Terms of Service

# Terms of Service for StemTabber

**Effective Date**: November 16, 2025

**Last Updated**: November 16, 2025

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## Agreement to Terms

By downloading, installing, or using the StemTabber mobile application (“App”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use the App.

We reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the App after any changes constitutes acceptance of the new Terms. We will notify you of material changes through the App or via email.

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## 1. Description of Service

StemTabber is an iOS mobile application that provides AI-powered audio stem separation services. The App allows users to:

– Upload audio files for processing

– Record audio directly within the App

– Separate audio into individual stems (vocals, drums, bass, guitar, piano, other instruments)

– Play back and mix separated stems

– Adjust volume, solo, and mute individual stems

– View audio metadata and visualizations

– Detect and display chord progressions (where applicable)

– Export custom mixes (Premium feature)

The App operates on a freemium subscription model with Free, Starter, and Premium tiers.

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## 2. Eligibility

### Age Requirements

– You must be at least **13 years old** to use StemTabber

– If you are between 13 and 18 (or the age of majority in your jurisdiction), you may only use the App with parental or guardian consent

– By using the App, you represent that you meet these age requirements

### Account Requirements

– You must have a valid Apple ID to use the App

– You are responsible for maintaining the security of your account

– You must provide accurate and complete information

– You may not share your account credentials

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## 3. User Accounts and Registration

### Account Creation

– Account creation is handled through Apple’s Sign in with Apple

– You agree to provide accurate, current, and complete information

– You are responsible for all activities under your account

– You must notify us immediately of any unauthorized use

### Account Security

– You are responsible for maintaining the confidentiality of your account

– You agree to notify us immediately of any security breach

– We are not liable for losses caused by unauthorized use of your account

### Account Termination

– You may delete your account at any time through the App settings

– We may suspend or terminate your account for violations of these Terms

– Upon termination, your right to use the App immediately ceases

– We may retain certain information as required by law

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## 4. Subscription Plans and Billing

### Free Tier

– Limited to **3 processed songs per month**

– Up to **3 stored projects**

– Maximum **5-minute audio duration** per file

– Access to basic stem separation (4 stems: vocals, drums, bass, other)

– Basic playback controls

### Starter Tier ($2.99/month)

– **10 processed songs per month**

– Up to **10 stored projects**

– Maximum **10-minute audio duration** per file

– Access to 6-stem separation (adds guitar and piano)

– Audio recording feature

– Chord detection and analysis

– Speed control (0.75x – 1.5x)

### Premium Tier ($6.99/month or $69.99/year)

– **Unlimited processed songs per month**

– **Unlimited stored projects**

– Maximum **20-minute audio duration** per file

– Full 6-stem separation

– All Starter features plus:

– Advanced mixing console

– Transpose and pitch shift

– Export custom mixes

– Extended speed control (0.5x – 2.0x)

– Priority processing

### Billing Terms

– Subscriptions are billed through Apple’s App Store

– Payment will be charged to your Apple ID at confirmation of purchase

– Subscriptions automatically renew unless canceled at least 24 hours before the end of the current period

– Your account will be charged for renewal within 24 hours prior to the end of the current period

– You can manage or cancel subscriptions in your Apple ID Account Settings

– No refunds for partial subscription periods

### Price Changes

– We reserve the right to change subscription prices

– Price changes will be communicated 30 days in advance

– Continued use after price change constitutes acceptance

### Free Trials

– Free trials may be offered for paid subscriptions

– You will be charged when the trial period ends unless you cancel before it ends

– Only one free trial per user/device

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## 5. Acceptable Use Policy

### You AGREE to:

– Use the App only for lawful purposes

– Comply with all applicable laws and regulations

– Respect intellectual property rights

– Upload only audio content you own or have permission to use

– Use the App for personal, non-commercial purposes (commercial use requires written permission)

### You AGREE NOT to:

– Upload copyrighted material without authorization

– Use the App to infringe on any intellectual property rights

– Upload content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable

– Attempt to reverse engineer, decompile, or disassemble the App

– Use automated systems (bots, scrapers) to access the App

– Interfere with or disrupt the App’s servers or networks

– Attempt to gain unauthorized access to any part of the App

– Resell, redistribute, or sublicense the App or its services

– Remove, obscure, or alter any copyright, trademark, or proprietary notices

– Use the App to upload malware, viruses, or harmful code

– Impersonate any person or entity

– Create multiple accounts to bypass usage limits

– Share your account with others to circumvent subscription limits

### Content Responsibility

– You are solely responsible for all audio content you upload

– You represent that you have all necessary rights to the audio you upload

– We do not claim ownership of your uploaded content

– You grant us a limited license to process and store your content for service delivery

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## 6. Intellectual Property Rights

### Your Content

– You retain all ownership rights to audio content you upload

– By uploading content, you grant us a limited, non-exclusive, worldwide license to:

– Process your audio files using our AI services

– Store your files temporarily (automatically deleted after 7 days)

– Create separated stems from your audio

– Deliver processed results to you

– This license terminates when your content is deleted (after 7 days or upon manual deletion)

### Our Content

– StemTabber and all related materials are owned by us or our licensors

– The App, including its design, features, code, and algorithms, is protected by copyright, trademark, and other intellectual property laws

– You may not copy, modify, distribute, sell, or lease any part of the App

– You may not use our trademarks without written permission

### Third-Party Content

– The App may contain third-party content, libraries, or services

– Such content is the property of their respective owners

– We do not claim ownership of third-party content

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## 7. Content and Data Processing

### Audio File Processing

– Audio files are uploaded to our secure cloud servers (Amazon S3)

– Files are processed using our AI stem separation service (RunPod)

– Processing typically takes 30-90 seconds depending on file length

– **All uploaded files are automatically deleted after 7 days**

– **Processed stems are automatically deleted after 7 days**

### Content Storage

– You are responsible for maintaining backups of your original audio files

– We are not responsible for data loss after the 7-day retention period

– Downloaded stems are stored locally on your device

### Prohibited Content

We prohibit the upload of:

– Copyrighted material without authorization

– Content that violates any person’s rights

– Illegal or harmful content

– Malware or malicious code

– Excessively large files (beyond stated limits)

### Content Monitoring

– We do NOT actively monitor uploaded content

– We do NOT listen to or analyze your audio for content

– We may investigate content if we receive complaints or legal requests

– We reserve the right to remove content that violates these Terms

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## 8. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

Key privacy highlights:

– We collect minimal personal information

– Audio files are automatically deleted after 7 days

– We do not sell your data

– Analytics are anonymized

– You have rights to access, correct, and delete your data

For full details, see our Privacy Policy at [LINK TO PRIVACY POLICY].

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## 9. Disclaimer of Warranties

### “AS IS” Service

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

– Warranties of merchantability

– Fitness for a particular purpose

– Non-infringement

– Accuracy, reliability, or availability

### No Guarantee

– We do not guarantee the App will be uninterrupted, error-free, or secure

– We do not guarantee the accuracy or quality of stem separation results

– Processing quality may vary based on audio content

– We do not guarantee that defects will be corrected

– We do not guarantee compatibility with all devices or iOS versions

### Third-Party Services

– The App relies on third-party services (AWS, RunPod, Apple)

– We are not responsible for failures or issues with third-party services

– Service availability may be affected by third-party outages

### Audio Quality

– Stem separation quality depends on the source audio

– We do not guarantee perfect separation

– Some audio artifacts may occur in separated stems

– Results may vary based on audio complexity

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## 10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

### No Liability for Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:

– Loss of profits or revenue

– Loss of data

– Loss of use

– Cost of substitute services

– Business interruption

– Any other commercial damages or losses

### Maximum Liability

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 (WHICHEVER IS GREATER).

### Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.

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## 11. Indemnification

You agree to indemnify, defend, and hold harmless StemTabber, its officers, directors, employees, agents, and affiliates from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys’ fees) arising from or related to:

– Your use of the App

– Your violation of these Terms

– Your violation of any rights of third parties

– Your uploaded content

– Your violation of any applicable laws

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, at your expense.

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## 12. Copyright and DMCA

### Copyright Protection

We respect intellectual property rights and expect users to do the same.

### DMCA Compliance

If you believe that content in the App infringes your copyright, please send a DMCA notice to:

**Email**: jarshvader@gmail.com

**Subject**: “DMCA Notice”

Your notice must include:

1. Your physical or electronic signature

2. Identification of the copyrighted work

3. Identification of the infringing material

4. Your contact information (address, phone, email)

5. A statement that you have a good faith belief the use is not authorized

6. A statement that the information is accurate and you are authorized to act

### Counter-Notice

If your content was removed and you believe it was removed in error, you may file a counter-notice with the same information.

### Repeat Infringers

We will terminate accounts of repeat copyright infringers.

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## 13. Modifications to the Service

### Right to Modify

We reserve the right to:

– Modify, suspend, or discontinue the App at any time

– Change features, functionality, or availability

– Update the App without notice

– Remove content or features

### No Liability

We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the App.

### Notice of Changes

We will make reasonable efforts to notify users of material changes.

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## 14. Term and Termination

### Term

These Terms remain in effect while you use the App.

### Termination by You

– You may stop using the App and delete your account at any time

– Canceling your subscription does not delete your account

### Termination by Us

We may suspend or terminate your access immediately, without notice, for:

– Violation of these Terms

– Illegal activity

– Suspected fraud or abuse

– Excessive resource usage

– Non-payment (for paid tiers)

– Any other reason at our sole discretion

### Effect of Termination

Upon termination:

– Your right to use the App ceases immediately

– Your subscription will not be refunded

– Your content will be deleted according to our retention policy

– Sections of these Terms that should survive termination will remain in effect

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## 15. Dispute Resolution

### Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of [INSERT YOUR STATE], United States, without regard to conflict of law principles.

### Informal Resolution

Before filing any formal dispute, you agree to first contact us at jarshvader@gmail.com to attempt to resolve the issue informally.

### Arbitration Agreement

Any dispute arising from these Terms or the App shall be resolved through binding arbitration in accordance with the American Arbitration Association (AAA) rules, except:

– Small claims court actions

– Intellectual property disputes

– Emergency injunctive relief

### Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY, NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

### Exceptions

Some jurisdictions do not allow certain dispute resolution provisions. If any provision is found unenforceable, it shall be modified to the minimum extent necessary.

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## 16. General Provisions

### Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and StemTabber regarding the App.

### Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

### Waiver

Our failure to enforce any provision shall not constitute a waiver of that provision or any other provision.

### Assignment

You may not assign or transfer these Terms without our written consent. We may assign these Terms without restriction.

### No Agency

Nothing in these Terms creates an employment, agency, partnership, or joint venture relationship.

### Force Majeure

We shall not be liable for any failure or delay due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, pandemics, internet failures, or third-party service outages.

### Notice

Notices to you may be provided via the App, email, or postal mail. You must provide notices to us at jarshvader@gmail.com.

### Export Controls

You agree to comply with all export and import laws and restrictions. You represent that you are not in a country subject to U.S. embargo or on any U.S. prohibited party list.

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## 17. Apple-Specific Terms

### Acknowledgment

You acknowledge that:

– These Terms are between you and StemTabber, not Apple

– Apple has no obligation to provide support for the App

– Apple is not responsible for addressing any claims relating to the App

– In the event of third-party claims that the App infringes intellectual property rights, StemTabber (not Apple) is responsible

– Apple is a third-party beneficiary of these Terms and may enforce them

### App Store Terms

Use of the App is also governed by Apple’s App Store Terms of Service.

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## 18. Contact Information

For questions, concerns, or notices regarding these Terms:

**Email**: jarshvader@gmail.com

**Subject**: “Terms of Service Inquiry”

**Response Time**: We aim to respond within 5 business days.

For support issues:

– In-App: Settings → Support & Help

– Email: jarshvader@gmail.com with subject “Support Request”

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## 19. Acknowledgment

BY USING STEMTABBER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

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**Effective Date**: November 16, 2025

**Last Updated**: November 16, 2025

**Version**: 1.0

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