MelogniteTERMS OF SERVICE — Melognite (melognite.com & melognite.app)
Effective date: 22 August 2026 Provider / operator ("we", "us", "Melognite"): Casa Santa Solutions UG (haftungsbeschränkt), represented by its managing director Kristina Julia Stüwe, Beethovenstraße 14a, 42579 Heiligenhaus, Germany · Amtsgericht Wuppertal, HRB 37143 · Small business pursuant to § 19 UStG (no VAT ID) · Contact: hello@melognite.app. No paid service is offered yet; checkout is not active.
1. Scope; what these Terms govern
1.1 These Terms govern access to and use of the website melognite.com ("Website") and the SaaS application melognite.app ("App"; together the "Service").
1.2 By accessing the Website, creating an account, or using the App, you agree to these Terms.
1.3 These Terms govern the provision/use of the Service and the licence to Outputs. They do not govern the payment transaction (Section 6).
2. Nature of the Service
2.1 Melognite is a deterministic, music-theory-based tool producing musical suggestions/sketches (melodic, harmonic, rhythmic) exportable as MIDI for your own DAW.
2.2 Melognite is expressly NOT a generative AI system. Identical inputs reproduce identical outputs. We make no representation that Outputs are creative, novel, original, protectable or fit for any purpose.
2.3 In-browser playback uses third-party instrument samples for preview only; exported MIDI contains note/control data only and no audio samples. On the Pro plan, a download may additionally contain transition-FX sound files produced by us (Section 4.3). No third-party recording is ever part of a download — there is no mixdown and no stem recording of the sampled instruments.
2.4 The Service is offered "as available" and may be under active development.
3. Eligibility and accounts
3.1 You must be at least 18 (or the age of majority where you live) to enter a paid contract; users under 16 may not provide personal data without verifiable parental consent.
3.2 The App uses passwordless "magic-link" authentication. You are responsible for the security of your registered email account and all activity under your account.
3.3 You must provide accurate information and keep it current.
4. What we grant, and what we cannot grant (Provider → you)
4.0 Read this first — the one sentence that matters. We do not give you the music. We only step out of your way. Melognite generates music from rules, calibrated data and a seed; we do not know, and cannot know, whether a particular result is free of other people’s rights. Nothing in this Section makes an Output „yours to do as you like with“, and nothing in it protects you if an Output turns out to resemble an existing work.
4.1 Scope of the grant (a release, not a transfer). Subject to these Terms and, for paid features, an active subscription, we waive — to the extent any right in a musical Output („Output“) could vest in us at all — any right to object to your use, reproduction, adaptation, arrangement, recording, synchronisation, public performance, distribution or commercial exploitation of that Output, worldwide, non-exclusively, perpetually, irrevocably and free of royalties. We grant only what is ours to grant.
4.2 We claim nothing, and we confer nothing against third parties. We claim no authorship and no ownership in your Outputs. That is not the same as confirming that you own them, that they are protectable, or that no one else holds rights in them. A release from us binds us; it has no effect on any third party, and it creates no title you could assert against anyone.
4.3 The FX sound files are a genuine licence — the music is not. The distinction matters and is deliberate:
- Transition-FX sound files (Pro; see Licences §7): these are our own productions. We hold the rights, so we can and do grant you a real, unlimited commercial licence to use them within a musical production. Redistribution as a sound library or sample pack is excluded.
- The generated music (notes, chords, rhythms, structure — whether heard in the app or exported as MIDI): here we hold no comparable position, and therefore grant no comparable assurance. Section 5 applies in full.
4.3a No standalone redistribution. Outputs (including exported MIDI and, on Pro, the FX sound files) are licensed for use within your own musical works and productions. You may not distribute, sell, sublicense or otherwise make Outputs available as standalone material — in particular not as sample packs, MIDI packs, loop or pattern libraries, catalogues or comparable collections, whether free or paid. This restriction protects the Service itself; your right to use Outputs commercially inside your music is unaffected.
4.3b Export fingerprint (transparency). Every exported file embeds a technical fingerprint as a MIDI text event: the generation seed, the recipe parameters and the export timestamp. It identifies which generation a file came from, serves provenance and abuse prevention (including enforcement of Section 4.3a), and contains no personal data.
4.4 This Section is not a warranty (Section 8) and does not clear any third-party right (Section 5). Where these Terms and any marketing, help or FAQ text differ, these Terms prevail.
4.5 We may withdraw a seed. If a rights holder reports a seed under Section 5A, or if we otherwise have reason to believe an Output infringes, we may block that seed from being generated again (Section 5A.3). Outputs you already exported are not recalled by that block, and the block is not an admission that any right was infringed — nor does it revive or extend any assurance we never gave.
5. Your responsibilities and risk allocation — clearance duties (read carefully)
5.1 You are solely responsible for how you use, adapt, publish, perform, register or exploit any Output.
5.2 No originality / no clearance. Because the Service is deterministic and existing music is vast, we cannot and do not exclude coincidental resemblance to pre-existing works. We give no warranty as to originality, novelty, protectability or freedom from third-party rights of any Output.
5.3 Your duty to check and clear. Before any use, publication, distribution, monetisation or registration of an Output, you must independently examine and, where necessary, clear all relevant rights (copyright, neighbouring/performers', sample, trademark, moral and personality rights, collecting-society obligations) at your own expense and responsibility.
5.4 Samples are licensed to us for operating the Service, provided to you for preview only, and are not licensed for extraction, redistribution or use outside the Service. Exported MIDI contains none. This concerns the third-party instrument and drum samples; it does not concern our own transition-FX sound files, which are licensed to you separately and only on the Pro plan (Section 4.3).
5.5 Acceptable use. You must not: (a) resell/sublicense/rent the Service; (b) reverse engineer, scrape or extract the engine, packs, sample sets or datasets except as mandatory law permits; (c) circumvent tier/entitlement controls; (d) use the Service or its Outputs to train or develop any ML/AI model ; (e) use the Service unlawfully or to infringe third-party rights; (f) represent that we authored, cleared or endorse your works.
5.6 B2B indemnity. If you use the Service as a business (Unternehmer), you shall indemnify us against all third-party claims, losses and reasonable legal costs arising from your use/exploitation of Outputs or your breach. (For consumers, statutory responsibility under 5.1–5.3 applies; no indemnity beyond the law.)
5A. Rights holders: reporting a seed (notice & immediate block)
5A.1 The offer. If you hold rights in a musical work and believe that a Melognite Output reproduces it, tell us. Use the report form and give us the seed together with the genre and, where you can, the settings shown in the link (the app’s Share button produces a link that carries all of them). Explain in your own words why you consider your rights affected. No lawyer, no formal notice and no fee is required.
5A.2 Why we ask for the seed. A Melognite Output is fully determined by its seed plus the settings. Without the seed we cannot reproduce what you heard, and we cannot block it. The seed is therefore mandatory; everything else helps but is optional.
5A.3 What we do — before we assess anything. As soon as your report reaches us, the reported seed is entered on our block list unexamined: we block first and look afterwards. Only then do we look at the substance, and we do so with priority. We undertake to withdraw a blocked seed from generation in the reported genre.
5A.4 What the block does and does not mean. Blocking is a precaution, not a decision, and no admission that any right was infringed, that the report is well founded, or that the Output is unlawful. We may lift a block if the assessment does not support it. We will tell you the outcome if you left us a way to reach you.
5A.5 Reports made in bad faith. Because we block before we check, the procedure is open to misuse. Knowingly false reports may be pursued; we keep the report, the reported seed and the time it was received for that purpose (see the Privacy Policy).
5A.6 This does not replace your statutory rights. The notice procedure is offered voluntarily and in addition to them. Formal notices reach us at the address in the Legal Notice.
6. Purchases, prices, subscriptions (via Merchant of Record)
6.1 Paid plans (Basic / Standard / Pro) are available as a monthly or an annual subscription. The applicable prices, including applicable taxes, are those displayed on our pricing page and, bindingly, at checkout at the time of purchase. Payment is processed by our authorised reseller and Merchant of Record, Paddle.com Market Limited (UK) — for EU customers its affiliate Paddle Payments Limited (Ireland) ("MoR"), which is your contractual counterparty for the payment, issues the invoice and is responsible for VAT/sales tax; its terms and privacy notice additionally apply.
6.2 Prices are shown at checkout incl. applicable taxes. Free trial: none — the Free plan is available without payment or account.
6.3 Auto-renewal. Subscriptions renew automatically at the then-current price unless cancelled before the term ends. We notify price changes in advance; you may cancel before they take effect.
6.4 Cancellation any time to the end of the current term via your account menu (Plan → Manage subscription) or the Paddle customer portal linked from your receipt; a readily available cancellation mechanism is provided (§ 312k BGB).
6.5 Plan changes (upgrades and billing-interval switch). You can switch to a higher tier and/or from monthly to annual billing at any time, with immediate effect. Amounts you have already paid are credited in full: the unused remainder of your current billing period is calculated on a time-proportional (pro-rata) basis and set off against the price of the new plan, so that no period is ever paid for twice. The exact credit and the resulting amount due are calculated by the MoR and shown to you before you confirm the change; the new tier's features and daily allowance apply as soon as the change takes effect. A switch to a lower tier or from annual to monthly billing takes effect at the end of the current billing period; you keep the benefits already paid for until then, and no partial refund is owed for a downgrade unless statutory law provides otherwise. Plan changes neither restart nor extend a minimum term beyond the period actually paid for, and they do not affect your statutory rights (including warranty rights and, where applicable, withdrawal rights for the newly purchased period).
6.6 Entitlements are enforced server-side; non-renewal/downgrade removes paid-feature access.
6.7 Export quota. MIDI exports share your plan’s daily generation quota (same number, same midnight reset). Each exported variant counts once; re-exporting an identical file is free. Playing, reshaping and reloading variants inside the app never consumes exports.
7. Right of withdrawal (consumers) and its waiver for digital content
7.1 EU/EEA consumers have a 14-day right of withdrawal for distance contracts (instructions + model form in the Legal Notice).
7.2 Immediate performance. We (or the MoR at checkout) will ask you to expressly consent to performance beginning before the withdrawal period ends and to acknowledge loss of the withdrawal right once performance has begun (§ 356(5) BGB / Art. 16(m) Dir. 2011/83/EU).
8. Warranties / disclaimer (to the maximum extent permitted)
8.1 The Service and Outputs are provided "as is" and "as available". To the maximum extent permitted, we disclaim all warranties (fitness, merchantability, non-infringement, originality, uninterrupted/error-free operation).
8.2 Mandatory statutory consumer rights remain unaffected.
9. Third-party components and services
The Service relies on third parties whose own terms apply: the MoR (payments), the transactional email provider, hosting providers, a CDN, and the licensors of the instrument samples and the Tone.js library (see Legal Notice & Credits). We are not responsible for third-party services or content.
10. Provider intellectual property
The Service (software, composition engine, packs/datasets, UI, design, texts, the "Melognite" name and logo, selection/arrangement of samples) remains ours or our licensors'. Except for the Section 4 licence, no rights are granted.
11. Limitation of liability (maximum extent permitted by German law)
11.1 We are liable without limitation for intent or gross negligence, injury to life, body or health, under the Product Liability Act, for fraudulent concealment, and where we gave a guarantee.
11.2 For simple negligence, we are liable only for breach of a material contractual obligation (cardinal duty), limited to foreseeable, contract-typical damage.
11.3 All further liability is excluded, in particular for indirect/consequential damages, lost profits, lost/corrupted data, and third-party claims arising from your use/exploitation of Outputs (Section 5).
11.4 The above applies to our representatives, employees and agents. Mandatory statutory liability remains unaffected.
12. Availability, changes, suspension, termination
12.1 We aim for high availability but do not guarantee uninterrupted operation.
12.2 We may modify/discontinue/restrict the Service for good cause; where a change materially and negatively affects paid features, you may terminate the affected subscription and receive a pro-rata refund of pre-paid, unused amounts via the MoR.
12.3 We may suspend/terminate access for material breach; extraordinary termination for good cause remains for both parties.
13. Changes to these Terms
We may amend these Terms for valid reasons (law, features, third parties involved), notifying registered users at least 30 days in advance; changes are deemed accepted unless you object before the effective date (we will state this), and you may terminate before then.
14. Governing law, jurisdiction, language, severability
14.1 German law applies, excluding the UN CISG. For consumers, this does not remove the protection of the mandatory law of your country of habitual residence.
14.2 For merchants/legal persons under public law, the place of jurisdiction is the competent court for our registered seat, Heiligenhaus, Germany.
14.3 Language. These Terms are provided in English, which is the sole binding and authoritative version. We may offer translations into other languages for your convenience only; in the event of any discrepancy, ambiguity or dispute, the English version prevails. The same applies to the Privacy Policy and the Legal Notice. (Mandatory consumer-protection rules of your country of habitual residence remain unaffected — 14.1.)
14.4 Invalid provisions do not affect the remainder.
14.5 ODR / dispute resolution: see Legal Notice. We are not obliged and not willing to participate in consumer arbitration proceedings.