This End User License Agreement ("EULA") is a legal agreement between you and SmartGroove (operated by Yahav Avraham as a sole proprietorship in Israel) governing your installation and use of the SmartGroove desktop application and all associated components, including auto-updates, AI features, and bundled open-source modules (collectively, the "Software"). By installing or using the Software, you agree to this EULA. Web services (smartgroove.app, app.smartgroove.app) are governed by our separate Terms of Service.
1. License Grant
Subject to your compliance with this EULA, SmartGroove grants you a personal, non-exclusive, non-transferable, revocable license to install and use the Software on devices you own or control, for both personal and commercial creative work, within the limits of your subscription plan.
2. Restrictions
You may not:
- Reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software, except to the extent applicable law expressly prohibits this restriction.
- Distribute, resell, sublicense, rent, lease, or lend the Software.
- Use the Software to violate applicable law or the rights of others.
- Remove or alter any proprietary notices in the Software.
- Tamper with, bypass, or attempt to circumvent the AI Credit metering or any rate-limiting mechanism.
3. Ownership of AI-Generated Output
Any audio, MIDI, lyrics, project files, or other content you create using SmartGroove's AI features — including but not limited to the AI co-producer chat, AI track generation, and AI-assisted arrangement operations — belongs to you. SmartGroove claims no copyright, ownership interest, or royalty in your AI-generated output.
You are free to use, modify, distribute, license, and commercially exploit AI-generated output produced by SmartGroove, subject only to: (a) the prohibitions in our Acceptable Use Policy, and (b) any third-party intellectual-property rights that your prompts or inputs may implicate (the responsibility for which rests with you).
Because AI-generated output may, in some jurisdictions, be ineligible for copyright protection on its own, SmartGroove makes no warranty that AI-generated output is itself copyrightable. Adding original creative input on top of AI output (arrangement, performance, mixing, lyrics) generally creates a copyrightable derivative work, but this depends on local law and is your decision to navigate.
4. No Model Training; Operational Logging of AI Prompts
SmartGroove does not train AI models. We do not operate or maintain any AI training infrastructure, and we do not use your data to train, fine-tune, or improve any AI model — ours or anyone else's.
We do retain a record of AI interactions for a limited period to operate and improve the Service. Specifically:
- (a) What stays local. Your audio recordings, MIDI clips, plugin states, microphone input (used for speech-to-MIDI), and SmartGroove project files never leave your device. These are stored locally on your computer and are never uploaded to SmartGroove servers or transmitted to any third party.
- (b) What we log. Text prompts you send to the AI assistant, the corresponding model responses, tool calls invoked, and minimal request metadata (timestamp, plan tier, user identifier) are logged on our Supabase-hosted infrastructure. AI-generated audio output is not stored on our servers; only the text prompt and parameters that produced it are logged.
- (c) How we use logs. We use logs solely to: (i) tune the SmartGroove AI agent's system prompt and behavior to make it more accurate and helpful; (ii) diagnose bugs in the chat, generation, and tool-dispatch pipelines; (iii) detect abuse of the AI features and enforce the Acceptable Use Policy; and (iv) analyze aggregate usage patterns to prioritize product development.
- (d) What we do not do with logs. We do not use logs to train, fine-tune, or evaluate AI models. We do not sell, license, or share logs with third parties for advertising, profiling, or training. We do not read individual users' prompts except where strictly necessary for debugging, abuse investigation, or legal compliance.
- (e) Log retention. Prompt logs are retained for up to ninety (90) days, after which they are automatically deleted. Aggregate, fully-anonymized statistics (for example, median prompt length per plan tier) may be retained longer for product-roadmap purposes; these contain no individual prompt content.
- (f) Right to deletion. You may request deletion of all logs associated with your account at any time by writing to [email protected]. Deletion requests are processed within thirty (30) days per Privacy Policy §6.
- (g) Upstream provider commitments. SmartGroove operates Anthropic's API under their commercial terms, which prohibit Anthropic from using API inputs to train models. If we add additional model providers in the future, we will only use providers with equivalent commercial non-training commitments and will update our policies accordingly.
- (h) Future change. If we ever decide to use logs for AI model training, fine-tuning, or evaluation, we will update this section, notify you in advance by email, and provide an opt-out before the change takes effect. We have no current plans to do so.
5. AI Credit Consumption
Paid subscription plans include a monthly allowance of AI credits ("Credits"). Current allowances are: Free 0 / Pro 66,667 / Studio 333,333 / Beta 100,000. AI features that invoke the upstream model provider consume Credits per call, deducted from your monthly balance at the time of the request.
- Credits do not roll over. Unused Credits at the end of each billing period are forfeited. Credits reset to the plan allowance at the start of each new billing period.
- Credits have no cash value. Credits cannot be exchanged for cash, transferred between accounts, or sold. Refunds, where granted under our Refund Policy, refund subscription fees — not unused Credits.
- Exhausted balance. When your Credit balance reaches zero, AI features that require Credits will be unavailable until your next billing period or until you upgrade your plan. Non-AI features (recording, arrangement, plugin hosting, MIDI editing, export) remain fully functional regardless of Credit balance.
- Abuse of the credit system. Circumventing Credit metering — including but not limited to API tampering, account sharing for the purpose of pooling Credits, automated or scripted abuse, or any technical attempt to obtain Credits without paying for them — is grounds for immediate termination per the Acceptable Use Policy, with no refund.
- Failed AI calls. If an AI request fails on our side (proxy error, upstream provider error, or rejection by upstream content policy), the Credit charge is reversed. Failures caused by your local environment (network, microphone, OS permissions) do not refund Credits if the AI request was already sent and processed.
6. Updates & Auto-Update
The Software includes an auto-update mechanism. Updates may be downloaded and applied automatically to deliver bug fixes, security patches, and new features. You may control auto-update behavior from the in-app settings. Continued use of the Software after an update constitutes acceptance of the updated version under this EULA.
7. Third-Party Plugins
SmartGroove hosts third-party audio plugins (VST3, CLAP, and similar) in a sandboxed process. SmartGroove is not responsible for the behavior, licensing, or output of third-party plugins you install. You are responsible for complying with each plugin's license.
8. Open-Source Components
The Software includes open-source components licensed under permissive licenses (MIT, BSD, Apache 2.0, and similar). A full list with copyright notices and license texts is available in the in-app About → Acknowledgments section. Use of those components is governed by their respective licenses, which take precedence over this EULA solely with respect to those components.
9. Disclaimer of Warranty
The Software is provided "as is" and "as available" without warranties of any kind, express or implied, to the maximum extent permitted by applicable law. SmartGroove disclaims any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability
To the maximum extent permitted by applicable law, SmartGroove's total aggregate liability arising out of or related to this EULA or the Software is limited to the greater of (a) the total fees you paid SmartGroove in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred US dollars (US$100). In no event is SmartGroove liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, lost revenue, or lost data. Nothing in this section limits any mandatory consumer-protection rights you have under your local jurisdiction.
11. Termination
This EULA is effective until terminated. It terminates automatically if you fail to comply with any of its terms. Upon termination, you must stop using the Software and delete all copies. Sections 3 (Ownership of AI-Generated Output), 9 (Disclaimer of Warranty), 10 (Limitation of Liability), and 12 (Governing Law) survive termination.
12. Governing Law
This EULA is governed by the laws of the State of Israel, without regard to its conflict-of-laws principles. Any dispute arising out of or related to this EULA is subject to the exclusive jurisdiction of the competent courts in Tel Aviv-Yafo, Israel.
13. Contact
Questions about this EULA may be sent to [email protected].