Terms of Service

1. Acceptance of Terms

By registering, accessing, or using Mouta AI DAW and its associated services ("the Service"), you ("User") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

These Terms constitute a binding agreement between you and 星創音樂股份有限公司 (Sing Chuang Music Inc.), a company registered in Taiwan under company registration number 62151397 ("Mouta", "we", "us", "our").

2. Description of Service

Mouta is an AI-assisted digital audio workstation ("DAW") that combines music creation tools, AI generation features (including cloud-based music generation, the Replace module, AI-Mentor, and the Skill system), and a creation Provenance System. The Service may include subscription tiers, royalty arrangements, sync licensing opportunities, and a marketplace for audio assets.

3. Account Registration

• Users under the age of 18 may use the Service only with the prior consent and supervision of a parent or legal guardian, and must be able to provide evidence of that consent on request. A parent or legal guardian may contact us at support@moutastudio.com to withdraw consent, in which case we will close the account. We may suspend an account where we have reason to believe this requirement is not met.
• Distribution service: our distribution service is available only to users aged 18 or over. A user under 18 may apply on a case-by-case basis; we will accept a distribution application only after that user's parent or legal guardian has separately given consent and we have verified it. Write to support@moutastudio.com to apply.
• You are responsible for maintaining the confidentiality of your login credentials and for all activity conducted under your account.
• You agree to provide accurate, complete, and current information during registration.
• Mouta reserves the right to suspend or terminate accounts that violate these Terms.

4. Subscriptions and Payments

• Mouta offers a 14-day free trial before any payment is taken. Continued access to the Service after the trial requires a paid subscription, billed on a monthly or annual basis.
• Our order process is conducted by our online reseller Paddle.com Market Ltd and its affiliates ("Paddle"), which acts as the Merchant of Record for all purchases of the Service. Paddle is responsible for billing, invoicing, and applicable tax collection, and Paddle's Buyer Terms and Conditions apply to your purchase.
• Subscription fees are charged in advance in the currency shown at checkout. Prices are shown exclusive of tax; any applicable sales tax or VAT is calculated and added by Paddle at checkout based on your location, and is shown before you confirm payment.
• Subscriptions renew automatically at the end of each billing period at the then-current price until cancelled. You may cancel at any time from your account settings or through the subscription management link in any Paddle receipt email; cancellation takes effect at the end of the current billing period.
• Mouta reserves the right to modify pricing with 30 days' prior notice. Continued use after the effective date constitutes acceptance of the new pricing.
• Price-locked plans: notwithstanding the preceding item, a plan that Mouta has expressly designated as price-locked (such as the Founding Member plan) renews at its locked price for as long as the subscription remains continuously active. The price lock ends if the subscription is interrupted or not renewed, or if you change plans. The price lock covers the features included in the plan; it does not extend to add-on features introduced later, which may be priced separately.
• For refunds, see our separate Refund Policy.

5. Intellectual Property and Royalties

5.1 User Ownership

You retain all copyright and intellectual property rights in the musical works you create using the Service, including lyrics, melodies, and arrangements you directly author.

5.2 Royalty on Works Created Using the Service

In consideration of your use of the Service and its AI features, all musical works created using the Service are subject to a permanent royalty, payable to Mouta, of 10% of all royalty income (including but not limited to streaming, downloads, physical sales, public performance and sync licensing).

A work is "created using the Service" if it contains any content, recorded in the Ledger, that was generated by or adopted from any AI feature of the Service, including but not limited to AI generation, Replace, lyric-tone substitution (音字替換), Mouta melody library suggestions, AI Mentor suggestions and Skill. This list of features is illustrative, not exhaustive.

This royalty obligation:

• Applies to all works created using the Service, regardless of the platform or distributor through which the work is released.
• Is permanent and irrevocable; it continues regardless of whether you maintain an active subscription, and survives termination as set out in Sections 11 and 16.
• The Ledger (Provenance System) serves as a reference record of AI interactions during the creative process.

The royalty is calculated and paid according to who collects the income:

• Royalty income collected by Mouta through our distribution service is calculated on the net royalty income actually received by Mouta (after deductions by the DSPs and by our distributor). Mouta withholds the royalty at source when the distributor settles, and your obligation for that royalty income is deemed fully performed, as set out in the Distribution Service Agreement.
• All other royalty income, including income generated after a work is taken down from our distribution service, songwriting royalties, public performance royalties, sync licensing income and any other income not collected by Mouta, is calculated on the net amount actually received by you (after deductions by the relevant outlets, distributors and collecting societies), and is reported and paid by you as set out below. Sync licensing income on which Mouta has collected an agency fee under Section 5.3 is not subject to this royalty.

Reporting and payment of other royalty income. By March 31 of each year, you shall report to Mouta the other royalty income described above that you received in the previous calendar year, identifying the works concerned, and shall pay the royalty within 30 days after reporting. If that other royalty income totalled less than US$100 for the previous calendar year, you need not report or pay for that year. You shall keep records of that income for 5 years and provide them to Mouta on audit. Mouta may audit royalty reporting with reasonable prior notice. Late payments bear default interest at the statutory rate under the law of the Republic of China (Taiwan), and Mouta may deduct unpaid amounts from royalties payable to you as provided in Article 5.2 of the Distribution Service Agreement.

This Section applies except to the extent that mandatory law applicable to you provides otherwise. Where a term of this Section is held unenforceable against you, the remainder of this Section continues to apply to the fullest extent permitted.

5.3 Non-Exclusive Licensing Rights

• You may independently negotiate sync licensing agreements (e.g., film, TV, advertising) for works created using the Service.
• Mouta simultaneously retains the non-exclusive right to negotiate sync licensing opportunities on your behalf.
• Each sync license Mouta negotiates on your behalf takes effect only after you have agreed in writing (including by email) to its terms, and the license is formed directly between you and the third party.
• Where Mouta negotiates a sync license on your behalf, Mouta's agency fee is 20% of the license fee. Sync licensing income on which Mouta has collected this agency fee is not subject to the royalty under Section 5.2.
• Neither party's licensing activities restrict the other's.

5.4 Mouta's Self-Use License

You grant Mouta a non-exclusive, royalty-free, worldwide, perpetual license to use your works solely for:

• Playback and display within the platform
• Promotional and marketing materials for Mouta
• Advertising content featuring the Service
• Training and improving Mouta's AI models, using your works in aggregated or transformed form; Mouta will not provide your works to any third party in their original form, and will not present them as your works

You may at any time request that Mouta stop using your works in promotional and marketing materials and advertising. Within 30 days of receiving your request, Mouta will remove the relevant content from media under its control (including Mouta websites, apps and Mouta's own social media accounts); for content already disseminated to third parties, Mouta will use reasonable efforts to assist with its removal. Lawful use made before your request is not affected. This right applies only to promotional and marketing use and advertising; the license for playback and display within the platform remains perpetual. You may at any time notify Mouta by email that works you create after the notice are not to be used for AI model training; Mouta will stop including them in new training within 30 days of receiving the notice. A work is treated as created when its project was first created; works created before the notice remain subject to this license, and models already trained are not affected. The notice covers the generated results of those works, but not the anonymized data described in Section 8. You may withdraw the notice at any time by email; works created while the notice was in effect will still not be used for AI model training. Any further right you have under applicable data protection law is described in our Privacy Policy.

Mouta may not independently grant commercial licenses of your works to any third party for Mouta's own account or benefit. For the avoidance of doubt, this does not restrict Mouta's right to negotiate sync licensing opportunities on your behalf as your non-exclusive agent under Section 5.3, where the license flows directly from you to the third party and any resulting proceeds belong to you, less Mouta's agency fee under Section 5.3.

5.5 Existing Agreements

If you are subject to a recording contract, management agreement, or publishing deal, you represent and warrant that you have the right to enter into these Terms. Mouta is not responsible for any conflicts with your pre-existing agreements; legal liability for such conflicts rests solely with you.

6. AI-Generated Content and Responsibility

• Mouta does not guarantee that AI-generated content is original or free from similarity to existing works.
• You are solely responsible for the legality of any content you create, publish, or distribute using the Service.
• Mouta accepts no liability for third-party intellectual property claims arising from your use of AI-generated content.
• Indemnity: if Mouta faces a third-party claim because content you provide, or produce or distribute through the Service, infringes a third party's rights, or because you breach these Terms, you shall indemnify Mouta for the resulting loss, including reasonable attorneys' fees and litigation costs. Mouta shall notify you after becoming aware of the claim, and you may participate in the defense. You are not liable for any settlement amount that Mouta agrees without your consent.

7. Provenance System

The Provenance System records your creative process, including edit history, AI intervention ratios, and source materials used. These records are provided for transparency and reference purposes only. Provenance records do not constitute legal proof of authorship or a definitive determination of copyright ownership.

8. Skill System and Data Use

The Skill system stores your creative preferences and contextual settings to improve AI generation results. You agree that Mouta may use anonymized data from your Skill usage and creative behavior to improve the Service's AI models and features.

This Section applies except to the extent that mandatory data protection or consumer law applicable to you provides otherwise, and does not limit any right you have to object to or withdraw from such processing under that law. How we handle personal data, and the rights you have over it, are set out in our Privacy Policy.

9. Acceptable Use

You agree not to:

• Upload, generate, or distribute content that infringes third-party intellectual property rights
• Use the Service for any unlawful purpose
• Reverse engineer, decompile, or attempt to extract Mouta's AI models or source code
• Use AI-generated content to deceive, defraud, or mislead others
• Resell or sublicense access to the Service without authorization

10. Copyright Complaints and Repeat Infringer Policy

Mouta respects the intellectual property rights of others and expects users of the Service to do the same.

The procedure in this Section is the route we operate for handling copyright complaints. It does not exclude or replace any right or remedy available to you under the law of the Republic of China (Taiwan) or under other law applicable to you.

10.1 Reporting Alleged Infringement

If you believe that content available through the Service infringes your copyright, send a written notice to our copyright contact at dmca@moutastudio.com including:

1. Identification of the copyrighted work you claim has been infringed;
2. Identification of the material claimed to be infringing and information reasonably sufficient to locate it;
3. Your name, address, telephone number, and email address;
4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;
5. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf; and
6. Your physical or electronic signature.

On receipt of a compliant notice we will remove or disable access to the material identified and take reasonable steps to notify the user who provided it.

10.2 Counter-Notification

If you believe your material was removed in error or as a result of misidentification, you may send a counter-notification to dmca@moutastudio.com identifying the material and its former location, together with a statement, under penalty of perjury, that you have a good-faith belief it was removed as a result of mistake or misidentification, and your name, address, telephone number, and consent to jurisdiction. We may restore the material after a reasonable period unless the original complainant notifies us that it has filed an action seeking a court order.

10.3 Repeat Infringers

Mouta maintains a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers. A user who is the subject of two or more valid, uncontested infringement notices, or who is found to have uploaded or distributed infringing material on repeated occasions, will have their account terminated and may be barred from opening a new account. Mouta may also terminate an account after a single notice where the infringement is flagrant. Accounts terminated under this Section are not eligible for a refund, subject to your statutory rights and to our Refund Policy.

10.4 Misuse of the Process

Knowingly making a material misrepresentation in a notice or counter-notification may expose you to liability for damages and costs.

11. Termination

Mouta may suspend or terminate your account and delete associated content if you breach these Terms, with or without prior notice depending on the severity of the breach, including under the repeat infringer policy in Section 10.3. However, the removal from DSPs of works already released under the Distribution Service Agreement is governed by that agreement; the suspension or termination of your account is not affected. You may terminate your account at any time by contacting support; if you have used the distribution service, termination or deletion of your account is also governed by Article 9.7 of the Distribution Service Agreement. Termination does not affect your royalty obligation under Section 5.2; for works created using the Service before termination, that obligation continues to apply after termination. Section 16 sets out the other provisions that survive termination.

12. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, express or implied. Mouta does not warrant that the Service will be error-free, uninterrupted, or suitable for any particular purpose.

13. Limitation of Liability

To the fullest extent permitted by applicable law, Mouta shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of revenue, loss of data, or loss of business opportunity, arising from your use of the Service.

Except in cases of intent or gross negligence on the part of Mouta, or where mandatory law provides otherwise, Mouta's total liability to you for damages arising from or relating to the Service is limited to the greater of the total subscription fees you paid for the Service (including through Paddle) in the 12 months before the loss occurred, or US$100. This limit is the same as the limit in Article 8.2 of the Distribution Service Agreement, and does not affect Mouta's payment obligations under that agreement.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of China (Taiwan), without prejudice to the consumer protection you enjoy under the mandatory rules of the place where you live. Disputes arising from these Terms may be brought before the Taipei District Court as the court of first instance, without excluding any other court having jurisdiction under law.

15. Changes to Terms

Mouta reserves the right to update these Terms at any time. We will notify you of material changes via email or in-app notice at least 14 days before the change takes effect. Continued use of the Service after the effective date constitutes acceptance.

16. Survival

The following provisions survive the termination of your account and of these Terms: Section 5.2 (royalty on works created using the Service); Section 5.4 (Mouta's license, including for AI model training, subject to your rights under that Section to request that promotional and marketing use stop and to give notice that works are not to be used for AI model training); Section 13 (limitation of liability); and Section 14 (governing law and jurisdiction).

17. Contact

For questions regarding these Terms: support@moutastudio.com

星創音樂股份有限公司 (Sing Chuang Music Inc.)
Company registration number: 62151397
2F., No. 12, Zhouzi St., Neihu Dist., Taipei City 114, Taiwan (R.O.C.)
Copyright notices: dmca@moutastudio.com