1. The Service and Your Licence

1.1 Scope. The Service and the content available through it are protected by intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Service for your own personal or internal business purposes.

1.2 Supplemental terms. Some features may be subject to additional terms presented to you when you use them ("Supplemental Terms"). Where Supplemental Terms conflict with these Terms, the Supplemental Terms apply to that feature.

1.3 The Service evolves. The Service is under continuous development. We may add, change, suspend or remove features, and may require you to accept updates, with or without notice. Any new feature or update is subject to these Terms.

1.4 Availability. We aim to keep the Service available but do not guarantee uninterrupted access. Generation features depend on third-party AI providers whose availability is outside our control (see Section 5).

2. Eligibility and Accounts

2.1 Registration. To use certain features you must create an account ("Account"). You agree to provide true, accurate, current and complete information and to keep it up to date.

2.2 Account security. You are responsible for all activity that occurs under your Account. Keep your credentials confidential, do not share your Account, and notify us immediately at [email protected] of any unauthorised use or security breach. You may not create an Account using a false identity, on behalf of someone else without authority, or if we have previously suspended or terminated you.

2.3 One Account. You may not maintain more than one Account without our written consent. We may reclaim usernames at our discretion, including where a username infringes a third party's rights.

3. Your Content and Generated Tracks

3.1 Definitions. "Your Content" means everything you upload, submit, input or otherwise make available through the Service, including text prompts, lyrics and reference audio you supply ("Input"). "Tracks" and "Output" mean the audio and other material generated by the Service in response to your Input. In-app audio content is always referred to as Tracks.

3.2 You are responsible for Your Content. You represent and warrant that you own or have all rights necessary to submit Your Content and to authorise its use as described in these Terms, and that Your Content and your Inputs do not infringe any third party's rights or breach any law or the restrictions in Sections 4 and 5.

3.3 Reference audio. If you upload audio as a reference or for audio-to-audio features, you must own it or have the rights to use it that way. Uploads may be automatically scanned, and may be rejected or deleted (see Section 5).

3.4 Storage and backups. We may store Tracks associated with your Account, but except as required by law we do not guarantee storage, retention or the accuracy or availability of any content. Retention of generated files differs by provider (see Section 5.10). You are responsible for keeping your own backups of Tracks you wish to retain.

4. Acceptable Use

4.1 General restrictions. You must not (and must not permit anyone else to):

(a) use the Service for any unlawful purpose or in breach of these Terms;

(b) make available or knowingly generate any content that is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, invasive of privacy, obscene, hateful, or that harms or sexualises minors in any way;

(c) infringe any copyright, trade mark, privacy, publicity, moral or other right of any person;

(d) impersonate any person or entity or misrepresent your affiliation;

(e) use the Service or any Output to develop, train, fine-tune or improve any product, model or service that competes with the Service or with any provider we use;

(f) copy, sell, rent, sublicense, host, scrape, reverse engineer, decompile, or attempt to derive the source code or model architecture of any part of the Service, except to the extent this restriction is prohibited by law;

(g) use bots, scrapers or automated means to access the Service, or interfere with its operation or security (including by introducing malicious code or overloading systems).

4.2 Prompt and Input restrictions. Because Tracks are generated by third-party models, the following inputs are prohibited across the Service:

(a) real, stage, fictitious or band artist names used to imitate a specific artist (e.g. "in the style of [famous artist]");

(b) existing song titles, album names, record labels or publishers;

(c) substantial or recognisable portions of copyrighted lyrics;

(d) prompts designed to mimic the identifiable voice or vocal timbre of a real person;

(e) reference audio or prompts engineered to reproduce or bypass protections on existing intellectual property.

Generic stylistic descriptors (e.g. genre, tempo, key, mood, instrumentation) are permitted.

4.3 Consequences. Prohibited inputs or uses may result in blocked generations, removal of content, and suspension or termination of your Account.

5. AI Generation and Third-Party Providers

This section is important. Read it carefully.

5.1 How Tracks are generated. Tracks are produced using artificial-intelligence models operated by third-party providers (each a "Provider"). The Providers we currently use are MusicGPT, Mureka, Stable Audio (Stability AI), ElevenLabs, ACE-Step and MiniMax Music (the last two through fal.ai). When you use a generation feature, your Input is sent to the relevant Provider, and the Output is returned to you through the Service. We choose which Provider generates each Track, and we may route a request to a different Provider listed in Section 5.3, for example when one is unavailable. The rights you receive in a Track are those set out in Section 5.3 for the Provider that generated it. We keep a record of which Provider generated each Track, and will tell you on request.

5.2 How your rights in a Track arise. We hold commercial accounts with each Provider and generate Tracks under those accounts. You do not contract with the Providers, you do not access their services directly, and you are not bound by their account or website terms.

For most Providers, the rights in a Track we generate belong to us. Where that is the case, the rights you receive in a Track are granted by us, as owner of that Track — we are not passing on a licence from the Provider. Where a Provider's arrangement with us does not give us rights we can grant onward, we say so plainly in the table below and you should not assume otherwise.

The rights you receive differ by Provider and are set out in Section 5.3 below.

5.3 Rights in Tracks, by Provider.

5.4 Limits on what we grant. The rights we grant you in Section 5.3 are subject to these Terms, including the restrictions in Sections 4 and 5.6. We do not warrant that any particular commercial use is or will remain permitted, and rights in a Track are determined by the position that applied at the time it was generated. If our arrangement with a Provider changes, that does not retrospectively affect Tracks you have already generated, but it may change the position for Tracks generated afterwards.

5.5 No guarantee of copyright. You acknowledge that, under current Australian and international law, audio generated purely by AI without sufficient human authorship may not be protected by copyright. We do not represent or warrant that any Track is, or can be, protected by copyright, or that you can prevent others from using it. To establish protectable rights you may need to add meaningful human creative contribution — for example by editing, arranging, mixing, or adding original material. This is a legal reality of AI-generated audio, not a limitation of Pure BPM.

5.6 What you must not do with a Track. These restrictions arise from our arrangements with the Providers. If you breach them we may be in breach of our own agreements, so we enforce them strictly. You must not:

(a) use a Track, or any Output, to develop, train, fine-tune or improve any AI model, or any product or service that competes with the Service or with any Provider;

(b) present a Track as human-created where it was generated by AI, or otherwise misrepresent its origin;

(c) extract, scrape or attempt to obtain Output other than through the Service;

(d) buy, sell, share or transfer access credentials, or resell access to the Service or to any Provider through it;

(e) use a Track in any way prohibited by Section 4.

5.7 Tracks may not be unique. Providers generate Output for many users from similar Inputs. A Track you generate may be similar or identical to one returned to another user, and no Provider guarantees exclusivity. You should not assume a Track is unique to you.

5.8 Sector restrictions. Certain Providers restrict the sectors in which their customers may operate. We are responsible for meeting those requirements as their customer, and we do so.

5.9 Provider processing of your Inputs and Outputs. Providers may store and process your Inputs and Outputs to operate, secure and moderate their services. Some also use them to train and improve their models:

• Mureka does not use customer content to develop or improve its services.
• Stable Audio and ElevenLabs may use Inputs and Outputs for model training. An opt-out is available.
• MusicGPT takes a perpetual licence over generated music for improvement, marketing and training purposes. No opt-out is currently available.

We do not control and are not responsible for how Providers use data you submit.

5.10 Provider availability, changes and retention. Providers may modify, suspend, discontinue or impose limits on their models at any time. Retention of generated files differs by Provider and in most cases is not fixed or published. You are responsible for keeping your own backups of Tracks you wish to retain (see Section 3.4). We are not liable for a Provider's unavailability, changes, usage limits, deletion of files, or discontinuation of any model.

5.11 No warranty on Output. We make no representation or warranty as to the originality, accuracy, quality, legality or fitness of any Output. Output may contain errors or material that resembles existing works. You are solely responsible for reviewing Output and for your use of it, including compliance with all applicable laws and third-party rights.

6. Ownership and Licence

6.1 The Service. Except for Your Content and Tracks, we and our licensors own all rights in the Service, including all software, designs, text, graphics, trade marks and other materials. You must not remove or obscure any proprietary notices.

6.2 Your Content and Tracks. As between you and Pure BPM, and subject to Section 5, you retain ownership of Your Content and of the rights we grant you in the Tracks you generate. We do not claim ownership of Your Content.

6.3 Licence you grant us. To operate and provide the Service, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, adapt, publicly display and communicate Your Content and Tracks for the purpose of providing, maintaining and securing the Service to you. In addition, where you make a Track public within the Service, you grant us a non-exclusive, worldwide, royalty-free licence to display, distribute and promote that Track in connection with operating and marketing the Service. This licence ends when you delete the relevant content or close your Account, except (a) to the extent it has been shared with others who have not deleted it, (b) for reasonable backup copies retained for a limited period, and (c) as required by law. We do not sell Your Content, and we do not use it to train our own competing models.

6.4 Feedback. If you send us ideas or suggestions ("Feedback"), we may use it without restriction or obligation to you.

7. Coinz, Payments and Taxes

7.1 Coinz. The Service uses an in-app currency called Coinz. Coinz are a prepaid, limited licence to access specific paid features (such as generating Tracks). Coinz have no cash value, are not money or a financial product, are non-transferable, and are not redeemable or exchangeable for cash except where required by law. The number of Coinz required for a feature, and the value of what Coinz can obtain, may change at our discretion.

7.2 Purchases. Where you purchase Coinz, a subscription plan or other paid features, you agree to pay the applicable price shown at the time of purchase. Paid features are provided on a one-time or usage basis, or as part of a subscription plan (see Section 7.7). Prices may change at our discretion, but changes do not affect purchases already made, and changes to subscription prices are handled as set out in Section 7.7(j).

7.3 Payment processor. Payments are handled by our third-party payment processor (for example, Stripe). You provide your payment details directly to the processor and agree to its terms and privacy policy. We are not responsible for the processor's acts, and your card issuer's fees or declines are between you and the issuer.

7.4 Unused Coinz on termination.

(a) Where we terminate or suspend your Account because you have breached these Terms, unused Coinz are forfeited, unless the law requires otherwise.

(b) Where we terminate your Account for convenience under Section 10.3 — that is, other than because of your breach — we will refund the amount you paid for your unused Coinz, or reinstate them to another Account at your election.

(c) Where you close your Account yourself, unused Coinz are forfeited, unless the law requires otherwise.

Nothing in this Section limits any right or remedy you have under the Australian Consumer Law (see Section 11).

7.5 Refunds. Except for rights you have under the Australian Consumer Law (see Section 11) or as we otherwise state, fees and Coinz purchases are non-refundable once the relevant feature has been used.

7.6 GST and taxes. Prices may be stated exclusive or inclusive of GST as indicated at checkout. You are responsible for any taxes arising from your use of the Service other than taxes on our income.

7.7 Subscription plans.

(a) Plans. We offer subscription plans, currently called Creator, Pro and Studio, billed monthly or yearly at the price shown when you subscribe. Each plan includes a monthly allowance of Coinz ("Plan Coinz") and any other benefits described on our pricing page at the time you subscribe. You can hold one plan at a time.

(b) Automatic renewal. Your plan renews automatically at the end of each billing period (monthly or yearly) and we charge the then current price for your plan to your payment method, until you cancel. For yearly plans we will send you a reminder before the renewal is charged.

(c) Plan Coinz. Plan Coinz are added to your Account at the start of each monthly allowance period. On a yearly plan they are added once a month across the year, not all at once. Plan Coinz are used before any Coinz you have purchased. Plan Coinz expire at the end of each monthly allowance period and do not roll over. Coinz you purchase separately do not expire while your Account is open, subject to Section 7.4. Plan Coinz are added to your main profile and cannot be used by artist personas.

(d) Plan benefits and bonuses. Some plans include extra benefits, such as bonus Coinz when you buy Coinz packs while subscribed, or one-time bonus Coinz when a yearly plan starts. Bonus Coinz are promotional. We may change or withdraw future bonuses at any time. Bonus Coinz already added to your Account are not affected by a later change, except under paragraph (i).

(e) Upgrades and downgrades. If you move to a higher plan, the change takes effect straight away, you are charged a prorated amount for the rest of the current billing period, and the extra Plan Coinz for the current period are added. If you move to a lower plan, or from yearly to monthly billing, the change takes effect at the start of your next billing period.

(f) Cancelling. You can cancel at any time in your Account settings (Settings, Billing, Manage billing). When you cancel, your plan stays active until the end of the billing period you have already paid for, and you will not be charged again. Any Plan Coinz left at the end of that period expire. Cancelling does not give you a refund for the current billing period, except as required by law or as set out in paragraph (i).

(g) Failed payments. If a renewal payment fails, we and our payment processor may retry it over a period of up to two weeks. No new Plan Coinz are added until a payment succeeds. If payment is not made, your plan may be cancelled and any remaining Plan Coinz will expire.

(h) Offers and promotional codes. Introductory offers, discounts and promotional codes apply only on the terms shown with them. For example, an offer may apply to your first payment only, or only to people who have not subscribed before. Offers cannot be combined unless we say so, and we may end an offer at any time. After any discounted period your plan renews at its full price.

(i) Refunds. Subscription payments are non-refundable once the billing period has started, except for rights you have under the Australian Consumer Law (see Section 11) or as we decide in a particular case. If we refund a subscription payment, the Plan Coinz and any bonus Coinz added because of that payment may be removed from your Account, up to the number you still hold.

(j) Price changes. We may change the price of a plan. We will give you at least 30 days' notice before a new price applies to your plan, and it will take effect from your next renewal after that notice. If you do not agree to the new price, you can cancel before it takes effect.

(k) Closing your Account. If you close your Account, or we terminate it, any active plan is cancelled immediately and will not renew. Remaining Plan Coinz are forfeited, and Section 7.4 applies to any purchased Coinz.

8. Monitoring, Moderation and Takedowns

8.1 Monitoring. We may (but are not obliged to) review, screen, moderate, refuse or remove Your Content, Tracks or Output at any time, including where we believe they breach these Terms, infringe rights, or could create liability or harm.

8.2 Action we may take. We may remove content, limit or suspend features, disclose information where we reasonably believe it is required by law or to protect rights or safety, cooperate with law enforcement, and suspend or terminate Accounts in accordance with Section 10.

9. Intellectual Property Infringement Notices

If you believe content on the Service infringes your intellectual property rights, contact us at [email protected] with: (i) your contact details; (ii) identification of the right you claim is infringed; (iii) identification and location of the material on the Service; (iv) a statement that you have a good-faith belief the use is not authorised; and (v) a statement that the information is accurate and that you are the rights holder or authorised to act for them.

It is our policy to remove infringing material. Where two or more infringement notices against the same Account are upheld, we may terminate that Account. We may also terminate an Account for a single serious or deliberate infringement.

10. Term and Termination

10.1 Term. These Terms apply from when you first access the Service and continue while you use it.

10.2 Termination by you. You may stop using the Service at any time. You can permanently delete your Account yourself in Settings → Account → Delete account on the website, or Account → Delete account in the app, or by emailing [email protected]. Deletion is immediate and permanent. Our Privacy Policy explains what is deleted and what we keep.

10.3 Termination or suspension by us. We may suspend or terminate your access, with or without notice, if you materially breach these Terms, if required by law, or where we reasonably consider it necessary to protect the Service, other users or third parties. We may also terminate for convenience on reasonable notice.

10.4 Effect. On termination, your right to use the Service ends. Except where we terminate your Account for a serious breach of these Terms, we will keep Tracks and Your Content associated with your Account available for you to download for 30 days after termination, after which we may delete them. If you delete your Account yourself, the 30-day download period above does not apply: your Account, Your Content and Tracks are deleted immediately and cannot be recovered, so download anything you want to keep first. Other users who bought or collected your Tracks will no longer be able to play or download them. Sections that by their nature should survive (including Sections 3, 4, 5, 6, 7.4–7.6, 9, 11, 12, 13, 14 and 17) survive termination.

11. Australian Consumer Law and Disclaimers

11.1 Consumer guarantees preserved. Our Service may come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any right, guarantee or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded.

11.2 Otherwise "as is". To the fullest extent permitted by law, and subject to Section 11.1, the Service and all Output are provided on an "as is" and "as available" basis, and we exclude all warranties, representations and conditions not expressly stated, whether express or implied, including any implied warranty of acceptable quality, fitness for a particular purpose or non-infringement. We do not warrant that the Service or any Output will meet your requirements, be uninterrupted, secure, error-free, or free of material that resembles existing works.

12. Limitation of Liability

12.1 ACL remedies preserved. Section 12 is subject to Section 11.1. Where the Australian Consumer Law applies and our liability for a failure to comply with a consumer guarantee cannot be excluded but can be limited, our liability is limited, at our option, to: (a) for goods — replacing or repairing the goods, supplying equivalent goods, or paying the cost of doing so; and (b) for services — resupplying the services, or paying the cost of having them resupplied.

12.2 Exclusion of certain loss. To the fullest extent permitted by law, we and our related entities, officers, employees, agents, suppliers and licensors will not be liable for any indirect, incidental, special or consequential loss, or for any loss of profits, revenue, data, goodwill, or business interruption, arising out of or in connection with these Terms, the Service or any Output, on any theory of liability, even if advised of the possibility.

12.3 Cap. To the fullest extent permitted by law, and subject to Sections 11.1 and 12.1, our total aggregate liability arising out of or in connection with these Terms or the Service is limited to the greater of (a) the total amount you paid to us in the three (3) months before the event giving rise to the liability, or (b) AUD $100.

13. Third-Party Services

The Service may link to or integrate third-party websites, applications and services that we do not control. We are not responsible for them, and your use of them is at your own risk and subject to their terms.

14. Indemnity

To the fullest extent permitted by law, you agree to indemnify us and our related entities against any loss, liability, cost or expense (including reasonable legal costs) arising out of or in connection with: (a) Your Content, Inputs or Tracks; (b) your use of the Service; (c) your breach of these Terms; (d) your infringement of any third party's rights; or (e) your breach of any law. This does not require you to indemnify us for loss caused by our own fraud, or to the extent caused by our breach of a right or guarantee that cannot be excluded by law.

15. Users Outside Australia and Export

The Service is operated from Australia. We make no representation that it is appropriate or available for use in other locations, and you are responsible for compliance with local laws. You must not use or export the Service in breach of applicable sanctions or export-control laws, and you represent that you are not subject to any such restriction.

16. Changes to These Terms

We may update these Terms from time to time. We will post the updated Terms and change the "Last Updated" date, and where changes are material we will take reasonable steps to notify you (for example, by email or in-app notice). If you do not agree to the changes, stop using the Service. Continued use after the changes take effect means you accept them.

17. General

17.1 Governing law and jurisdiction. These Terms are governed by the laws of the State of Victoria, Australia. You and Pure BPM submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them.

17.2 Assignment. You may not assign or transfer these Terms without our consent. We may assign or transfer them, including as part of a sale or reorganisation of our business.

17.3 Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including acts of God, war, civil unrest, pandemic, cyber-attack, internet or infrastructure outages, or the unavailability, change or failure of any AI Provider, API or other third-party service.

17.4 Electronic communications. You consent to receiving communications from us electronically, and agree that electronic communications satisfy any legal requirement that they be in writing.

17.5 Severability and waiver. If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary or severed, and the rest remains in effect. Our failure to enforce a provision is not a waiver of it.

17.6 Entire agreement. These Terms (with the Privacy Policy and any Supplemental Terms) are the entire agreement between you and us regarding the Service and supersede prior agreements on that subject.

17.7 Contact. Questions, complaints or notices: Pure BPM Pty Ltd, Mezzanine, Level 1, 452 Flinders Street, Melbourne VIC 3000, [email protected].

© 2026 Pure BPM Pty Ltd. All rights reserved.