1. Identity of the Service Provider
- Provider / Legal Entity: GhostWax
- Location / Jurisdiction: Italy
- Legal Contact: legal@ghostwax.app
- Support Contact: support@ghostwax.app
- Service: GhostWax — Web platform accessible at ghostwax.app
2. Subject of the Service
GhostWax is a Software-as-a-Service (SaaS) platform that generates original vintage-style audio assets ("Vinyl", in Single, EP, or LP formats) using generative artificial intelligence, accompanied by paired visual artwork and narrative lore organized around fictional record stores and imaginary store owners.
The Service does not supply pre-existing music samples, does not provide clearances for third-party works, and does not operate as a shared user sample library: each generation is synthesized in real time via third-party AI models (currently Google Lyria 3 via Gemini API) upon specific User request.
3. Definitions
- Dig: A consumption token granting one complete generation session (a "Vinyl": Single, EP, or LP, in a format generated based on the selected store).
- Crate: The User's personal collection of saved Vinyl records within their account.
- Output: The audio files (WAV/MP3), cover artwork, and text metadata (lore, title, tracklist) produced by a Dig.
- Consumer (B2C): A natural person using the Service for purposes outside their trade, business, craft, or profession.
- Business (B2B): A natural person or legal entity using the Service in the exercise of their professional, entrepreneurial, or artistic activity with a valid VAT/Tax ID.
- Plan: Subscription tiers (Free/Demo, Studio, Custom/Enterprise) as specified on the pricing section.
4. Account Qualification: Consumer or Business
Upon registration or initial checkout, the User must declare their legal classification (Consumer or Business) via the account interface. Business Users must provide: registered company name, valid VAT ID (verified via the EU VIES database for EU cross-border transactions), registered address, and electronic invoicing destination code (SDI) or certified email (PEC) for Italian tax compliance.
Declaring Business status constitutes a contractual warranty of truthfulness. GhostWax disclaims any liability for the tax consequences of inaccurate or false statements by the User.
Practical consequences of account qualification are detailed in Section 10 (Right of Withdrawal) and Section 14 (Tax Regime and Invoicing).
5. License on Generated Content
5.1 Legal Nature of the Output
The User acknowledges and agrees that under prevailing copyright law standards (including guidance issued by the U.S. Copyright Office and EU copyright directives), purely AI-generated outputs lacking sufficient human creative authorship do not automatically qualify for classical copyright protection. Neither GhostWax, nor the underlying model provider (Google), nor the User acquires automatic exclusive copyright ownership over raw outputs as such.
5.2 License Granted by GhostWax
Subject to full payment and compliance with these Terms, GhostWax grants the User a non-exclusive, worldwide, perpetual, irrevocable license for all legitimately generated and downloaded Outputs, allowing:
- Sampling, chopping, pitch-shifting, remixing, and transforming the audio into new musical productions.
- Use as backing tracks, instrumentals, or components in commercial musical releases (streaming, digital sales, physical vinyl, synchronization in film/video/podcasts).
- Distribution and monetization across streaming platforms, live DJ sets, curated playlists, and social media.
- Commercial exploitation in both personal and client/label projects without revenue caps or royalty obligations to GhostWax.
This license survives account termination or subscription cancellation for all Outputs downloaded during an active paid period.
5.3 Limitations
The license does not grant: (a) rights to use the "GhostWax" trademark, logo, fictional store identities, or imaginary proprietor lore to promote unrelated third-party commercial products; (b) exclusive ownership claims against stylistically similar outputs generated by other users through independent prompts.
5.4 No Guarantee of Absolute Uniqueness
GhostWax cannot warrant that generated outputs will be entirely free from accidental stylistic similarities to pre-existing third-party works, as this risk is inherent to statistical AI generation processes. The User assumes this residual risk when publishing or commercially distributing outputs.
6. Technical Watermark and Mandatory Disclosure
6.1 SynthID Watermark
Audio files generated via the Service contain an imperceptible digital watermark ("SynthID"), proprietary technology of the underlying model provider, identifying the content as AI-generated. This watermark is robust against MP3 compression, format conversion, and standard equalization, and can be verified using public detection tools. The presence of this watermark does not restrict commercial exploitation under the license granted in Section 5.
6.2 User Disclosure Obligations
The User is solely responsible for complying with AI content disclosure requirements imposed by destination platforms and distribution aggregators (e.g., Spotify, Apple Music, YouTube, TikTok, Instagram, Bandcamp, DistroKid, TuneCore). GhostWax assumes no liability for content takedowns, account suspensions, or royalty withholdings resulting from the User's failure to disclose AI generation to third parties.
7. Pricing, Tokens (Digs), and Subscriptions
- Free / Demo: Evaluation access for testing. Commercial use and audio downloads are not permitted on the Free tier.
- Studio Plan: Monthly or annual subscription granting monthly Dig allocations, commercial rights, high-resolution downloads, and optional Bring Your Own Key (BYOK) mode.
- Top-Up Packs: Fixed Dig bundles for additional crate-digging volume.
- Consumption: Tokens (Digs) are deducted upon initiating a generation. If a system error prevents audio generation, consumed tokens are automatically refunded.
8. Limitation of Liability
To the maximum extent permitted by applicable law, GhostWax shall not be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, or business interruption, arising out of or related to the use or inability to use the Service. In all cases, GhostWax's aggregate liability shall not exceed the total amount paid by the User to GhostWax in the twelve (12) months preceding the claim.
9. Service Availability & Maintenance
GhostWax endeavors to maintain high availability but does not warrant uninterrupted or error-free operation. Scheduled maintenance, emergency security patches, or third-party API disruptions (e.g., model provider outages) may temporarily affect service availability.
10. Right of Withdrawal (Consumers Only)
10.1 Consumer Statutory Rights
Under Article 52 of the Italian Consumer Code (D.Lgs. 206/2005) and EU Directive 2011/83/EU, Consumer Users have the right to withdraw from distance contracts within fourteen (14) days from purchase without penalty.
10.2 Immediate Digital Execution Waiver
Pursuant to Article 59, paragraph 1, letter (o) of the Italian Consumer Code, the right of withdrawal is excluded for digital content supplied on non-tangible media where performance has begun with the consumer's prior express consent and acknowledgment that they thereby lose their right of withdrawal.
By checking the dedicated box at checkout, the Consumer User expressly requests immediate execution of the digital generation service and acknowledges the forfeiture of the 14-day withdrawal right once generation has commenced.
10.3 Business Users
The statutory right of withdrawal does not apply to Business Users.
11. User Conduct and Prohibited Uses
The User agrees not to:
- Reverse engineer, decompile, or extract the underlying models, prompts, or audio synthesis pipelines.
- Circumvent token deduction, generation limits, or security filters.
- Generate defamatory, hateful, abusive, or unlawful audio or artwork.
- Use automated scripts, scrapers, or bots to interact with the platform without prior written authorization.
Violations will result in immediate account termination without refund.
12. Age Requirement
The Service is intended exclusively for individuals who are at least 18 years of age. By creating an account or purchasing Digs, the User represents and warrants that they satisfy this minimum age requirement. GhostWax reserves the right to suspend any account operated by an unauthorized minor.
13. Platform Intellectual Property
All platform software, user interface design, visual styling, branding, logos, fictional world lore, sound design elements, and database schemas remain the exclusive intellectual property of GhostWax and its licensors.
14. Tax Regime and Electronic Invoicing
All fees are stated in Euros (EUR). Invoicing and VAT treatment depend on the User's qualification:
- Italian Consumers: Subject to applicable VAT or statutory fiscal regime exemption as reflected on purchase receipts.
- Italian Businesses: Electronic invoice transmitted via the SDI system (requires 7-character SDI code or certified email PEC).
- EU Businesses (Cross-Border): Reverse charge under Article 196 of EU Directive 2006/112/EC, subject to valid VIES VAT verification.
- Non-EU Users: Out of scope of EU VAT under territoriality rules.
15. Assignment of Contract
GhostWax reserves the right to assign or transfer this contract, in whole or in part, to an affiliate, a corporate entity, or a successor in connection with a corporate reorganization, merger, acquisition, or sale of assets. Users will receive thirty (30) days prior notice via email.
16. Amendments to Terms
GhostWax may update these Terms to reflect regulatory changes, new features, or organizational updates. Material changes will be communicated via email or on-platform notice at least fifteen (15) days before becoming effective.
17. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Italy. For Business Users, the Court of Milan (Italy) shall have exclusive jurisdiction. For Consumer Users resident in the EU, mandatory consumer protection laws and forum rules of their country of residence remain unaffected.
18. Partner & Affiliate Program Terms
18.1 Independent Contractor Status
Users who enroll in the GhostWax Partner or Affiliate Program operate strictly as independent contractors. No employment relationship, agency, or partnership is created between the Partner and GhostWax. Partners are solely responsible for compliance with tax, accounting, and reporting obligations in their jurisdiction.
18.2 Attribution and Cookie Window
Referrals are tracked using a technical cookie with a duration of thirty (30) days on a "first-click-wins" attribution model. Self-referrals (purchases made via one's own affiliate link for one's own account) are strictly prohibited and result in immediate commission forfeiture.
18.3 30-Day Maturity Window and Refund Clawbacks
To protect financial liquidity and comply with statutory consumer cancellation periods, commissions remain in "Pending" status for thirty (30) calendar days following payment completion.
If a referenced purchase is refunded, reversed, or disputed via chargeback during or prior to this window, the associated commission is automatically cancelled (Reversed). If a refund occurs subsequent to commission payout, GhostWax reserves the right to offset the amount against future accrued commissions.
18.4 Payout Options and Tax Compliance
Partners with confirmed balances may select:
- In-App Digs Redemption: Instant conversion of confirmed balances into Digs platform credits. This represents a promotional incentive and does not constitute taxable cash compensation.
- Cash Withdrawal (SEPA Wire / PayPal): Subject to a minimum payout threshold of fifty Euros (€50.00). Cash disbursements are conditioned upon receipt of valid tax documentation (formal electronic invoice for VAT-registered entities or statutory withholding tax documentation for individual promoters). GhostWax complies with EU DAC7 reporting standards.
18.5 Prohibited Practices and Termination
Partners must not promote their referral links via unsolicited messaging (spam), paid search bidding on "GhostWax" trademarked terms (PPC brand bidding), or misleading promotional claims. Infringement results in immediate affiliate account termination and forfeiture of unpaid balances.