PhonkMaker Commercial License Agreement

This Agreement is entered into between:

Licensor: PhonkMaker, including the PhonkMaker platform, website, and related services.

Licensee: The individual or organization that purchases or uses Eligible Paid Access on the platform.

If the licensee is a company, agency, label, studio, or other organization, this Agreement also applies to staff, representatives, and contractors using PhonkMaker on its behalf.

Subject to this Agreement, PhonkMaker grants the licensee a non-exclusive, worldwide, perpetual, and non-transferable license to use qualifying Generated Music for personal and commercial purposes.

This includes the right to:

• download, store, edit, and adapt qualifying output;
• publish and distribute qualifying output on any channel;
• use qualifying output in videos, podcasts, ads, games, streams, social posts, client projects, and branded work;
• continue using qualifying output that is covered by this Agreement, even after Eligible Paid Access ends.

For clarity:

• the license applies only to Generated Music created through the licensee's account during Eligible Paid Access under this Agreement;
• music created on a free plan or other access tier without commercial rights is not licensed for commercial use under this Agreement;
• the license survives after Eligible Paid Access ends for qualifying Generated Music already covered by this Agreement;
• this Agreement does not grant exclusive rights to any musical style, rhythm, prompt, genre, phrase, or AI-generated pattern.

The license granted under this Agreement is subject to the following restrictions. The licensee may not:

• You may not use third-party lyrics, melodies, vocals, trademarks, or other protected material without permission.
• You may not present platform access itself for resale or sublicense the platform to others.
• You may not use output in unlawful, deceptive, harmful, or rights-infringing content.
• intentionally imitate a specific copyrighted song, sound recording, composition, artist identity, voice, or distinctive performance style in a way that may infringe third-party rights;
• register Generated Music in any Content ID system, fingerprinting database, copyright registry, collecting society, or similar rights-management system in a way that blocks or restricts other users from using similar AI-generated output;
• claim exclusive ownership over Generated Music beyond the rights expressly granted under this Agreement.

Businesses and teams may use qualifying Generated Music for internal and external commercial purposes, including marketing, branded media, client work, product launches, presentations, and paid campaigns.

The organization remains responsible for ensuring that everyone using the platform under its direction complies with this Agreement.

Organizational users are also responsible for maintaining appropriate internal records showing which account, plan, project, and date were associated with each commercial release.

• You are responsible for the prompts, uploads, and materials submitted to the platform.
• You must review Generated Music before release or delivery.
• You are responsible for making sure your use does not violate copyright, trademark, privacy, publicity, or other third-party rights.
• You must comply with the policies of distribution and social platforms where the music is used.
• You are responsible for obtaining any third-party permissions, releases, clearances, or approvals required for your project, campaign, client work, or distribution channel.
• You are responsible for responding to platform review requests, distributor checks, copyright disputes, Content ID claims, takedown notices, or monetization reviews involving your use of Generated Music.

• Generated Music is created with automated and AI-assisted systems.
• Treatment of AI-generated content may differ by jurisdiction, platform, or distributor.
• PhonkMaker does not guarantee copyright registration eligibility in every region.
• PhonkMaker does not guarantee that third-party claims, fingerprint matches, takedowns, or monetization disputes will never occur.
• Platforms such as YouTube, TikTok, Instagram, Spotify, and other distribution services may apply automated review, fingerprinting, or monetization systems that affect the availability, monetization, or distribution of Generated Music.

This Agreement governs use of qualifying Generated Music. It does not transfer ownership of the platform, models, design, brand assets, or any other underlying PhonkMaker technology.

Except for the limited license expressly granted for qualifying Generated Music, all rights in the PhonkMaker platform, website, software, prompts, workflows, user interface, trademarks, logos, and brand assets remain with PhonkMaker or its licensors.

Generated Music may be influenced by common musical conventions, genres, rhythms, instruments, and production patterns. Similar or identical prompts may produce similar results for different users.

This Agreement does not grant exclusive rights to a prompt, concept, melody idea, genre direction, style label, arrangement pattern, or any output feature that may also appear in other generated results.

The platform and related licensing rights are provided on an "as is" and "as available" basis to the maximum extent permitted by applicable law.

PhonkMaker makes no guarantee that any Generated Music will meet a particular creative, legal, commercial, platform, distributor, or monetization requirement.

To the fullest extent permitted by law, PhonkMaker will not be liable for indirect, incidental, special, punitive, or consequential damages, including monetization loss, takedowns, claim handling costs, or business interruption arising from use of Generated Music.

This includes, without limitation:

• copyright or trademark disputes;
• Content ID claims or fingerprinting conflicts;
• platform takedowns, demonetization, or distribution delays;
• loss of revenue, data, goodwill, or business opportunity;
• client, agency, label, or advertiser review outcomes.

The licensee agrees to defend, indemnify, and hold PhonkMaker harmless from claims, losses, liabilities, damages, costs, and expenses arising from the licensee's prompts, uploads, Generated Music, commercial use, third-party materials, platform distribution, client delivery, or violation of this Agreement.

We may suspend or terminate access for violation of this Agreement, misuse of the service, fraud, payment failure, or security and legal reasons.

Termination does not remove commercial use rights for qualifying Generated Music already covered by this Agreement, unless the use itself violates this Agreement or applicable law.

PhonkMaker may update this Agreement from time to time. The latest version posted on this page controls from its effective date.

Material updates may be communicated through the platform, by email, or by posting a revised version on the website. Continued use of PhonkMaker after the effective date of an updated Agreement constitutes acceptance of the updated terms.