Terms and Conditions of Mussical.com

1. Identification of the owner

The owner and operator of Mussical.com is SARE DIGITAL, S.L., NIF B26554501, with registered office at Calle Cruz Roja, 13, 26230 Casalarreina, La Rioja, Spain. Registered with the Commercial Registry of La Rioja, tomo 837, folio 23, hoja LO-17950, inscripción 2.ª, dated 3 April 2018. Trade name: Mussical. Website: https://mussical.com. Corporate website: https://saredigital.ai. Contact email: info@saredigital.ai. Telephone: +34 941 87 00 10. Hereinafter, “Mussical” or the “provider”. The company details have been included according to the information supplied by the owner.

2. Purpose and acceptance

These terms govern access to, use of and purchase of personalised songs generated using artificial intelligence on Mussical.com. A purchase requires express acceptance of these terms before payment. The specific features, price, format, delivery times and conditions of each order will be communicated before the purchase is made.

3. Users and accounts

The user will provide accurate information and protect their credentials. Minors must have the legally required authorisation. Mussical may take proportionate measures in response to fraud or serious breaches, while respecting consumers' rights.

4. Service features

The user may specify a genre, mood, language, lyrics, theme, voice or other available parameters. AI generation may produce variations from the instructions. Mussical will meet the features expressly agreed, without guaranteeing absolute originality or absence of similarities to other songs.

5. Purchase

Before payment, the essential features, total price including applicable taxes and charges, delivery method and relevant conditions will be shown. The contract will be concluded in accordance with the order and acceptance process displayed. If Mussical cannot accept an order that has already been paid for, it will refund the amount paid. The consumer has access in the order view to evidence of the purchase and acceptance of these terms.

6. Price and payment

The prices displayed when the purchase is completed apply, together with taxes and charges disclosed in advance. Subsequent changes will not affect confirmed orders. The price remunerates the service and personal licence, not a transfer of intellectual property.

7. Generation and delivery

The song will be delivered by download, user account or another announced means, in the agreed format and within the agreed period. The user must keep their own copy. Unless permanent storage is expressly purchased, indefinite file retention is not guaranteed, without prejudice to legal obligations.

8. Intellectual property in the platform

Sare Digital, S.L. reserves the rights to which it is entitled in respect of its software, interfaces, trademarks, databases, designs, content and materials. Reproduction or exploitation beyond uses permitted by law or contract is not authorised.

9. Ownership of songs

Sare Digital, S.L. reserves all intellectual-property and exploitation rights to which it is entitled by law or contract in compositions, lyrics, arrangements and recordings generated by Mussical. The purchase does not transfer those rights to the user or guarantee exclusivity. This reservation is subject to the existence of protectable rights and to the rights of authors, users, providers and third parties. Mussical may exploit, reproduce, distribute, transform or license songs only to the extent that it holds the necessary rights. Instructions or payment do not automatically confer authorship or ownership on the purchaser. The user's rights in their own original contributions are respected.

10. Personal-use licence

Upon purchase, Mussical grants a personal, non-exclusive, non-transferable, non-sublicensable licence of indefinite duration, limited to personal, private and non-commercial uses. It allows the user to download and store copies and listen to the song on personal devices or in a private, family setting. A copy may be given as a gift for personal listening, without transferring the licence or granting exploitation rights. Rights mandatorily recognised by law are unaffected. A serious breach may result in termination in accordance with the law.

11. Unauthorised uses

Without prior written authorisation, the purchaser may not sell, resell, license, monetise, publish or distribute the song on Spotify, Apple Music or other platforms; use it on YouTube, TikTok or public social networks; include it in advertising, business activities, podcasts, video games or commercial audiovisual productions; commercialise remixes or derivative works; register third-party rights in their own name; add it to Content ID; or train AI models on it for commercial purposes. A promotional use may be commercial even if it generates no direct revenue. Public posting on social networks is not included in the personal licence.

12. Commercial licences

Any commercial exploitation or public release not included in the licence requires specific written authorisation from Mussical, subject to Mussical holding the necessary rights. The agreement will identify the song, permitted uses, territory, duration, price and limitations. The personal licence does not automatically confer a right to obtain a commercial licence.

13. User contributions

The user represents that they have permission to provide lyrics, texts, recordings, names and other materials, and retains the rights to which they are legally entitled. The user grants Sare Digital, S.L. a royalty-free, non-exclusive licence to process, technically adapt and incorporate those contributions solely to the extent necessary to provide the contracted service. Mussical's commercial exploitation of songs containing the user's protected contributions requires the corresponding rights; this clause does not imply a general assignment of those contributions.

14. Artificial intelligence

The user acknowledges the involvement of AI and its possible errors or similarities. No guarantee is given that every result will qualify for copyright protection or be registrable in any jurisdiction. The existence and ownership of rights depend on the law and the providers' licences. Mussical must hold the permissions needed for its own forms of exploitation.

15. Voices, identity and unlawful content

It is prohibited to provide or request materials that infringe copyright, voice, image, identity, privacy or other rights; impersonate people; generate fraudulent or unlawful content; or circumvent security. Mussical may reject requests where there are reasonable indications of infringement and take proportionate measures.

16. Responsible use

The user will not engage in unauthorised access, commit fraud, introduce malicious code or misuse the service. Measures in response to breaches will respect contracts and applicable law.

17. Personalisation, cancellations and withdrawal

17.1. Songs are individually generated according to the purchaser's specifications and preferences. Whether the exception in Article 103.c) of Real Decreto Legislativo 1/2007 applies depends on the legal classification of the contract and satisfaction of its requirements; personalisation alone does not mean that the consumer waives their rights.

17.2. Acceptance of these terms is not the specific consent provided for by the exception in Article 103.m) relating to the supply of digital content not provided on a tangible medium. Mussical does not presume that the right of withdrawal is lost merely because these terms are accepted.

17.3. If the requirements for a legal exception are not met, the applicable right of withdrawal remains. Cancellations after work has begun will be resolved according to the legal classification of the contract and applicable regulations; Mussical may offer additional voluntary cancellations.

17.4. Any exclusion of the right of withdrawal does not affect rights arising from non-delivery, defects or lack of conformity. Mussical will provide pre-contractual information and the withdrawal procedure where applicable.

18. Incidents and refunds

The user may report incidents to the contact email address. In the event of non-delivery or lack of conformity, the applicable legal remedies will apply, including bringing the service into conformity, a price reduction or termination where appropriate. Purely subjective dissatisfaction does not by itself constitute a breach, without prejudice to promised features and the consumer's non-waivable rights.

19. Availability and changes

Reasonable interruptions may occur for maintenance or due to incidents. Changes to contracted digital content and services will be subject to the applicable legal conditions and safeguards. Mussical will honour the obligations undertaken in confirmed orders.

20. Liability

Each party is liable for breaches and damage legally attributable to it. No clause limits liabilities or consumer rights where exclusion is prohibited. The user is liable, on the terms provided by law, for unlawful uses attributable to them and contributions made without sufficient rights.

21. Personal data

Sare Digital, S.L. will process personal data in accordance with the RGPD and Ley Orgánica 3/2018. Purposes, legal bases, recipients, retention and the exercise of rights will be detailed in a separate privacy policy. Music licences do not constitute general authorisation to exploit personal data.

22. Updating the terms

New versions will be published with their date. They will not retroactively alter the rights attached to earlier orders except under a valid agreement or legal authorisation. Notice will be given and consent requested where applicable.

23. Duration and termination

The personal-use licence will be of indefinite duration unless terminated for a serious breach in accordance with the law. Closing the account will not automatically extinguish licences validly acquired. Mussical may require unauthorised uses to cease and take the relevant legal action.

24. Severability

The invalidity of one clause will not affect the remainder if the contract can continue in accordance with the law.

25. Applicable law and disputes

Spanish law applies, without prejudice to mandatory consumer-protection rules of other countries that may apply. The courts determined by the legal rules will have jurisdiction, without imposing on consumers a venue contrary to their rights. Mussical may be contacted in advance to resolve incidents amicably.

26. Contact

SARE DIGITAL, S.L. - Mussical.com. Calle Cruz Roja, 13, 26230 Casalarreina, La Rioja, Spain. Email: info@saredigital.ai. Telephone: +34 941 87 00 10. Website: https://mussical.com.