Usage
Licensing
Music generation
Last Updated September 12, 2023
Introduction, Overview, and Your Agreement
These terms of service (and any other terms or information incorporated into them by reference) (collectively the “Terms”) govern your access and use of Stable Audio (the “Services”). By signing up for, or otherwise using, the Services, you agree to these Terms. If you do not agree to these Terms, then you must not use the Services.
The Services are provided by Stability AI Ltd and its affiliates (“Stability,” “we,” or “us”) to provide creative generative tools for our users to express their creativity to produce user-generated music and sound effects (“Content”) from text prompts. The Services use an artificial intelligence (“AI”) tool to generate this Content. This use of AI is relatively new and still evolving. We cannot guarantee the suitability or appropriateness of the resulting audio you generate. You are solely responsible for your use of the Services, including your text prompts, generation of Content, and the consequences of your Content Sharing (as defined below).
Subject to your compliance with these Terms, you may access and we grant you a non-exclusive right to use the Services. You will comply with all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services, including the AI models on which the Services depend. Use of the Services is subject to our Privacy Policy (available at https://stability.ai/privacy-policy), Acceptable Use Policy (available at https://stability.ai/use-policy), and additional terms and conditions presented by Stability, all of which are made part of these Terms by reference and to which you hereby agree.
You must be at least 13 years old to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services. If you are a parent or legal guardian and allow your child to use the Services, then these terms apply to you and you are responsible for your child’s activity on the Services. By clicking “I have read and agree” below, you are representing that you are of a legal age to enter into a binding contract in your legal jurisdiction and you are agreeing to these Terms. If you are not of legal age, do not agree to these Terms, or do not have that authority, you must not access or use the Services and any use would be wholly unauthorized and in violation of these Terms. If you are using the Services on behalf of a business or other entity, you also represent that you have authority to bind them to these Terms. As used in these Terms, the word “you” refers to any individual who has agreed to these Terms, or any business or other entity on behalf of which an authorized representative has agreed to these Terms.
THESE TERMS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH BELOW, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR ANY OTHER COURT PROCEEDINGS (OTHER THAN SMALL CLAIMS COURT ACTIONS IN SOME CIRCUMSTANCES), OR CLASS ACTIONS OF ANY KIND. IN ARBITRATION THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT.
Your Information
For information concerning how and why we might collect, store, use, and/or share your personal information when you use the Services, including when you register to set up a membership account, please read and review our Privacy Policy.
Commercial Use Of Services
Subject to the remainder of these Terms, we encourage Basic Tier Users to employ the Services to make creative, non-commercial use of Content. Basic Tier Users may have a more limited experience on the Service, such as certain limitations on the length of Content produced by the Services, the file-types of that Content, and and the number of instances of generated Content (“Generations”) permitted each month. (Unused Generations from prior months will not roll over to subsequent months.) You agree to not attempt to circumvent these limitations.
Unlike Basic Tier Users, Pro Tier Users may use the Services to generate Content for some (but not all) commercial uses. The following chart sums up the usage restrictions for Basic and Pro Tiers:
Can use the output… | Basic | Pro | Enterprise |
In non-commercial projects | ✅ | ✅ | |
In commercial projects (e.g., professional videos, movies, presentations, video games, or advertisements) | ❌ | ✅ | |
In commercial music releases | ❌ | ✅ | |
In commercial products (e.g., apps, software, or website platforms) with < 100,000 monthly averages users (“MAU”) | ❌ | ✅ | |
In commercial products with > 100,000 MAU | ❌ | ❌ |
If at any point the usage of a commercial product incorporating Content produced by the Services is greater than 100,000 monthly active users in the preceding calendar month, you must request an Enterprise Tier license from us, which we may grant to you in our sole discretion, and you are not authorized to continue to make use of the Services, previously generated Content, or new Content unless or until we expressly grant you such rights. We encourage enterprise users to contact us to discuss licenses and other individualized arrangements at .
You may not use the Services, or use Content from the Services, to develop or train any AI models.
Community Guidelines
As a valued member of our user community, the contribution of your near-boundless creativity plays an important part in creating incredible Content. We like to say “near-boundless” because your contributions must be safe, legal, and in accordance with these Terms. We want to be very clear about what we expect from you, and how we may respond if you do not meet our expectations. These Community Guidelines apply to your Content, your prompts, and your use of the Services, including any Content Sharing (as defined below). Please review them carefully.
Any violation of these Terms (including these Community Guidelines and our Acceptable Use Policy) may result in the suspension or termination by us, in our sole discretion, of your access to and use of the Services (including a permanent ban and forfeiting any remaining credits and fees paid for the services). We may change the Services at our sole discretion. We will endeavor to provide reasonable notice of any suspension, termination, or change to you, but may do so without notice if in our sole judgment it is required by law, to avoid misuse of the Services, or otherwise to address or prevent an emergency or adverse impacts. If we disable your account for a violation of the Terms or any other reason based on your conduct, you may not create another account without our express permission, which we may withhold in our sole discretion. If we let you create a new account, it does not imply that our prior decision to disable your account was wrong or without cause. Suspension or termination of your access to and use of the services will not terminate Stability’s rights to your Content that is outlined in these Terms.
Prohibited Uses
We want you to use the Services to express yourself and to develop Content that you find interesting, but not at the expense of the safety and well-being of others. In addition to your agreement to comply at all times with our Acceptable Use Policy, you agree that you will not, or assist any other person to:
The Services may block certain text prompts and Content if we find in our sole discretion that they are inappropriate, objectionable, or may expose us or others to any harm or liability even where the Content does not otherwise violate the above prohibitions.
Export Restrictions
The Services may not be used in or for the benefit of, exported, or re-exported into (a) any United States or United Kingdom embargoed countries (collectively, the “Embargoed Countries”); (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, any party on the UK Sanctions List, or any other restricted party lists (existing now or in the future) identified by the Office of Foreign Asset Control, the U.S. Department of Commerce Denied Persons List or Entity List, or any other restricted party lists (collectively, “Restricted Party Lists”). The Services also may not be used in violation of any other applicable embargo or sanctions regime. You represent and warrant that you are not located in any Embargoed Countries and are not on any such Restricted Party Lists. You must comply with all applicable laws related to Embargoed Countries or Restricted Party Lists, including any requirements or obligations to know your end users directly.
Ownership of Content; Stability Use of Content
As between you and Stability, you own the Content that you generate using the Services to the extent permitted by applicable law and the restrictions in these Terms. You are responsible for ensuring the lawfulness of all Content and compliance with these Terms. Due to the nature of machine learning, Content generated by the Services may not be unique across users and the Services may generate the same or similar Content for Stability or a third party. For example, you may provide an input prompt such as “a moody string quartet piece” and receive a particular output. Other users may also offer similar prompts and receive similar output. Those responses that are requested by and generated for other users are not considered your Content.
With respect to prompts you upload to the Services, you represent and warrant that you own all necessary right, title, and interest in and to such prompts, including, without limitation, all necessary copyrights and rights of publicity contained therein. You are responsible for the Content, including for ensuring any Content Sharing does not violate any applicable law, intellectual property right of any third party, or these Terms.
You agree that Stability may use your prompts, activity, and the Content to develop, improve, and provide products and services, including by storing your Content and associated metadata (e.g., music specifications, seeds, text prompts, generated audio, and feedback) in a “history” section of your account so that you may browse and retrieve Content you previously generated using the Services. You grant Stability a nonexclusive, worldwide, royalty free, transferable, sublicensable, perpetual license to use your prompts and Content.
Unless otherwise expressly indicated by Stability, all content displayed or made available on Stability’s website other than your prompts and your Content, including without limitation, text, images, illustrations, designs, logos, domain names, service marks, software, scripts, and the selection, compilation and arrangement of any of the foregoing is owned by Stability, its affiliates, licensors and/or other third parties (“Site Content”). Stability’s website and all Site Content are protected by copyright, trade dress, trademark, moral rights, and other intellectual property laws in the United States, the United Kingdom, and other international jurisdictions. All such rights are reserved. You may not use Stability’s or any of its affiliates’ names, logos, or trademarks, without our prior written consent.
Indemnity
You will indemnify, defend and hold harmless Stability and its affiliates, shareholders, officers, directors, employees, agents, and representatives from and against any and all claims, including all damages, judgments, costs and expenses (including reasonable attorneys' fees) (collectively, “Claims”), arising out of or relating to (a) intellectual property infringement claims made against Stability concerning your inputs to the Services, (b) your use of the Services, including your access to, use of, or misuse of the Services, Content, and Content Sharing, or (c) your violation of these Terms (including use of the Services in violation of these Terms).
Fees and Payments
(a) Fees and Billing. You will pay all fees charged to your account (“Fees”) according to the prices and terms on the applicable pricing page. We have the right to correct pricing errors or mistakes even if we have already issued an invoice or received payment. You will provide complete and accurate billing information including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis, but may reasonably change the date on which the charge is posted. You authorize us and our affiliates, and our third-party payment processor(s), to charge your payment method for the Fees. If your payment cannot be completed, we will provide you written notice and may suspend access to the Services until payment is received. If you, in good faith, reasonably dispute any portion of an invoice, you must provide written notice and documentation to us within two calendar weeks following the date of that dispute explaining in sufficient detail your reasons for disputing the invoice. Any undisputed amounts not paid when due will bear interest from the original due date until paid at a rate equal to the lesser of 1.5% per month or the maximum rate permitted by applicable law. Payments are nonrefundable except as provided in these Terms.
(b) Sales Taxes. Sales taxes, VAT, and any other associated indirect taxes are determined in addition to your subscription and are calculated using the appropriate rate for your territorial jurisdiction at the time of purchase.
(c) Price Changes. We may change our prices by posting notice to your account and/or to our website, and will specify an effective date in such notice. Any price changes will apply to the Fees charged to your account immediately after the effective date of the changes, subject to applicable law.
(d) Late Payments. If any amount of your Fees are past due, we may suspend your access to the Services after we provide you written notice of late payment.
Security
You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services or your Services account(s), you must promptly contact Stability and provide details of the vulnerability or breach.
Feedback
We always love to receive feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). You acknowledge that any Feedback provided by you to Stability is not confidential and that Stability and its affiliates will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, without providing any compensation or other attribution or acknowledgment to you.
Copyright Protections
Stability respects the rights of intellectual property holders. If you believe that any Content infringes your copyright rights, please see our Copyright Policy.
Disclaimer
The Services are provided on an "AS IS" and "AS AVAILABLE" basis. Except to the extent prohibited by law, we make no warranties (express, implied, statutory, or otherwise) with respect to the Services or Content, and disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. STABILITY MAKES NO WARRANTY THAT (a) THE SERVICES WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE “HISTORY” FEATURE OF STABLE AUDIO WILL REMAIN AVAILABLE AT ALL TIMES OR INDEFINITELY, OR (d) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
Stability reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. We will endeavor to provide reasonable notice before discontinuing the Services, but may do so without notice if in our sole judgment it is required by law, to avoid misuse of the Services, or otherwise to address or prevent an emergency or adverse impacts. You agree that Stability will not be liable to you or to any third party for any modification or discontinuance of the Services, except as set forth in the "Limitation of Liability" section below.
You understand that we are not responsible for any activities or legal consequences of your use of the Services. Users are responsible for using the Services in compliance with these Terms and with all applicable laws and regulations of the jurisdictions in which such users are domiciled, reside, or are located at the time of such access or use, as well as the jurisdictions into which such users direct any Content Sharing.
Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER STABILITY NOR ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, LICENSORS, SERVICE PROVIDERS, OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STABILITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICES, THE CONTENT, OR ANY RELATED INFORMATION; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY CONTENT; (c) CONDUCT OF ANY THIRD PARTY (INCLUDING OTHER USERS OF THE SERVICES); OR (d) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL STABILITY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE GREATER OF (I) ONE HUNDRED DOLLARS ($100) OR (II) THE PRICE YOU PAID FOR THE AMOUNT OF CREDITS CONSUMED BY THE SERVICES IN THE LAST TWELVE (12) MONTHS. IF YOU ARE MERELY DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
You agree that regardless of any statute or law to the contrary, any claim or cause of action that you may have arising out of or related to use of the Services or these Terms must be filed by you within one (1) year after such claim or cause of action arose or be forever barred.
Because some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of certain categories of damages, some of the above limitations may not apply to you.
Dispute Resolution by Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Any arbitration hearings will take place in New York, New York, at another mutually agreeable location or, if both parties agree, by telephone or video conference. Whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator or by a hearing will be determined in accordance with the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
Choice of Law
Any and all Claims shall be governed by the Federal Arbitration Act, and the internal substantive laws of the State of New York in all respects, without regard for the jurisdiction or forum in which the user is domiciled, resides, or located at the time of such access or use. Except as provided in the Arbitration Agreement, all Claims will be brought in the federal or state courts located in New York, New York, and you and Stability each unconditionally, voluntarily, and irrevocably consent to the exclusive personal jurisdiction and venue of those courts. You hereby irrevocably and unconditionally waive any right you may have to a trial by jury or to proceed by class action in respect of any action or proceeding arising out of or relating to these terms that is not subject to arbitration, as set forth above.
A printed version of these Terms and any other notice given in electronic form will be admissible in any arbitral, judicial, or administrative proceedings based upon or relating to these Terms and your use of the Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Waiver and Severability
If you do not comply with a portion of these Terms and we do not take action right away, this does not mean we are giving up any of our rights under these Terms. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction or arbitrator, the remainder of the Terms shall be enforced to the maximum extent permitted by law.
Entire Agreement; Construction
These Terms contain the entire agreement between you and Stability regarding your use of the Services and supersede any prior or contemporaneous agreements, communications, or understandings between you and Stability on that subject.
Assignment and Delegation
Your account is specific to you and may not be shared with or transferred to any other person. You may not assign or delegate these Terms or any rights or obligations under these Terms without our express permission. Any attempted or purported attempted assignment or delegation without our permission shall be null and void, and will automatically terminate your right to use the Services. We may assign or delegate these Terms or any rights or obligations under these Terms in connection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.
Notices
All notices to Stability under these Terms, unless otherwise specified, shall be sent to [email protected]. We may notify you using the membership registration information you provided when you signed up to access the Services, including the email address associated with your use of the Services. Service of any notice will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by postal mail.
Changes to these Terms
We may change or modify these Terms by posting a revised version on the Stability website or by otherwise providing notice to you, and will state at the top of the revised Terms the date they were last revised. Changes will not apply retroactively and will become effective no earlier than fourteen (14) calendar days after they are posted, except for changes addressing new Service functions or changes made for legal reasons, which will be effective immediately. Your continued use of the Services after any change means you agree to the new Terms.