Terms of Service

Effective Date: March 19, 2025

Welcome to Pro Audio Files AI (the “Service”), operated by The Pro Audio Files LLC (“Company,” “we,” “us,” “our”). These Terms of Service (“Terms”) govern your access to and use of the Service, including any content, functionality, and services offered on or through https://ai.theproaudiofiles.com (the “Website”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

1. Contact Information

Business Entity: The Pro Audio Files LLC
Mailing Address: 3409 N 7th Ave PMB 726, Phoenix, AZ 85013, United States
Phone: (503) 893-2954
Email: support@theproaudiofiles.com

2. Eligibility

We do not impose a minimum age requirement. However, you must have the legal capacity to enter into binding contracts under applicable law. By using the Service, you represent and warrant that you are legally able to accept these Terms. If you are under the age of 13, you must have your parent or legal guardian’s permission to use the Service.

3. Accounts

3.1 Account Registration

You may create an account on our Website either by providing your email address and creating a password or by using Google Authentication. You agree to provide accurate, current, and complete information during the registration process and to update such information as necessary to keep it accurate, current, and complete.

3.2 Profile Picture

You may upload a profile picture (avatar) for your account. Profile pictures are only displayed to you within the interface (e.g., during chats) and are not publicly visible. You agree not to upload any offensive or illegal imagery. We reserve the right to remove or request removal of any profile picture that violates these Terms or any applicable law.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

4. Subscription and Billing

4.1 Subscription Overview

Our Service offers access to AI-driven features on a subscription basis. By subscribing, you authorize us or our third-party payment processor (Stripe) to charge your chosen payment method on a recurring basis until you cancel.

4.2 3-Day Free Trial

• Full Access: Each new subscriber is offered a 3-day free trial with full, unlimited access to the Service.
• No Upfront Charges: Your credit card is required to sign up, but you will not be charged until the trial period ends.
• Automatic Conversion to Paid Subscription: Unless you cancel before the 3-day trial expires, your subscription will automatically convert to a paid plan at the end of the trial, and we will charge your payment method.
• Cancellation During Trial: If you cancel during the 3-day trial, you will retain access until the end of the trial period. No charges will be applied, and your subscription will not renew at the end of the trial.

4.3 14-Day Money-Back Guarantee

• Scope: We offer a 14-day money-back guarantee on each billing cycle, starting from the day your subscription becomes paid (i.e., immediately after any free trial ends or after each renewal date).
• Recent Payment Only: Only the most recent payment made is eligible for a refund.
• Immediate Cancellation: If you request a refund within 14 days of your most recent billing date, we will process the refund and cancel your subscription immediately. You will lose access to the Service upon cancellation.

4.4 Subscription Cancellations

• You may cancel your subscription at any time through your account page. If you cancel a paid subscription without requesting a refund, you will retain access to the Service until the end of your current billing cycle.
• After the current billing cycle ends, your account will be canceled, but you can re-subscribe at any time.

4.5 Changes to Subscription Fees

We reserve the right to modify our subscription fees at any time. If we do so, we will provide notice of any fee change at our sole discretion (for example, by posting on our Website). Your continued use of the Service after a fee change becomes effective constitutes your agreement to pay the modified fee.

5. User Conduct and Content

5.1 Use of AI Platform

Our Service uses the OpenAI API to provide AI-generated content. You acknowledge and agree that:

• AI-generated content may contain inaccuracies, offensive language, or references to copyrighted material.
• You will not rely on AI-generated content as professional, legal, or financial advice.
• You assume all risk for any decisions or actions resulting from your use of AI-generated content.

5.2 User-Generated Content

Currently, there is no public sharing of chat history or other user content. All user prompts and AI-generated responses are private to your account. However, Pro Audio Files AI reserves the right to store such content for product improvement, analytics, or troubleshooting, consistent with our Privacy Policy.

5.3 Prohibited Content

You agree not to use the Service to create, store, or share content that:

• Is harassing, threatening, defamatory, hateful, or otherwise promotes violence or discrimination.
• Is obscene, pornographic, or otherwise sexually explicit.
• Violates any applicable local, state, national, or international law.
• Infringes upon any third party’s intellectual property rights.
• Contains viruses, malware, or other harmful software.
• Is otherwise deemed inappropriate or offensive by us in our sole discretion.

5.4 Rights to Remove or Suspend Content

We reserve the right (but have no obligation) to monitor, review, or remove any content that violates these Terms or that we otherwise deem objectionable in our sole discretion. We may also suspend or terminate your account for engaging in these prohibited activities.

6. AI and Third-Party Services

Our Service integrates with third-party services, including but not limited to:

1. OpenAI API – for AI-generated content.
2. Stripe – for payment processing.
3. Google Analytics and Google Tag – for usage analytics, tracking, and marketing.
4. Meta Pixel – for marketing and analytics.
5. Sentry – for performance monitoring and error tracking.

You acknowledge that your use of these third-party services may be subject to additional terms and privacy policies. We do not assume responsibility for the content, terms, or privacy practices of any third-party services.

7. Privacy and Data Handling

For details on how we collect, use, store, and disclose your personal data, please review our Privacy Policy, which is incorporated by reference into these Terms. By using our Service, you agree to our data practices as described in the Privacy Policy.

8. Account Termination

8.1 By the User

You may terminate your account at any time by following the cancellation procedures in your account settings or by contacting us. Terminating your account will disable your access to the Service.

8.2 By the Company

We may suspend or terminate your account at any time for breach of these Terms, if required to do so by law, or due to prolonged inactivity. We will make reasonable efforts to provide notice of such termination. Upon termination, we reserve the right to delete or retain your data in accordance with our Privacy Policy.

9. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE, INCLUDING ALL CONTENT, INFORMATION, OR SERVICES PROVIDED THROUGH IT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE PRO AUDIO FILES LLC DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY INFORMATION PROVIDED IS ACCURATE, RELIABLE, OR COMPLETE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PRO AUDIO FILES LLC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SERVICE, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES. IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE PRO AUDIO FILES LLC EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO US FOR THE SERVICE IN THE LAST THREE (3) MONTHS, OR (B) ONE HUNDRED DOLLARS ($100).

11. Indemnification

You agree to defend, indemnify, and hold harmless The Pro Audio Files LLC and its affiliates, officers, directors, employees, and agents, from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from your use of the Service; your violation of these Terms; or your violation of any rights of a third party, including intellectual property rights.

12. Dispute Resolution and Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict-of-law provisions. You agree that any dispute arising from or relating to the subject matter of these Terms shall be governed by the exclusive jurisdiction and venue of the state and federal courts located in Phoenix, Arizona. You and The Pro Audio Files LLC waive any objection to jurisdiction and venue in such courts.

13. Marketing Communications

By creating an account, you agree to be automatically opted in to receive marketing communications (e.g., newsletters, special offers) from us. You may unsubscribe at any time by clicking the “Unsubscribe” link in any marketing email or by contacting us directly.

14. Modifications to the Terms

We reserve the right to modify these Terms at any time, effective immediately upon posting the updated Terms on our Website. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must discontinue using the Service.

15. Miscellaneous

• Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published by The Pro Audio Files LLC, constitute the entire agreement between you and us regarding the Service.
• Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign or transfer these Terms or your rights or obligations hereunder without our prior written consent. We may freely assign these Terms at our sole discretion.
• No Third-Party Beneficiaries: These Terms do not create any third-party beneficiary rights.

If you have any questions or concerns about these Terms, please contact us at:
The Pro Audio Files LLC
3409 N 7th Ave PMB 726, Phoenix, AZ 85013
(503) 893-2954

Thank you for using Pro Audio Files AI!

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