These Terms of Service (“Terms”) are a binding agreement between you and IAH.FIT Inc., a Delaware corporation with its principal place of business at 21750 Hardy Oak Blvd, Ste 104, San Antonio, TX 78258-4946 (“HitZERØ,” “we,” “us,” “our”). They govern your use of hitzero.com, hitzero.ai, and any related software, applications, APIs, and services (the “Platform”). By creating an account, accessing the Platform, or making any creation, you accept these Terms. If you do not accept them, do not use the Platform.
1. Who can use HitZERØ
You must be at least thirteen (13) years old to use the Platform. If you are under eighteen (18), you may use the Platform only with the consent and supervision of a parent or legal guardian, who agrees to be bound by these Terms on your behalf. The Platform is not directed to children under 13, and we do not knowingly collect information from anyone under 13. If we learn that we have, we will delete it.
2. Your account
You are responsible for the confidentiality of your account credentials and for all activity that occurs under your account. Provide accurate registration information and keep it current. Notify us at legal@hitzero.com immediately if you suspect unauthorized use.
3. The service: Sonic Intelligence and Original Creations
HitZERØ provides AI-assisted creation tools — including the IAH Resonance Engine™, Sonic Intelligence™, and Sonic Infusion™ — that help you make original music, lyrics, and audio works (“Creations”). The Platform is engineered to produce one-of-one original outputs.
You acknowledge that AI systems are probabilistic and that, despite our originality safeguards and content controls, outputs may on rare occasions resemble pre-existing works without our intent or knowledge. We do not warrant that any Creation is unique, non-infringing, or fit for any particular commercial use. You are responsible for reviewing your Creations before publishing, distributing, or commercializing them.
4. Ownership and license to your Creations
Subject to your continued compliance with these Terms, you own the Creations you make on the Platform. We grant you a worldwide, perpetual, royalty-free, non-exclusive commercial license to use, reproduce, perform, sync, broadcast, and distribute your Creations for personal and commercial purposes, and to grant non-exclusive sublicenses to third parties on the same terms — all subject to the restrictions in Section 5 and to the HitZERØ Commercial Use and Rights Certificate issued for each rendered Track. In the event of any conflict between a Certificate and these Terms, these Terms control.
You may not grant exclusive rights, exclusive sublicenses, or rights of first refusal in any Creation to any third party. We retain the right to license the same or similar audio assets to other parties, including through paid downloads.
Paid downloads. You may purchase paid downloads of your Creations. Each paid download is delivered with a non-exclusive commercial license per the Certificate.
You grant HitZERØ a non-exclusive, worldwide, royalty-free license to host, store, process, transmit, and display your Creations and account inputs (such as prompts and lyrics) as needed to operate the Platform and provide the service to you. With your permission, we may showcase representative Creations in our marketing.
We do not train AI models on your Creations, lyrics, prompts, voice, or account activity. We train our systems only on properly licensed or proprietary data and resources we control.
5. Use restrictions on your Creations
You may use your Creations for personal, professional, and commercial purposes — including release and monetization on third-party consumer streaming and distribution services such as Spotify, Apple Music, YouTube Music, Amazon Music, TIDAL, SoundCloud, and similar platforms — except that you may not:
(a) Build a competing service.You may not use, license, sell, contribute, or otherwise make available your Creations or any Platform output to operate, build, train, power, market, or differentiate any product, service, dataset, or platform that competes with HitZERØ. This includes any AI music creation, generative audio, sonic intelligence, music recommendation, or AI-driven music streaming, distribution, sync, or licensing service. For clarity: releasing your Creations on existing consumer streaming services is permitted; using them to seed, populate, train, benchmark, or commercially differentiate a competing creation or streaming product is not.
(b) Bulk-distribute as a Platform substitute. You may not aggregate, bundle, or repackage Creations in a manner designed to function as a substitute for the Platform or its catalog.
We may update what counts as a competing service as the market evolves and will provide reasonable notice of material changes.
Severability. If any portion of this Section 5 is held unenforceable in any jurisdiction, the remainder remains in effect, and the unenforceable portion will be reformed to the narrowest scope necessary to make it enforceable. The use restrictions are intended as license-scope conditions, not post-employment or post-relationship non-competes.
You are responsible for performing-rights enrollment. If you register, enroll, or distribute Creations through a PRO, publisher, distributor, or rights-management service, you do so as the user-author. You are responsible for accurate metadata, splits, and any claims arising from registration.
6. Acceptable use
The Platform is a creative space governed by a PG-13 content standard. You agree not to create, upload, request, or distribute content that:
- Contains profanity, slurs, hate speech, harassment, or bullying
- Depicts or promotes illegal drug use, alcohol abuse, or violence
- Is sexually explicit, or sexualizes or endangers minors in any way
- Infringes any third party’s copyright, trademark, right of publicity, or privacy
- Impersonates another person, artist, brand, or public figure
- Is defamatory, fraudulent, or knowingly false
- Promotes self-harm, terrorism, or any unlawful activity
You also agree not to:
- Reverse engineer, decompile, disassemble, scrape, or attempt to extract or reconstruct the source code, model weights, prompts, training data, or proprietary methods of the Platform
- Use Platform outputs to train, fine-tune, evaluate, benchmark, or develop any artificial intelligence model or service
- Use bots, crawlers, automation, or shared accounts to access the Platform or to consume resources beyond what your subscription permits
- Resell, sublicense, white-label, or repackage Platform access
- Circumvent rate limits, content filters, watermarking, or security controls
- Use the Platform in violation of any applicable law, sanctions regime, or export control
7. Content moderation
We operate automated and human content moderation. We may, at our sole discretion and without prior notice, review, remove, refuse, restrict, label, or suspend any content or account that we believe violates these Terms or applicable law. We may preserve content as required by law or to enforce these Terms. We are not obligated to host or retain any content, and we may terminate repeat offenders.
8. Subscriptions, Fuel, and billing
Some Platform features require a paid subscription or the purchase of Fuel ($0.01 USD per Fuel unit, sold in packs).
Auto-renewal.Subscriptions automatically renew at the end of each billing period at the then-current price until you cancel. By subscribing, you affirmatively consent to recurring charges and authorize us and our payment processor (Stripe) to charge your payment method on a recurring basis. The renewal terms — frequency, amount, and how to cancel — are presented to you at checkout in clear and conspicuous form before purchase, in compliance with the California Automatic Renewal Law, the federal ROSCA, the FTC’s “Click-to-Cancel” rule, and equivalent state laws.
Cancellation. You may cancel at any time from your account settings using the same online mechanism you used to subscribe, or by emailing legal@hitzero.com. Cancellation takes effect at the end of the current billing period and you retain access until then.
Pricing changes.We will give you at least thirty (30) days’ notice before any price increase takes effect. Continued use after the effective date constitutes acceptance.
Refunds.
- Subscription fees are non-refundable except where required by law (including, where applicable, the California Automatic Renewal Law and EU consumer withdrawal rights for unused services).
- Fuel pack purchases are final and non-refundable in all cases. Fuel is a digital consumable; by purchasing, you expressly consent to immediate access and waive any right of withdrawal to the maximum extent permitted by law.
- Unused Fuel does not expire while your account remains active and in good standing, but is forfeited on account termination, suspension for cause, or extended inactivity.
Taxes. You are responsible for applicable sales, use, VAT, GST, and similar taxes.
Failed payment. If a charge fails, we may suspend access until payment is resolved.
9. Our intellectual property
HitZERØ® and Sonic Supplements® are registered trademarks of IAH.FIT Inc. Sonic Intelligence™, IAH Resonance Engine™, and Sonic Infusion™ are trademarks of IAH.FIT Inc. The HitZERØ name, logos, gold gradient identity, software, models, design system, and all related copy and proprietary technology are owned by IAH.FIT Inc. and protected by copyright, trademark, trade secret, and other laws. Nothing in these Terms grants you any rights in our marks or technology except the limited license to use the Platform.
10. Copyright complaints (DMCA)
We respect intellectual property rights. If you believe content on the Platform infringes a copyright you own or control, send a notice that complies with 17 U.S.C. § 512(c)(3) to our designated agent:
DMCA Designated Agent
IAH.FIT Inc.
21750 Hardy Oak Blvd, Ste 104
San Antonio, TX 78258-4946
Email: legal@hitzero.com
Your notice must include: (a) your physical or electronic signature; (b) identification of the copyrighted work; (c) the URL or location of the allegedly infringing material; (d) your contact information; (e) a good-faith statement that the use is unauthorized; and (f) a statement under penalty of perjury that your notice is accurate and you are authorized to act. We will respond promptly, may remove or disable access to the content, and will terminate accounts of repeat infringers. Counter-notices may be sent to the same address.
11. Third-party services
The Platform integrates third-party services for payments, analytics, communications, infrastructure, and distribution. Your use of those services is subject to their terms. We are not responsible for third-party services and disclaim liability for their acts or omissions.
12. Disclaimers
THE PLATFORM AND ALL CREATIONS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, HITZERØ DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ORIGINALITY, ACCURACY, AND UNINTERRUPTED OR ERROR-FREE OPERATION. WE DO NOT WARRANT THAT ANY CREATION IS UNIQUE, FREE OF THIRD-PARTY CLAIMS, OR ELIGIBLE FOR COPYRIGHT REGISTRATION. AS U.S. LAW CURRENTLY STANDS, AI-GENERATED CONTENT WITHOUT SUFFICIENT HUMAN AUTHORSHIP MAY NOT BE REGISTRABLE WITH THE U.S. COPYRIGHT OFFICE.
Health and wellness.Content on the Platform supports creativity, focus, and creative wellness — it is not medical advice, diagnosis, or treatment. Consult a qualified professional for medical, mental-health, or therapeutic decisions.
13. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, HITZERØ AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM, FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID HITZERØ IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THIS LIMIT IS AGGREGATE, NOT PER-CLAIM.
Some jurisdictions do not allow certain warranty exclusions or liability limitations; in those jurisdictions, our liability is limited to the smallest extent permitted.
14. Indemnification
You will indemnify, defend, and hold harmless IAH.FIT Inc. and its officers, directors, employees, agents, and affiliates from and against any third-party claim, demand, loss, liability, damage, or expense (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Platform; (b) your Creations or content; (c) your violation of these Terms; or (d) your violation of any law or third-party right. We will give you prompt notice and may participate in the defense at our expense. You will not settle any matter affecting us without our written consent.
15. Termination
You may close your account at any time from your account settings. We may suspend or terminate your access at any time, with or without notice, for breach of these Terms, suspected fraud, security risk, prolonged inactivity, or as required by law. On termination, your right to use the Platform ends immediately, unused Fuel is forfeited, and we may delete your account data after a reasonable retention period. Sections that by their nature should survive — Ownership and Use Restrictions, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, and this survival clause — survive termination.
16. Dispute resolution; binding arbitration; class action waiver
Please read this section carefully — it affects your legal rights.
(a) Informal resolution. Before filing a claim, you agree to attempt to resolve the dispute informally by emailing legal@hitzero.com with a description of the dispute. If we cannot resolve it within sixty (60) days, either party may proceed to arbitration.
(b) Binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform that is not resolved informally will be settled by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, in San Antonio, Texas (or another location the parties mutually agree). Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this section.
(c) Class action waiver.YOU AND HITZERØ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS OR PRESIDE OVER ANY CLASS PROCEEDING. If this waiver is found unenforceable, then this Section 16 is null and void as to the affected claim, which will proceed in court under Section 17.
(d) Mass-filing protocol.If twenty-five (25) or more substantially similar arbitration demands are filed against HitZERØ within a sixty (60) day window by claimants represented by the same or coordinated counsel, the parties will administer the demands in batches of up to fifty (50) (selected as bellwethers by counsel for each side), with subsequent batches paused pending resolution of the first batch. The parties will negotiate in good faith to streamline filing fees and discovery in the bellwether process.
(e) Time limit on claims.Any claim arising out of or relating to these Terms or the Platform must be filed within one (1) year after the claim accrues, or it is permanently barred — except where a longer period is required by law that cannot be shortened by contract.
(f) Exceptions. Either party may bring an individual action in small-claims court, or seek injunctive relief in court for intellectual property infringement, breach of confidentiality, or unauthorized access to the Platform.
(g) 30-day opt-out. You may opt out of this arbitration agreement by sending written notice to legal@hitzero.com within thirty (30) days of first accepting these Terms. Opting out does not affect any other provision.
17. Governing law and venue
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. The U.N. Convention on Contracts for the International Sale of Goods does not apply. For any matter not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Bexar County, Texas.
18. Changes to these Terms
We may update these Terms from time to time. For material changes, we will give at least thirty (30) days’ notice on the Platform or by email before they take effect. Continued use after the effective date constitutes acceptance. Ownership and license rights to Creations made before the change will not be retroactively reduced.
19. Force majeure
Neither party is liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, internet or telecommunications failures, third-party service outages, AI-model provider outages, governmental action, or pandemic. Affected obligations are suspended for the duration of the event.
20. Feedback
If you submit ideas, suggestions, feedback, or recommendations about the Platform (“Feedback”), you grant HitZERØ a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use the Feedback for any purpose without obligation or compensation to you. Feedback is provided voluntarily and is not confidential.
21. Beta features
We may label certain features “beta,” “preview,” “experimental,” or similar. Beta features are provided as is, may be modified or discontinued at any time, and are excluded from any service-level commitment. Use is at your own risk.
22. General
These Terms, together with our Privacy Policy and any Commercial Use and Rights Certificate issued to you, are the entire agreement between you and HitZERØ regarding the Platform. If any provision is unenforceable, the rest remain in effect, and the unenforceable provision will be reformed to the narrowest scope necessary to make it enforceable. We may assign these Terms in connection with a merger, acquisition, financing, or sale of assets; you may not assign without our written consent. No waiver is effective unless in writing. Headings are for convenience only. You consent to receive notices and disclosures from us electronically.
23. Contact
IAH.FIT Inc. is a Delaware corporation.
Registered office (Delaware): 16193 Coastal Highway, Lewes, DE 19958, USA
Principal place of business (Texas): 21750 Hardy Oak Blvd, Ste 104, San Antonio, TX 78258-4946, USA
All inquiries: legal@hitzero.com