Terms of Use

1. Operator and eligibility

These Terms are between you and Hummingly, the developer/service operator identified in the applicable app-store listing (“Hummingly,” “we,” “us,” or “our”). Contact: hello@hummingly.app.

Hummingly is available only to individuals who are 18 years of age or older. By creating an account, continuing as a guest, or otherwise using Hummingly, you represent and warrant that you are at least 18 and legally able to agree to these Terms. If you are under 18, you may not access or use Hummingly.

This eligibility requirement also reflects restrictions imposed by third-party artificial-intelligence services used to provide song creation. You may not use Hummingly if doing so is prohibited by applicable law, sanctions, or app-store rules.

2. The Hummingly service

Hummingly is a personal wellbeing and entertainment app that uses artificial intelligence and audio processing to turn words into songs. Features can include accounts, lyric generation and editing, music generation, previews, local playback, synced lyrics, Karaoke, binaural audio, playlists, favorites, Library Sync, provider Backup, local wellness minutes, optional write-only health export, profiles, and private recipient-specific sharing.

Feature availability can differ by country, platform, device, account type, provider configuration, app version, capacity, or law. Descriptions in the app or User Manual are operational guidance, not a promise that every feature will always be available.

3. Accounts and security

• Provide accurate registration information and keep it current.
• Protect your password, device, email account, Apple/Google account, health permissions, backup-provider access, and private links.
• Do not share credentials or allow another person to impersonate you. You are responsible for activity through your account unless caused by Hummingly’s failure to use reasonable security.
• Notify us promptly at hello@hummingly.app if you suspect unauthorized use.

A guest account is a limited, device-oriented trial mode. Guest data may be lost if the app is removed, local storage is cleared, or the device is unavailable. Saved-account features such as Library Sync, provider Backup, usernames, and private sharing require an eligible full account.

Usernames are public identifiers. We can reject, change, reserve, or remove a username that is misleading, infringing, abusive, impersonating, security-sensitive, or reserved for the service. Current and former usernames may remain reserved to the same account to prevent impersonation and preserve old profile-link safety.

4. Limited license to use Hummingly

Subject to these Terms, Hummingly grants you a personal, limited, revocable, non-exclusive, non-transferable, non-sublicensable license to install and use the app and access the service for lawful personal, non-commercial purposes. App-store and open-source license terms also apply where relevant.

Hummingly and its licensors retain all rights in the app, service, designs, software, technology, branding, documentation, and content we provide, excluding your content and third-party materials. No right is granted by implication.

5. Acceptable use

You may not use Hummingly to:

• Break the law, infringe intellectual-property, privacy, publicity, or other rights, or submit content you lack authority to use.
• Request imitation of a specific artist, submit copyrighted lyrics or recordings without permission, misrepresent authorship, or distribute output in a way that violates another person’s rights.
• Threaten, harass, exploit, stalk, defame, discriminate against, or endanger another person; create or share unlawful sexual, violent, or abusive content; or involve minors in prohibited content.
• Impersonate another person, reserve a deceptive username, scrape or enumerate user accounts, misuse exact-email lookup, or use profile/QR tools for spam.
• Share with a person you did not intend, forward another recipient’s private link, bypass app-only playback, extract or redistribute shared audio, defeat revocation, or evade blocks or moderation.
• Probe, scan, attack, overload, interfere with, reverse engineer, or circumvent security, access, quotas, rate limits, signed transfers, device binding, subscription/entitlement checks, or safety systems, except to the extent applicable law expressly permits reverse engineering despite this restriction.
• Upload malware, automate abusive requests, resell access, operate a competing service from Hummingly output or data, or use the service to train a model without written permission.

We may screen, reject, limit, quarantine, or remove content and access when reasonably necessary to enforce these rules, protect people or the service, comply with law, or investigate a report. Safety screening is not perfect and does not make Hummingly an emergency service.

6. Your inputs and content license

You retain the rights you have in words, lyrics, recordings, and other material you submit (“Inputs”). You represent that you have all rights, permissions, and lawful bases needed for Hummingly and its providers to process the Inputs as described here and in the Privacy Policy.

You grant Hummingly a worldwide, non-exclusive, royalty-free, sublicensable-to-service-providers license to host, copy, transmit, format, analyze, generate from, align, separate, display to you, stream to authorized recipients, secure, back up at your direction, and otherwise process Inputs and resulting content only as reasonably needed to:

• provide, maintain, secure, troubleshoot, and improve the requested service functions;
• operate Library Sync and your selected provider Backup;
• complete a private share to accounts you authorize;
• investigate reports, enforce these Terms, and comply with law; and
• exercise or defend legal rights.

This operational license ends when the content is deleted except for active authorized shares, pending deletion jobs, provider copies outside our control, de-identified data, protected backup rotation, and material retained for legitimate security, moderation, dispute, or legal obligations.

7. AI-generated lyrics and music

AI output is probabilistic and can be inaccurate, inappropriate, incomplete, unexpected, or similar to output produced for another user. The same request can produce a different song each time. Review lyrics and audio before relying on or sharing them.

To create requested output, Hummingly currently uses Google Gemini for lyrics and ElevenLabs for music. Full song audio and lyrics may also be sent to ElevenLabs when you request forced alignment or synced-lyrics repair. Karaoke uses Hummingly’s internal Demucs separation service with transient working files. Provider terms and technical limits affect output and availability.

To the extent Hummingly has rights in a generated output and applicable law permits, Hummingly assigns those rights to you for personal, non-commercial use, subject to these Terms and third-party rights. We do not promise that AI output is copyrightable, owned exclusively by you, unique, non-infringing, or eligible for trademark, copyright, publicity, or commercial exploitation. Laws concerning AI output vary and can change. Obtain professional advice before any commercial, public, or high-risk use.

Do not use another artist’s name, existing song title, copyrighted lyrics, or protected recording as a shortcut to imitation. Describe genre, instruments, mood, energy, pacing, and vocal qualities instead.

8. Private sharing and user conduct

Private sharing is recipient-specific, revocable, and intended for people you trust. Select each recipient carefully. A targeted invitation is bound to that Hummingly account; a generic HTTPS link alone is not permission. The recipient must sign in, accept, remain eligible, and use the app for supported playback.

• You may share only a song you own or are authorized to share.
• Recipients may listen for personal use while access is active and may not extract, export, redistribute, publicly perform, sell, or bypass playback controls.
• The sender can revoke access. Blocking, account/song deletion, expiry, moderation, or provider/service failure can also end access.
• Revocation applies to future authorization. It cannot recall a message already sent, undo a recording or disclosure made while access was valid, or guarantee deletion from a compromised recipient device.
• Messaging, email, or social apps used to send a link operate under their own terms and can process the link and accompanying message.

Hummingly may expose reporting and blocking controls. A report can temporarily quarantine content. False, retaliatory, or abusive reporting violates these Terms.

9. Library Sync, provider Backup, and local data

Library Sync uses a private, Hummingly-controlled, account-scoped service copy so eligible devices signed in to the same account can converge. Backup is a separate, optional recovery mirror written to Google Drive app data or an eligible iCloud container you select. Neither is end-to-end encrypted.

Sync and Backup depend on your account, network, device storage, provider availability, valid permissions, file integrity, and service limits. We use safeguards and verification, but no sync or backup system is guaranteed to be uninterrupted, current, or loss-proof. Keep Hummingly open until status confirms success and retain other lawful originals for irreplaceable material.

• Turning Backup off stops new automatic provider copies from that device but does not delete an existing Google/Apple copy.
• Deleting a Hummingly account does not automatically erase files already on a device, provider Backup, or health-store sessions.
• Old offline devices and restores are reconciled using durable deletion records; do not intentionally manipulate sync state to restore content another user revoked or content removed for safety/legal reasons.
• Provider credentials and storage are governed by the provider’s terms. You are responsible for maintaining access and space in your Google or Apple account.

10. Wellness, health export, and safety

Hummingly is for wellbeing, reflection, relaxation, focus, and entertainment. It is not a medical device, health-care provider, therapist, emergency service, or substitute for diagnosis, treatment, medication, professional care, or crisis support. No song, lyric, binaural label, wellness total, or mindfulness export is a medical claim or guaranteed outcome.

Local wellness minutes are estimates based on audible playback and may be delayed, rounded, incomplete, or affected by device behavior. If you opt in, Hummingly writes session timing to Apple Health or Health Connect under your provider permissions; it does not read your broader health history. Provider health records are governed by Apple or Google.

Listen at a safe volume. Binaural audio requires stereo headphones for its intended effect and may not be suitable for everyone. Do not use audio in a way that distracts from driving, operating machinery, crossing streets, supervision, or other safety-critical activity. Stop if you feel discomfort. If you or another person may be in immediate danger or crisis, contact local emergency or crisis services.

11. Future paid products and app-store billing

Paid Hummingly subscriptions are not currently live. A Plus card or planned-feature description is not an offer and does not charge you. No purchase occurs unless a future Apple App Store or Google Play purchase sheet clearly identifies the product, price, billing period, renewal terms, and requires your confirmation.

If paid products launch:

• the price, currency, trial (if any), taxes, renewal, and included features shown on the store purchase screen at confirmation control;
• the app store processes payment and manages cancellation and most refunds under its terms;
• subscriptions can renew automatically until canceled through the store before the applicable renewal deadline;
• prices/features can change prospectively with notice required by the store or law; and
• loss of a paid entitlement does not itself transfer ownership of your Inputs, but paid-only functionality can become unavailable.

Do not rely on a planned price, unlimited-generation statement, or feature shown before paid products are activated. Current purchase terms will be displayed before any charge.

12. Intellectual-property complaints

If you believe material available through Hummingly infringes your copyright or other rights, email hello@hummingly.app with:

• your name and contact details;
• identification of the protected work or right;
• the Hummingly content/account/share information sufficient to locate the material without publishing a private credential;
• an explanation of the claimed infringement and your authority to act;
• a good-faith statement that the disputed use is not authorized; and
• a statement that the information is accurate, signed physically or electronically.

We can request more information, remove or restrict material, notify the affected user, and terminate repeat or serious infringers where appropriate. This process does not limit rights or remedies under applicable law.

13. Feedback

If you voluntarily send ideas, suggestions, or product feedback, you grant Hummingly a perpetual, worldwide, irrevocable, royalty-free, sublicensable license to use and incorporate that feedback without obligation or compensation. This does not transfer your private songs or Inputs merely because you ask for support.

14. Third-party services

Hummingly relies on services such as Google Gemini, ElevenLabs, Cloudflare, Apple, and Google, and can link to messaging, health, backup, emergency, or support resources. Third parties control their services, content, security, availability, and terms. Hummingly is not responsible for independent third-party acts or omissions, except where applicable law makes us responsible for a processor acting on our behalf.

15. Suspension and termination

You may stop using Hummingly and delete your account at any time. We may suspend, restrict, or terminate access, revoke shares, quarantine content, or preserve relevant evidence if we reasonably believe:

• you violated these Terms or law;
• your activity presents security, fraud, safety, infringement, or abuse risk;
• required by a provider, store, court, or government authority; or
• necessary to protect Hummingly, users, or third parties.

When practical and lawful, we will provide notice and an opportunity to contact support. We can discontinue the service or a feature, including when a provider becomes unavailable. Sections that by their nature should survive—such as ownership, licenses already needed for retained material, disclaimers, liability limits, indemnity, and general terms—survive.

16. Disclaimers

To the fullest extent permitted by law, Hummingly and the service are provided “as is” and “as available.” Hummingly disclaims implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, and warranties arising from course of dealing or usage.

We do not warrant that the service, output, health export, sync, backup, private sharing, security controls, or provider services will be uninterrupted, error-free, secure, accurate, unique, complete, compatible, or free of harmful components; that content will not be lost; or that any generated song will meet your expectations or be legally protectable. Some jurisdictions do not allow certain disclaimers, so they apply only to the extent lawful.

17. Limitation of liability

To the fullest extent permitted by law, Hummingly and its developers, service providers, licensors, and representatives will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, goodwill, opportunity, data, content, or business interruption; or the cost of substitute services, arising from or related to Hummingly, even if advised of the possibility.

To the fullest extent permitted by law, the aggregate liability of Hummingly and those parties for all claims arising out of or related to the service or these Terms will not exceed the greater of US $100 or the amount you paid for Hummingly in the 12 months before the event giving rise to the claim.

These limits do not exclude liability that cannot lawfully be limited, which can include liability for fraud, willful misconduct, gross negligence, death or personal injury caused by negligence, or mandatory consumer-protection rights, depending on applicable law.

18. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless Hummingly and its developers, service providers, licensors, and representatives from third-party claims, losses, liabilities, damages, judgments, penalties, and reasonable costs (including legal fees) arising from your unlawful Inputs or sharing, your infringement of another person’s rights, your misuse of the service, or your material breach of these Terms. This does not require indemnification for a claim caused by Hummingly’s own negligence, willful misconduct, or legal violation, and does not apply where prohibited for consumers.

19. App-store terms

Apple App Store

If you obtained Hummingly through Apple, these Terms are between you and Hummingly, not Apple. Apple is not responsible for the app or support. To the extent a warranty is legally required and Hummingly fails to satisfy it, you may notify Apple and Apple may refund the purchase price, if any; to the maximum extent permitted, Apple has no other warranty obligation. Hummingly, not Apple, is responsible for claims about the app, including product liability, legal/regulatory compliance, consumer-protection, and intellectual-property claims. You must comply with applicable third-party terms. Apple and its subsidiaries are third-party beneficiaries of this section and may enforce it.

Google Play

If you obtained Hummingly through Google Play, these Terms are between you and Hummingly, not Google. Google is not responsible for Hummingly, maintenance, support, claims, or warranties beyond obligations imposed by Google Play terms or law. Google Play’s distribution, payment, refund, and cancellation rules apply where relevant.

20. General terms

Changes

We may update the service or these Terms. We will update the date above and give additional notice when required for a material change. Changes apply prospectively unless law permits otherwise. If you do not agree, stop using the service and delete the account before the change takes effect.

Applicable law and disputes

Applicable law and a court with lawful jurisdiction will be determined under relevant conflict-of-laws, jurisdiction, and mandatory consumer-protection rules. Nothing in these Terms deprives you of non-waivable protections in the place where you live. We encourage you to contact us first so we can try to resolve a concern informally.

Assignment, severability, and waiver

You may not assign these Terms without our written consent. Hummingly may assign them as part of a reorganization, financing, merger, asset transfer, or service-operator change, subject to applicable notice and privacy obligations. If a provision is unenforceable, it will be narrowed to the minimum extent necessary and the rest remains effective. A failure to enforce a provision is not a waiver.

Force majeure

Hummingly is not responsible for delay or failure caused by events outside reasonable control, including internet/provider outages, natural disasters, labor disputes, war, terrorism, government action, epidemics, utility failures, or app-store/platform changes.

Entire agreement and notices

These Terms, the Privacy Policy, and any terms shown at a future purchase form the agreement about Hummingly and replace prior discussions on that subject. Notices may be delivered in the app, through the account email, on the website, or as required by law.

21. Contact

Questions about these Terms: hello@hummingly.app.

Product instructions are in the User Manual; common fixes are in Help & Support.