Version 2026-08-22 · Effective August 22, 2026

Terms of Use

These Terms form a binding agreement between you and Hummingly, the developer/service operator identified in the applicable app-store listing (“Hummingly,” “we,” “us,” or “our”). They govern the Hummingly mobile apps, website, account, AI song creation, playback, private sharing, Library Sync, backup, wellness integrations, and related services (the “Service”).

1. Eligibility and acceptance

The Service is intended and available only to individuals who are 18 years of age or older. Before the login screen, you must enter your date of birth, affirm that you are at least 18 and that the date is accurate, and confirm that you reviewed and agree to these Terms and acknowledge the Privacy Policy. Your birth date is used only in memory for that eligibility decision and is not retained. We retain the eligibility result, acceptance time, and policy versions.

By creating an account, signing in, or continuing as a guest after that process, you represent and warrant that you meet the age requirement and have authority to accept these Terms. If you do not agree, do not use the Service.

2. Accounts and security

You must provide accurate information, safeguard credentials and devices, and promptly report suspected unauthorized access. You are responsible for activity under your account. Guest use may have different recovery and portability limitations. Do not share authentication tokens or attempt to access another user’s account, private song, backup, or share invitation.

3. AI-generated lyrics and music

Hummingly uses Google Gemini to help create and refine lyrics and Google Lyria 3 to generate original music. AI output is probabilistic: it may vary, contain mistakes, omit or repeat words, or resemble common ideas. Hummingly does not guarantee uniqueness, copyrightability, fitness for a purpose, uninterrupted availability, exact duration, or a particular artistic result. Lyria output may include Google’s SynthID watermark.

Do not request imitation of a real artist, a recognizable existing song or melody, copyrighted lyrics you do not control, or unlawful material. You are responsible for reviewing output before using or sharing it and for obtaining rights needed for your inputs and intended use. Provider and applicable-law restrictions may limit commercial use or distribution.

4. Clean-content and AI security gate

The Service uses input sanitization, prompt isolation, prompt-injection detection, automated content classification, provider safety controls, and output checks. You may not attempt to override system or developer instructions, reveal hidden prompts, bypass safety controls, manipulate the model or other users, or generate profanity, hateful or harassing content, sexual content involving minors, explicit sexual material, graphic violence, instructions for wrongdoing, or other unlawful or inappropriate content. Hummingly may reject, stop, or remove a request or output and may suspend abusive accounts. Automated systems are imperfect and do not replace your judgment.

Self-harm or crisis language may receive support resources instead of a song. Hummingly is not a crisis, medical, or emergency service.

5. Your inputs and content license

You retain rights you have in your affirmations, lyrics, titles, presets, playlists, and other inputs. You grant Hummingly a limited, worldwide, non-exclusive license to host, copy, transmit, process, adapt, and display that content only as needed to operate, secure, support, sync, back up, and improve the Service; fulfill your generation and sharing requests; comply with law; and enforce these Terms. You represent that you have the rights and permissions needed to submit the content.

6. Private sharing and user conduct

Sharing is recipient-scoped, sign-in protected, and playable only through Hummingly. You choose recipients and may revoke access. Recipients may add a shared song to their library, favorites, or playlists while permission remains active; revocation removes access and associated recipient library references. A link or QR code is an invitation, not public permission. Do not forward invitations to unintended people, record or redistribute another user’s song without permission, harass users, impersonate others, scrape usernames, or evade blocks and moderation.

7. Local files, Library Sync, and backup

Song playback is designed around app-managed files and protected service copies. Library Sync can keep supported account data and song audio consistent across signed-in devices. Optional iCloud or Google Drive backup uses the provider available on the device. Sync and backup are distinct and may depend on connectivity, storage, provider authentication, operating-system rules, and account state. They are not guaranteed archival storage. Keep independent copies of anything irreplaceable.

8. Wellness and health integrations

With your permission, Hummingly can record eligible playback as mindful or wellness minutes and exchange limited data with Apple Health or Android Health Connect. The Service is for general wellness and entertainment only. It is not medical advice, diagnosis, treatment, therapy, or a substitute for a qualified professional. Binaural labels and wellness metrics do not promise a medical or neurological result. Do not use the Service where audio playback could be unsafe.

9. Subscriptions and app-store billing

If paid products are offered, the purchase screen will show the current price, generation allowance, renewal period, and material restrictions before confirmation. Purchases through Apple App Store or Google Play are billed and managed by that store. Auto-renewing subscriptions continue until canceled through store settings, subject to the store’s timing and refund rules. Deleting the app or account does not automatically cancel a store subscription.

10. Intellectual property

The Service, branding, interface, software, documentation, and non-user materials are owned by Hummingly or its licensors. These Terms grant a limited, personal, revocable, non-transferable right to use the Service. They do not transfer ownership of the Service or third-party technology. Send good-faith intellectual-property notices with identification of the work, location, contact details, authority, and a statement of accuracy to hello@hummingly.app.

11. Acceptable use and prohibited activity

You may not violate law or third-party rights; exploit, threaten, or deceive anyone; upload malware; disrupt or overload the Service; reverse engineer except where law forbids restriction; automate account creation or generation without permission; probe security; bypass quotas, age checks, moderation, payment, or access controls; use generated content to impersonate or defraud; or use the Service to train a competing model without written permission.

12. Availability, changes, and third-party services

Google AI services, Cloudflare, Apple, Google Play, iCloud, Google Drive, Apple Health, Health Connect, and other dependencies have their own terms and availability. We may change, suspend, or discontinue features; update limits; or replace technology. We will provide notice when required. Preview models and provider behavior can change, and no specific model is guaranteed forever.

13. Suspension and termination; account deletion

You may stop using the Service and request account deletion in the app or at Delete Account. We may restrict or terminate access for material or repeated violations, fraud, security risk, legal requirements, or harm to the Service or others. Provisions that logically survive—including rights, disclaimers, liability limits, indemnity, and dispute terms—remain effective.

14. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” HUMMINGLY DISCLAIMS IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT. NOTHING IN THESE TERMS EXCLUDES RIGHTS THAT CANNOT LAWFULLY BE EXCLUDED.

15. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HUMMINGLY AND ITS AFFILIATES, PERSONNEL, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF DATA, PROFITS, GOODWILL, OR OPPORTUNITY; OR SERVICE INTERRUPTION. HUMMINGLY’S AGGREGATE LIABILITY RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF US$100 OR THE AMOUNT YOU PAID HUMMINGLY FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT. THESE LIMITS APPLY ONLY TO THE EXTENT PERMITTED IN YOUR JURISDICTION.

16. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless Hummingly and its affiliates, personnel, and licensors from third-party claims arising from your unlawful use, your inputs or sharing, your infringement of rights, or your material breach of these Terms. This does not apply where prohibited or to the extent caused by Hummingly.

17. Governing law and disputes

These Terms are governed by the law stated for the developer/service operator in the applicable app-store listing, without regard to conflict-of-law rules, except that mandatory consumer protections and small-claims rights remain available. Before filing a claim, contact us and allow 30 days for an informal resolution. Nothing here prevents either party from seeking urgent injunctive relief or reporting a matter to a regulator.

18. Apple App Store and Google Play

Apple and Google are not parties to these Terms and are not responsible for the Service, support, warranties, or claims, except as required by their store terms. Apple is an intended third-party beneficiary of the provisions applicable to an iOS download and may enforce them. Your store use also remains subject to the applicable store rules.

19. Changes, assignment, severability, and waiver

We may update these Terms and will request renewed acceptance when a material update requires it. You may not assign these Terms without consent; Hummingly may assign them in connection with a reorganization, financing, merger, or transfer of the Service. If a provision is unenforceable, the remainder continues. Failure to enforce a provision is not a waiver. These Terms and incorporated notices are the entire agreement about the Service.

20. Contact

Questions: hello@hummingly.app. Support: Help & Support.