Version 2026-09-14 · Effective September 14, 2026

Terms of Use

These Terms form a binding agreement between you and Epicalin, LLC, the company that owns and operates Hummingly (“Hummingly,” “we,” “us,” or “our”). They govern the Hummingly apps, website, accounts, AI song creation, memberships, playback, private sharing, Library Sync, backup, and related services (the “Service”).

Epicalin, LLC, owner and operator of Hummingly. CEO: Catalin Calin. Business mailing address: 1810 N Burning Bush Ln, Mount Prospect, IL 60056, United States. Email: hello@hummingly.app.

1. Adult eligibility and acceptance

The Service is directed to and available only to people age 18 or older. Before login, you must enter your date of birth, confirm that you are at least 18 and that the date is accurate, agree to these Terms, and acknowledge the Privacy Policy. The birth date is evaluated for that request and is not retained; we retain the eligibility result, acceptance time, and document versions. By continuing, you represent that you satisfy this requirement and may enter this agreement. If you do not, do not use the Service.

2. Accounts and security

Provide accurate information, safeguard your credentials and devices, and report suspected unauthorized access. Take reasonable care to prevent unauthorized activity and notify us if you suspect compromise. You are not responsible for activity to the extent applicable law protects you or our failure caused it. Guest accounts may have limited recovery, portability, and purchasing options. Do not share authentication tokens or access another person’s account, private song, backup, or invitation.

3. AI generated lyrics and music

After your separate permission, Hummingly sends creative content to Google Gemini for lyric generation, refinement and safety review, and to Google Lyria for music generation. You can decline or withdraw this permission in Settings. This stops new AI requests; completed requests already sent to Google remain subject to the retention described in our Privacy Policy. Output is probabilistic and may vary, contain mistakes, omit or repeat words, resemble common ideas, or differ in length or style. We do not promise uniqueness, copyrightability, fitness for a purpose, uninterrupted availability, exact duration, or a particular result. Lyria generated audio includes Google’s SynthID watermark or other provenance technology.

Do not request a real artist’s voice or style, a recognizable song or melody, copyrighted lyrics you do not control, or unlawful material. You are responsible for your inputs, reviewing output, and securing rights needed for your intended use. We do not represent that any output is exclusive, registrable, or free of third party claims. Google’s applicable service restrictions and prohibited use rules also apply.

4. Clean content and AI security gate

The Service uses input normalization, prompt isolation, injection detection, contextual classification, provider safety controls, and output checks. You may not override hidden instructions, extract prompts, bypass safeguards, manipulate models or users, or request profanity, hateful or harassing material, sexual content involving minors, explicit sexual content, graphic violence, wrongdoing instructions, or other unlawful or inappropriate content. We may reject, stop, quarantine, or remove content and restrict abusive accounts. You may not disable or evade SynthID or other provenance controls.

You can use the in app “Report AI content” control to flag generated lyrics or music that is offensive, unsafe, misleading, or potentially infringing. Submit reports in good faith and do not use reports to harass others or include passwords, private links, or unnecessary sensitive information. We may review reported material and use reports to improve filters, enforce these Terms, and meet app store or legal obligations.

Authorized moderators review the limited report record and may use related safety telemetry, restrict sharing, quarantine an active shared asset, restrict an abusive account, improve safeguards, request minimal additional context, or dismiss an unsupported or duplicate report. A report does not guarantee a particular result or individual reply. If you believe a disposition was mistaken, contact hello@hummingly.app with the report identifier and a concise explanation; do not send credentials or private links.

Crisis language may receive support resources instead of a song. Hummingly is for general wellness and entertainment, not a crisis, medical, clinical, diagnostic, treatment, or emergency service.

5. Your inputs and limited license

You retain rights you have in affirmations, lyrics, titles, presets, playlists, and other inputs. You grant Hummingly a limited, worldwide, nonexclusive license to host, copy, transmit, process, adapt, and display that content only as needed to operate, secure and support the Service, including requested sync and backup; perform generation and sharing you request; comply with law; and enforce these Terms. You represent that you have all required rights and permissions.

6. Plans, allowances, and song length

First Hum includes one welcome full song creation for the lifetime of the account. Cozy includes 20 full song creations per calendar month. Glow includes 50 per calendar month. Cozy and Glow unlock a target length of up to three minutes. The purchase screen describes the plan you purchase. We will give notice of material changes and preserve any rights to cancel or receive a refund required by law or the store.

A creation is counted when generation of a complete song starts. A preview creates the complete song once and plays a short part, so it counts as one creation even if you decline it. Accepting that same preview does not count again. Requesting another take creates and counts another song. If Hummingly or the provider records a technical generation failure, the reserved creation is returned. Successful but unwanted results are not technical failures. Paid allowances reset at the beginning of each UTC calendar month, including on yearly memberships, and do not roll over, transfer, or have cash value. Provider and safety limits may still apply.

7. Auto renewing memberships and billing

Cozy and Glow are offered as monthly and yearly auto renewing subscriptions through Apple App Store or Google Play. Before purchase, the app shows the localized price, billing period, included creation allowance, and material conditions. Payment is charged to your store account when you confirm. Yearly payment covers a year of membership, but the creation allowance still resets monthly rather than being issued as one annual pool.

Your subscription renews automatically for the same period unless canceled through the applicable store. Apple subscriptions generally must be canceled at least 24 hours before renewal; Google Play displays the applicable renewal and cancellation terms. You can use Restore Purchases and open Manage Subscription from Hummingly settings. Deleting the app or your Hummingly account does not cancel a store subscription. Store policies control billing, taxes, price change consent, cancellation, and refunds. Hummingly cannot directly issue a store refund. Access may continue through the paid period after cancellation and may be suspended after refund, revocation, chargeback, billing failure, or expiration.

Only one effective plan is used at a time. Store upgrades, downgrades, and billing period changes follow the store’s displayed proration and effective date rules. An authorized Hummingly administrator may grant or remove a complimentary Cozy or Glow override without changing an underlying store purchase.

8. Private sharing and conduct

Sharing is recipient scoped, sign in protected, and playable only through Hummingly. You choose recipients and may revoke access. Recipients may save a shared song, favorite it, or put it in playlists only while the grant remains active; revocation removes access and associated references. A link or QR code is an invitation, not public permission. Do not forward invitations to unintended people, redistribute another user’s song, harass users, impersonate others, scrape usernames, or evade blocks or moderation.

Shared content remains subject to the clean content rules even when only one recipient can access it. Recipients can report objectionable content or conduct and block another account in the app. We may revoke or quarantine access while investigating. Good faith reporting is permitted; coordinated false reporting, retaliation, and attempts to identify or contact a reporter are prohibited.

9. Local files, Library Sync, and backup

Library Sync can keep supported account data and song audio consistent across signed in devices. Optional iCloud or Google Drive backup uses the provider supported by the device. Sync and backup are distinct and depend on connectivity, storage, provider authentication, operating system rules, and account state. They are not guaranteed archival storage. Keep independent copies of irreplaceable content.

10. Listening safely

Music and binaural audio do not promise a medical or neurological effect. Hummingly does not track listening minutes or connect to device health services. Do not listen where audio playback is unsafe.

11. Intellectual property

The Hummingly product, branding, interface, software and documentation belong to Epicalin, LLC or its licensors. Your rights in your own content are described above. You receive a limited, personal, revocable, non transferable right to use the Service. Send good faith intellectual property notices identifying the work, location, contact information, authority, and accuracy to hello@hummingly.app.

12. Prohibited activity

You may not violate law or third party rights; exploit, threaten, deceive, or impersonate anyone; upload malware; disrupt or overload the Service; reverse engineer except where law forbids restriction; automate accounts or generation without permission; perform unauthorized security testing; bypass quotas, payment, age, moderation, or access controls; use output for fraud or deceptive provenance; or use the Service or output to train a competing model without written permission.

13. Availability and third party services

Google AI services, Cloudflare, Apple, Google Play, iCloud, and Google Drive have separate terms and availability. The Service is offered only in supported territories where applicable provider terms and law allow it. Do not bypass territorial restrictions or use the Service in violation of applicable sanctions or export controls. We may change models, features, plans, or limits; suspend a feature; or discontinue the Service, with notice where required. No specific preview model or provider is guaranteed indefinitely.

14. Suspension, deletion, and survival

You may stop use and request account deletion in the app or at Delete Account. We may restrict access for violations, fraud, payment abuse, security risk, legal requirements, or harm. Rights in previously created content, lawful payment obligations, and the provisions needed to resolve existing disputes survive as appropriate. Account deletion does not cancel your store subscription.

15. 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 EXCLUDES NON WAIVABLE CONSUMER RIGHTS.

16. 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. AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF US$100 OR THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT. THESE LIMITS APPLY ONLY WHERE LAWFUL. THEY DO NOT LIMIT LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY LIABILITY THAT CANNOT LAWFULLY BE LIMITED. STATUTORY CONSUMER REMEDIES REMAIN AVAILABLE.

17. Responsibility for unlawful use

You remain responsible under applicable law for harm caused by your unlawful use or infringement of another person’s rights. Nothing in these Terms requires a consumer to indemnify us for our own acts or removes a protection provided by mandatory law.

18. Governing law and disputes

Illinois law governs these Service Terms, excluding its conflict of laws rules, except where mandatory law requires otherwise. Courts with jurisdiction in Illinois may hear disputes. Consumers retain any mandatory rights to the law and courts of their place of residence, small claims proceedings, regulatory complaints and other statutory remedies. You may contact us to seek an informal resolution, but doing so is not a condition of exercising those rights. These Terms do not impose arbitration or a class action waiver.

19. Apple App Store and Google Play

For the iOS application, Apple’s Standard Licensed Application End User License Agreement governs the application license. These Service Terms supplement that license for Hummingly’s services and do not replace it with a custom EULA. Google Play downloads remain subject to Google Play terms. Epicalin, LLC provides Hummingly support and is responsible for its services. Apple and Google retain their responsibilities under their own terms and applicable law.

20. Changes and contact

Material updates may require renewed acceptance tied to an immutable version. You may not assign these Terms without consent; Hummingly may assign them with a reorganization, financing, merger, or Service transfer. Unenforceable provisions are severed; non enforcement is not waiver. These Terms and incorporated notices are the entire agreement about the Service.

Epicalin, LLC, owner and operator of Hummingly. CEO: Catalin Calin. Business mailing address: 1810 N Burning Bush Ln, Mount Prospect, IL 60056, United States. Email: hello@hummingly.app. Support: Help & Support.