Terms of Service

These Terms of Service ("Terms") form a legally binding agreement between you ("you", "your", or "User") and Noirmusicshop LLC ("Frqcy", "we", "us", or "our") governing your access to and use of the Frqcy website, applications, APIs, and related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Service.

If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to that organization.

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. By using the Service you represent that you meet this requirement.

• You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account.
• You must provide accurate, current, and complete information and keep it updated.
• You must notify us promptly of any unauthorized use of your account or any other breach of security.
• We may suspend or terminate accounts that violate these Terms or that we reasonably believe pose a security or legal risk.

Frqcy analyzes uploaded audio recordings and produces automated assessments, including an estimated probability that a recording was generated or assisted by artificial intelligence, along with production, performance, and technical analyses and, where eligible, a Human Authenticity Certificate.

Nature of results

All outputs are probabilistic estimates produced by automated models. They are provided for informational purposes only, may contain errors, and are not guarantees, determinations of authorship, or legal conclusions. You are solely responsible for how you interpret and use the results.

The Human Authenticity Certificate reflects an automated analysis at a point in time. It is not a warranty, legal instrument, or certification of authorship, ownership, or originality.

You agree not to, and not to permit others to:

• Upload audio for which you do not hold the necessary rights, licenses, or permissions.
• Use the Service to infringe intellectual property, privacy, publicity, or other rights of any third party.
• Misrepresent, forge, or alter analysis results or certificates, or present results as an official or legal determination.
• Reverse engineer, decompile, scrape, or attempt to derive the source code or models of the Service, except to the extent permitted by law.
• Circumvent rate limits, usage quotas, access controls, or security measures.
• Introduce malware, disrupt the Service, or gain unauthorized access to any systems or data.
• Use the Service to violate any applicable law, regulation, or third-party agreement.

You retain all ownership rights in the audio files and other materials you submit to the Service ("User Content"). We do not claim ownership of your User Content.

You grant us a limited, non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and analyze your User Content solely to operate, provide, secure, and improve the Service, and to generate the results and certificates you request. This license ends when you delete the relevant User Content or close your account, except for residual copies retained in routine backups for a limited period or as required by law.

You represent and warrant that you have all rights necessary to submit your User Content and to grant the license above.

The Service offers a free tier and paid subscription plans. Paid plans are billed in advance on a recurring basis (for example, monthly) through our third-party payment processor. By purchasing a subscription you authorize us and our payment processor to charge the applicable fees and taxes to your payment method.

• Free plans are subject to usage limits, which we may change over time.
• Fees are stated exclusive of taxes unless indicated otherwise; you are responsible for applicable taxes.
• Subscriptions renew automatically until cancelled. You may cancel at any time; access continues until the end of the current billing period.
• We may change pricing or plan features with reasonable notice, effective at your next renewal.

Refunds are governed by our Refund Policy.

The Service, including its software, models, design, text, graphics, and trademarks, is owned by Noirmusicshop LLC or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted to you, no rights are transferred to you.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal or personal purposes.

The Service relies on third-party providers for hosting, authentication, payment processing, and infrastructure. Your use of those features may be subject to the third parties' own terms. We are not responsible for third-party services and disclaim liability for their acts or omissions.

THE SERVICE AND ALL RESULTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any analysis result, score, or certificate is accurate, complete, or reliable. You use the Service and rely on its outputs at your own risk.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR ITS OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You agree to indemnify, defend, and hold harmless Noirmusicshop LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your User Content, your use of the Service, or your violation of these Terms or applicable law.

You may stop using the Service and close your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, create risk or legal exposure for us, or if we discontinue the Service.

Upon termination, your right to use the Service ends immediately. Sections that by their nature should survive termination (including ownership, disclaimers, limitation of liability, and indemnification) will survive.

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-laws rules. You agree to the exclusive jurisdiction and venue of the state and federal courts located in California, United States for any dispute not subject to arbitration or small-claims resolution, and you waive any objection to such venue.

To the extent permitted by law, any dispute will be resolved on an individual basis, and you waive any right to participate in a class or representative action.

We may update these Terms from time to time. If we make material changes, we will provide reasonable notice, such as by posting the updated Terms with a new effective date or notifying you within the Service. Your continued use after the changes take effect constitutes acceptance.

Noirmusicshop LLC — questions regarding these Terms may be sent to info@noirmusic.shop. Our full mailing address is available on request.