Terms of Service

Last Updated: January 2025

1. Agreement to Terms

These Terms of Service ("Terms", "Terms of Service") govern your use of Music Flamingo ("Service") operated by NVIDIA and its affiliates ("us", "we", or "our"). By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, you may not access the Service.

2. Description of Service

Music Flamingo is an AI-powered music understanding service that analyzes audio content to provide insights about harmony, rhythm, emotion, and cultural context. Our Service includes:

  • Music Analysis: AI-powered analysis of audio files to extract musical features and insights.
  • Research Access: Access to research papers and technical documentation.
  • Demo Interface: Interactive demonstration of our AI capabilities.
  • Educational Resources: Articles and guides about AI music understanding.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time.

3. Age Requirements

You must be at least 16 years old to use this Service. By using this Service, you represent that you are at least 16 years of age. If you are under 18, you may only use this Service with the consent and supervision of a parent or legal guardian.

4. User Accounts

4.1 Account Creation

To access certain features of the Service, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain the security of your password
  • Accept all responsibility for activities under your account
  • Notify us immediately of any unauthorized use
  • Not share your account credentials with others

4.2 Account Termination

We reserve the right to suspend or terminate your account at any time for violation of these Terms or for any other reason at our sole discretion.

5. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

  • Illegal Activities: Use the Service for any illegal purpose or in violation of any laws.
  • Copyright Infringement: Upload or analyze copyrighted content without proper authorization.
  • Reverse Engineering: Attempt to reverse engineer, decompile, or disassemble any aspect of the Service.
  • Automated Access: Use bots, scrapers, or other automated means to access the Service without permission.
  • Interference: Interfere with or disrupt the Service or servers connected to the Service.
  • Spam: Use the Service to transmit spam or unsolicited communications.
  • Harmful Content: Upload content containing malware, viruses, or other harmful code.
  • Abuse: Harass, abuse, or harm other users or entities.

Violation of this Acceptable Use Policy may result in immediate termination of your access to the Service.

6. Intellectual Property Rights

6.1 Service Ownership

The Service and its original content, features, and functionality are owned by NVIDIA and are protected by international copyright, trademark, and other intellectual property laws.

6.2 Audio Flamingo and Music Flamingo

Audio Flamingo and Music Flamingo are trademarks of NVIDIA. You may not use these trademarks without our prior written consent.

6.3 User-Generated Content

You retain ownership of any content you upload to the Service. By uploading content, you grant us a license to process, analyze, and store the content solely for the purpose of providing the Service.

6.4 Educational Use

Certain aspects of Music Flamingo may be available for non-commercial educational use. For commercial applications, please contact us for licensing information.

7. Privacy and Data Collection

Your privacy is important to us. Our collection and use of personal information is described in our Privacy Policy. By using the Service, you consent to such collection and use.

8. Third-Party Services and Links

8.1 Third-Party Links

The Service may contain links to third-party websites or resources (e.g., research papers, Hugging Face demos). We are not responsible for the content or practices of any third-party sites.

8.2 Google AdSense

We use Google AdSense to display advertisements on our Service. Your use of the Service is also governed by Google's AdSense policies. By using our Service, you acknowledge and agree that:

  • Advertisements are served by Google and Google uses cookies to serve ads based on your prior visits to this website or other websites.
  • You may opt out of personalized advertising by visiting Google's Ads Settings.
  • You must not click on ads fraudulently or encourage others to do so.
  • You must not artificially inflate impressions or clicks through any method, including manual or automated means.

8.3 Google Analytics

We use Google Analytics to analyze Service usage. Google Analytics uses cookies to collect information. You can opt-out by installing the Google Analytics Opt-out Browser Add-on.

9. Disclaimers and Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Specifically, we make no warranties regarding:

  • Accuracy: The accuracy, reliability, or completeness of music analysis results.
  • Availability: That the Service will be available at all times or in all locations.
  • Error-Free: That the Service will be error-free or uninterrupted.
  • Security: That the Service is secure from unauthorized access or attacks.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NVIDIA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Data loss or corruption
  • Loss of profits, revenue, or business opportunities
  • Loss of or damage to data or property
  • Personal injury or property damage related to Service use

Our total liability shall not exceed the amount you paid, if any, for accessing the Service during the twelve months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless NVIDIA and its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

  • Your use or misuse of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Content you upload or transmit through the Service

12. Content Moderation

We reserve the right (but not the obligation) to review, monitor, and remove any content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. We have no obligation to retain or provide copies of removed content.

13. Copyright Policy

13.1 DMCA Compliance

We respect the intellectual property rights of others. If you believe your copyrighted work has been copied in a way that constitutes copyright infringement, please notify us immediately.

13.2 Copyright Infringement Claims

To file a copyright infringement claim, please provide:

  • A description of the copyrighted work
  • The location of the allegedly infringing content
  • Your contact information
  • A statement of good faith belief
  • A statement of accuracy and authority
  • An electronic or physical signature

Send copyright claims to: [email protected]

14. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including but not limited to:

  • Breach of these Terms
  • Violation of applicable laws
  • Fraudulent or illegal activity
  • Extended period of inactivity

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Any disputes arising under these Terms shall be resolved through:

  1. Good faith negotiation between parties
  2. Binding arbitration in accordance with JAMS rules

The arbitration shall be conducted in Santa Clara County, California.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify users of significant changes via:

  • Email notification (for account holders)
  • Posting on the Service
  • Updating the "Last Updated" date

Your continued use of the Service after modifications constitutes acceptance of the updated Terms.

17. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

18. Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

19. Entire Agreement

These Terms constitute the entire agreement between you and NVIDIA regarding the Service and supersede all prior agreements, communications, and understandings.

20. Contact Information

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

Related Documents: Privacy Policy | Contact Us | About Music Flamingo

Terms of Service - Music Flamingo