Terms of Service

You must be at least 18 years old to use the Service. The Service is not offered to, and may not be used by, anyone under 18.

The Service is offered only to individuals who reside in the United States. It is not offered to, and may not be used by, anyone residing elsewhere.

By using the Service, you represent that you are at least 18 years old, that you reside in the United States, and that you are able to form a binding contract.

You are responsible for your account and for keeping your login credentials secure. Accounts are for a single individual. You may not share, sell, or transfer your account or your access, and you may not let others use your subscription. You are responsible for all activity under your account.

You may link the plugin to a reasonable number of devices you personally use. We may set and enforce a limit on the number of linked devices per account.

You may close your account at any time by emailing support@mockingbyrd.fm. We will delete your account and associated personal information as described in our Privacy Policy.

MockingByrd generates guitar-tone presets for our plugin from song references you provide, and delivers them to the plugin. The Service depends on third-party providers (including AI, hosting, and payment processors) and on your own hardware and software; we do not guarantee any particular tonal result, that a given song can be matched, or that the Service will be uninterrupted or error-free.

Changes to features. Features of the Service may change, break, or be withdrawn without notice. Section 9 describes how we may modify or discontinue the Service.

Where the Service is offered. The Service is offered only in the United States (Section 1). We do not offer, market, or make the Service available outside the United States, and we may decline or reverse any subscription that originates elsewhere. Subscribing from outside the United States is a breach of these Terms, and Section 10 applies. We may expand availability over time.

No affiliation with artists or manufacturers. MockingByrd is not affiliated with, endorsed by, sponsored by, or licensed by any recording artist, band, songwriter, record label, publisher, or maker of guitars, amplifiers, or effects. Song titles, artist names, and gear names are used only to describe the sound a preset is intended to approximate. All trademarks are the property of their respective owners.

Access to preset generation requires a paid subscription unless we grant you complimentary access. We currently offer a monthly plan and an annual plan; current pricing is shown at checkout.

Anyone may view a public profile and the titles of what a user has published there. Seeing the rest of a published tone — its details and its settings — and saving a copy of it into your own library also require an active subscription or complimentary access.

Auto-renewal. Subscriptions renew automatically at the end of each billing period (monthly or annual) at the then-current price, using your payment method on file, until you cancel. You authorize us and our payment processor to charge that method for each renewal. We will present these auto-renewal terms to you at checkout and ask you to accept them before we take payment.

Renewal reminders. For annual plans, we will email you a reminder before each automatic renewal, telling you the renewal date, the amount, and how to cancel. We will send that reminder at least 15 and no more than 45 days before the renewal date, or as otherwise required by the law that applies to you.

Cancellation.You may cancel at any time from your account’s billing settings. Cancelling is no harder than subscribing was, and does not require you to contact us. Cancellation stops future renewals; it does not retroactively refund the current period (see Section 5). After cancellation, your access continues until the end of the period you have already paid for, then stops.

Price changes. We may change subscription prices. Any change applies to your next renewal after we give you notice, and never to a period you have already paid for.

Payments are processed by Stripe. We do not store your full card details. Taxes may apply depending on your location.

Except where required by law, and except as described in Section 9 (Discontinuation of the Service), payments are non-refundable. When you cancel, you keep access through the end of your current billing period; we do not issue partial or pro-rated refunds for the unused portion of a period on an ordinary cancellation.

Nothing in these Terms removes a refund, withdrawal, or cancellation right that you cannot legally waive under the law that applies to you.

You agree not to:

• access the Service through automated means (scripts, bots, scrapers) or generate presets programmatically or in bulk;
• share, resell, or redistribute your access, or generate presets on behalf of others or for a service that competes with us;
• circumvent, disable, or attempt to exceed any usage limit, rate limit, or technical restriction;
• probe, reverse-engineer, or attempt to extract the underlying AI prompts, models, or preset data — this restriction does not apply to the MockingByrd plugin, which is separately licensed as open-source software (see Section 7); or
• use the Service in a way that imposes an unreasonable or disproportionate load on our systems or our AI provider.

Preset generation consumes real, metered AI resources at our cost. We reserve the right, at our reasonable discretion, to throttle, suspend, or cancel the subscription and access of any account we determine is abusing the generation capability — including excessive, automated, or commercial-scale consumption — with or without prior notice. Where we cancel for abuse and it is practicable and fair to do so, we may refund the unused portion of a prepaid period, but we are not obligated to where the abuse was deliberate.

The plugin is open-source software and this Section does not restrict it. The MockingByrd plugin is distributed under the GNU General Public License, version 3 (“GPL-3”) and the GNU Affero General Public License, version 3 (“AGPL-3”), because it incorporates components licensed under those terms. Your rights to run, study, modify, and redistribute the plugin are governed solely by those licenses. Nothing in these Terms adds any condition to, limits, or revokes those rights, and the license grant, restrictions, and revocability described in the rest of this Section do not apply to the plugin.

Complete corresponding source code for the plugin and its GPL-3 and AGPL-3 components is available on written request to support@mockingbyrd.fm. This is a written offer under section 6 of the GPL-3, valid for three years from the date you received the software, and good to any third party who holds a copy of it. The same offer is included with the software itself. The rest of the Service, including preset generation and your account, is governed by these Terms.

We own the Service and the presets we generate.The Service, the AI system and prompts, and the amp profiles are our property or that of our licensors, and so is every set of settings the Service generates for you from a song reference, together with its underlying data (each a “Preset”). All of it is protected to the extent permitted by intellectual-property law. Your subscription grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use Presets solely through the MockingByrd application while your subscription is active. It does not transfer ownership. You may not extract, copy, export, redistribute, resell, or reverse-engineer a Preset or its data, or use a Preset outside our application — except that publishing a Preset on your profile, and saving one another user has published, are things the Service is built to let you do, and Section 8 governs them. These restrictions apply as a matter of contract regardless of whether any particular Preset is protected by copyright.

A tone you dial in yourself is yours.A set of settings you build in the plugin and save to your library — a “Custom Tone” — is your content, not ours. We claim no ownership of it, and none of the restrictions in the paragraph above apply to it. Custom Tones are governed by Section 8, where content you provide belongs: you keep it, and you grant us only the license we need to store it, deliver it to your devices, and, if you choose to publish it, display it. If you edit a Preset we generated and save your version, that saved version is a Custom Tone and it is yours. The Preset we generated remains ours; from the moment you save, they are two separate things.

You own your music. To be unambiguous: any audio, performance, recording, or song you create by playing through the plugin is entirely yours. We claim no ownership of, and no license to, your recordings or musical output. You may use, perform, record, release, stream, license, and commercially exploit that output freely, with no royalty, fee, or attribution owed to us. Our rights extend only to the Preset itself as software and data — never to the music you make with it.

When you enter a song name, artist, note, or review, you grant us a non-exclusive, worldwide, royalty-free license — sublicensable only to the service providers who help us operate the Service — to use that input to operate and improve the Service (including sending it to our AI provider to generate a preset or research a tone). You are responsible for the inputs you provide and represent that you have the right to submit them.

Custom Tones. A Custom Tone you save (Section 7) is content you provide. You own it. You grant us the same license as above — non-exclusive, worldwide, royalty-free, sublicensable only to the providers who help us operate the Service — to store it, keep it in your library, and deliver it to the devices you have linked, and, if you publish it, to display and distribute it as described below.

Publishing is optional, and nothing is published by default. Your library is private. You may choose to claim a handle, turn on a public profile, and publish individual tones and albums to it; until you do, no other user sees any of it. Publishing an album publishes the tones in that album.

The license you grant by publishing. When you publish a tone or an album, you grant us a worldwide, non-exclusive, royalty-free license to host, display, and distribute it within the Service — showing its title to anyone who visits your profile, showing its full details to subscribers, listing it in our on-site search, and letting other users save a copy of it into their own libraries. That license exists so the feature can work. It does not let us sell what you published, or license it to anyone outside the Service.

Unpublishing works forward, not backward. You may unpublish any tone or album at any time, or switch your profile off entirely, which hides the profile and everything on it. Doing so ends the license going forward: we stop displaying the item and nobody can save a new copy of it. Copies already saved stay with the users who saved them. A saved copy becomes part of that person’s own library, and unpublishing, switching your profile off, or deleting your account does not reach into it. If you are not willing to accept that, do not publish the tone.

What you may not publish. You must not impersonate anyone — in your handle, your display name, your bio, or the title of anything you publish — or suggest an affiliation, endorsement, or identity that is not yours, including that of a band, a company, or us. Some handles are reserved and cannot be claimed. You must not publish anything you do not have the right to publish, or anything unlawful, hateful, or harassing. You are responsible for what you publish, and you represent that you have the right to publish it.

What we may do about it. We may unpublish or remove anything published on the Service, release or reassign a handle, and hide or take down a profile, at our reasonable discretion, with or without notice. We do not review published content before it appears, and nothing here obliges us to monitor it. Repeated or deliberate breaches of this Section are grounds for the suspension, cancellation, or termination described in Sections 6 and 10. Copyright complaints are handled under Section 14; anything else can be reported to support@mockingbyrd.fm.

Artist Program content.If your account holds an Artist Seat, you may also record audio and video, and submit backing tracks, through the Artist Content Program. You represent that you own or have the right to submit anything you upload, including any backing track you select or provide, and that doing so does not infringe a third party’s rights. This content is used for our internal editorial purposes and is not published from the Artist Content Program hub itself. See our Privacy Policy for what we collect, how it is stored, and how long we keep it.

This license lasts as long as we need it to operate the Service and ends when you delete the input or your account — except for copies retained in routine backups, copies of published content that other users saved while it was published, and anything we must keep to comply with law.

Reviews are private. Ratings and comments you leave on a preset are visible only to you and to us. We do not publish them, display them to other users, or attribute them to you publicly. Publishing a tone does not publish what you have written about it: no rating and no comment appears on a public profile, ever.

We may modify, suspend, or discontinue any part of the Service at any time. If we permanently discontinue the Service as a whole (for example, if the project is wound down), the following applies:

• We will provide continued service and support through the end of your current billing period.
• For monthly subscribers, service continues through the end of the month you are then paying for, after which all subscriptions, access, and Presets are discontinued and no further amounts are charged.
• For annual subscribers who have prepaid, we will refund the pro-rated portion corresponding to the unused whole months remaining in your prepaid year, after which all subscriptions, access, and Presets are likewise discontinued.

After discontinuation, the Service and all access to Presets through it are nullified. Because Presets are usable only through our application (Section 7), they will no longer function once the Service ends. Your own recordings and music remain yours and are unaffected. Because the plugin is open-source software (Section 7), your rights in the plugin itself are unaffected by discontinuation of the Service, although features that depend on the Service will stop working.

We may suspend or terminate your access for breach of these Terms (including Section 6), for non-payment, or as otherwise permitted here. On termination for cause, Sections 5 and 9 govern any refund; outside those, no refund is owed.

The Service is provided “as is” and “as available,” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that any generated tone will match your expectations or a reference recording, or that the Service will be uninterrupted, secure, or error-free.

To the fullest extent permitted by law, JNPR Labs, LLC will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, data, or goodwill. Our total liability arising out of or relating to the Service will not exceed the greater of the amount you paid us in the twelve months before the claim, or USD $100.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under the law that applies to you — including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for gross negligence or willful misconduct.

You agree to indemnify and hold harmless JNPR Labs, LLC from claims, losses, and expenses arising out of your misuse of the Service, your inputs, or your breach of these Terms.

We respect intellectual-property rights. If you believe material on the Service infringes your copyright, send a notice to our designated agent:

Designated Copyright Agent — JNPR Labs, LLC
PO Box 3457, Telluride, CO 81435
copyright@mockingbyrd.fm
(218) 260-4237

JNPR Labs, LLC has designated an agent with the United States Copyright Office to receive notifications of claimed infringement under 17 U.S.C. § 512(c)(2). The designation is on file in the Copyright Office’s public directory at dmca.copyright.gov.

Please include: your physical or electronic signature; identification of the copyrighted work you claim is infringed; identification of the material you believe infringes it, and where on the Service it appears, in enough detail for us to locate it; your name, address, telephone number, and email address; a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the work or authorized to act on the owner’s behalf.

We review every complaint we receive. Where a complaint is well-founded, we will remove or disable the material, and we will terminate, in appropriate circumstances, the accounts of users who repeatedly infringe.

If we removed material of yours and you believe that was a mistake or a misidentification, you may send a counter-notification to the same agent. Include your signature; identification of the material and where it appeared before removal; a statement, made under penalty of perjury, that you have a good-faith belief the material was removed as a result of mistake or misidentification; your name, address, and telephone number; and a statement that you consent to the jurisdiction of the federal district court for the district where you live (or, if you are outside the United States, the District of Delaware) and will accept service of process from the complaining party.

Two parts of the Service store material at the direction of users, and both are why we register and maintain this designation. Our Artist Content Program stores recordings, video, and backing tracks that participating artists select. And a user who turns on a public profile publishes their own material to it — a handle, a display name, a bio, and the titles and descriptions of the tones and albums they choose to make public. Beyond those, what a typical account submits is a song title, an artist, and an optional note, all as text; ratings and comments are never published; and presets are parameter values we generate rather than files you upload.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. Except where prohibited by law, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration, and you and we waive the right to a jury trial and to participate in a class action. This section does not prevent either party from seeking injunctive relief for intellectual-property infringement in court. Nothing here removes any right a consumer cannot legally waive.

How arbitration works.Arbitration is administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by this Section. The arbitration is conducted by a single arbitrator. It may be held by telephone or video, on written submissions, or in person in the county where you live or another mutually agreed location — you will not have to travel to Delaware. The arbitrator’s decision is final and may be entered as a judgment in any court with jurisdiction.

Fees.We will pay the arbitration filing, administration, and arbitrator fees that exceed what you would have paid to file the same claim in court, except where the arbitrator finds your claim frivolous. Each side otherwise bears its own attorneys’ fees unless the law or the arbitrator’s award provides otherwise.

Small claims. Either of us may instead bring an individual claim in small-claims court if it qualifies.

Informal resolution first. Before starting arbitration, please email support@mockingbyrd.fm describing the dispute and the relief you want, and give us 30 days to try to resolve it. We will do the same before bringing a claim against you.

Your right to opt out of arbitration. You may opt out of this arbitration agreement by emailing support@mockingbyrd.fm within 30 days of first accepting these Terms, with your name, the email on your account, and a clear statement that you are opting out of arbitration. Opting out does not affect anything else in these Terms, and we will not hold it against you.

Coordinated filings. If 25 or more claims of a substantially similar nature are filed against us by or with the help of the same lawyer or coordinated group, the claims will be resolved in batches of no more than 50, each batch before a single arbitrator, with the results of early batches informing the resolution of the rest. This paragraph does not create a class action or waive the individual nature of each claim.

If any of this is unenforceable. If the class-action waiver is found unenforceable as to a particular claim, that claim will proceed in court and the rest of this Section still applies to every other claim.

We may update these Terms. If we make a material change, we will provide notice (for example, by email or in-app). Continued use after the change takes effect means you accept the updated Terms.

Entire agreement. These Terms, together with any policy we link from them, are the whole agreement between you and us about the Service, and replace any earlier understanding on the subject.

Severability. If any provision is held unenforceable, it will be limited or removed to the minimum extent necessary, and the rest of these Terms stay in force.

No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these Terms without our written consent. We may assign them to an affiliate, or in connection with a merger, acquisition, financing, or sale of assets, on notice to you.

Force majeure. Neither party is liable for a delay or failure to perform caused by events beyond its reasonable control, including outages at a hosting, AI, or payment provider, network failures, natural disasters, or acts of government.

Notices. We may give you notice by email to the address on your account, or in-app. Keep your email address current. You may give us notice at support@mockingbyrd.fm.

Survival. Sections 5, 7, 8, and 10 through 17 survive termination of your account or of these Terms.

Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us. There are no third-party beneficiaries.

Questions about these Terms: support@mockingbyrd.fm

JNPR Labs, LLC, PO Box 3457, Telluride, CO 81435.