Terms of Service

Last Updated: March 13, 2026

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Brkcore, LLC (“Brkcore,” “we,” “us,” or “our”), governing your access to and use of the Brkcore platform located at https://brkcore.com (the “Service”). By accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use the Service.

2. Description of the Service

Brkcore is a music generation platform that allows users to create, remix, and download audio compositions. The Service supports two distinct input modes:

  • Library Breaks (input_type: break_library) — audio sources drawn from Brkcore’s curated, licensed break library.
  • User-Uploaded Breaks (input_type: user_upload) — audio sources uploaded directly by you.

3. Ownership and Licensing of Generated Content

3.1 Library-Based Generations

When a composition is generated exclusively using Library Breaks, to the maximum extent permitted by applicable law, Brkcore assigns to you all of its right, title, and interest in and to the generated output. You may download, use, distribute, sell, license, or otherwise exploit the generation for any purpose, including commercial use, without restriction or royalty owed to Brkcore. Brkcore warrants that it holds the necessary rights to the library sources used in such outputs.

3.2 User-Uploaded Generations

When a composition is generated using audio you uploaded, the copyright status and licensing of the resulting output is entirely your responsibility. You represent and warrant that you own or have obtained all necessary rights, licenses, consents, and permissions to upload and use such source material. Brkcore does not verify the ownership or licensing status of user-uploaded audio and expressly disclaims all liability arising from:

  • Any third-party intellectual property claims relating to user-uploaded source material;
  • Your use, distribution, or commercialization of generations derived from user-uploaded material;
  • Any infringement of copyright, neighboring rights, or moral rights arising from such material.

You agree to indemnify and hold harmless Brkcore and its officers, directors, employees, and agents from any claims, damages, liabilities, costs, or expenses (including reasonable legal fees) arising from your breach of this section.

3.3 License Grant to Brkcore — Source Material (All Generations)

By uploading any source material, you grant Brkcore a limited, non-exclusive, royalty-free license to process and store that material solely for the purpose of fulfilling your generation requests and maintaining your generation history within the Service. We do not use your source material uploads to train AI models.

3.4 License Grant to Brkcore — Generated Outputs (Library-Based Only)

For compositions generated exclusively using Library Breaks, you grant Brkcore a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, display, distribute, and create derivative works of those generated outputs for Brkcore’s own business purposes. This includes, without limitation: improving or benchmarking Service features, internal analytics, and promotional or marketing use (e.g., advertisements, demos, social content). This license does not limit your own ownership rights or commercial use of the same output as described in Section 3.1.

For the avoidance of doubt, Brkcore may use library-based generated outputs to improve, train, or fine-tune audio processing features within the Service. Brkcore does not use user-uploaded source material for model training (see Section 3.3).

This Section 3.4 does not apply to compositions generated from user-uploaded source material. Brkcore does not claim any license or rights over outputs derived from user-uploaded breaks, consistent with the liability disclaimer in Section 3.2.

4. Account Registration and Eligibility

You must be at least 18 years of age to create an account and use the Service. By registering, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

You agree to provide accurate and complete information during registration and to keep your credentials confidential. You are responsible for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect unauthorized access.

5. Payment, Subscriptions, and Refunds

5.1 Billing

Certain features of the Service are available through paid subscription plans. All fees are stated in US Dollars and are exclusive of applicable taxes. By providing a payment method, you authorize us to charge the applicable fees for your chosen plan.

5.2 Refund Policy

Because a free tier is available to evaluate the Service before purchasing, all sales are generally final. Refunds are considered only where one of the following conditions is met:

  • Billing error — you were charged an incorrect amount or charged twice.
  • No access after payment — a confirmed technical failure prevented you from accessing any paid features within 72 hours of purchase.
  • Critical service failure — a verified outage or bug on our end rendered core paid features completely unusable, and we were unable to resolve it within a reasonable period.

Refund requests must be submitted within 72 hours of the triggering event. Subjective dissatisfaction with generated results does not qualify; the Service produces creative outputs and results will vary. To request a refund, contact us at [email protected] with your account email, a description of the issue, and any supporting detail. Approved refunds are processed to the original payment method and may take 5–10 business days to appear. We reserve the right to grant exceptions at our sole discretion in cases not described above.

5.3 Cancellation

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period. No partial refunds are issued for unused time within a billing period, except where required by applicable law.

6. User Data and Privacy

We collect and process personal data including your name, email address, payment information, and generation data (inputs, outputs, and associated metadata) as necessary to provide the Service. Non-personal data, including web cookies, may also be collected to improve performance and user experience. Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference.

7. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable law or regulation;
  • Upload material that infringes the intellectual property rights of any third party;
  • Attempt to gain unauthorized access to the Service or its underlying infrastructure;
  • Reverse engineer, decompile, or otherwise attempt to extract source code from the Service;
  • Use bots, scripts, scrapers, or other automated means to generate compositions in bulk, or otherwise abuse the Service in a manner that degrades performance or availability for other users;
  • Use the Service in any manner that could damage, disable, or impair its proper functioning.

Brkcore reserves the right to suspend or terminate accounts engaged in abusive or excessive automated usage, at its sole discretion.

8. Digital Millennium Copyright Act (DMCA) Notice

Because Brkcore allows users to upload and use their own audio source material, we respect the intellectual property rights of others and respond to notices of alleged infringement in accordance with the Digital Millennium Copyright Act (“DMCA”).

If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the following information:

  • A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
  • Identification of the copyrighted work claimed to have been infringed;
  • Identification of the material that is claimed to be infringing and its location on the Service;
  • Your contact information, including your name, address, telephone number, and email address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
  • A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Designated Copyright Agent:

Brkcore, LLC — DMCA Agent
Email: [email protected]

Upon receipt of a valid DMCA notice, we will remove or disable access to the allegedly infringing material and make a good-faith effort to notify the user who uploaded it. Repeat infringers may have their accounts terminated.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BRKCORE AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL BRKCORE’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BRKCORE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).

11. Mandatory Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

11.1 Application

This Section applies to any dispute, claim, or controversy arising out of or relating to these Terms or the Service.

11.2 Informal Resolution

Before filing a formal claim, you agree to attempt to resolve the dispute informally by contacting [email protected]. If the dispute is not resolved within 30 days, you or Brkcore may proceed to formal arbitration.

11.3 Binding Arbitration

Any dispute that remains unresolved shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall take place in the State of Delaware, United States. The arbitrator’s award shall be final and binding on all parties.

11.4 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between Brkcore and you individually. To the full extent permitted by law: (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any dispute to be arbitrated or resolved on a class-action basis or to utilize class action procedures; and (iii) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

11.5 Exceptions

Nothing in this section shall prevent Brkcore from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights, or other proprietary rights.

12. 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 principles. To the extent any matter is not subject to arbitration under Section 11, you consent to the exclusive jurisdiction and venue of the state and federal courts located in the State of Delaware.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. Any changes will be posted on this page with an updated “Last Updated” date. For significant changes, we may notify you via email. Your continued use of the Service after changes are posted constitutes your acceptance of the revised Terms.

14. Termination

We may suspend or terminate your account and access to the Service at our sole discretion, with or without notice, if we reasonably believe you have violated these Terms. You may terminate your account at any time by contacting us. Upon termination, your right to use the Service ceases immediately.

15. Contact

For questions or concerns regarding these Terms, please contact us at: [email protected]

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