Terms of Service

Effective Date: March 30, 2026

These Terms of Service (“Terms”) govern your access to and use of the Theory 808 platform, website at theory808.com, and related services (collectively, the “Service”) operated by Tensor Wave Inc. (“Tensor Wave,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old to use the Service. If you are between 13 and 18 years of age (or the age of majority in your jurisdiction), you may only use the Service with the consent of a parent or legal guardian who agrees to be bound by these Terms. We do not knowingly collect personal information from children under 13.

2. Accounts

To access certain features, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. You must notify us immediately at hey@theory808.com if you suspect unauthorized use of your account.

3. The Service

Theory 808 provides AI-powered music generation tools that allow users to create audio tracks from text prompts, lyrics, and configurable parameters. The Service uses third-party machine learning models to generate audio content. We do not guarantee that generated outputs will be unique, non-infringing, or suitable for any particular purpose.

4. Subscription Plans, Credits, and Pricing

4.1 Plans and Credits

The Service offers free and paid subscription plans. Each plan includes a specified allocation of generation credits per billing period. Credits are consumed when you initiate a generation. The number of credits required per generation may vary based on track duration, audio quality, model complexity, and other factors.

4.2 Right to Modify Pricing and Credit Costs

We reserve the right to modify subscription pricing, credit allocations, and the number of credits consumed per generation at any time. Changes to subscription fees will take effect at the beginning of your next billing cycle. Changes to credit consumption rates may take effect immediately. We will provide reasonable notice of material changes via email or in-app notification. Your continued use of the Service after such changes constitutes acceptance of the new terms.

4.3 Pricing Errors

We are not obligated to honor transactions resulting from obvious pricing errors, technical glitches, or system malfunctions. We reserve the right to cancel or reverse any such transactions.

4.4 Credit Expiration

Free-tier credits reset daily and do not accumulate. Paid-plan credits reset at the beginning of each billing cycle and do not roll over. Unused credits are forfeited at the end of each billing period.

5. Payment and Billing

Paid subscriptions are billed in advance on a monthly or annual basis through our third-party payment processor (currently Stripe). By subscribing to a paid plan, you authorize us to charge the payment method on file for all applicable fees. You are responsible for keeping your payment information current. If a payment fails, we may suspend or downgrade your account.

6. Cancellation and Refunds

6.1 Cancellation by You

You may cancel your subscription at any time through your account settings or by contacting us at hey@theory808.com. Upon cancellation, your paid features will remain active until the end of your current billing period. After that, your account will revert to the free plan.

6.2 Cancellation by Us

We reserve the right to suspend, downgrade, or terminate your subscription or account at any time, with or without cause, at our sole discretion. If we cancel your paid subscription for reasons other than a violation of these Terms, we will issue a prorated refund for the unused portion of your current billing period. If we cancel your account due to a violation of these Terms, no refund will be issued.

6.3 Refund Policy

Except as set forth in Section 6.2, all fees are non-refundable. Credits are non-refundable and non-transferable. We do not provide refunds for unused credits, partial billing periods, or dissatisfaction with generated outputs. Where required by applicable law (including but not limited to the EU Consumer Rights Directive), statutory refund rights are preserved.

7. Content Ownership and Licenses

7.1 Your Inputs

You retain ownership of any original content you provide as input to the Service, including text prompts, lyrics, and uploaded reference materials (“User Inputs”). You represent and warrant that you have all necessary rights to provide such inputs and that they do not infringe any third-party intellectual property rights.

7.2 Generated Outputs

Free Plan: Generated outputs are licensed to you for personal, non-commercial use only. You may not monetize, sublicense, or commercially distribute outputs generated on the free plan.

Paid Plans (Pro and Premium): Subject to your compliance with these Terms and active subscription status, you are granted ownership of outputs generated during your paid subscription period, including the right to use them for commercial purposes such as streaming, sync licensing, and distribution.

7.3 License to Us

By using the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, and display your User Inputs and generated outputs for the purposes of operating, improving, and promoting the Service, including training and improving our AI models. This license survives termination of your account.

7.4 No Guarantee of Uniqueness

AI-generated outputs are produced by machine learning models and may be similar or identical to outputs generated for other users or to existing copyrighted works. We make no representations or warranties regarding the originality, uniqueness, or non-infringement of any generated output. You are solely responsible for ensuring that your use of generated outputs does not infringe the rights of any third party.

8. Acceptable Use

Your use of the Service is subject to our Acceptable Use Policy, which is incorporated into these Terms by reference. Violation of the Acceptable Use Policy may result in immediate suspension or termination of your account.

9. DMCA and Copyright Claims

9.1 Designated Agent

If you believe that content available through the Service infringes your copyright, you may submit a notice to our designated agent at hey@theory808.com with the subject line “DMCA Takedown Notice.” Your notice must include:

Identification of the copyrighted work claimed to be infringed.
Identification of the material that is claimed to be infringing and its location on the Service.
Your contact information (name, address, telephone number, email).
A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
Your physical or electronic signature.

9.2 Counter-Notification

If you believe your content was removed in error, you may submit a counter-notification to the same address with the information required under 17 U.S.C. § 512(g).

9.3 Repeat Infringers

We will terminate the accounts of users who are determined to be repeat infringers in appropriate circumstances.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components. We do not warrant the accuracy, completeness, or reliability of any generated output.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TENSOR WAVE INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

12. Indemnification

You agree to indemnify, defend, and hold harmless Tensor Wave Inc. and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your User Inputs or use of generated outputs; (c) your violation of these Terms; or (d) your violation of any third-party rights.

13. Dispute Resolution

Any dispute arising out of or related to these Terms or the Service shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction. The arbitration shall be conducted in English.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

15. Modifications to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or by posting a notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms.

16. General Provisions

Entire Agreement: These Terms, together with the Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and Tensor Wave Inc.
Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver: Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision.
Assignment: We may assign our rights and obligations under these Terms without your consent. You may not assign your rights without our prior written consent.
Force Majeure: We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, labor disputes, government actions, internet or infrastructure failures, or third-party service outages.

17. Contact

If you have questions about these Terms, contact us at:

Tensor Wave Inc.
Email: hey@theory808.com
Web: tensorwave.co