Terms of Service
Operated by: 95 Entertainment LLC, a Florida limited liability company
Address: 28 W Flagler St #295, 300B, Miami, FL 33130, USA
Effective Date: April 16, 2023
Version: 1.4
Last Updated: May 16, 2026
Contact: contact@95ent.ai
1. Agreement
By creating an account, uploading audio, downloading audio, sending or accepting an invite, or otherwise using water.95ent.ai or any related interface (the "Service"), you agree to these Terms of Service. If you do not agree, do not use the Service.
2. The Service
Water is a creator-owned music platform operated by 95 Entertainment LLC. It includes a curated catalog of musical IDs (melodic sources), invite-based sharing flows, the Source ID provenance system, and the Royalty Fair attribution framework. Specific features may evolve over time.
3. Accounts and Eligibility
You must be at least 13 years old (or the age of digital consent in your country, whichever is higher). You are responsible for the accuracy of the information you provide and for the security of your account credentials. You are responsible for activity that occurs under your account.
4. Use of Digital Content and the Royalty Fair License
All music products on the Service (musical IDs, melodic sources, packs) are governed by a separate written license, the Non-Exclusive Royalty Fair License, Minor Placements Only (the "Royalty Fair License"), which is delivered as a PDF at the time of download or purchase.
By downloading or purchasing, you agree to:
- These Terms of Service, and
- The Royalty Fair License delivered with the file.
In case of conflict between these Terms and the Royalty Fair License PDF, the Royalty Fair License PDF prevails as to license scope and as to the specific delivery to which it attaches.
For Major Placements (involvement of a major label, major-label funding, or one million or more streams on a single platform), separate written clearance and a separate agreement are required, as described in the Royalty Fair License.
You may not use the Service to train, fine-tune, or evaluate any machine-learning system, model, or generator on Service audio without our prior written authorization.
5. Subscriptions and Payment
Subscription plans, pricing, and billing cadence are described on the Service at the time of purchase. Subscriptions are billed in advance through Stripe. You may cancel a subscription at any time before the next renewal; cancellation takes effect at the end of the then-current billing period unless otherwise stated.
Founders pricing (where offered) is locked at the rate stated at the time of purchase for the duration of continuous active subscription. Lapses may forfeit Founders pricing.
Refunds are governed by the refund posture in effect at the time of purchase, plus any non-waivable consumer-protection rights you have under applicable law.
6. User-Uploaded Audio
You retain ownership of the audio you upload. You grant us a worldwide, non-exclusive, royalty-bearing (under the Royalty Fair attribution framework where applicable) license to host, reproduce, fingerprint, watermark, embed for derivative detection, transcode, deliver, and display the audio for the purpose of operating the Service and enforcing the Source ID provenance system.
You represent and warrant that you have all necessary rights to upload the audio, including all rights from co-creators where applicable.
7. Intellectual Property
All Service content authored by us (logos, visuals, text, code, audio we authored, video) is owned by Sébastien Graux or licensed to 95 Entertainment LLC. No copying, resale, redistribution, scraping, or training of machine-learning systems on Service content is permitted without our prior written permission.
8. Limitation of Liability
To the fullest extent permitted by applicable law, 95 Entertainment LLC and its officers, employees, and agents are not liable for indirect, incidental, special, consequential, or exemplary damages, or for loss of profits, revenue, data, or goodwill arising from or relating to use of the Service or any audio downloaded from or uploaded to the Service. Our aggregate liability for any claim is limited to the greater of (a) the amount you paid us in the twelve months preceding the claim, or (b) one hundred U.S. dollars (USD 100).
9. Indemnification
You agree to indemnify and hold harmless 95 Entertainment LLC, its officers, employees, agents, and partners from claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from your misuse of the Service, your breach of these Terms, your violation of applicable law, or your infringement of third-party rights.
10. Account Lifecycle and Termination
10.1 Voluntary closure
You may close your account at any time. Closure starts the audit and biometric retention clocks described in the Privacy Policy.
10.2 Termination by us
We may suspend or terminate your account for breach of these Terms, suspected fraud, or material misuse. Where reasonable and lawful, we will give notice.
10.3 Founders and paid subscribers
While your subscription is active and in good standing, the four-phase inactivity lifecycle in Section 10.4 does not apply. If your subscription transitions to Free (cancellation, chargeback, or non-payment), the lifecycle clock starts at the transition date, not retroactively.
10.4 Account lifecycle for inactive Free users
To keep the Service healthy and to free seats for active creators, inactive Free accounts move through a four-phase lifecycle. The trigger metric is "no credit use" (no in-app action that consumes a credit). Login alone is not sufficient.
| Phase | Day | Action | State | Reactivation |
|---|---|---|---|---|
| (a) | 7 | Notice email 1 | Fully active | Single credit use resets timer |
| (a) | 10 | Notice email 2 | Fully active | Single credit use resets timer |
| (a) | 13 | Notice email 3 | Fully active | Single credit use resets timer |
| (b) | 14 | Auto-pause and pause email | Read-only (playlists, collabs, watermarks, IDs visible; no credit use, no download, no new sessions); persistent in-app banner | Single credit use restores account fully |
| (c) | 21 | Permanent deletion and deletion email | All access lost; profile and behavioral data purged from production | Not available; create a new account |
| (c+30) | 51 | Audit log purge | Audit log retained for legal, tax, fraud, and dispute purposes only | n/a |
Files you have downloaded to your local device remain licensed under Section 4 and the Royalty Fair License attached to the delivery. Account deletion does not unwind past licenses.
Email-on-file is your responsibility. Hard-bounce of a notice email is constructive notice.
10.5 Survival
Sections 4, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 survive termination of your account and these Terms.
11. Data Processors and Service Providers
To operate the Service we share personal information with the following third-party processors, each contractually bound to confidentiality and purpose limitation. The full table, including categories of data and region, is published in the Privacy Policy at Section 4.
- Supabase, Inc. (database, authentication, storage, edge functions)
- Stripe, Inc. (subscription billing, payment processing)
- Amazon CloudFront (content delivery network, edge cache)
- Klaviyo, Inc. (transactional and marketing email, segmentation)
- Functional Software, Inc. (Sentry) (application error monitoring)
- PostHog, Inc. (product analytics)
- Muso.ai (public artist credit lookups, placement enrichment; no Water user PII is sent to Muso.ai)
We do not sell personal information. We do not engage in cross-context behavioral advertising. If we add a new processor, we update Privacy § 4 and bump the Last Updated date before any user data is routed to that processor.
12. Audio-Derived Processing and Express Written Consent
The Service performs three forms of audio-derived processing on every upload and download:
- Audio fingerprint (chromaprint perceptual hash) for duplicate detection, derivative detection, and Source ID lineage.
- Watermark embedding (AudioSeal) of an inaudible payload encoding the Source ID, license context, and a non-PII session token.
- Machine-learning embeddings (MERT) for similarity search, classification, and provenance.
None of these processes derive a personal biometric identifier of you as a human. They derive identifiers of the sound itself. Out of conservatism we treat all three as biometric-adjacent for disclosure and consent purposes.
By uploading audio to the Service, or by downloading audio from the Service, you provide express written consent to the processing described in items (1), (2), and (3) above. The Service records this consent at first upload and at first download with your account identifier, IP address, user agent, and timestamp. Substantive details (purpose, retention up to seven years post-deletion, no sale, no third-party transfer, withdrawal mechanics) are described in the Privacy Policy at Section 6.
13. Dispute Resolution
13.1 Governing law
These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-laws rules, and by applicable U.S. federal law.
13.2 Forum
Subject to Section 13.3, exclusive jurisdiction and venue lie in the state and federal courts located in Miami-Dade County, Florida.
13.3 Informal resolution
Before filing any claim, you agree to contact us at the address in Section 16 and attempt good-faith resolution for at least sixty (60) days.
13.4 Class-action waiver
To the fullest extent permitted by applicable law, you and we each waive the right to bring or participate in a class action, collective action, or representative proceeding. This waiver does not apply where prohibited by law.
14. Changes to the Terms
We may update these Terms. Material changes are posted here with a new Effective Date and, where required by law, by direct notice. Continued use of the Service after the Effective Date of an update constitutes acceptance.
15. General
If any provision of these Terms is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets. These Terms, together with the Privacy Policy and the Royalty Fair License delivered with each file, constitute the entire agreement between you and us with respect to the Service.
16. Contact
95 Entertainment LLC
28 W Flagler St #295, 300B, Miami, FL 33130, USA
contact@95ent.ai
17. Sound Metadata and Derived Intelligence
17.1 Automatic enrichment
When you upload audio to the Service, you authorize 95 Entertainment LLC to process your audio through our proprietary BRAIN enrichment pipeline. This pipeline automatically derives and creates Sound Metadata from your audio, including but not limited to: tempo (BPM), musical key, genre classification, chord sequences, Nashville notation, mood labels, tonal descriptors, timbre classification, tempo feel, and Artist Match outputs (collectively, "Sound Metadata").
17.2 Ownership of Sound Metadata
All Sound Metadata, including all derived vectors, embeddings, Artist Sound Fingerprints, Momentum Scores, and intelligence outputs produced by our systems from your audio, are the exclusive proprietary data products of 95 Entertainment LLC. You retain ownership of the underlying audio file you upload. You receive a non-exclusive, non-transferable license to view and access your Sound Metadata through the Service for the duration of your account in good standing.
17.3 Restrictions on Sound Metadata
You may not: (a) export Sound Metadata in bulk via automated means, scraping, or unauthorized API access; (b) use Sound Metadata to train, fine-tune, or evaluate any machine-learning system or AI model without our prior written authorization; (c) reproduce, resell, license, or transfer Sound Metadata to any third party without our prior written consent; (d) attempt to reverse-engineer or reconstruct the enrichment pipeline from Sound Metadata outputs.
17.4 Versioned enrichment
Sound Metadata may be updated as our enrichment models improve. Updated values supersede prior versions. Each Sound Metadata version is logged with a version identifier, processing timestamp, and confidence score. We make no warranty that Sound Metadata values are error-free, and the Vote Layer described in our platform documentation exists precisely to allow community correction of enrichment outputs.