Terms and Conditions (EULA) for Sessions

1. Introduction and Agreement

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you" or "your"), whether acting personally or on behalf of an entity, and KMY CREATIVE LTD ("we", "us", or "our"), a company registered in the United Kingdom.

These Terms govern your access to and use of the SESSIONS mobile application ("App"), available on iOS and Android.

By accessing or using the App, you agree that you have read, understood, and accept all of these Terms. If you do not agree with these Terms, you must not use the App and must discontinue use immediately.

Your use of the App is also subject to our Privacy Policy, including product analytics, session recordings, and advertising measurement described there.

Supplemental Terms for Apple and Google Users

These Terms are solely between you and us. They are not between you and Apple Inc. or Google LLC. We, not Apple or Google, are solely responsible for the App and its content.

Your use of the App is also subject to:

• The Apple App Store Terms of Service, if using iOS.
• The Google Play Terms of Service, if using Android.

We comply with both platforms' policies regarding data, advertising, and AI.

2. Beta Access and Free Trials

2.1 Beta Status

The App may be offered in a beta or early access phase. During this time, certain premium features may be available at no cost ("Beta Access").

2.2 No Guarantee of Perpetuity

We reserve the right to modify, remove, or transition features to paid at any time. Free access is temporary.

2.3 Beta Risks

The App may contain bugs. We provide it "as is" with no performance guarantees.

3. User Accounts

3.1 Registration

You may create an account via Google Sign-In or another supported method. You must keep your account secure and are responsible for all activity under your account.

3.2 Eligibility

You must be at least 13 years old, or meet the digital age of consent in your jurisdiction.

3.3 Termination and Deletion

We may suspend or terminate accounts for violations of these Terms. You may delete your account in the app settings, for example via Settings > Account.

Upon deletion:

• Your personal data will be removed (see Privacy Policy).
• Project files and recordings will be scheduled for secure deletion.
• Backups may persist for up to 90 days.

Important note on data export: We do not currently offer a full structured data export feature. You may manually copy and paste your lyrics or take screenshots of your projects. A future update will add export functionality.

We are committed to protecting your data. While complete deletion of account, project, backup, and crash/system log data may take up to 90 days due to backup and system processes, within 24 to 72 hours your identity, including email and username, will be permanently erased and all direct links to your data will be severed. Product analytics and session recordings (PostHog) are handled as described in the Privacy Policy, and are retained for up to 1 year and deleted or disassociated on account deletion request.

4. User Generated Content (UGC)

4.1 Your Ownership

You retain all rights to content you create in the App, including lyrics, melodies, recordings, and projects. Imported files, such as MP3s, remain subject to their original rights.

4.2 Licence Grant to Us

You grant us a non-exclusive, worldwide, royalty-free licence to:

• Host, store, sync, and back up your content.
• Reproduce it for technical operations.
• Debug and improve stability.
• Process content and on-screen UI as needed for product analytics and session recording (debugging and UX improvement), as described in the Privacy Policy.

This licence does not permit us to:

• Sell, redistribute, or publicly perform your content.
• Use any of your data, including text, audio, or logs, to train AI models now or in the future.
• Share your content with advertising platforms or use it in any advertising.

4.3 Imported Content

You warrant that you have the necessary rights to any audio, samples, or images you import. We do not use imported content for automated processing or AI.

4.4 Use of Content in Marketing

We will not use your creative content in our advertising or marketing without your separate, explicit written permission. If we ever ask, you are free to decline, and declining will not affect your use of the App.

5. Acceptable Use Policy

Do not generate, upload, or share:

• Illegal, hateful, violent, or defamatory content.
• Pornographic material.
• Harassment or threats.

5.2 Enforcement

We may monitor, suspend, or delete accounts that violate these rules.

5.3 Right to Appeal

If your account is suspended, email dan@keepmeyoung.uk. We respond within 7 days.

6. AI Features

6.1 Not Unique

AI-generated suggestions, including Ghost Writer outputs, may resemble suggestions given to others.

6.2 No Reliance

AI is for creative assistance only. Do not rely on it for facts, advice, or legal clearance.

6.3 Ownership of AI Output

We use the OpenAI API. Under their terms, we hold rights to output and assign them to you for the responses generated for you. You may use the output commercially, but you are responsible for ensuring it does not infringe third-party rights.

7. Subscriptions

7.1 Store-Managed

Billing is handled through Apple or Google. We do not store payment data.

7.2 Auto-Renewal

Subscriptions renew unless cancelled at least 24 hours before the current billing cycle ends.

7.3 Refunds

Refunds are handled by:

• Apple: reportaproblem.apple.com
• Google: Google Play Refund Portal

8. Intellectual Property

All App code, design, trademarks, and non-user content are owned by us. You may not reverse engineer, copy, or redistribute the App.

9. Advertising

9.1 We Advertise the App

We advertise SESSIONS on third-party platforms including Meta (Facebook and Instagram). The App shares limited installation and usage events with those platforms so that we can measure whether our advertising works, as described in sections 2.C and 3 of the Privacy Policy.

9.2 No Third-Party Advertising Inside the App

We do not display third-party advertising inside SESSIONS.

9.3 No Cross-App Tracking

We do not collect your device advertising identifier and do not track you across other companies' apps or websites.

9.4 Advertising Claims

Advertisements describe the App's features as they exist at the time of publication. Features described in advertising remain subject to section 2.2 — we may modify, remove, or transition features to paid access. No advertisement constitutes a guarantee of continued feature availability, or of any particular creative, commercial, or career outcome.

10. Disclaimers

10.1 As Is

The App is provided "as is". We make no warranties of fitness, accuracy, or reliability.

10.2 Data Loss

We are not liable for data loss. Back up your work manually.

10.3 Battery and Performance

Use of the App may impact battery life. We are not liable.

10.4 No Guarantee of Outcomes

The App is a tool to help you organise and progress your creative work. We do not guarantee any outcome — creative, commercial, or otherwise — arising from your use of it.

10.5 Limitation of Liability

To the fullest extent permitted by law, in no event shall we be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, arising from your use of the App.

Our total liability to you for all claims under these Terms shall not exceed one pound sterling (£1).

11. Third Parties and Open Source

We are not responsible for third-party sites.

The App uses third-party product analytics and session replay (PostHog) as described in the Privacy Policy.

The App shares limited installation and usage events with Meta Platforms for advertising measurement, as described in the Privacy Policy. Your creative content is never shared.

Open source licences can be found in Settings > About > Open Source Licences.

12. Termination

We may terminate at any time. You may delete your account at any time.

13. Governing Law

These Terms are governed by the laws of England and Wales. Disputes are subject to the exclusive jurisdiction of the English courts.

14. Contact

Email: dan@keepmeyoung.uk

Address: Flat 6 The Lawn, Ealing Green, London, England, W5 5ER, United Kingdom

DPO: dan@keepmeyoung.uk