Terms of Service
ANY PERSON OR ENTITY ("User" or “You”) USING OR OTHERWISE ACCESSING THE SITE AT
lemonaid.ai (“Site”) OR ANY OF THE CONTENT AVAILABLE VIA THE SITE MUST AGREE TO BE
BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS END USER license AGREEMENT
PERSONAL DATA: You agree to provide only true, accurate and complete information to us
via the Site. Any personal information provided by Users will be treated with appropriate care
and security in accordance with, and by agreeing to this Agreement you expressly agree to the
1. Contracting parties. The Site, together with all content, data and other materials
contained therein (“Content”) are owned or controlled by Lemonaid Music LLC is referred to in
these terms and conditions as "we", "us", "our" or “Lemonaid” “Lemonaid Music”. When you
register with (or otherwise access) the Service, you are contracting with Lemonaid Music LLC.
2. Content. The Site and the Content are intended only for the purposes specified or
implied therein, and your use of the Site and the Content is entirely at your own risk. Please
note, whilst we endeavor to provide accurate and up-to-date information, the Content may not
be wholly accurate or up-to-date, complete or free of defects, and is subject to change, often at
very short notice. All Content is provided without any representations or warranties of any kind
(implied or express) to the fullest extent permitted by applicable law. Lemonaid unless
otherwise stated herein, owns or controls all relevant intellectual property rights in the Site and
the Content. You may not publish, distribute, extract, re-utilize, or reproduce any part of the
Site or the Content in any form (including storing it in any medium) other than as expressly
allowed herein or as set out in the Site and the Content.
3. The Service. Lemonaid Music LLC is an online retail service (“Service”) that allows you
to browse and purchase downloadable pre-recorded sounds, sound effects, loops and
generated MIDI data (“Sound Files”), and software files (“Software Files”), please note this is
not an exhaustive list of services or products offered by Lemonaid Music LLC. Together, the
Sound Files and Software Files, and all accompanying downloadable documentation
(“Documentation”), are the “Products”. The Service utilizes the cloud in provision of its
services by downloading and using the products for sale, you accept that the use of said
product may be changed without prior notice being given to the user. You acknowledge that
this product’s uptime is not guaranteed but every effort is made on an ongoing basis to
ensure that there is no disruption in service. You further acknowledge that this product
requires internet connectivity and further agree that Lemonaid Music LLC is not responsible
for any issues that may arise with your ability to use this product as a result of any service
outages which may occur with regard to your own internet connectivity.
4. License for Download and Use of Products. By purchasing a Product (and subject to
your compliance with this Agreement), Lemonaid Music LLC grants to you (and only you) a
non-exclusive, non-sublicensable, non-transferable license to download and use the Products
you purchase from Lemonaid Music LLC. You may not sell any Product(s), or give away any
Product(s) for use by any other person(s). Products may not be used in or in relation to any
competitive products that are sold or relicensed to any third parties. Except as expressly
permitted herein, to the fullest extent of applicable law you may not copy, modify, distribute,
sell or lease any Product, and you may not reverse engineer or attempt to extract the source
code of any Product.
5. No Resale of Products. For the avoidance of doubt, you are granted a personal
non-transferable license to use the Products solely for your own personal use. Products are for
use only as described hereunder and must not be shared with or given or transferred to any
third party or uploaded to any file sharing site or offered for resale or public transmission unless
mixed into your own original music productions.
6. Protection of Audio and Software Products. You expressly agree to take all reasonable
steps to protect the Product(s) you purchase (including Documentation) from unauthorized
copying or use. This includes protecting your devices and networks from unauthorized access
(and you shall be deemed responsible for any third party use of your personal devices and
networks). You agree not to modify any Product(s) or to otherwise circumvent any method or
means adopted or implemented by Lemonaid Music LLC (or its partners or licensees) to protect
against or discourage the unlicensed use of copying of the Product(s).
7. Ownership. Ownership of, and title to, the Products (and all, generated MIDI, digitally
recorded sounds and/or copies therein) is held by Lemonaid Music LLC. Copies are provided to
you solely to enable you to exercise your rights hereunder. When you purchase any Product(s),
you are purchasing a limited license for use (and not ownership) of Product(s). Except as
expressly authorised in this Agreement, you may not rent, lease, sell, sublicense, distribute,
transfer, copy, reproduce, display, modify or time share any Product(s) or Documentation (or
part or element thereof).
8. Copyright. All rights not expressly granted to User are reserved. The Products are
licensed, not sold, to you to be used for (or, in the case of generated MIDI, Sound Files,
reproduced within) only your own original musical compositions and productions. All copying,
lending, duplicating, re-selling or trading of any Product or other Content is strictly prohibited,
save as used for or incorporated into your original created works. Only the original purchaser of
the product which in this case includes but is not limited to midi progressions and sound files
has the right to embody and reproduce that midi progression and/or sound file within their
music compositions/productions. This license is granted for a single user only (and is given on a
worldwide basis). You agree and acknowledge that Lemonaid Music LLC has a proprietary
interest in all MIDI recordings, sound recordings available via the Site, and that any use by you
that frustrates the purpose of this Agreement or circumvents the revenue model of Lemonaid
Music LLC (including without limitation selling, renting, or otherwise using or distributing
un-integrated Content) may cause irreparable loss to Lemonaid Music LLC in a way that could
not be adequately compensated by damages. For the avoidance of doubt, no ownership of
copyright is transferred by Lemonaid Music LLC to Users hereunder, by purchasing this product
you are not considered the owner of any of the midi progressions and/or sound files produced.
9. Pricing. Prices are as set out on the relevant pages of the Site from time to time. Prices
(and availability of specific Products) are subject to change by posting new prices or notification
of availability at any time and with no advanced notice.
10. Payments. Payments may be by credit or debit card using Visa, MasterCard, American
Express or PayPal (or other payment methods offered from time to time as detailed on the
Service). All credit/debit cardholders are subject to validation checks and authorisation by the
card issuer. If your card issuer refuses to authorize payment, your order will be canceled and we
will not be liable for any delay or non-delivery. We are not responsible for your card issuer or
bank charging you as a result of us processing of your credit/debit card payment in accordance
with your order, and we shall not be obliged to inform you of any reason for refusal. By using
your credit or debit card, you confirm that the card belongs to you and that there are sufficient
funds or credit available to cover the charges. By placing any order hereunder, you warrant and
represent that you are legally capable of entering into binding contracts and that you have
agreed to be bound by this Agreement. Please note that international payments and certain
payment methods may give rise to higher payment processing costs.
11. Refunds. Due to the nature of downloadable products and online services, no refunds
are available for Products which have already been downloaded. Any refund request will be
considered at our sole discretion and our decision will be final. Nothing herein affects your
statutory rights.Please note that the product key provided upon your purchase may only be
used across three different devices.
12. User Code of Conduct. You agree to obey all applicable laws in using the Site and the
Content. You agree that you are responsible for your conduct whilst using the Service and you
· not to participate in any form of activity which is unlawful, harassing, libellous,
defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually-oriented,
racially-offensive or otherwise includes objectionable material;
· not to abuse other Users or anyone else;
· not to use the Site to engage in any commercial activities other than as approved
· not to contact anyone who has asked not to be contacted;
· not to “stalk” or otherwise harass any other User;
· not to collect personal data about other Users for commercial or unlawful purposes;
· not to use automated means, including spiders, robots, crawlers, data mining tools, or
the like to download data or otherwise in relation to the Service; or
· not to attempt to gain unauthorised access to our computer systems or engage in any
activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs
the functionality of, the Service.
13. Warranty and Indemnity. User hereby warrants and represents that User has the right
and power to enter into and fully perform all of its obligations under this Agreement; User will
defend, indemnify, and hold harmless Lemonaid Music LLC, its parents, subsidiaries, affiliates,
directors, officers, employees, and agents, with respect to any claim, demand, cause of action,
or debt or liability brought by or claimed by any third party, including attorneys’ fees, to the
extent that any such claim is based upon or arises out of a breach of any of User’s
representations, warranties, covenants, or obligations.
14. Termination of this Agreement. We may at any time terminate this legal Agreement, at
our sole discretion without prior notice to you and without reimbursement, if we believe that
you may have breached (or acted in a manner indicating that you do not intend to or are unable
to comply with) any term herein, or if we are legally required to do so by law, or if continuation
is likely to be no longer commercially viable. You acknowledge that you will cooperate fully with
investigations of violations of systems or network security at other sites, including cooperating
with law enforcement authorities in investigating suspected criminal violations. Please note that
any termination of this Agreement will also terminate your license to use the Product(s).
15. Liability. You agree that the liability of Lemonaid Music LLC to you hereunder shall be
limited to the amount you have actually paid to us for all products or services. Except as set out
herein, we shall not be liable for any indirect or consequential loss of any kind in contract, tort
or otherwise arising out of your use of the Site or the Content or in relation to the goods and/or
services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for
death or personal injury caused by negligence.
16. Warranties. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW IN YOUR STATE OR
TERRITORY, ALL Lemonaid Music LLC PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT
LIMITING THE FOREGOING, Lemonaid Music LLC MAKES NO WARRANTY THAT (A) THE SERVICES
WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE, OR ERROR-FREE, (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES WILL BE
EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY MATERIALS OR SERVICES
OBTAINED BY YOU FROM THE SITE, FROM US, OR FROM ANY THIRD PARTIES' WEBSITES TO
WHICH THE SITE IS LINKED, WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES,
ERRORS OR DEFECTS. THE USE OF THE SERVICES IS AT YOUR OWN RISK AND WITH YOUR
AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
DEVICE OR SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
17. Indemnity. You agree to indemnify us for any loss or damage that may be incurred by
Lemonaid Music LLC, including without limitation legal fees, arising from any breach by you of
any warranty or other term herein or your misuse of any material or information obtained
through the Site or the Content.
18. Complaints. If you believe that you are the owner of the copyright or other rights in any
material appearing on the Site, or if you have any other complaint about the Site or any Content
or other posted materials, please contact us via email@example.com. If you would
like to notify us of Content, which you believe does not comply with this Agreement or
otherwise is objectionable, please notify us via firstname.lastname@example.org making sure to
include both the Uniform Resource Locator ("URL") for the non-complying item(s) and the
reasons you believe it does not comply). Please note that there may be adverse legal
consequences if you make a false or bad faith allegation through this process.
19. Hacking. You agree and undertake not to attempt to damage, deny service to, hack,
crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with the Site and/or the
Content in any manner. If you in any way Interfere with any of these, you agree to pay all
damages we incur as a result. We will cooperate with the authorities in prosecuting any User
who Interferes with the Site or the Content or otherwise attempts to defraud Lemonaid Music
LLC or any other parties through your use of the Site, the Content or any services provided
hereunder. We reserve the right to deny any or all access or service to any User for any reason,
at any time, at our sole discretion. You agree that we may block your access, and at our sole
discretion to disallow your continued use of the Site and/or the Content. We reserve the right to
take any action we may deem appropriate in our sole discretion with respect to violations or
enforcement of the terms of this Agreement, and we expressly reserve all rights and remedies
available to us at law or in equity.
20. No Partnership. Your use of the Site and/or the Content creates no partnership, client,
fiduciary or other professional relationship.
21. Entire Agreement. This Agreement constitutes the entire agreement between the
parties on the subject matter hereof. There are no understandings, agreements, or
representations, oral or written, not specified herein regarding this Agreement.
22. Force Majeure. We will not be liable or responsible for any failure to perform, or delay in
performance of, any of our obligations hereunder that is caused by events outside our
23. Severance. If any part, term, or provision of this Agreement shall be held by a court of
competent jurisdiction to be illegal, unenforceable, or in conflict with any relevant law, the
remaining portions or provisions shall still remain valid and continue in full force and effect.
24. No Waiver. No waiver, express or implied, by either party of any term or condition or of
any breach by the other of any of the provisions of this Agreement shall operate as a waiver of
any breach of the same or any other provision of this Agreement.
25. Variation. This Agreement may be varied from time to time by our posting new terms on
the Site, and any such amendment will be applicable to all Users from the date and time such
revised terms have been posted on the Site. Your continued use of the Site or Services
constitutes agreement with and acceptance of any such amendment or other changes. We
constantly experiment and innovate with the Site in order to provide a better experience for
Users and you hereby acknowledge and agree that the form and nature of the Services may
change from time to time without prior notice to you.
26. Law and Jurisdiction. This Agreement shall be governed by and construed in accordance
with the laws of Canada. Any disputes arising under or in connection with this Agreement shall
be subject to the exclusive jurisdiction of the Courts of New York.
27. Contacting Us. If you have any questions, please contact us