Terms of Service

Last Updated: March 31, 2026 • Version: 2.7.1

Table of Contents

  1. Introduction
  2. Account Registration & Eligibility
  3. Subscription Plans & Payments
  4. User-Generated Content & Ownership
  5. AI Music Generation Service
  6. User Rights & Responsibilities
    • 6.1 Acceptable Use Policy
    • 6.2 Content Guidelines
    • 6.3 Prohibited Activities
    • 6.4 Music Copyright & Commercial Use
    • 6.5 AI-Generated Content Legal Compliance & International Law
    • 6.6 AI-Generated Content Disclaimer and User Responsibility
  7. Privacy & Data Protection
    • 7.1 Data We Collect
    • 7.2 Data Retention Policy
  8. Intellectual Property Rights
  9. Service Availability & Modifications
  10. Limitation of Liability
  11. Indemnification
  12. Termination & Account Suspension
    • 12.1 Data Retention After Account Deactivation
  13. Dispute Resolution & Arbitration
  14. Governing Law
  15. Contact Information

6.4 Music Copyright & Commercial Use

Commercial Use Authorization

Users who generate music using McRock's AI music generation service retain the right to use, distribute, and monetize their generated music for commercial purposes, strictly subject to the status of their subscription.

The "Active License" Requirement:

  • Validity: The commercial license for any music generated on McRock is only valid while the user maintains an active Creator or Super Plan subscription.
  • Lapsed Subscriptions: If a subscription is canceled or expires, the user's right to use McRock-generated content in new commercial projects is immediately revoked.
  • Legacy Protection: Content published and distributed while a subscription was active remains cleared for that specific existing project only. However, the user cannot re-use that same audio in a new commercial production once the subscription has lapsed.

Copyright Ownership:

  • Users own the copyright to the creative input (prompts, lyrics, conceptual direction).
  • Users receive a limited commercial license to the AI-generated musical output, contingent upon an active subscription.
  • Users may register copyrights in their own name where legally permitted, acknowledging the AI nature of the work.

Revenue & Royalties:

  • Users retain 100% of revenue generated from external distribution.
  • McRock claims 0% royalties from external sales.

Creator Streaming Earnings (In-App Platform):

For music released within the McRock platform ecosystem:

  • Fixed Streaming Rate: $0.10 USD per stream.
  • Platform Fee: 0% (McRock takes no cut).
  • Sustainability & Funding Model: This "Artist-First" rate is 20x higher than industry averages. It is funded directly by the 1-1-1 Protocol Revenue Pool, where subscription fees from the total user base (Premium, Creator, Super plans) are redistributed to active creators. This closed-loop ecosystem ensures the $0.10 rate remains fixed and sustainable regardless of external market volatility.

Eligibility for Payouts:

  • Active Status: Requesting payment and receiving streaming royalties is only available to users with an active Creator or Super Plan.
  • Payout Minimum: $1.00 USD.
  • Method: Stripe (direct to bank/card).

6.5 AI-Generated Content Legal Compliance & International Law

6.5.3 Refund Policy

McRock strictly follows a NON-REFUNDABLE policy. Because McRock provides immediate access to proprietary AI generation protocols and digital assets, all subscription payments and crowdfunding contributions are final.

Exceptional Refund Cases ONLY: Refunds will only be considered in cases of complete service stoppage where McRock is unable to provide any service for more than 30 consecutive days.


6.6 AI-Generated Content Disclaimer and User Responsibility

While McRock employs advanced AI technology to generate unique musical compositions, there is always a possibility that AI-generated content may inadvertently resemble existing copyrighted works. Users acknowledge and agree that:

  • McRock makes no guarantee that AI-generated music is entirely free from similarities to existing works.
  • Users are responsible for conducting their own due diligence before commercial use.
  • Users agree to indemnify McRock against any third-party claims arising from their use of AI-generated content.

7. Privacy & Data Protection

McRock is committed to protecting your privacy and personal data. Our full data collection, storage, and usage practices are detailed in our Privacy Policy, which is incorporated by reference into these Terms of Service.

7.1 Data We Collect

By using McRock, you agree that we collect and store account information (name, email, profile photo), generated music and lyrics, streaming and activity data, subscription and payment records, and device/usage information for platform operation, security, and compliance purposes.

7.2 Data Retention Policy

McRock retains user data even after account deactivation. By creating an account, you acknowledge and agree to the following retention periods:

  • Account & profile data: Retained for a minimum of 5 years after account deactivation
  • Generated music & content: Retained for a minimum of 5 years after account deactivation
  • Activity & usage logs: Retained for a minimum of 5 years (fraud prevention & security)
  • Financial & payment records: Retained for a minimum of 7 years (U.S. IRS tax compliance & legal obligation)
  • Transaction & subscription history: Retained for a minimum of 7 years (financial audit requirements)
  • Released music: Retained indefinitely (per the commercial license granted in Section 6.4)

This retention practice is consistent with industry standards followed by major digital platforms (Spotify, Apple, Meta, Google) and is required under applicable U.S. and international law including the Internal Revenue Code, the California Consumer Privacy Act (CCPA), and the EU General Data Protection Regulation (GDPR) legal obligation basis.

For a complete breakdown of what data is retained, how it is used, and your rights regarding your data, please review our full Privacy Policy.


8. Intellectual Property Rights

All content, features, and functionality of the McRock platform (including but not limited to software, text, graphics, logos, icons, images, audio clips, video clips, and data compilations) are and will remain the exclusive property of Differson LLC and its licensors.

The McRock name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Differson LLC or its affiliates or licensors. You must not use such marks without the prior written permission of Differson LLC.


9. Service Availability & Modifications

McRock reserves the right to:

  • Modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice
  • Change subscription pricing with 30 days' advance notice
  • Update features, functionality, or user interface
  • Impose limits on certain features or restrict access to parts of the Service

We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service, except as specified in Section 6.5.3 (Refund Policy).


10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DIFFERSON LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use, or alteration of your transmissions or content
  • AI-generated music similarities to existing works or third-party copyright claims

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO MCROCK IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER.


11. Indemnification

You agree to defend, indemnify, and hold harmless Differson LLC, McRock, and their respective officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

  • Your violation of these Terms of Service
  • Your use of the Service, including but not limited to your User Content
  • Your commercial use or distribution of AI-generated music
  • Any third-party claims related to AI-generated music you created using the Service
  • Your violation of any law or the rights of a third party

12. Termination & Account Suspension

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination or account deactivation:

  • Your right to use the Service will immediately cease
  • Your login access and all subscription privileges will be revoked
  • Downloaded music files may remain on your device, but you may not generate new music
  • No refunds will be provided except as specified in Section 6.5.3

12.1 Data Retention After Account Deactivation

McRock does not permanently delete user data upon account deactivation. When you deactivate your account (whether voluntarily or by McRock), your account and all associated data — including profile information, generated music, activity history, and transaction records — are retained in our systems for a minimum of 5 years following deactivation. Financial and payment records are retained for a minimum of 7 years as required by U.S. tax law (IRS regulations), applicable financial compliance obligations, fraud prevention, and legal dispute resolution.

This data retention practice is standard across major digital platforms and is required to comply with applicable laws including but not limited to the Internal Revenue Code, the California Consumer Privacy Act (CCPA), and financial audit requirements. Your data will not be used for any active purpose during the retention period and will be treated as confidential.

You may request account deactivation at any time by using Settings → "Delete Account" or by contacting contact@differson.net. Submitting a deactivation request constitutes your acknowledgment of and agreement to these data retention terms.


13. Dispute Resolution & Arbitration

Governing Law:

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Informal Resolution:

Before filing a claim, you agree to contact us at jinashim@differson.net to attempt to resolve the dispute informally.

Binding Arbitration:

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, United States.

Class Action Waiver:

You agree that any arbitration or proceeding shall be limited to the dispute between you and McRock individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Exceptions:

Either party may seek injunctive or other equitable relief in court to protect intellectual property rights.


14. Miscellaneous

Entire Agreement:

These Terms constitute the entire agreement between you and McRock regarding the Service and supersede all prior agreements and understandings.

Severability:

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver:

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

Assignment:

You may not assign or transfer these Terms or your account without our prior written consent. McRock may assign these Terms without restriction.

Force Majeure:

McRock shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, riots, natural disasters, or third-party service failures (including music generation API or OpenAI outages).


15. Contact Information

Differson LLC

McRock Music Platform

Email Addresses:

Website: https://www.mcrock.net


By creating an account or using the McRock Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.