Version Effective Date: October 01, 2025
By using the website located at Audiogen Inc. ("Audiogen", "we", "us", or "our") provides our services (described below) and related content to you through our website(s) located at https://audiogen.co (the "Site"), through any third-party social platforms such as Discord, through our mobile applications and desktop applications, and related technologies ("Mobile Apps", and collectively, such Mobile Apps and the Site, including any content, tools, features, functionality and technology offered on or through our Site or Mobile Apps, the "Service"). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these Terms of Service). By accessing, browsing, or otherwise using the Site, Mobile Apps, Desktop Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.
We reserve the right to revise these Terms at any time by updating this posting. You are encouraged to review these Terms each time you use our Services because your use of our Services after the posting of changes will constitute your acceptance of the changes.
Please read these terms of service carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against Audiogen on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis, and (3) you may not be able to have any claims you have against us resolved by a jury or in a court of law.
Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
Access and Use of the Service Service Description: The Service is designed to process input data, information, and content that you provide in the form of code, video, images, information, data, text, software, music, sound and other audio, photographs, graphics, messages, and other materials and mediums (collectively referred to as the "Submissions") and generate and return audio and visual output based on those Submissions ("Output", and together with the Submissions, "Content"). The Service may include a public forum where Content can be shared in a productive environment with other users. It is very important that you only upload, post, publish, or display (hereinafter, "upload(ing)") Submissions that you have rights to use and provide hereunder. By uploading any Submission, you represent and warrant that: you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to submit and use (and allow us to use) such Submission in connection with the Service, including for the purpose of generating your Output. your Submissions and the use thereof by the Service, including to generate Output, will not violate any law or any third party’s rights, terms and conditions associated with such Submission, and no other licenses, permissions, consents or authorizations must be obtained from or payments made to any other person or entity by us (or any third party deriving any rights or obligations from us) arising out of or related to our use of your Submissions, including to create your Output and/or to train, develop, fine-tune or otherwise improve the Service and any related artificial intelligence or machine learning models.
Your Registration Obligations: You may be required to register with us or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the registration form of the service. Registration data and certain other information about you are governed by our Privacy Policy. If you are under 18 years old, you may use the Service only with the express consent of your parent or guardian, and you agree to provide true, accurate, current, and complete information as requested by Audiogen to confirm such express consent. We may, but are not obligated to, provide a free tier of the Service. You may not create more than one account to benefit from the free tier of the Service. If we believe you are not using the free tier in good faith, we may stop providing access to the Service. If we discontinue the Service, we will refund you any pre-paid fees on a pro rata basis, based upon the number of months left in the pre-payment period. We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Audiogen will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
User Conduct: You are solely responsible for any use of the Service and all Submissions that you make available to Audiogen, including by uploading Submissions via the Service or by emailing or otherwise making available Submissions to other users of the Service, and for any Outputs that you generate via the Service. You assume all risk associated with Submissions, including the transmission thereof, and you have sole responsibility for the accuracy, quality, legality and appropriateness of Submissions. The posting of Content on the Service by users does not indicate any approval or endorsement by Audiogen of such Content. Audiogen is not responsible for, and disclaims, any and all liability in connection with Content or any act of accessing, browsing, contributing to or otherwise using the Service. In no event will you use the Output to compete with Audiogen, including to create a competing product or service. The list below provides examples of the kinds of Submissions or uses that are illegal or prohibited by Audiogen. Audiogen reserves the right to investigate and take appropriate legal action against anyone who, in ours sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:
1. submit, upload, transmit or otherwise make available any Submissions or direct the Services to generate any Output that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload and use under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, junk mail, spam, chain letters, pyramid schemes, contests, sweepstakes, or any other form of solicitation; (vi) is (or is used for or in connection with any purpose, initiative, activity, product or service that is) unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of somebody elses privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Audiogen, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Audiogen or its users to any harm or liability of any type;
2. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
3. violate any applicable local, state, national, or international law, or any regulations having the force of law;
4. impersonate any person or entity, or falsely state, imply or otherwise misrepresent your affiliation with any person or entity (including by generating, making available, promoting, labelling or otherwise using Output in a manner that suggests that such Output was created by or otherwise associated with an individual who was not the creator thereof);
5. solicit personal information from anyone under the age of 18;
6. post any private information, or otherwise harvest, collect or disclose email addresses or other information about another user or any other person without his or her express consent or for the purposes of sending unsolicited emails or other unsolicited communications;
7. advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
8. imply that Audiogen endorses any of your Submissions, Output, statements or positions;
9. further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
10. obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
11. use the Services (and any Output) to create, develop or improve any competing products or services or to power, enable or train other artificial intelligence and machine learning models, tools or technologies;
12. circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or
13. engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.
If you are blocked by Audiogen from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
Service Content: You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Audiogen or otherwise under these Terms of Service, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to Content that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
Third-Party Material: Under no circumstances will Audiogen be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Audiogen does not pre-screen content, but that Audiogen and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Audiogen and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Audiogen, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
You represent and warrant that you own all right, title and interest in and to Submissions, including all copyrights and rights of publicity contained therein, and that you possess all necessary rights or have obtained all consents necessary to grant Audiogen the rights and licenses herein. By using the Service or otherwise transmitting Submissions to us, you grant to Audiogen and our affiliates, successors, assigns, and designees a worldwide, non-exclusive, fully paid-up, sublicensable (directly and indirectly through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use, reproduce, store, modify, distribute, create derivative works based on, perform, display, communicate, transmit and otherwise make available any and all Content (in whole or in part) in any media now known or hereafter developed, in connection with the provision, use, monetization, promotion, marketing, and improvement of our products and services, including the Service and the artificial intelligence and machine learning models related to the Service. For the avoidance of doubt, this license authorizes us to make your Content available to and sublicense Content to other users of the Service as necessary to provide the Service, and you further grant to Audiogen the worldwide, fully paid-up, sublicensable, assignable, perpetual and irrevocable right to identify to the public (both on and off the Service) that Output (or any of it) was generated via the Service. Such additional uses by Audiogen and other users of the Service is made without compensation to you or any other provider of the Submissions with respect to the Content, as the use of the Service by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein. Furthermore, and for the avoidance of doubt, you irrevocably waive any and all so-called "moral rights" or "droit moral" that may exist in or in connection with the Content. You acknowledge that to the extent that you include personally identifiable information in the Submissions, we may republish such information. Although Audiogen has no obligation to monitor the Content, you acknowledge and agree that we may do one or all of the following: (i) monitor the Content; (ii) alter, edit, or remove any Content in whole or in part; or (iii) disclose any Content. Subject to your compliance with these Terms of Service, you covenant and agree that you will only use Outputs generated from Submissions made by you through the Service solely for your lawful, internal, personal and non-commercial purposes, provided that you give attribution credit to Audiogen in each case. If you are a user that activates features that permit other users of the Service (“Remixers”) to remix your Outputs (each, a “Remix”), then you agree that all Remixes shall be a joint work owned jointly and equally by you and the Remixer to the extent that copyright vests in any such Remix. Furthermore, if you are a joint owner of a Remix generated by these Service features, and regardless of whether you are a free Service tier user or a subscriber to a paid Service tier, you additionally covenant and agree that the Remix may only be used for lawful, internal, personal and non-commercial purposes, provided that you give attribution credit to Audiogen in each case. For the avoidance of doubt, Output may be publicly available in a third party application such as Discord, where it may be viewable, downloadable, and modified by other users of that third party application. If the Output becomes publicly available in such third-party application, you agree that other users have a right to access, display, view, store, modify, and copy such Output; provided, however, that you may change your settings to bypass these public sharing default settings so that Output generated will remain private. Due to the nature of machine learning, Output may not be unique across users and the Service may generate the same or similar output for a third party. Other users may provide similar submissions and receive the same output. Output that is requested by and generated for other users is not your Content. You hereby authorize Audiogen and its third-party service providers to derive statistical and usage data relating to your use of the Service ("Usage Data"). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy. Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service ("Feedback") provided by you to Audiogen are non-confidential, and Audiogen will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you. You acknowledge and agree that Audiogen may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Audiogen, its users, or the public. You understand that the technical processing and transmission of the Service, including Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
The Service may display, include, make available, or provide links or other access to services, sites, software, applications, content, data, technology, and resources that are provided or otherwise made available by third parties (the "Third-Party Services"). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as social media and social networking services like Discord. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Audiogen has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Audiogen, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Audiogen enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Audiogen will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
The Services are provided on an "as is" and "as available" basis without any warranties of any kind. We disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non-infringement of third parties' rights, and fitness for particular purpose.
In no event shall we be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use our Services or the Content, whether based on warranty, contract, tort (including negligence), or any other legal theory.
These Terms are governed by the laws of the United States and the State of Delaware, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Delaware.
If you have any questions about these Terms, please contact us at support@audiogen.co.