Terms of Service

Effective date: October 30, 2026 · Last updated: October 30, 2026

These Terms of Service ("Terms") are a binding agreement between you and Swade Soul Enterprise LLC, a Wyoming limited liability company ("Swade Soul," "we," "us," or "our"). They govern your use of every website, app, station, studio, marketplace, tool and service we operate, including those listed in Schedule A (together, the "Services").

Please read Section 18 carefully. It requires most disputes to be resolved by individual binding arbitration instead of in court, and it waives your right to bring or join a class action. You may opt out within 30 days as explained there.

Some Services have extra terms for what they specifically do ("Product Terms," listed in Schedule B and published at /product-terms). Product Terms are part of these Terms. If a Product Term conflicts with these Terms, the Product Term controls for that Service.

1. Accepting these Terms

By creating an account, checking a box or clicking a button that refers to these Terms, making a purchase, or using any Service, you agree to these Terms, the Product Terms that apply to what you use, and our Privacy Policy. If you do not agree, do not use the Services.

If you use the Services for a company or other organization, you confirm you have authority to bind it, and "you" includes that organization.

2. Who can use the Services

You must be at least 18 years old to create an account, make a purchase, upload content, submit your voice or likeness, enter a giveaway, or use any feature that generates content. Some Services may allow people under 18 to listen or browse without an account; no one under 13 may use any Service. If we learn that an account belongs to someone under 18, we may close it.

You may not use the Services if you are barred from doing so by law, or if you are located in, or are a person subject to sanctions by, a country or authority under U.S. sanctions.

3. Your account

You are responsible for keeping your login secure and for everything that happens under your account. Give us accurate information and keep it current. Tell us right away at legal@brainiak.live if you believe your account has been compromised. We are not responsible for losses caused by someone using your credentials.

4. Changes to the Services and to these Terms

The Services are evolving, and many features are labeled alpha, beta, preview or early access. We may add, change, pause or remove features, content, stations, voices, models, integrations or entire Services at any time.

We may update these Terms. If a change is material, we will give reasonable notice (for example by email, an in-app notice, or a banner) before it takes effect. Changes do not apply to a dispute that arose before the change. Continuing to use the Services after the effective date means you accept the updated Terms. If you do not agree, stop using the Services and, if you have a paid plan, cancel it.

5. Purchases, plans, credits and payments

Prices. Prices, plan contents and play counts are shown at checkout and may change for future billing periods with notice. Taxes are added where required.

Subscriptions. Paid plans renew automatically at the end of each billing period at the then-current price until you cancel. You can cancel at any time in your account or by contacting us; cancellation stops the next renewal, and you keep access until the end of the period you paid for.

Credits. Credits, tokens, points or similar units used inside the Services have no cash value, are not property, cannot be transferred or sold, and may expire as stated when you buy or receive them. Gifted, promotional or complimentary access has no cash value and may be withdrawn.

Refunds. Except where required by law, stated in a Product Term, or stated in the refund policy shown at checkout for that purchase, payments are non-refundable, including for partially used periods, unused credits, or content and generations already delivered. If a Service fails to deliver something you paid for because of our error, contact us within 30 days and we will make it right with a re-delivery, credit or refund at our choice.

Payment processing. Payments are processed by third-party processors such as Stripe. We do not store full card numbers. You authorize us and our processor to charge your payment method for all amounts due, including renewals.

Chargebacks. If you dispute a charge with your bank instead of contacting us first, we may suspend the related account while the dispute is open.

6. Your content

"Your Content" means anything you upload, submit, record, type or create through the Services: music, lyrics, audio, video, images, artwork, books, scripts, prompts, voice samples, profile details, comments and messages.

You keep ownership of Your Content. You grant us a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transcode, master, display, perform, broadcast, stream, distribute and adapt Your Content only as needed to operate, provide, secure and improve the Services you use and to carry out what you ask us to do (for example, putting a song in rotation, publishing your station or storefront, or delivering a release). This license ends when you delete Your Content or your account, except for copies kept in backups for a limited time, content already broadcast or distributed at your request, content others have legitimately saved or shared, and anything we must keep for legal reasons.

If you choose to let us use Your Content to promote the Services (for example, featuring your track or artist page), you can withdraw that permission for future promotion at any time.

Your promises about Your Content. You promise that you own Your Content or have every right, license, consent and release needed for us to use it as these Terms describe, including from co-writers, producers, performers, labels, publishers, and any person whose name, voice, image or likeness appears in it; that it does not infringe or violate anyone's rights; and that it complies with these Terms and the law. You are solely responsible for Your Content and for any royalties or payments owed to third parties because of it, unless a Product Term says we pay them.

7. AI and generated content

Many Services use artificial intelligence, including AI DJs, AI voices, AI-generated music, lyrics, images, video, scripts and written answers ("AI Output").

• AI Output can be wrong. It may be inaccurate, incomplete, outdated, offensive or similar to other people's work. Review it before relying on it, publishing it or acting on it. AI Output is not legal, financial, medical, tax or other professional advice.
• Ownership. As between you and us, you own the AI Output you generate, to the extent any rights exist in it, subject to these Terms and the rights of others. Copyright and other laws may not protect material created mostly by AI, and others may generate similar output. We make no promise that AI Output is protectable, unique or free of third-party rights.
• Your responsibility. You are responsible for how you use AI Output, including making sure your use does not infringe anyone's rights or mislead anyone.
• Labels. We label AI artists, AI DJs and AI voices as AI (for example "SI Artist · AI-generated"). Do not remove those labels or present AI content as made by a real human when it was not.
• Providers. AI features may be powered by third-party model providers. We do not use your private uploads to train third-party foundation models without your permission.

8. Acceptable use

You agree not to, and not to help anyone else to:

1. break any law or violate anyone's rights, including copyright, trademark, privacy and publicity rights;
2. upload or create content that is sexual content involving minors, non-consensual intimate imagery, threats, harassment, hate, or content that promotes violence or self-harm;
3. clone, imitate or synthesize any real person's voice, face or likeness without their documented consent, or create deceptive deepfakes;
4. impersonate anyone, or misrepresent your connection to any person, artist, label or company;
5. use the Services to stalk, track, surveil, dox or locate a private individual;
6. upload malware, probe or attack our systems, bypass security, rate limits, payment or access controls, or scrape the Services except through features we provide for that purpose;
7. resell, sublicense or white-label the Services except under a written agreement with us;
8. manipulate plays, streams, votes, giveaways, rankings or analytics, including with bots or paid fake engagement;
9. send spam or unsolicited messages through the Services;
10. reverse engineer the Services except where the law allows it despite this restriction.

We may remove content, limit features, or suspend or end accounts that we reasonably believe violate this Section, and we may report illegal content to authorities.

9. Copyright complaints

We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act. Send notices to our designated agent: Copyright Agent, Swade Soul Enterprise LLC, 30 N Gould St, Ste R, Sheridan, WY 82801, copyright@brainiak.live.

Your notice must include: your physical or electronic signature; identification of the copyrighted work; identification of the material you claim is infringing and where it is on the Services; your contact information; a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent or the law; and a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized to act for the owner.

If your content was removed and you believe it was a mistake or misidentification, you may send a counter-notice with the information the DMCA requires. We will close the accounts of repeat infringers in appropriate circumstances.

10. Third-party services and links

The Services connect to and rely on third parties (for example, streaming and distribution platforms, payment processors, AI model providers, map and data sources, app developers in our marketplaces, and social networks). Their services are governed by their own terms and privacy policies. We are not responsible for third-party services, content, apps, availability or changes, and we do not endorse them by linking to them.

11. Our property

The Services, including their software, design, text, graphics, sounds, AI DJs and characters we create, station identities, and the Swade Soul names and logos, are owned by us or our licensors and protected by law. We give you a limited, personal, revocable, non-exclusive, non-transferable license to use the Services under these Terms. All rights not expressly granted are reserved.

If you send us feedback or ideas, we may use them without any obligation to you.

12. Suspension and termination

You may stop using the Services and close your account at any time. We may suspend or end your access, or remove Your Content, if you break these Terms, create risk or legal exposure for us or others, fail to pay, or if we stop offering a Service. Where reasonable, we will give notice and a chance to download Your Content. Sections that by their nature should survive (including 5 for amounts owed, 6, 7, 11, 13 to 20) survive termination.

13. Disclaimers

THE SERVICES, AI OUTPUT AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT CONTENT WILL BE STORED WITHOUT LOSS, THAT ANY PLAY COUNT, AUDIENCE SIZE, STREAM, SALE, REVIEW, FOLLOWER OR OTHER RESULT WILL BE ACHIEVED, OR THAT AI OUTPUT OR DATA FROM THIRD-PARTY SOURCES IS ACCURATE. KEEP YOUR OWN COPIES OF YOUR CONTENT.

14. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

(a) WE AND OUR MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, ROYALTIES, DATA, GOODWILL OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THEIR POSSIBILITY; AND

(b) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT YOU PAID US FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT THAT CAUSED IT, OR (ii) ONE HUNDRED U.S. DOLLARS (US $100).

These limits apply to every theory of liability and even if a remedy fails of its essential purpose. They do not limit liability that cannot be limited by law, such as for fraud, or for death or personal injury caused by gross negligence or willful misconduct. Some places do not allow some of these limits, so they may not fully apply to you.

15. Indemnity

You will defend, indemnify and hold harmless Swade Soul Enterprise LLC and its members, managers, employees, contractors and affiliates from any claims, damages, losses, fines and costs (including reasonable attorneys' fees) arising from Your Content, your use of AI Output, your violation of these Terms or the law, or your violation of anyone's rights. We may take control of the defense of any claim at our expense, and you will cooperate.

16. Time limit to bring claims

To the extent permitted by law, any claim relating to the Services or these Terms must be filed within one (1) year after it arose, or it is permanently barred.

17. Governing law

These Terms and any dispute relating to them or the Services are governed by the laws of the State of Wyoming and applicable U.S. federal law, including the Federal Arbitration Act, without regard to conflict-of-law rules. Subject to Section 18, the state and federal courts located in Sheridan County, Wyoming have exclusive jurisdiction, and you and we consent to that venue.

18. Dispute resolution, arbitration and class-action waiver

Talk to us first. Before filing any claim, send a written description of the dispute and the relief you want to legal@brainiak.live. We will try in good faith to resolve it within 60 days.

Binding arbitration. If it is not resolved, you and we agree that any dispute, claim or controversy relating to these Terms or the Services will be resolved by final and binding individual arbitration, except as stated below. The arbitration will be administered by the American Arbitration Association under its Consumer Arbitration Rules (or its Commercial Arbitration Rules for business users), before a single arbitrator, and may be conducted by video or on written submissions. The arbitrator decides all questions about whether a dispute must be arbitrated, except that a court decides questions about the class-action waiver and the batch procedure below. Fees are governed by the administrator's rules; for consumer claims we will pay any filing, administration and arbitrator fees that exceed what you would pay to file in court.

Exceptions. Either party may bring an individual claim in small-claims court if it qualifies. Either party may go to court to stop infringement or misuse of intellectual property or the Services.

No class actions. You and we may bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not combine claims or award relief to anyone other than the individual party. If this waiver is found unenforceable for a particular claim, that claim must be decided in court, not in arbitration.

Mass filings. If 25 or more similar demands are filed by or with the help of the same law firm or organization, they will be handled in batches of up to 25, with one arbitrator per batch, and the remaining demands will wait until earlier batches are decided. Filing deadlines are paused while demands wait.

Opt out. You may opt out of this arbitration agreement by emailing legal@brainiak.live with your name, account email and a clear statement that you opt out, within 30 days after you first accept these Terms. Opting out does not affect any other part of these Terms.

19. General

These Terms, the Product Terms and the Privacy Policy are the entire agreement between you and us about the Services. If any part is unenforceable, the rest stays in effect and that part is enforced as far as allowed. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, sale or reorganization. Neither party is liable for delays caused by events beyond its reasonable control. Nothing in these Terms creates a partnership, employment, agency or fiduciary relationship. Headings are for convenience only. We may send notices to the email on your account or by posting in the Services.

20. Contact

Swade Soul Enterprise LLC, 30 N Gould St, Ste R, Sheridan, WY 82801. Legal and privacy: legal@brainiak.live. Copyright agent: copyright@brainiak.live.

Schedule A: Services covered

These Terms apply to the following Services and any related apps, subdomains and successor sites. ABAGALE and its channels are operated separately and are not covered by these Terms.

Schedule B: Product Terms

The Product Terms are:

• B1. AI, Voices and Likeness for every Service with AI voices, AI artists, AI DJs or voice/likeness tools.
• B2. Music, Radio and Paid Promotion for Maestro Radio, ReSing Lab, MyDistribution and The League Sound.
• B3. Giveaways for any giveaway, drop or free download.
• B4. Creator Content and Storefronts for Black Tales, TeachVirt, Get Sideloaded, YourOwn.delivery, OATHLOOM and Maestro stations.
• B5. Maps and Public Data (God's Eye) for SSS Brain.
• B6. Digital Assets and Crypto for any Service that displays, issues, accepts or tracks tokens.
• B7. Permanent and Decentralized Storage for PinHub and any IPFS or blockchain storage.
• B8. Media Tools for VideoSayWhat and tools that process audio or video you supply.
• B9. SSS Brain Plans and Licensing for SSS Brain's hosted plan, self-hosted license and white-label editions.
• B10. Get Sideloaded Directory for Get Sideloaded's app directory, app checker and conversions.