Terms of Service — Toxic Sound

These Terms of Service ("Terms") are a legal agreement between you and Kailon James Brown, operating as Toxic Sound, British Columbia, Canada ("Toxic Sound," "we," "us," "our").

By creating an account, purchasing credits or a subscription, or using toxicsound.org (the "Service"), you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

The Service is strictly for adults. You must be 18 years of age or older to create an account or use the Service. We do not knowingly serve minors. If we learn an account belongs to a minor, we will terminate it.

• You must provide accurate information when registering and keep your credentials confidential. You are responsible for all activity under your account.
• One account per person unless we approve otherwise.
• We may suspend or terminate accounts that violate these Terms, with or without notice for serious violations (see Section 11).

Toxic Sound is an AI-powered music generation tool. You provide text prompts (and optionally your own lyrics); our systems generate audio tracks, lyrics, and cover art.

Important understandings:

• Outputs are AI-generated. We do not guarantee that any track, lyric set, or artwork is unique, original, or free of resemblance to existing works.
• We do not guarantee any particular quality, style accuracy, or that a generation will match your prompt.
• Features, genres, voices, and limits may change as the Service evolves. We will give reasonable notice of material downgrades to paid plans.

Toxic Sound is proudly uncensored: we do not filter profanity, explicit themes, or dark subject matter. However, the following are strictly prohibited and will result in immediate termination and, where applicable, reports to law enforcement:

1. Child sexual abuse material (CSAM) in any form — prompts, lyrics, imagery, or otherwise. Zero tolerance. We report to the RCMP / National Center for Missing & Exploited Children as required.
2. Non-consensual intimate imagery — sexual content depicting real, identifiable people without their consent.
3. Terrorist content or instructions facilitating violent wrongdoing.
4. Defamation — false statements of fact about identifiable living persons.
5. Copyright infringement — including uploading lyrics you do not own or have rights to use.
6. Fraud and impersonation — impersonating real artists, labels, or persons to deceive.
7. Abuse of the Service — bots, scraping, circumventing rate limits or access controls, reselling credits or accounts, or interfering with other users' use.

We may use automated and human review to enforce this section. "Uncensored" refers to artistic expression, not a shield for illegal activity.

• You retain ownership of prompts and lyrics you submit.
• You represent and warrant that any lyrics or text you upload are original to you or that you have all rights necessary to use them, and that they do not infringe any third party's rights.
• You grant us a worldwide, royalty-free license to process, store, and transmit your content as needed to operate the Service (including sending prompts to our AI providers).

• Paid tiers (while subscribed): You own the rights to songs you generate, including commercial use, for tracks created while your subscription is active. Ownership of those tracks survives cancellation.
• Free tier: Generated tracks are for personal, non-commercial use only.
• Credit packs: Pack-generated tracks carry the same rights as the tier active at generation time; if no subscription is active, personal use only unless stated otherwise at purchase.
• No uniqueness warranty: AI outputs may resemble other works, including other users' outputs. You are solely responsible for clearing any rights before commercial release (e.g., ensuring a track doesn't reproduce a copyrighted melody). We are not liable for infringement claims arising from your use or distribution of outputs.
• Moral rights and attribution: Where applicable law grants moral rights, you agree not to assert them against us in ways that prevent normal operation of the Service.

If you share a track to the public feed (or otherwise make it public), you grant us a worldwide, royalty-free, non-exclusive license to display, stream, and promote that track on the Service (e.g., in feeds, charts, and marketing). You can remove your track from public display via your account; already-distributed promotional copies may persist for a reasonable wind-down period.

Referrers earn the commission rate stated on the affiliate page, paid per the program terms. Self-referrals, fraud, and incentivized sign-ups that violate program rules forfeit commissions and may result in termination.

• We may suspend or terminate your account for violations of these Terms, non-payment, chargeback abuse, or illegal activity — immediately and without refund for serious violations (Section 6).
• You may delete your account at any time from your account settings. Unused credits are forfeited on deletion except where the law requires otherwise.
• Sections 6, 8, 9, 12, 13, 14, and 16 survive termination.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM THE SERVICE IS LIMITED TO THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM. WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, OR DATA. Some jurisdictions do not allow these limitations; in those cases they apply to the fullest extent permitted.

You agree to indemnify and hold us harmless from claims, damages, and expenses (including reasonable legal fees) arising from your use of the Service, your content, your violation of these Terms, or your violation of any law or third-party right.

We respect intellectual property rights. Canada's Copyright Act provides a notice-and-notice regime; if you believe content on the Service infringes your copyright, send a notice to toxicsoundai@gmail.com including: identification of the work, the infringing material (URL/track), your contact details, and a good-faith statement. US users may submit DMCA notices with the same information plus the required statements under 17 U.S.C. § 512. We will act expeditiously and may remove content or terminate repeat infringers.

These Terms are governed by the laws of British Columbia and the federal laws of Canada applicable there, without regard to conflict-of-law rules. Disputes will be resolved in the courts of British Columbia, Canada. Nothing prevents either party from seeking injunctive relief.

We may update these Terms; material changes will be announced (e.g., banner or email) at least 14 days before taking effect. Continued use after the effective date constitutes acceptance.

• Entire agreement: These Terms plus the Privacy Policy are the entire agreement regarding the Service.
• Severability: If any provision is unenforceable, the rest remain in effect.
• No waiver: Failure to enforce a provision is not a waiver.
• Assignment: You may not assign your rights; we may assign in connection with a business transfer.

Kailon James Brown, operating as Toxic Sound · toxicsoundai@gmail.com