Welcome to PhantomRack. These Terms of Service ("Terms") govern your access to and use of the PhantomRack website, applications, and related services at phantomrack.ai (collectively, the "Service"), operated by Michael as a sole proprietorship based in California, United States ("PhantomRack," "we," "us," or "our"). By creating an account, uploading audio, or otherwise using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Eligibility
You must be at least 13 years old to use the Service, and old enough to form a binding contract in your jurisdiction. If you are under 18, you represent that you have your parent or legal guardian's permission to use the Service. We reserve the right to refuse or revoke access to anyone who violates these Terms or whose use we determine is harmful to the Service or its users.
2. Service Availability
The Service is provided on an ongoing basis. It may be updated, modified, or have features added or removed at any time. While we strive for reliability, the Service may experience downtime, bugs, or inconsistent results — particularly with AI-generated outputs, which are not guaranteed to match any specific reference track or sound. You use the Service at your own risk.
3. Your Account
You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Authentication is provided by Clerk; your login is subject to Clerk's terms in addition to these Terms. Notify us immediately at [email protected] if you suspect unauthorized use of your account.
4. Communications
By creating an account or providing your email address (whether through sign-up, the landing page, or any other form on the Service), you agree to receive product updates, announcements, tips, and other communications related to the Service from PhantomRack.
We distinguish between two types of email:
- Transactional emails — security notices, billing receipts, account activity, and Service-related alerts. These are required for using the Service and cannot be unsubscribed from while your account is active.
- Marketing emails — product updates, feature announcements, tips, and promotional content. You can unsubscribe at any time using the link in any such email or by emailing [email protected]. Unsubscribing from marketing does not affect transactional messages.
We use third-party providers to send emails on our behalf, as described in our Privacy Policy.
5. Your Content and License to Us
"Your Content" means the reference audio, dry vocals, feedback, and other material you submit to the Service. You retain all ownership rights in Your Content.
By uploading Your Content, you grant PhantomRack a non-exclusive, worldwide, royalty-free license to host, store, transmit, process, and display Your Content solely for the purpose of operating and improving the Service, including sending it to the third-party AI providers listed in our Privacy Policy for analysis.
You represent and warrant that you own Your Content or have all rights, licenses, and permissions necessary to upload it and grant the license above, and that Your Content does not infringe the intellectual property, privacy, publicity, or other rights of any third party. You are solely responsible for the legality of the audio you upload.
6. Generated Presets
PhantomRack generates Ableton .adg presets and related analysis output from Your Content ("Generated Output"). Subject to your compliance with these Terms, you may use Generated Output for any lawful purpose, including commercial music production. Generated Output is provided "as is" and we make no representations that it is original, optimal, or suitable for any particular purpose.
7. Acceptable Use
You agree that you will not:
- Upload audio you do not have the legal right to use, or that infringes anyone else's copyright, trademark, or other rights.
- Upload content that is unlawful, harmful, defamatory, obscene, or that violates any third-party rights.
- Attempt to reverse engineer, decompile, scrape, or circumvent technical protections of the Service, except to the extent permitted by applicable law.
- Interfere with or disrupt the Service, bypass rate limits, or attempt to access accounts or data that are not yours.
- Use the Service to build a competing product, train a machine-learning model, or otherwise systematically extract data from the Service.
- Use the Service to create content that is illegal, harassing, or intended to impersonate another person.
- Use the Service in violation of any applicable law.
We may investigate and take action against any suspected violation, including suspending or terminating your access.
8. Intellectual Property
The Service, including its software, design, branding, logos, copy, and other content we provide (excluding Your Content and Generated Output) is owned by PhantomRack and is protected by copyright, trademark, and other laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Service in accordance with these Terms. All rights not expressly granted are reserved.
9. Third-Party Services
The Service integrates with third-party providers, including Clerk (authentication), Supabase (database and storage), Google Gemini (AI analysis), Replicate (GPU processing), and Railway (hosting). Your use of the Service is also subject to those providers' terms of service and privacy policies. We are not responsible for the practices, availability, or content of third-party services.
10. Disclaimer of Warranties
The Service, including Generated Output, is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, PhantomRack disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, and uninterrupted operation. We do not warrant that the Service will meet your requirements, that Generated Output will match any reference track, or that the Service will be secure or error-free.
11. Limitation of Liability
To the fullest extent permitted by law, PhantomRack and its operator shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, data, or goodwill, arising out of or related to your use of the Service, whether based on contract, tort, strict liability, or any other legal theory, even if advised of the possibility of such damages. Our total cumulative liability for all claims arising out of or related to the Service will not exceed one hundred US dollars (US$100), which you agree is a reasonable limitation given that the Service is currently offered without charge.
12. Indemnification
You agree to indemnify, defend, and hold harmless PhantomRack and its operator from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) Your Content, (b) your violation of these Terms, or (c) your violation of any third-party right, including any intellectual property or privacy right.
13. Termination
You may stop using the Service and request account deletion at any time by emailing [email protected]. We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Sections that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and governing law) will survive.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of California, United States, without regard to its conflict of laws principles. Any dispute arising out of or relating to these Terms or the Service will be resolved exclusively in the state or federal courts located in California, and you consent to personal jurisdiction and venue in those courts. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect.
15. Changes to These Terms
We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. Material changes will be communicated via the Service or by email. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
16. Contact
Questions about these Terms? Reach us at [email protected].