Terms of Use

Effective: May 6, 2025

Thank you for using Incurator! These Terms of Use apply to your use of the Incurator application, including its AI Assistants, Production Tools, Marketing Tools, Booking Tools, Contract Tools, Library, DNA, and Pulse features, along with any associated software applications and websites (all together, "Services"). These Terms form an agreement between you and INCURATOR LLC, a Florida LLC ("Incurator", "we", "us", or "our"), and they include important provisions for resolving disputes through arbitration. By using our Services, you agree to these Terms. Our Privacy Policy explains how we collect and use personal information. Although it does not form part of these Terms, it is an important document that you should read.

Beta Services Acknowledgment

Please note that the Services are currently offered as an "Open Beta". This means that the Services are still under development, and may contain bugs, errors, or inaccuracies. Features and functionalities may be incomplete or subject to change without notice. Your use of the Services during this beta period is at your own risk. We appreciate your understanding and feedback as we work to improve Incurator. Any feedback you provide regarding the beta Services is subject to Section 2 (Feedback) of these Terms.

1. Registration and Access

Minimum Age

You must be at least 13 years old or the minimum age required in your country to consent to use the Services. If you are under 18 you must have your parent or legal guardian's permission to use the Services.

Registration

You must provide accurate and complete information to register for an account to use our Services. You may not share your account credentials or make your account available to anyone else and are responsible for all activities that occur under your account. If you create an account or use the Services on behalf of another person or entity, you must have the authority to accept these Terms on their behalf. You agree to notify Incurator immediately of any unauthorized use of your account or any other breach of security.

2. Using our Services

What You Can Do

Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as any usage policies or guidelines we make available to you.

What You Cannot Do

You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:

  • Use our Services in a way that infringes, misappropriates or violates anyone's rights.
  • Modify, copy, lease, sell or distribute any of our Services, except as explicitly permitted.
  • Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
  • Automatically or programmatically extract data or Output (defined below) in a manner that violates our policies or could disrupt the Services.
  • Represent that Output was human-generated when it was not, or otherwise mislead as to the nature of the Output.
  • Interfere with or disrupt our Services, including circumventing any rate limits or restrictions or bypassing any protective measures or safety mitigations we put on our Services.
  • Use Output to develop models or services that compete with Incurator.

Software

Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you're using the latest version. Our software may include open source software that is governed by its own licenses that we've made available to you.

Third-Party Services

Our Services may integrate or offer access to third-party software, products, or services ("Third-Party Services"). These Third-Party Services are subject to their own terms, and we are not responsible for them.

Feedback

We appreciate your feedback, and you agree that we may use it without restriction or compensation to you.

3. Content

Your Content (Input)

You may provide input to the Services ("Input"), such as text prompts, audio files, images, or data for analysis. You are responsible for your Input, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to our Services.

Output from Services

You may receive output from the Services based on your Input ("Output"). Output includes, but is not limited to, generated text, audio, video, images, analyses, reports, and suggestions from any of Incurator's features.

Ownership of Content

As between you and Incurator, and to the extent permitted by applicable law, you (a) retain your ownership rights in Input and (b) own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.

Similarity of Content

Due to the nature of our Services and artificial intelligence generally, Output may not be unique, and other users may receive similar or identical Output from our Services. Our assignment of Output to you does not extend to other users' Output or any Third-Party Output.

Our Use of Content

We may use Input and Output (collectively, "Content") to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe. If you do not want us to use your Content to train our models, you may be able to opt out through your account settings or by contacting us (details to be provided in a Help Center or relevant policy). Please note that in some cases this may limit the ability of our Services to better address your specific use case.

Accuracy and Reliability of Output

Artificial intelligence and machine learning are rapidly evolving fields. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may, in some situations, result in Output that does not accurately reflect real people, places, or facts, or which may be incomplete, incorrect, or offensive.

4. Description of Incurator Services

The "Services" covered by these Terms include, but are not limited to, the following core functionalities of the Incurator App:

AI Assistants (Chat)

Your 24/7 on-demand experts! Interact with specialized AI assistants for:

  • General Guidance: Answers to industry questions and career advice.
  • Finance: Navigate music finances, budgeting, and revenue streams.
  • Production: Analyze your music's composition and production quality.
  • Marketing: Craft effective promotion strategies.
  • Contracts: Simplify and understand legal agreements.
  • Mental Wellness: Access support for emotional and mental challenges.
  • Community Building: Grow and engage your fanbase with proven strategies.

Production Tools

Gain deep insights into your music with advanced AI analysis:

  • Mastering Tool: Master your audio files to professional quality.
  • Autotune Tool: Apply professional pitch correction to your vocals.
  • Sample Generator: AI tool that generates music samples or tracks from text descriptions.
  • Emotional Impact Analysis: Assess your music's emotional resonance.
  • Engagement Analysis: Predict listener engagement and approachability.
  • Structure Analysis: Visualize song structure, BPM, and arrangement.
  • Genre Classification: Identify your music's genres.

Marketing Tools

Amplify your reach with AI-driven marketing solutions:

  • Video Director: Get filming instructions, upload clips, and receive an edited video.
  • Video Sound Effects: Automatically adds AI-generated sound effects to videos.
  • Background Replacer: Replace image backgrounds using text or a reference image.
  • Auto-Caption: Generates and adds styled captions to videos.
  • Image Editor: Edit and enhance images using AI.
  • Trends Analysis: Insights into social media and industry trends.
  • Bio Generation: Craft compelling artist bios.
  • Campaign Creation: Build marketing plans based on budget, platforms, and goals.
  • Press Release Generator: Create professional announcements.

Booking Tools

Streamline your gig opportunities:

  • Venue Finder: Discover venues based on location, genre, capacity, and bio.
  • Email Generator: Create professional gig proposal emails.

Contract Tools

Navigate legal complexities with ease:

  • Contract Analysis: Break down agreements into clear summaries.
  • Rights Assessment: Evaluate your rights and obligations.
  • Payment Analysis: Understand financial terms.

Library

Expand your knowledge with a curated collection:

  • Insights: AI-generated industry trends and analysis.
  • Tailored Resources: Personalized content based on your profile.
  • Webinars, Tutorials, Articles, Must-Haves, Podcasts: Diverse educational materials.

DNA

Comprehensive, editable artist profile covering background, career, goals, strengths, and more, generated during onboarding and viewable section by section.

Pulse

AI accountability assistant that helps track goals and tasks, visualize progress via timelines and summaries, using context from your profile and interactions.

5. Our Intellectual Property Rights

We and our affiliates own all rights, title, and interest in and to the Services, including all underlying software, technology, models, and documentation. You may only use our name and logo in accordance with any brand guidelines we may provide.

6. Paid Accounts

Billing

If you purchase any Services or subscribe to a paid tier, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You're responsible for all applicable taxes, and we'll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.

Service Credits

We may offer service credits for purchase or as part of promotions. All service credits are subject to any specific terms provided at the time of purchase or issuance.

Cancellation

You can cancel your paid subscription at any time through your account settings or by contacting support. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.

Changes to Pricing

We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days' notice, and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.

7. Termination and Suspension

Termination by You

You are free to stop using our Services at any time. If you have a paid account, information on cancelling your subscription is detailed above.

Termination or Suspension by Us

We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:

  • You breached these Terms or our Usage Policies.
  • We must do so to comply with the law.
  • Your use of our Services could cause risk or harm to Incurator, our users, or anyone else.
  • Your account has been inactive for an extended period (e.g., over a year) and you do not have a paid account (we will provide advance notice if this is the case).

Appeals

If you believe we have suspended or terminated your account in error, you can file an appeal with us by contacting our Support team.

8. Discontinuation of Services

We may decide to discontinue certain features or parts of our Services. If we do, we will endeavor to give you advance notice. If you have a paid account for a Service that is discontinued, we may offer a refund for any prepaid, unused portion of that Service.

9. Disclaimer of Warranties

YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, NEITHER INCURATOR NOR ANY PERSON ASSOCIATED WITH INCURATOR MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED, OR THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. IN THE EVENT OF ANY PROBLEM WITH THE SERVICES OR THEIR CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE ACCESSING AND USING THE SERVICES.

10. Limitation of Liability

NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE SERVICES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Some jurisdictions do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Terms only limit our responsibilities to the maximum extent permissible in your country of residence. OUR AFFILIATES, SUPPLIERS, LICENSORS, AND DISTRIBUTORS ARE INTENDED THIRD PARTY BENEFICIARIES OF THIS SECTION.

11. Indemnity

To the extent permitted by law, you agree to indemnify, defend, and hold harmless Incurator, our affiliates, and our respective officers, directors, employees, contractors, licensors, and agents from and against any and all claims, suits, actions, losses, costs, damages, liabilities, and expenses (including reasonable attorneys' fees) brought by a third party arising out of or related to (i) your use or misuse of the Services or Content; (ii) your violation of any applicable law or the rights of any other person or entity; or (iii) your breach or violation of these Terms.

12. Dispute Resolution

YOU AND INCURATOR AGREE TO THE FOLLOWING MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS:

Mandatory Arbitration

You and Incurator agree to resolve any claims arising out of or relating to these Terms or our Services, regardless of when the claim arose (a "Dispute"), through final and binding arbitration. You may opt out of arbitration within 30 days of account creation or of any updates to these arbitration terms by following a procedure we will provide (e.g., a form on our website or contacting support).

Informal Dispute Resolution

We would like to understand and try to address your concerns prior to formal legal action. Before either of us files a claim against the other, we both agree to try to resolve the Dispute informally. You agree to do so by sending us notice to support@incurator.io. We will do so by sending you notice to the email address associated with your account. If we are unable to resolve a Dispute within 60 days, either of us has the right to initiate arbitration. Any statute of limitations will be tolled during this informal resolution process.

Arbitration Forum

If we are unable to resolve the Dispute, either of us may commence arbitration with a recognized arbitration provider such as the American Arbitration Association ("AAA") under its applicable rules, or another mutually agreed-upon arbitration provider. The arbitration will be conducted in accordance with Florida law. Incurator will not seek attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.

Arbitration Procedures

The arbitration will be conducted by videoconference if possible. If an in-person hearing is required, it will take place in a mutually agreed location in Florida, or as determined by the arbitrator. The arbitration will be conducted by a sole arbitrator. The arbitrator will have exclusive authority to resolve any Dispute, except that courts in Miami-Dade County, Florida have the authority to determine any Dispute about the enforceability or validity of the class action waiver.

Exceptions to Arbitration

This section does not require informal dispute resolution or arbitration of the following claims: (i) individual claims brought in small claims court; and (ii) injunctive or other equitable relief to stop unauthorized use or abuse of the Services or intellectual property infringement or misappropriation.

Class and Jury Trial Waivers

You and Incurator agree that Disputes must be brought on an individual basis only, and may not be brought as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, and representative actions are prohibited. Only individual relief is available. You and Incurator knowingly and irrevocably waive any right to trial by jury in any action, proceeding, or counterclaim.

13. Copyright Complaints

If you believe that your intellectual property rights have been infringed, please send notice to copyright@incurator.io or fill out any form we may provide. We may delete or disable content that we believe violates these Terms or is alleged to be infringing and will terminate accounts of repeat infringers where appropriate. Your notice must include: (a) A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest; (b) A description of the copyrighted work that you claim has been infringed; (c) A description of where the allegedly infringing material is located on our site; (d) Your address, telephone number, and e-mail address; (e) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

14. General Terms

Assignment

You may not assign or transfer any rights or obligations under these Terms and any attempt to do so will be void. We may assign our rights or obligations under these Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.

Changes to these Terms or our Services

We are continuously working to develop and improve our Services. We may update these Terms or our Services accordingly from time to time (e.g., due to changes in law, security reasons, or to adapt to new technologies). We will give you reasonable advance notice of changes to these Terms that materially adversely impact you, either via email or an in-product notification. All other changes will be effective when posted. If you do not agree to the changes, you must stop using our Services.

Severability and Waiver

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of Incurator at any time to require performance of any provision of these Terms will in no manner affect our right at a later time to enforce the same. A waiver by Incurator of any breach of any provision of these Terms is not to be construed as a continuing waiver of other breaches of the same or other provisions of these Terms, unless such waiver is in writing and signed by Incurator.

Trade Controls

You must comply with all applicable trade laws, including sanctions and export control laws. Our Services may not be used in or for the benefit of, or exported or re-exported to any U.S. embargoed country or territory or to any individual or entity with whom dealings are prohibited or restricted under applicable trade laws.

International Use

Incurator operates the Services from the United States of America. If you choose to access the Services from outside of the United States, you are responsible for complying with all applicable local laws and regulations in your jurisdiction. Access to the Services from territories where the Services or Content are illegal is prohibited.

Entire Agreement

These Terms contain the entire agreement between you and Incurator regarding the Services and supersede any prior or contemporaneous agreements between you and Incurator.

Governing Law

The laws of the State of Florida, U.S.A., excluding its conflicts of law principles, will govern these Terms and any disputes arising out of or relating to them. Except as provided in the "Dispute Resolution" section, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of Miami-Dade County, Florida, U.S.A., and you and Incurator consent to personal jurisdiction in those courts.

Notices and Contact Information

All general notices to Incurator under these Terms should be sent to support@incurator.io. Feedback, comments, requests for technical support, and other communications relating to the Services should also be directed to this address or through designated channels within the Services. For copyright complaints, please follow the procedure in Section 13. For informal dispute resolution, please also use support@incurator.io as specified in Section 12.

Last updated: 6/20/2025