1. Your agreement with Tunely
These Terms of Service (“Terms”) govern your use of Tunely, including tunely.com, our native apps, music generation, custom music players, visualizers, shared songs, playlists, and embedded players (together, the “Service”). The Service is operated by Blue Cap Collective, LLC (“Tunely,” “we,” “us,” or “our”).
By using the Service, you agree to these Terms. If you do not agree, do not use the Service. If you use Tunely for an organization, you represent that you can accept these Terms on its behalf. Our Privacy Policy explains how we handle information about you.
2. Age and eligibility
You must be at least 13 years old, or the higher minimum age required where you live, to use the Service. If you have not reached the age of majority, a parent or legal guardian must give permission and accept responsibility for your use.
AI music generation is available only to people who are at least 18 and have reached the age of majority where they live. Parental permission does not remove this generation restriction.
3. Accounts and security
Some features require an account. Depending on the platform, you may sign in with email and a password, a passkey, or Sign in with Apple. Provide accurate account information, keep your credentials secure, and tell us promptly if you suspect unauthorized access.
You are responsible for activity you authorize through your account. Do not share credentials, sell or transfer your account, impersonate another person, or claim a handle that infringes someone else’s rights. We may reclaim or restrict handles to address impersonation, infringement, or abuse.
Access, purchases, and content are associated with the account used for them. Signing in separately on two platforms does not automatically link those accounts. Use the account connection options we provide when available.
4. AI music and generated outputs
Tunely uses third-party AI services to turn your prompts, settings, and optional lyrics into music. AI may also help write lyrics, interpret your description, or assign tags. Results can be unexpected, inaccurate, objectionable, or similar to another person’s work. We do not promise a particular result, originality, exclusivity, or freedom from third-party claims.
You retain your rights in material you submit. As between you and Tunely, we do not claim ownership of your generated outputs. Subject to these Terms, applicable law, and any additional usage conditions disclosed before generation, you may use your outputs for lawful personal or commercial purposes.
Generation features and the AI services supporting them may change. We will disclose any additional conditions that materially affect your use of new outputs before you generate them.
Permission to use an output does not guarantee that it is eligible for copyright protection or that you hold rights in any third-party material it resembles. Review outputs before publishing, distributing, or monetizing them, and obtain any permissions your use requires. Do not misrepresent a song as another artist’s work or endorsement.
5. Your content and our permission to use it
“Your Content” includes prompts, lyrics, songs, titles, profile information, comments, playlists, and player designs you submit or create using the Service. You represent that you have the rights and permissions needed to submit it and to authorize the uses described here.
You grant Tunely a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, adapt for technical delivery, and display Your Content to operate the Service. This includes generating music, formatting and streaming audio, rendering players and previews, checking content for compliance with these Terms, and sharing eligible content according to your settings. We may allow our service providers to perform these functions on our behalf.
When you make content public, share an unlisted link, or enable embedding, this license also permits delivery to listeners and display through the sharing features you enable. It does not transfer ownership of Your Content to us or give other listeners a general right to commercially reuse your songs.
This permission lasts while we provide the relevant content through the Service, subject to the deletion and limited retention described in our Privacy Policy. Copies already downloaded, recorded, or shared outside Tunely may remain outside our control.
6. Sharing, custom players, and embeds
- Public songs can be played by anyone, shown on your profile and discovery pages, linked to, and indexed by search engines.
- Unlisted songs can be played by anyone with the sharing link. Anyone receiving that link can pass it on. Unlisted does not mean confidential.
- Private songs are restricted to your account through the Service. Making a playlist public does not make a private song publicly playable.
Embedding lets an enabled song or shareable playlist play on another website through Tunely’s player. You may use the embed tools we provide, subject to the creator’s settings and these Terms. Do not remove attribution, bypass access controls, or imply that Tunely or a creator endorses your site. Access may end if content is deleted or restricted, sharing settings change, or the Service is unavailable.
Sharing is subject to our content rules and safety checks. A public-access restriction takes precedence over your sharing settings, including unlisted links and embeds. It does not transfer ownership of the content or automatically delete it. Audio links already issued may keep working for up to five minutes after a restriction or sharing change. Audio already buffered, downloaded copies, and third-party caches may remain outside our control.
Public comments and profile details can be seen by others. Group playlist participants can see membership and contributions made available in that playlist. Share only information you are comfortable disclosing, and keep copies of content you need to retain.
7. Song packs, subscriptions, and payments
Paid features may include generation packs, subscriptions, and other purchases. The price, currency, taxes, included allowance, and any renewal terms are shown before purchase. Web song packs are one-time purchases and do not automatically renew. Credits are a limited right to request generations within Tunely, have no cash value, and cannot be transferred or redeemed for money except where required by law.
Web purchases are processed by our checkout and payment providers. Native app purchases are processed by the applicable app store. Use the correct account at checkout; access across platforms depends on account linking and the product purchased.
If you purchase an auto-renewing subscription, it renews and is charged according to the terms shown at purchase unless canceled through the platform that billed you. A trial may convert to a paid subscription as disclosed at signup. Deleting Tunely or your account does not itself cancel an app store subscription.
A completed generation uses allowance even if its creative result is not what you hoped for. Contact [email protected] if a generation fails, a purchase does not appear, or you want to request a web purchase refund. App store refunds must be requested through the store that charged you. Purchases are otherwise non-refundable, except as required by applicable law or the billing platform’s policy. Nothing here limits mandatory consumer rights, including remedies for defective or undelivered digital content.
We may change prices and future offerings. Changes do not retroactively change a completed purchase, and subscription changes will follow the notice and consent requirements of applicable law and the billing platform.
8. Referral song rewards
Referral song credits are promotional bonuses for qualifying purchases by people who create an account from your links, under the referral rules shown in the Service. They have no cash value and expire 12 months after they are granted. Purchased pack credits do not expire.
Rewards are held for 14 days after the qualifying payment. Monthly Supporter rewards qualify after the first paid renewal. A refund during the hold cancels the pending reward. An ordinary refund after a reward has been granted does not remove those earned credits. We may withhold or cancel rewards for self-referral or abuse, and reverse rewards obtained through fraud or abuse.
We may change the referral rules or end the program for future referrals or purchases, subject to any notice required by applicable law. Ending the program does not itself remove credits already granted; their original expiry still applies.
9. Acceptable use and generation limits
Do not use the Service to:
- Violate the law, infringe copyright or other rights, or disclose someone’s private information without permission.
- Harass, threaten, exploit, impersonate, or defraud others; distribute hateful or illegal material; or create sexual content involving minors.
- Upload malicious code, probe or bypass security, obtain another person’s private content, or disrupt the Service.
- Scrape or automate access without permission, extract content in bulk, or circumvent purchase, rate, or generation limits.
- Manipulate likes, follows, comments, or discovery; distribute spam; or repeatedly recreate accounts to reset a free allowance.
Our Community Guidelines explain these rules for shared songs, unlisted links, embeds, profiles, playlists, and comments. Profanity alone, non-graphic adult themes, criticism, satire, and fictional or recovery narratives are not automatically violations. Context matters. Shared content must not include pornographic sexual content, sexual exploitation, targeted abuse, hateful attacks, threats, or encouragement or instructions for serious harm. An explicit-language label is separate from a content restriction.
Free and included generations are subject to the eligibility and limits displayed in the Service. We retain limited records of free usage to prevent allowance resets after account deletion, as described in our Privacy Policy. We may restrict abusive activity or suspend access to protect the Service and other users.
10. Content reports and moderation
We use automated checks and human review to help enforce these Terms. Checks may assess shared text, lyrics, and transcripts of generated vocals using third-party AI services. They can make mistakes. Publication may wait for assessment, and suspected violations may receive a reversible restriction on public access while they are reviewed. We do not promise that automated checks or reports will identify every violation.
An automated flag alone does not delete a song, create an account strike, or deduct credits. We provide a reason for a sharing restriction and a way to edit or appeal it. An appeal requests human reconsideration, including relevant context you provide. Serious or repeated confirmed violations may lead to account restrictions after human review. We may take additional action, including removal, where necessary for illegal content, urgent safety concerns, rights infringement, or legal obligations.
Use the available reporting controls or report abuse to [email protected] with the content URL, a description of the problem, and your contact details. For audio, include a timestamp where possible. Reports are assessed on their substance, not their number alone. Contact us at the same address if you believe we restricted your content or account in error or cannot use the appeal control. We prioritize serious safety concerns; review times vary with urgency and complexity.
Send copyright complaints and counter-notifications to our designated copyright agent as described in our Copyright & DMCA Policy. We terminate the accounts of repeat copyright infringers in appropriate circumstances.
11. Tunely’s software, brand, and third-party services
Tunely’s software, branding, interface, player templates, graphics, and other Service materials belong to us or our licensors. We give you a limited, non-exclusive, non-transferable right to use them through the Service and our authorized sharing tools. Do not copy or resell the Service, remove proprietary notices, or reverse engineer it except where applicable law permits.
TUNELY™ is a trademark of Blue Cap Collective, LLC. You may refer to Tunely by name to describe or link to the Service and display Tunely attribution provided through our authorized sharing tools. Without our written permission, you may not use the Tunely name in a way that suggests sponsorship or endorsement, or incorporate it into your own product, app, or account name.
Authentication, payments, AI processing, hosting, and websites where players are embedded may be provided by third parties. Their applicable terms and privacy policies also govern your dealings with them. Features may be affected by their availability, technical limits, or policy changes.
12. Ending your use of Tunely
You may stop using the Service at any time and delete your account through the available account settings. Contact us if you need help. Account deletion removes access to your songs, playlists, and unused account allowances, subject to applicable consumer rights and the retention described in our Privacy Policy.
We may suspend or terminate access for violations of these Terms, fraud, abuse, nonpayment, or legal or security risks. We may also change or discontinue the Service, with notice and any remedies required by law. Provisions concerning accrued payments, intellectual property, disclaimers, liability, and disputes continue to apply after your use ends.
13. Disclaimers
To the maximum extent permitted by law, the Service is provided “as is” and “as available.” We disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not guarantee uninterrupted access, error-free operation, permanent storage, or accurate, original, or exclusive generated content. You are responsible for reviewing content and keeping any backups you need. These disclaimers do not exclude warranties or protections that cannot lawfully be excluded.
14. Limits on liability
To the maximum extent permitted by law, Blue Cap Collective, LLC and its service providers will not be liable for indirect, incidental, special, consequential, or punitive damages, or lost profits, revenue, or data, arising from your use of the Service.
To the maximum extent permitted by law, our total liability for claims arising from the Service will not exceed the greater of US $50 or the amount you paid us for the Service during the 12 months before the event giving rise to the claim. These limits do not apply to liability that cannot legally be limited, including any applicable mandatory consumer protections.
15. Responsibility for third-party claims
To the extent permitted by law, you agree to indemnify and hold harmless Blue Cap Collective, LLC from third-party claims, damages, and reasonable expenses arising from Your Content, your unlawful use of generated outputs, or your violation of these Terms or someone else’s rights. This does not require you to cover claims caused by our own breach of these Terms or unlawful conduct.
16. Governing law and your statutory rights
California law governs these Terms, without regard to conflict of law rules. If you live in a jurisdiction with mandatory consumer protections, you retain those protections and any rights to bring a claim in your local courts that applicable law provides. If a provision is unenforceable, the remaining provisions continue to apply.
17. Changes to these Terms
We may update these Terms as Tunely evolves. We will post the revised version and update the date above. For material changes, we will provide additional notice and obtain consent where required by law. Changes apply from the effective date stated in the notice or revised Terms. Your continued use after that date constitutes acceptance to the extent permitted by law. If you disagree, stop using the Service.
18. Contact
For questions about these Terms, purchases, or content, contact Blue Cap Collective, LLC at [email protected].
TUNELY™ is a trademark of Blue Cap Collective, LLC.