1. Provider; Scope of these Terms
1.1 These Terms and Conditions (the “Terms”) govern the download and use of the ReelMusic mobile application (the “App”) and all related services, content and features offered through it (together, the “Service”). The Service is offered by Roman Koch, sole proprietor (Einzelunternehmer), Martin-Opitz-Str. 14, 13357 Berlin, Germany, e-mail: apps@romankoch.online (“ReelMusic”, “we”, “us”).
1.2 By downloading the App, creating an account or using the Service, you accept these Terms. If you do not agree to these Terms, you must not use the Service.
1.3 A “Consumer” is any natural person who uses the Service for purposes that are predominantly outside their trade, business, craft or profession (Section 13 of the German Civil Code, BGB). A “Business User” is any natural or legal person or partnership with legal capacity who uses the Service in the exercise of their trade, business, craft or profession (Section 14 BGB). Certain provisions of these Terms apply only to Consumers or only to Business Users, as indicated.
1.4 Deviating, conflicting or supplementary terms and conditions of a Business User do not become part of the contract, even if we do not expressly object to them.
1.5 These Terms constitute the end user license agreement (EULA) for the App within the meaning of the Apple App Store terms and replace Apple’s standard EULA. Section 12 (Apple-Specific Provisions) applies in addition.
2. Definitions
For the purposes of these Terms:
- “Input” means any content you submit to the Service, including video files, the audio contained in them, text prompts, style selections, sliders and other settings;
- “Analysis Data” means machine-generated descriptions, briefs and metadata derived from your Input (e.g. a description of the mood, pacing and content of your video);
- “Generated Track” means any musical or other audio work generated by the Service for you on the basis of your Input and Analysis Data;
- “Output” means Generated Tracks and Analysis Data collectively;
- “Final Video” means an audiovisual work created with the Service by combining or synchronizing your Input video with a Generated Track;
- “AI Providers” means the third-party artificial-intelligence services we use to operate the Service, as described in Section 11;
- “Commercial Use” means any use in connection with a trade, business, craft or profession, including without limitation advertising and marketing, publication on business, professional or brand social-media accounts, content produced for clients, and content from which revenue is derived (e.g. advertising revenue, creator funds, sponsorships);
- “Paid Plan” means any paid subscription, credit package or other paid access tier offered in the App; “Free Plan” means any free access tier, trial or evaluation access.
3. The Service
3.1 The Service allows you to upload a video, have it analyzed by artificial-intelligence systems, generate original music fitted to the video, adjust the result (e.g. trimming, positioning and volume balancing) and export the Final Video to your device.
3.2 Generated Tracks are created by machine-learning models. The generation process is probabilistic: results vary between runs, and we do not warrant that a Generated Track will have any particular musical quality, style, duration or suitability for your intended purpose. Where offered, you may re-run the generation to obtain alternative results; each run may consume usage allowances or credits.
3.3 Generated Tracks are not unique. The same or similar prompts — whether submitted by you or by other users of ReelMusic or of the underlying AI models — may produce similar or substantially similar outputs. You acknowledge that other persons may lawfully use tracks that resemble your Generated Tracks. Section 7.6 applies.
3.4 We may modify the Service, including its features and the underlying AI models and AI Providers, provided that the scope of the rights granted to you under Section 7 for Generated Tracks already generated is not restricted thereby. We will inform you of material changes to the Service in an appropriate manner.
3.5 Features marked as “beta”, “preview” or similar are provided for testing purposes; their availability and functioning may be limited.
4. Eligibility; Account
4.1 You must be at least 18 years old, or have reached the age of majority in your jurisdiction, to enter into this agreement. Minors may use the Service only with the consent of a parent or legal guardian. The Service is not directed at children under 13 years of age.
4.2 If an account is required, you must provide accurate and complete information and keep it up to date. You are responsible for keeping your access credentials confidential and for all activities under your account, unless you are not at fault for unauthorized use.
4.3 You may not sell, rent, share or otherwise transfer your account or access to the Service to third parties.
5. Plans, Credits and Payment
5.1 The features included in the Free Plan and the Paid Plans, as well as applicable prices, usage allowances and credit amounts, are described in the App and in the App Store listing. All prices include statutory VAT where applicable.
5.2 Purchases are processed as in-app purchases through Apple. Billing, payment methods, invoicing and refunds for such purchases are handled by Apple in accordance with the Apple media services terms you have accepted with Apple. Subscription cancellation is managed in your Apple account settings and takes effect at the end of the current billing period.
5.3 Credits included in a subscription are valid only during the subscription period in which they were granted; unused subscription credits expire at the end of that period and do not carry over into a later period. Separately purchased credit packs are valid for twelve (12) months from purchase. Credits may only be used within the Service, are non-transferable and may not be exchanged for cash. If the Service is not used for twelve (12) consecutive months, remaining credits are deleted together with the associated usage data (see our Privacy Policy). Statutory rights remain unaffected.
5.4 We may change prices and plan structures for the future. Price changes do not affect a current, already paid billing period. For subscriptions, changed prices apply as from the next renewal, subject to prior notice through the App or through Apple’s subscription mechanisms.
5.5 Right of withdrawal (Consumers). Consumers in the EU/EEA generally have a statutory 14-day right of withdrawal for digital content. For in-app purchases made through Apple, the statutory withdrawal and refund process is handled through Apple. Where we deliver digital content directly, the right of withdrawal expires when we have begun performance after you have expressly consented to immediate performance and acknowledged that you thereby lose your right of withdrawal (Section 356(5) BGB).
6. Your Content (Inputs)
6.1 You retain all rights in your Input. We do not claim ownership of your videos.
6.2 You grant us the non-exclusive, worldwide, royalty-free right to store, reproduce, technically modify (e.g. compress and transcode) and transmit your Input, and to have it processed by our AI Providers, in each case solely to the extent necessary to provide the Service to you (including analysis, music generation, rendering and export), to maintain your project history within the App, and to comply with legal obligations. This right ends when you delete the relevant content or your account, subject to statutory retention duties and backup cycles.
6.3 You represent and warrant that: (a) you hold all rights in your Input necessary for the uses described in these Terms, including any music or other audio contained in your uploaded video; (b) your Input does not infringe any third-party rights, including copyright, trademark, personality and image rights of persons appearing in the video; (c) where identifiable persons appear in your Input, you have obtained any consents required for the processing and intended publication; and (d) your Input complies with applicable law and with Section 10 (Prohibited Uses).
6.4 We are entitled to refuse, block or delete Input that violates these Terms or applicable law.
6.5 You are responsible for retaining backup copies of your Input and exported Final Videos. The Service is not a backup or archiving service.
7. Rights to Generated Tracks
7.1 Rights chain. Generated Tracks are produced by AI models that we use under commercial agreements with our AI Providers, under which all transferable rights, title and interest in the outputs generated for us are assigned or licensed to us. You acknowledge that purely AI-generated music may not qualify for copyright protection in some jurisdictions (including Germany, the EU and the United States, where human authorship is required). The rights granted to you under this Section 7 therefore operate (i) as a transfer or license of such rights as do exist and are held by us, and (ii) in all other respects as our contractual permission to use the Generated Track and our covenant not to assert any claims against you in respect of use consistent with these Terms.
7.2 Commercial License (Paid Plans). For each Generated Track generated for you under a Paid Plan, we grant you — upon generation and subject to Section 8 — a worldwide, perpetual, irrevocable, royalty-free, non-exclusive license to use the Generated Track, in original or edited form, alone or synchronized with your audiovisual or other content, for any lawful purpose including Commercial Use, and in particular to:
- publish it on social-media and video platforms of any kind, including business, professional, brand and creator accounts (e.g. Instagram, TikTok, YouTube, Facebook, LinkedIn), whether as organic content or paid promotion;
- use it in online advertising and marketing — excluding television, radio and cinema advertising (Section 8.4) — including paid social and display advertisements, promotional and product videos, websites, online shops, presentations, trade fairs and point-of-sale displays;
- use it in monetized content, including content generating advertising revenue, platform creator-fund payouts or sponsorship revenue;
- use it in content produced for clients, subject to Section 7.4;
- reproduce, distribute, publicly perform, make publicly available and communicate the Generated Track to the public as part of any of the foregoing uses; and
- use it internally within your business (e.g. training materials, internal communications).
7.3 Trial access; other free access. Generated Tracks created using credits granted during a free trial of a Paid Plan (e.g. the ten (10) credits included in the three-day trial) receive the Commercial License under Section 7.2 in the same way as tracks generated under the Paid Plan itself. For Generated Tracks created under any other free or promotional access without such credits, we grant you a personal, non-transferable, non-sublicensable license to use the Generated Track solely for private, non-commercial purposes and to evaluate the Service.
7.4 Client work. Business Users (e.g. agencies, freelancers and social-media managers) may pass on the license under Section 7.2 for a specific Generated Track to their client, solely as embodied in the Final Video or other specific production created for that client. The restrictions of Section 8 apply equally to the client, and the Business User shall impose them on the client. A standalone transfer of Generated Tracks (i.e. as bare audio files detached from a production, for example for the client’s unrelated future use) is only permitted with our express consent.
7.5 Survival. The licenses under Sections 7.2 and 7.4 for Generated Tracks that were generated while your Paid Plan was active survive the termination or expiry of your subscription, your account and these Terms. Continued generation of new tracks requires an active plan.
7.6 No exclusivity; no registration. All licenses under this Section 7 are non-exclusive. You must not (a) register a Generated Track, or claim exclusive rights in it, with any collecting society (e.g. GEMA), content-identification or fingerprinting system (e.g. YouTube Content ID), music-rights database or public register; (b) assert claims against us, our AI Providers or other users on the ground that identical or similar tracks have been generated for, or are being used by, others; or (c) represent to third parties that you hold exclusive rights in a Generated Track.
7.7 No warranty of copyright status. We do not warrant that a Generated Track is protected by copyright or capable of copyright or other registration in any jurisdiction, and we do not warrant that you will be able to enforce rights in it against third parties.
7.8 Our retained rights. We may retain and use copies of Outputs to provide the Service (including your in-app history and re-generation features), to comply with legal obligations and to enforce these Terms, and in anonymized or aggregated form for quality assurance and improvement of the Service. We will not publish your Generated Tracks in a manner attributing them to you without your consent.
8. Restrictions on the Use of Generated Tracks
The following restrictions apply to all Generated Tracks, under both Free and Paid Plans, and continue to apply after termination. They reflect, among other things, obligations we have assumed towards our AI Providers. You must not, and must not permit or enable any third party to:
8.1 AI training. Use Outputs to train, fine-tune, optimize or otherwise develop any machine-learning or artificial-intelligence model, including through model distillation or transfer learning, or use Outputs to create or improve any service that competes with the Service or with our AI Providers.
8.2 No sale of tracks; no music libraries. Sell, offer for sale, license for remuneration or otherwise distribute Generated Tracks on a standalone basis as music as such — whether individually or as part of a music library, stock-music catalogue, sample pack, beat store, NFT collection or comparable offering — or operate any service whose subject matter is the supply of Generated Tracks to third parties. Generated Tracks may not themselves be made the object of a sale or trade; they may be exploited only as embodied in your own content and productions in accordance with Section 7. Permitted client work under Section 7.4 remains unaffected.
8.3 Standalone music releases. Release Generated Tracks as standalone musical works through music-streaming or download services (e.g. Spotify, Apple Music) or through distributors, unless we have expressly permitted this in writing.
8.4 Television and broadcast. Use Generated Tracks or Final Videos in linear television or radio broadcasts, in television, radio or cinema advertising (including addressable and connected-TV advertising), or otherwise broadcast them within the meaning of broadcasting law, unless we have expressly permitted this in writing. Publication and promotion via online, social-media and video platforms in accordance with Section 7.2 remains unaffected.
8.5 Unlawful and objectionable contexts. Use Generated Tracks in connection with content or activities that are unlawful, defamatory, harassing, hateful, discriminatory, pornographic, exploitative of minors, glorifying or inciting violence or terrorism, fraudulent, or otherwise objectionable within the meaning of Section 10.
8.6 Artist impersonation. State or imply that a Generated Track was created, performed, co-written or endorsed by any real artist, band or rights holder; use the name, likeness or distinctive branding of a real artist in titles, metadata, tags or promotion of a Generated Track in a misleading manner; or use Generated Tracks to imitate an identifiable real person’s voice.
8.7 AI transparency. Where disclosure of the AI-generated nature of content is required by applicable law (including transparency obligations under the EU AI Act) or by the policies of the platform on which you publish, you are responsible for marking or labeling the Generated Track or the Final Video accordingly. You must not remove, alter or falsify any rights-management information, content credentials or technical watermarks embedded in Outputs, where present.
9. What “License-Free” Means; Platform Outcomes
9.1 Generated Tracks are original, AI-generated works licensed to you royalty-free under Section 7. No separate synchronization, mechanical or public-performance license from a record label, music publisher or collecting society is required from us for the uses licensed under Section 7. This does not affect obligations that arise from your own circumstances, such as general levies payable by broadcasters or venues, or obligations relating to other music contained in your Input.
9.2 We do not control the enforcement systems of social-media platforms. While Generated Tracks are created so as not to reproduce existing recordings, we cannot rule out that automated systems (e.g. Content ID) occasionally raise erroneous claims, for example due to coincidental similarity or third parties wrongly registering similar AI-generated material. In such cases we will provide reasonable assistance with documentation of the generation (e.g. confirmation of the generation event and license). Section 14 governs liability.
10. Prohibited Uses of the Service
10.1 When using the Service you must not: (a) violate applicable law or the rights of third parties; (b) upload Input that is unlawful, pornographic, exploitative of minors, defamatory, threatening, harassing, hateful, discriminatory, glorifying violence or terrorism, or that infringes third-party intellectual-property, personality or data-protection rights; (c) interfere with or compromise the Service, its security or the systems of our AI Providers, or introduce malware; (d) reverse engineer, decompile or disassemble the App or attempt to extract its source code or the underlying models, except to the extent permitted by mandatory law (e.g. Sections 69d, 69e of the German Copyright Act, UrhG); (e) access the Service by automated means, scrape it, or generate content in automated bulk to circumvent usage limits; (f) resell, rent out or provide the Service to third parties as a service bureau; or (g) use the Service to develop a competing product.
10.2 In the event of a breach we may, after weighing the interests involved and — where reasonable — prior warning, block individual Inputs or features, suspend your account or terminate the contract for cause. Statutory rights remain unaffected.
11. Third-Party AI Providers
11.1 The Service uses third-party AI services. At present: (a) music generation is performed by the Mureka AI model, accessed through the infrastructure provider WaveSpeedAI PTE. LTD., 3 Phillip Street #10-04, Royal Group Building, Singapore 048693; and (b) video analysis is performed by Google (Gemini models). We may replace or add AI Providers in accordance with Section 3.4.
11.2 Your Input is transmitted to the respective AI Provider for processing, which may take place in third countries outside the EU/EEA. Details, including the legal bases and safeguards for such transfers, are set out in our Privacy Policy.
11.3 The restrictions in Section 8 implement obligations under our agreements with AI Providers and apply irrespective of which AI Provider generated a specific track. We remain your sole contractual partner for the Service; the AI Providers do not assume any obligations towards you.
11.4 External services. The Service depends on services operated by third parties, in particular the AI Providers, Apple’s app and payment infrastructure, and the platforms on which you choose to publish your content. Such external services are outside our control and may be modified, suspended or discontinued by their operators. We are not responsible for the content of external services or for decisions made by the platforms on which you publish (for example decisions concerning reach, content moderation, monetization or account status). If an external service on which the Service depends is permanently discontinued, Section 3.4 (substitution of AI Providers) applies; your statutory rights and Section 14 remain unaffected.
12. Apple-Specific Provisions
12.1 These Terms are concluded between you and us only, not with Apple Inc. or its affiliates (“Apple”). Apple is not responsible for the App or its content and has no obligation to provide maintenance or support for the App.
12.2 The license to use the App is limited to a non-transferable license to use the App on Apple-branded devices that you own or control, as permitted by the usage rules set out in the Apple media services terms, except that the App may be accessed and used by other accounts associated with you via family sharing or volume purchasing, where available. You may not rent, lease, lend, sell or redistribute the App, sublicense it, or make it available over a network where it could be used by multiple devices at the same time.
12.3 In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you (if any). To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App; any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to a warranty are governed by these Terms and applicable law.
12.4 We, not Apple, are responsible for addressing any claims by you or a third party relating to the App or your use of it, including (a) product-liability claims, (b) claims that the App fails to conform to applicable legal or regulatory requirements, (c) claims under consumer-protection, privacy or similar legislation, and (d) claims that the App or your use of it infringes a third party’s intellectual-property rights.
12.5 You represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties. You will not use the App for any purpose prohibited by applicable export-control law, including the development, design, manufacture or production of missiles or of nuclear, chemical or biological weapons. You must comply with applicable third-party terms (e.g. your wireless data agreement) when using the App.
12.6 Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
13. Our Intellectual Property; Term and Termination
13.1 The App, its software, design, trademarks, prompt frameworks and all content provided by us (excluding your Input and the rights granted to you in Outputs under Section 7) are and remain our property or the property of our licensors. Except for the rights expressly granted in these Terms, no rights are granted to you.
13.2 These Terms apply for an indefinite period. You may stop using the Service and delete your account at any time; paid subscription periods are governed by Section 5. We may terminate the contract for convenience with four (4) weeks’ notice; the right of both parties to terminate for cause remains unaffected.
13.3 Upon termination, your right to use the Service ends. Section 7.5 (survival of licenses), Section 8 (restrictions), Section 14 (liability) and Section 15 (indemnification) survive termination. You should export your Final Videos before deleting your account.
14. Warranty; Liability
14.1 For Consumers, the statutory warranty rights for digital products (Sections 327 et seq. BGB) apply to the Service. We provide the Service with reasonable skill and care; we do not warrant uninterrupted availability. Maintenance and further development may lead to temporary restrictions.
14.2 We are liable without limitation for damage caused intentionally or by gross negligence, for injury to life, body or health, under the German Product Liability Act (Produkthaftungsgesetz), in case of fraudulent concealment of a defect, and under any guarantee expressly assumed by us.
14.3 In the event of a slightly negligent breach of an essential contractual obligation (an obligation whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the other party regularly relies and may rely, “Kardinalpflicht”), our liability is limited to the foreseeable damage typical for this type of contract. In all other cases, liability for slight negligence is excluded.
14.4 Towards Business Users, (a) liability under Section 14.3 is additionally limited to the total fees paid by the Business User for the Service in the twelve (12) months preceding the event giving rise to liability; (b) liability for indirect damage and lost profits in cases of slight negligence is excluded; and (c) strict liability for defects already existing at the time of contract conclusion (Section 536a(1) BGB, if applicable) is excluded.
14.5 The above limitations also apply in favour of our legal representatives, employees and agents.
14.6 Your statutory rights as a Consumer are not restricted by this Section 14.
15. Indemnification
15.1 Business Users shall indemnify and hold us harmless from all third-party claims, including reasonable costs of legal defence, arising from (a) their Input, (b) their use of the Service or of Outputs in breach of these Terms or applicable law, or (c) claims of their clients in connection with Section 7.4, unless the Business User is not responsible for the breach. Consumers are liable in accordance with the statutory provisions.
15.2 We will inform you without undue delay of any claim covered by Section 15.1 and give you the opportunity to participate in the defence. We will not acknowledge any such claim without your consent, which may not be unreasonably withheld.
15.3 Our indemnity for Paid Business Users. If a third party asserts against a Paid Business User a claim that a Generated Track, as delivered by the Service and used within the scope of Section 7.2, infringes that third party’s copyright, we will indemnify the Business User against amounts finally awarded or agreed in settlement, provided that (a) we are notified promptly, (b) we are given sole control of the defence, and (c) the claim does not arise from the Business User’s Input, modifications, combinations or use in breach of these Terms. This Section 15.3 states the exclusive remedy for such claims.
16. Data Protection; Changes to these Terms; Final Provisions
16.1 Information on the processing of personal data, including transfers to AI Providers in third countries, is provided in our Privacy Policy, which does not form part of these Terms.
16.2 Changes to these Terms. We may amend these Terms with effect for the future (a) where the change is required by law, regulatory order or court decision, (b) where the change is purely beneficial to you, or (c) for other valid reasons (e.g. changes to the Service or to the offerings of our AI Providers). Because we do not collect user contact details, changes are announced by a notice within the App and by publication of the updated Terms at terms.reelmusic.app; they apply to your use of the Service after they take effect. Changes never restrict the rights granted to you under Section 7 for Generated Tracks already generated. Material changes that disadvantage Consumers are announced at least six (6) weeks before they take effect. Such changes do not take effect through silence on your part: they apply only if you continue to use the Service after the notice period, and you may stop using the Service and delete your account at any time without cost.
16.3 Governing law. These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a Consumer with habitual residence in another country, the mandatory consumer-protection provisions of that country remain unaffected.
16.4 Jurisdiction. If you are a merchant (Kaufmann), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from these Terms is Berlin.
16.5 Consumer dispute resolution. We are neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board within the meaning of the German Act on Alternative Dispute Resolution in Consumer Matters (VSBG).
16.6 Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions remains unaffected.
16.7 Contact: Roman Koch, Martin-Opitz-Str. 14, 13357 Berlin, Germany, e-mail: apps@romankoch.online.