;
Upload or transmit viruses, malware, or material promoting illegal activities (e.g., terrorism, hate speech, child exploitation) in violation of laws like the U.S. Patriot Act, India’s Information Technology Act, 2000, or African cybercrime laws (e.g., Malawi’s Electronic Transactions Act;
Use unapproved automation (bots/scripts) except as expressly allowed;
Remove or alter copyright or proprietary rights notices from any Content;
Impersonate another user or person or use another user’s credentials;
Deploy spyware or covert data collection;
Interfere with networks or overburden the Site;
Harass, annoy, intimidate, threaten, or solicit our employees or agents;
Bypass measures designed to prevent or restrict access to the Site;
Copy, adapt, decipher, decompile, disassemble, or Reverse engineer Site software except where the law allows;
Collect usernames or email addresses for unsolicited communications or create accounts under false pretences;
Resell, bundle, or otherwise commercialise access to the services themselves (this does not limit your rights to exploit your Generated Content under Clause 2.6).
Violations may result in immediate account termination and legal action, including reporting the user to authorities in the Relevant Jurisdictions.
8) User Content Requirements
You may submit User Content (stories, prompts, voice samples, images, reference media, and feedback) for creation. You represent and warrant that your User Content:
does not infringe third-party rights ( including but not limited to copyright, patent, trademark, trade secret, privacy, or publicity);
is provided with all necessary licenses, consents, and permissions (especially for voices and any third-party images/likenesses or material you submit);
is not false, misleading, obscene, violent, harassing, hateful, exploitative, or otherwise objectionable; and
complies with applicable laws in your Relevant Jurisdiction (including but not limited to GDPR Arts. 5–6; DPDP Act Secs. 4–8; relevant African data protection laws).
Any violation of these requirements may lead to account suspension or termination.
9) User Content: License & Processing
You own your User Content. Our access, storage, processing, and use are only as described in Clause 2.4 and our Privacy Policy. We are not responsible for statements or material contained in User Content. You are solely responsible for your Contributions and agree to indemnify us for claims arising from your User Content.
10) Feedback
Ownership/License. Any questions, comments, suggestions, ideas, feedback, or other information about the Site (“Feedback”) provided by you are non-confidential and become our sole property. Where an assignment is not practical under local law, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, create derivative works from, distribute, and otherwise exploit Feedback for any purpose without any obligation or compensation.
You waive all moral rights in Feedback and warrant that they are original or that you have the right to submit them. We are not liable for any alleged or actual infringement of proprietary rights in your Feedback.
No effect on your content. Feedback is separate from User Content and Generated Content (see Clauses 2 and 9).
11) Third-Party Websites and Content
The Site may include link to third-party websites or content, such as Razorpay for payments (“Third-Party Content”). We are not responsible for the accuracy, legality, or appropriateness of Third-Party Content. Your use of third-party sites is at your own risk—review their terms and privacy policies (e.g., https://razorpay.com/legal/). We do not endorse or supervise Third-Party Content and are not liable for resulting losses.
12) Advertisers
We may allow advertisements on the Site. Advertisers alone are responsible for their ads including content, services, or products offered. You warrant that you have the necessary rights to place advertisements if you are an advertiser. We provide advertisement space only and have no further relationship with advertisers.
13) Site Management
We reserve the right, but not the obligation, to:
Monitor the Site and User Inputs for violations of these Terms, including harmful or illegal content (e.g., hate speech, terrorist materials, child exploitation) to ensure the Services provided on the Site are in compliance with applicable law in the Relevant Jurisdiction or the order or directions of a court, administrative agency or other governmental or regulatory body.
Take legal action against violators, including reporting to law enforcement in Senegal, Ghana, India, the USA, or other Relevant Jurisdictions.
Remove or disable User Content or Generated Content that violates these Terms or is excessive or burdensome; and
Manage the Site to protect our rights and keep it functioning.
We are not responsible or liable for the exercise or non-exercise of User rights under these Terms. We are not answerable/liable to the User or to any third party for any modification, price change, suspension, or discontinuance of the Services.
We monitor User Inputs to ensure compliance with laws (e.g., GDPR, DPDP Act, Senegal’s Law No. 2008-12) but do not directly view or access your data unless necessary for service provision or legal compliance.
14) Privacy Policy
Please review our Privacy Policy at https://melodycrafters.com/privacy-policy, which is part of these Terms. By using the Site, you agree to be bound by the Privacy Policy. The Site is hosted in the United States, and data may be processed in the USA, the EU, or Africa, subject to the GDPR, the DPDP Act, and applicable African data protection laws.
By using the Site, you acknowledge and agree that your personal data may be transferred outside the Relevant Jurisdiction, including to the United States, for processing and storage in accordance with our Privacy Policy.
15) Term and Termination
These Terms remain in effect while you use or access the Site. We may deny access or terminate accounts without notice or liability for any reason, including but not limited to breaches of these Terms or applicable laws. Upon termination, You must stop using the Site and ar further prohibited to create new accounts under false or borrowed identities. We may pursue civil, criminal, or injunctive remedies for any violation of the Terms.
16) Modifications and Interruptions
We may change, suspend, or discontinue the Site or any part of it at any time without notice or liability, including but not limited to the regions with connectivity challenges (e.g., the DRC and Mali). We are not obligated to maintain or update the Site and are not liable for loss or inconvenience caused by interruptions or unavailability.
17) Governing Law
These Terms are governed by the laws of the State of New Jersey, USA, excluding conflict-of-laws rules. EU residents retain protections under GDPR and local consumer laws. African users retain protections under applicable local data protection laws. For Indian users, the DPDP Act applies where relevant. We submit to the non-exclusive jurisdiction of courts in Berkeley Heights, New Jersey, USA. You may also bring claims in your local courts where permitted by the applicable laws in the Relevant Jurisdiction.
18) Dispute Resolution
18.1 Informal resolution first.
Any dispute, controversy, or claim related to these Terms (“Dispute”) must first be negotiated informally for at least thirty (30) days before initiating arbitration. Negotiations begin upon written notice from one party to the other.
18.2 Arbitration.
Disputes not resolved informally shall be resolved by binding arbitration under the American Arbitration Association (AAA) Commercial Arbitration Rules, with the seat in Berkeley Heights, New Jersey, USA, conducted in English by one arbitrator. For users in African countries or India, arbitration may be conducted remotely to accommodate accessibility.
18.3 No class actions.
Arbitration is limited to individual Disputes; class actions or representative proceedings are not allowed.
18.4 Exceptions.
Disputes involving intellectual property rights, theft, privacy violations, or requests for injunctive relief may be brought in court in Berkeley Heights, New Jersey, or (where allowed) in your local jurisdiction (e.g., Dakar).
19) Corrections
We may correct errors, inaccuracies, or omissions on the Site (including pricing and descriptions) without notice. We shall not be responsible for any losses being incurred due to such corrections. Your continued use of the Site after changes constitutes acceptance. Material changes will be announced by email or Site notice, where legally required.
20) Disclaimer
The Site and Services are provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Generated Content may contain errors, artifacts or limitations inherent to AI/audio/video synthesis and is not a substitute for professional services. The Site and Services shall be used at your own risk. We do not guarantee uninterrupted access (including in regions with connectivity issues) or that the Site will be error-free or secure. We are not responsible for third-party products or services advertised or linked on the Site, nor do we guarantee that Generated Content will be free of third-party assertions (e.g., content-ID matches).
21) Limitations of Liability
To the fullest extent allowed by law, our total liability (and that of our directors, employees, and agents) is limited to the amounts paid by you to us in the six (6) months prior to any claim. We are not liable for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, revenue, or data, even if advised of the possibility of such damages. Some jurisdictions (e.g., EU under GDPR, certain U.S. states, Ghana) do not allow limitations on implied warranties or damages, so these limitations may not apply to you.
22) Indemnification
You agree to defend, indemnify, and hold harmless us and our subsidiaries, affiliates, officers, agents, and employees from any loss, damage, liability, claim, or demand (including reasonable attorneys’ fees) arising from: (1) your use of the Site; (2) your breach of these Terms; (3) your breach of your representations and warranties; (4) your violation of third-party rights (including but not limited to intellectual property, privacy, or publicity) related to User Content; or (5) your harmful acts toward others. We may assume control of any matter requiring indemnification at your expense, and; you agree to cooperate with our defense.
23) User Data
You are solely responsible for the User Content you submit (stories, voice samples, images, etc.). We use secure cloud infrastructure for storage and processing but do not directly view or access your data except to monitor for harmful or illegal content (e.g., hate speech, terrorist materials) or to provide services. We are not liable for any loss, corruption, or unauthorized access to User Inputs, particularly in regions with unreliable infrastructure (e.g., DRC, Mali). You are responsible for maintaining backups.
24) Electronic Communications, Transactions, and Signatures
By using the Site, you consent to receive electronic communications (emails and on-Site notices), which satisfy any legal requirement for written communications. You agree to use of electronic signatures, contracts, and records for transactions on the Site. Notices may be provided in English or French for Users in Senegal, Côte d’Ivoire, Mali, Benin, or Togo, as required by local laws. You waive any requirement for non-electronic records or signatures.
25) Miscellaneous
These Terms, the Privacy Policy, and any supplemental terms constitutes the entire agreement between You and Us and supersedes all prior understandings/ agreements regarding the Site and Services. Our failure to enforce any provision is not a waiver. If any provision is deemed unlawful, void, or unenforceable by a competent court of law, it will be severed and shall not affect the remaining provisions of these Terms. We do not have any relationship of either joint venture, partnership, employment, or agency with you . We may assign our rights and obligations under these Terms at any time. We are not liable for any loss, damage, delay or failure to act caused by events beyond our reasonable control, including but not limited to network disruptions.
Contact:
For questions, requests, or complaints,
contact:support-melodycrafters@kirusa.com Kirusa Inc. 85 Swenson Circle, Berkeley Heights, NJ 07922, USA
Please include a detailed description of your question or complaint. We aim to acknowledge and address grievances within two working days or within the timeframe required by applicable law.