Privacy Policy & Terms of Use

1. Overview

ByEar ("we," "us," or "our") is an AI-powered music learning tool that allows users to upload audio files, separate them into individual instrument stems, and practice along with those stems. This policy explains how we collect, use, store, and delete your data.

2. Educational Use Only

ByEar is provided strictly as an educational and personal learning tool. You may use ByEar only for personal, non-commercial music education purposes. You may not:

• Use ByEar or any output (including separated stems, transcriptions, or lessons) for commercial purposes, including but not limited to selling, licensing, distributing, broadcasting, or publicly performing separated audio.
• Use ByEar to create derivative works intended for commercial distribution or monetization.
• Use ByEar in any manner that competes with the original rights holders of the uploaded content.

3. User Content & Authorization

By uploading audio content to ByEar, you represent and warrant that:

• You own or are authorized to use the content you upload. This means you either hold the copyright, have a valid license, or have other legal authorization to use the content for personal educational purposes.
• Your use of the uploaded content with ByEar complies with all applicable copyright laws and regulations in your jurisdiction.
• You will not upload content that infringes on the intellectual property rights of any third party.
• You accept full responsibility for the content you upload and any consequences arising from your use of that content.

ByEar does not verify, monitor, or assume responsibility for the copyright status of uploaded content. We act as a neutral processing tool and rely on users to ensure they have proper authorization.

4. Data We Collect

We collect the following types of data:

• Audio files you upload for processing (source files and generated stems).
• Account information if you choose to create an account (email address and authentication credentials).
• Usage data collected via Google Analytics, including pages visited, feature usage, browser type, and approximate geographic location. This data is anonymized and used solely to improve the service.
• Technical logs including IP addresses, request timestamps, and error logs, retained for operational and security purposes.

5. Data Retention & Deletion

All uploaded audio files and generated stems are automatically deleted from our servers within 7 days of upload. This includes:

• Original uploaded audio files
• AI-generated separated stems
• Any transcription or lesson data derived from the audio
• Associated metadata (file names, processing status)

We do not retain copies of your audio beyond the 7-day window. After deletion, the data cannot be recovered. If you need to access your content again, you will need to re-upload it.

Account information (email, credentials) is retained as long as your account exists. You may request account deletion at any time by contacting us.

6. How We Use Your Data

We use your data exclusively to:

• Process and separate your uploaded audio files
• Generate interactive lessons and transcriptions
• Provide and maintain the ByEar service
• Improve the quality and performance of our AI models and service
• Communicate service updates or respond to support requests

We do not sell, rent, share, or distribute your personal data or uploaded content to any third parties. We do not use your audio content to train AI models.

7. Third-Party Services

ByEar uses the following third-party services:

• Google Analytics — for anonymized usage analytics. See Google's Privacy Policy.
• Supabase — for authentication and database services. Data is stored securely in compliance with their security practices.
• Ko-fi — for optional donations. We do not process payments directly; Ko-fi handles all payment information.

8. Copyright & DMCA

ByEar respects the intellectual property rights of others. If you believe that content processed through ByEar infringes your copyright, please contact us with the following information:

• A description of the copyrighted work you claim has been infringed
• Identification of the material you believe is infringing
• Your contact information (name, address, email, phone number)
• A statement that you have a good faith belief that the use is not authorized by the copyright owner
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf

Upon receiving a valid DMCA notice, we will promptly remove or disable access to the allegedly infringing content.

9. Disclaimer of Warranties

ByEar is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that:

• The service will be uninterrupted, timely, secure, or error-free
• The results obtained from using the service (including AI separations and transcriptions) will be accurate or reliable
• The quality of the service will meet your expectations
• Any errors in the service will be corrected

10. Limitation of Liability

To the fullest extent permitted by applicable law, ByEar and its operators, contributors, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to:

• Loss of profits, data, or goodwill
• Service interruption or inability to use the service
• Unauthorized access to or alteration of your data
• Any claims arising from content you upload, including copyright infringement claims brought against you by third parties
• Any other matter relating to the service

You acknowledge that you use ByEar at your own risk and that you are solely responsible for ensuring your use of the service complies with all applicable laws.

11. Indemnification

You agree to indemnify, defend, and hold harmless ByEar and its operators from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use of the service
• Your violation of these terms, including uploading unauthorized content
• Your violation of any third-party rights, including intellectual property rights
• Any claim that content you uploaded caused damage to a third party

12. Children's Privacy

ByEar is not directed to children under 13 years of age. We do not knowingly collect personal information from children under 13. If you are a parent or guardian and believe your child has provided us with personal information, please contact us and we will delete it.

13. Data Security

We implement reasonable technical and organizational measures to protect your data. However, no method of transmission over the Internet or electronic storage is 100% secure. We cannot guarantee absolute security of your data.

14. Changes to This Policy

We may update this policy from time to time. Changes will be posted on this page with an updated "Last updated" date. Your continued use of ByEar after changes are posted constitutes acceptance of the updated policy.

15. Governing Law

These terms shall be governed by and construed in accordance with the laws of the jurisdiction in which ByEar operates, without regard to conflict of law provisions.

16. Contact

If you have questions about this privacy policy, wish to exercise your data rights, or need to submit a DMCA notice, please contact us via email or through the channels listed on our website.