Terms and Conditions of Service

Last Updated: August 1, 2026

PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR SERVICE. BY ACCESSING OR USING TOTALANALYZER, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

1. Acceptance of Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Vento Digitale di Marco Forlani ("we", "us", "our", or "Company"), a business entity operating in Italy and subject to European Union laws and regulations, governing your use of the TotalAnalyzer service (the "Service").

By creating an account, uploading content, or using any part of our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

2. Description of Service

TotalAnalyzer is a Software-as-a-Service (SaaS) platform that provides AI-powered analysis tools for musical compositions. The Service enables users to:

  • Upload audio files containing their original musical works (songs, compositions, projects)
  • Receive automated analyses generated through artificial intelligence systems, third-party SaaS tools, software libraries, and specialized consultations
  • Access detailed reports covering various aspects including but not limited to: musical structure, lyrics analysis, production quality, commercial potential, and creative evaluation

2.1 Service Specifications

  • Accepted File Formats: MP3 and WAV audio files
  • Maximum File Size: 25 MB per upload
  • Intended Use: The Service is specifically designed to analyze songs with vocals and lyrics. It is not optimized for instrumental music, live performances, or audio recordings without vocals
  • File Conversion: WAV files uploaded to our Service will be automatically converted to MP3 format for processing purposes

2.2 Third-Party AI Providers

To generate analyses, the Service relies on an external Artificial Intelligence system operated by a third party and accessed programmatically via API — specifically Google (Gemini API), a multimodal model used to analyse the track, transcribe its lyrics and produce the report. By using the Service, you acknowledge and accept that your uploaded content, lyrics, and metadata may be transmitted to such third-party AI provider solely for the purpose of generating the requested analysis.

International Transfers: Google is a U.S.-based provider and may process the transmitted data outside the European Union / EEA, including in the United States. Such transfers are governed by the safeguards (including the Standard Contractual Clauses and Data Processing Agreement incorporated into the provider's API terms) described in our Privacy Policy. Your account identifiers (name, email, password) and full billing details are not transmitted to this provider.

We reserve the right to change, add, or replace AI providers at any time, as further described in Section 10.

3. User Accounts and Registration

3.1 Age Requirements and Eligibility

TotalAnalyzer is available to adults only. To create an account and use the Service you must be at least 18 years of age, or older where the age of legal majority in your jurisdiction is higher. The Service is not intended for, and must not be used by, minors.

During registration you are required to enter your date of birth and to confirm that it is truthful. By creating an account, you represent and warrant that:

  • You are at least 18 years old, or older if required by the law of your jurisdiction
  • The date of birth you provided is accurate and truthful
  • All other information you provide during registration is accurate, current, and complete
  • You have the legal capacity to enter into a binding agreement

Full responsibility for your declaration. We do not verify your age against identity documents: we rely entirely on what you declare. You therefore accept full legal responsibility for the truthfulness of the date of birth and of the age confirmation you provide.

Consequences of a false declaration. If we become aware, or have reasonable grounds to believe, that the age you declared is false — including where an account is found to belong to a minor — we reserve the right, at our sole discretion and without prior notice, to:

  • suspend the account temporarily while we look into the matter;
  • close the account permanently and terminate these Terms with immediate effect;
  • forfeit any unused credits, with no right to a refund, as provided in Section 8;
  • refuse any future registration attempt by the same person.

These measures apply regardless of whether the false declaration was deliberate. Any purchase made through an account opened on the basis of a false age declaration is made in breach of these Terms.

Payments. Payments are processed by Paddle as Merchant of Record, whose own terms likewise require the purchaser to be of legal age. An account that does not meet the age requirement cannot validly complete a purchase.

If you are a parent or guardian and believe a minor has created an account using false information, contact us at support@totalanalyzer.ai: we will close the account and delete the associated personal data.

3.2 Account Creation

To use the Service, you must create an account by providing accurate and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3 Account Security

You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.

3.4 Multiple Accounts and Anti-Abuse

We implement automated systems to detect and prevent abuse, including but not limited to IP address monitoring and browser fingerprinting. Creating multiple accounts to circumvent Service limitations or obtaining unauthorized free analyses is strictly prohibited and may result in immediate termination of all associated accounts without refund.

4. User Obligations and Prohibited Conduct

4.1 Ownership and Authorization

CRITICAL REQUIREMENT: You represent and warrant that you are the sole owner or have obtained all necessary rights, licenses, consents, and permissions to use and upload any content (including but not limited to musical compositions, recordings, lyrics, and any other intellectual property) to our Service.

You are strictly prohibited from uploading:

  • Content that you do not own or have explicit permission to use
  • Copyrighted material belonging to third parties without proper authorization
  • Content that infringes upon any third party's intellectual property rights, including but not limited to copyrights, trademarks, patents, or trade secrets

4.2 Indemnification for Copyright Infringement

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS Vento Digitale di Marco Forlani, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney's fees and court costs) arising from:

  • Any breach of your warranty regarding content ownership
  • Any copyright infringement claims brought by third parties
  • Any legal proceedings related to content you uploaded to our Service

In the event that we incur legal expenses or damages defending against claims related to your uploaded content, we reserve the right to seek full reimbursement from you, including but not limited to legal fees, settlement costs, and court-ordered damages.

4.3 Absolutely Prohibited Content and Activities

You are strictly prohibited from uploading, transmitting, or using the Service to promote content that:

  • Contains or promotes racism, hate speech, discrimination based on race, ethnicity, religion, gender, sexual orientation, disability, or any other protected characteristic
  • Depicts, glorifies, or incites violence, terrorism, or harm to individuals or groups
  • Contains child sexual abuse material (CSAM) or exploits minors in any way
  • Promotes, facilitates, or provides instructions for illegal activities including but not limited to:
    • Drug trafficking or illegal substance use
    • Weapons trafficking or illegal firearms sales
    • Human trafficking or exploitation
    • Fraud, identity theft, or financial crimes
  • Contains malware, viruses, trojans, or any malicious code designed to harm systems or steal data
  • Infringes upon intellectual property rights of others
  • Contains pornographic or sexually explicit material (unless legally permitted and properly classified)
  • Promotes self-harm, suicide, eating disorders, or dangerous activities
  • Contains defamatory, libelous, or fraudulent statements
  • Violates any applicable local, national, or international law or regulation

4.4 Service Purpose and Scope of Permitted Use

The Service is made available exclusively for the purposes described in these Terms and on our home page (https://song.totalanalyzer.ai) — namely, the AI-assisted analysis of original musical works that you own or are lawfully authorized to upload. Any use of the Service for purposes other than those expressly intended is strictly forbidden.

Without limiting the generality of the foregoing, you agree NOT to use the Service, directly or indirectly, for any of the following purposes:

  • Any illegal or unlawful activity under applicable local, national, EU, or international law
  • Generating, uploading, hosting, processing, or distributing pornographic, sexually explicit, obscene, or sexually suggestive material, including non-consensual intimate content and any content sexualizing minors
  • Any content or activity involving child sexual abuse material (CSAM), child exploitation, grooming, or endangerment of minors
  • The dissemination, promotion, or glorification of hate speech, racism, xenophobia, antisemitism, Islamophobia, religious intolerance, or any form of bigotry
  • Discrimination or incitement to discriminate against individuals or groups on the basis of race, ethnicity, nationality, color, religion, gender, gender identity, sexual orientation, disability, age, marital status, socioeconomic status, or any other protected characteristic
  • Content that constitutes harassment, bullying, stalking, intimidation, threats, doxxing, or abuse directed at any individual or group
  • Promotion, glorification, facilitation, or incitement of violence, terrorism, extremism, armed conflict, genocide, or harm to persons, animals, or property
  • Content that promotes or glorifies self-harm, suicide, eating disorders, or other dangerous behaviors
  • Activities involving fraud, deception, identity theft, impersonation, phishing, scams, pyramid schemes, money laundering, terrorist financing, or any other financial crime
  • Activities related to the trafficking of drugs, weapons, human beings, endangered species, stolen goods, or other illicit items
  • Infringement of intellectual property rights, including copyright, trademark, patent, trade secret, right of publicity, or moral rights of any third party
  • Publication of defamatory, libelous, slanderous, knowingly false, or deliberately misleading content about any person or entity
  • Violation of privacy rights, including the unauthorized collection, processing, or dissemination of personal data of third parties
  • Distribution of malware, viruses, worms, trojans, ransomware, spyware, or any malicious code, or any activity intended to damage, disable, or compromise computer systems, networks, or data
  • Circumvention of technical protection measures, digital rights management (DRM), paywalls, or access controls of third-party services or content
  • Any use that reverse-engineers, trains, fine-tunes, benchmarks, or evaluates competing AI models or competing analysis products using the Service or its outputs
  • Any activity that violates export control, sanctions, anti-corruption, or anti-money-laundering laws
  • Any conduct designed to abuse, overload, disrupt, degrade, or impair the Service, our infrastructure, or the experience of other users

This list is illustrative and non-exhaustive. We reserve the right, at our sole discretion, to determine whether a particular use falls outside the intended scope of the Service and to take the enforcement actions described in Section 11.

4.5 Prohibited Technical Activities

You agree not to:

  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Service
  • Copy, reproduce, duplicate, or create derivative works based on the Service or its analysis methodology
  • Use the Service or its outputs to develop competing products or services
  • Use automated systems (bots, scrapers, crawlers) to access the Service except through our official API (if provided)
  • Attempt to gain unauthorized access to any part of the Service, other users' accounts, or computer systems connected to the Service
  • Upload files designed to test, exploit, or compromise the security of our systems
  • Interfere with or disrupt the integrity or performance of the Service
  • Conduct systematic data extraction, mining, or harvesting of Service content or analysis results
  • Probe, scan, or test the vulnerability of the Service or any connected networks
  • Circumvent any security measures, authentication mechanisms, or access restrictions
  • Impersonate any person or entity, or falsely represent your affiliation with any person or entity
  • Transmit or inject any malicious code, viruses, worms, trojans, or harmful software

4A. User Content License Grant

4A.1 License to Process Content

By uploading audio files, lyrics, metadata, or any other content to the Service, you grant Vento Digitale di Marco Forlani a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable license to:

  • Store, process, and analyze your uploaded content using our AI systems and third-party service providers
  • Generate analysis results, reports, and derivative insights from your content
  • Use technical metadata and anonymized analytical data for service improvement and quality assurance
  • Maintain temporary copies of your content as necessary for service delivery

4A.2 Scope and Duration

This license exists solely for the purpose of providing the Service to you and does not grant us any rights to:

  • Publicly perform, display, or distribute your original musical works
  • Use your content for marketing or promotional purposes without explicit consent
  • Transfer ownership or commercial rights to your intellectual property
  • Retain your audio files beyond the analysis completion period (as specified in Section 7.3)

This license terminates when your content is deleted from our systems, except for:

  • Anonymized data that cannot be traced back to you or your content
  • Data we are required to retain for legal compliance purposes
  • Backup copies that will be deleted during routine deletion cycles (maximum 90 days)

4A.3 Ownership Retention

You retain all ownership rights to your uploaded content. Nothing in these Terms transfers ownership of your intellectual property to us. The license granted above is limited to operational purposes only.

5. Free Analysis Credits and Limitations

5.1 Monthly Free LIGHT Analyses

Each registered user is granted three (3) free LIGHT analyses per calendar month. LIGHT analyses provide limited visibility of analysis results with certain features obfuscated or restricted.

5.2 Reset Schedule

Free analysis credits reset on the first day of each calendar month at 00:00 UTC. Unused credits do not roll over to subsequent months.

5.3 Restrictions

Once you have exhausted your monthly free LIGHT analyses, you will not be able to perform additional free analyses until the next monthly reset period.

6. Purchased Credits and Payment Terms

6.1 Credit Purchase

Users may purchase credits to generate FULL analyses, which provide complete, unobfuscated results with all available features and data.

6.2 Payment Processing — Paddle as Merchant of Record

All payments and billing operations for the Service are processed by Paddle.com Market Ltd and its affiliates ("Paddle"), which acts as the Merchant of Record (MoR) and reseller for all transactions relating to the Service. This means that:

  • Paddle is the seller of record toward the end customer for the purpose of payment and invoicing. When you purchase credits or a subscription, your contractual payment relationship is with Paddle as reseller, while the underlying Service is provided by Vento Digitale di Marco Forlani
  • Paddle is responsible for collection and storage of billing information
  • Paddle handles payment processing, fraud screening, and transaction security (PCI DSS Level 1 certified)
  • Paddle issues the official invoices and receipts for your purchases
  • Paddle calculates, collects, and remits all applicable VAT, sales tax, GST, and other indirect taxes in the jurisdictions where such obligations apply
  • Paddle manages chargebacks, disputes, and billing-related customer support
  • Paddle reviews and decides on refund requests in accordance with its own refund policy and applicable law

By making a purchase, you acknowledge that your payment is processed by Paddle and you agree to Paddle's Checkout Buyer Terms and Privacy Policy. We do not store or have access to your complete payment card details.

For any payment-, invoice-, billing-, refund-, or chargeback-related question, you may contact Paddle directly through paddle.net (Paddle's dedicated buyer support portal), or contact us at support@totalanalyzer.ai and we will liaise with Paddle on your behalf where appropriate.

6.3 Credit Validity Period

Purchased credits are valid for twenty-four (24) months from the date of purchase. We will provide at least five (5) days advance notice before expiring credits. After expiration, unused credits will be removed from your account without refund.

6.4 Credit Transferability

Credits are non-transferable between user accounts and are permanently associated with the account through which they were purchased.

6.5 Bonus and Promotional Credits

Credits obtained through promotions, referral programs, bonuses, or other free allocations are subject to the same usage terms but may have different expiration policies as specified at the time of grant. We are not obligated to provide refunds for credits obtained free of charge.

6A. Subscription, Automatic Renewal and Cancellation

IF THE SERVICE IS OFFERED ON A SUBSCRIPTION BASIS, the following terms apply to your recurring subscription in addition to the rest of these Terms. If you purchased one-off credit packs only (non-recurring), this Section is informational and does not apply to your purchase.

6A.1 Subscription Term and Billing Cycle

If you purchase a subscription plan, you agree to pay the subscription fees corresponding to the plan and billing cycle you selected at checkout (e.g., monthly, quarterly, or annual). The applicable price, billing frequency, and included credits or features are displayed prior to purchase and confirmed on the Paddle checkout page.

6A.2 Automatic Renewal

Your subscription will renew automatically at the end of each billing cycle for a subsequent period of the same length, unless you cancel it before the renewal date. Renewals are processed and charged by Paddle as Merchant of Record using the payment method on file. By subscribing, you expressly authorize Paddle to charge you, on a recurring basis and without further action on your part, the then-current subscription fee plus applicable taxes, until you cancel.

We will apply the subscription price in effect at the time of renewal. If we change the price of your subscription, we will notify you in advance with reasonable notice, and the new price will apply from the next renewal. You may cancel before the new price takes effect if you do not accept it.

6A.3 Managing Your Subscription via Paddle

Because Paddle is the Merchant of Record, your subscription — including the payment method, billing address, and automatic-renewal setting — is managed through Paddle's buyer portal. You may:

  • Access your subscription management page via the link included in Paddle's order-confirmation and receipt emails
  • Use the self-service portal at paddle.net to view invoices, update your payment method, or turn off automatic renewal (cancel) at any time

Turning off automatic renewal in Paddle is the primary, fastest way to cancel your subscription — no further action on our side is required.

6A.4 Cancellation via Email

As an alternative, you may also request cancellation at any time by sending an email to support@totalanalyzer.ai from the email address associated with your account. Please include:

  • The email address associated with your TotalAnalyzer account
  • Your Paddle order or subscription ID (if known)
  • A clear statement that you wish to cancel your subscription

We will acknowledge your request and forward it to Paddle for processing within a reasonable timeframe (typically within a few business days). For payment- or billing-specific issues, you may also contact Paddle directly via paddle.net.

6A.5 Effect of Cancellation

When you cancel your subscription:

  • Your subscription will remain active until the end of the current paid billing period — you will not be charged for any further renewals
  • You will retain access to the features included in your plan until the end of the current period
  • Cancellation does not automatically delete your account; your account and stored analyses remain accessible under the applicable free-tier conditions (see Section 5)
  • Except where required by mandatory consumer-protection law or explicitly provided in Section 8 (Refunds), no pro-rata refund is issued for the unused portion of the current billing period

6A.6 Failed Payments

If a renewal payment fails (e.g., expired card, insufficient funds), Paddle may retry the charge in accordance with its dunning policy. If payment cannot be collected, we and/or Paddle may suspend your subscription and the associated Service features until payment is successfully collected or the subscription is cancelled.

6A.7 Statutory Withdrawal Rights

EU consumers retain the 14-day right of withdrawal described in Section 8.1, subject to the exceptions set out therein. Cancellation of automatic renewal under this Section 6A is separate from, and does not limit, any statutory withdrawal right you may have under applicable law.

7. Analysis Results and Storage

7.1 Availability of Results

All completed analyses (both LIGHT and FULL) remain accessible in your account 24 hours a day, 7 days a week, indefinitely, subject to these Terms and our right to terminate accounts as specified herein.

7.2 PDF Export (FULL Analyses Only)

FULL analyses may be downloaded in PDF format. Please note that:

  • PDF exports may not include all graphical elements present in the web interface
  • The format and layout of PDF exports may differ from the on-screen presentation
  • PDF exports contain the complete analysis data excluding certain visual charts and diagrams

7.3 File Storage and Deletion

Audio File Retention Policy:

  • Uploaded audio files are retained on our servers only for the duration necessary to complete the analysis
  • After analysis completion, audio files are permanently deleted from our systems
  • We do not maintain archives of uploaded audio files
  • We do not transfer uploaded files to external cloud storage providers
  • Analysis results and metadata are retained, but the original audio files are not

8. No Refund Policy

8.1 Right of Withdrawal (EU Consumer Rights)

In accordance with EU Directive 2011/83/EU on consumer rights, you have the right to withdraw from the purchase within 14 days without providing any reason.

EXCEPTION: The right of withdrawal expires immediately when:

  • You use credits to generate a complete analysis
  • You have expressly consented to immediate execution of the service
  • You have acknowledged the loss of the right of withdrawal

UNUSED CREDITS: Credits that have not yet been consumed remain subject to withdrawal within 14 days of purchase.

PARTIAL REFUNDS: If you request withdrawal before having used all credits, we will refund proportionally the unconsumed credits.

Example: You purchase 100 credits (€99). You use 20 credits (2 analyses).
Available refund: 80% of the price paid = €79.20

8.2 Digital Service Nature

TotalAnalyzer is a digital service, not a physical product. As such, and in accordance with EU Directive 2011/83/EU on consumer rights, all sales are final once the service has been performed with your express consent.

8.3 No Refunds for Completed Analyses

We do not provide refunds for:

  • Credits used to generate analyses that have been completed
  • Analyses already delivered, regardless of user satisfaction with results
  • Credits that have expired due to the 24-month validity period
  • Unused credits on terminated or suspended accounts due to Terms violations

8.4 No Returns or Remakes

Due to the nature of our AI-powered analysis service, we do not offer:

  • Returns or exchanges of completed analyses
  • Free re-analysis or remake of previously analyzed content
  • Compensation for analyses that do not meet user expectations
  • Refunds based on subjective quality assessments or disagreement with analysis conclusions

9. Service Disclaimers and Limitations of Liability

9.1 "AS IS" and "AS AVAILABLE" Disclaimer

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

To the maximum extent permitted by applicable law, we disclaim all warranties, including but not limited to:

  • Implied warranties of merchantability - we do not warrant that the Service is suitable for commercial use or meets merchantable quality standards
  • Implied warranties of fitness for a particular purpose - we do not guarantee that the Service will meet your specific needs or requirements
  • Implied warranties of non-infringement - we do not warrant that the Service or its outputs will not infringe third-party rights
  • Warranties regarding accuracy, reliability, or completeness - we make no representations about the quality or accuracy of analysis results
  • Warranties of uninterrupted or error-free operation - we do not guarantee that the Service will be available at all times or free from defects

9.2 No Guarantee of Results

WE MAKE NO WARRANTIES OR GUARANTEES regarding:

  • The completeness, accuracy, reliability, or suitability of analysis results
  • The effectiveness or efficiency of analyses for any particular purpose
  • The alignment of analysis results with user expectations or industry standards
  • The consistency of results across similar musical works
  • The professional or commercial viability of your music based on analysis outcomes
  • That using the Service will lead to improved music quality or commercial success

9.3 Advisory Nature of Results

Analysis results are provided for informational purposes only and constitute an assessment of the current state of the submitted work. Any opinions, recommendations, or suggestions included in the analysis should be considered as supplementary information to aid your understanding, not as prescriptive instructions.

IMPORTANT: Decisions regarding how to use, modify, distribute, or monetize your creative works remain entirely your own responsibility. We are not liable for any actions you take or do not take based on our analysis results.

9.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL LIABILITY FOR:

  • Any financial losses, lost profits, lost revenue, or business interruption arising from your use of the Service
  • Damages resulting from decisions made based on analysis results
  • Loss of opportunities, reputation damage, or career setbacks allegedly caused by reliance on our analyses
  • Errors, inaccuracies, or omissions in analysis results
  • Technical failures, service interruptions, or data loss
  • Actions taken by third-party service providers we utilize
  • Unauthorized access to or alteration of your transmissions or data
  • Statements or conduct of any third party on the Service

9.5 Maximum Liability Cap

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE) EXCEED THE GREATER OF:

  • The amount you paid us in the six (6) months immediately preceding the claim, OR
  • One hundred euros (€100)

This limitation applies regardless of the form of action and even if we have been advised of the possibility of such damages.

9.6 Exclusion of Consequential Damages

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

  • Loss of profits, revenue, data, or business opportunities
  • Cost of substitute goods or services
  • Loss of goodwill or reputation
  • Personal injury or property damage

This exclusion applies even if such damages were foreseeable or we were advised of the possibility of such damages.

9.7 AI-Generated Content Variability

Our Service utilizes artificial intelligence systems provided by third-party vendors. AI-generated analyses may produce significantly different results for similar or even identical musical works due to:

  • The inherent probabilistic nature of AI systems
  • Updates and modifications made by AI service providers to their models
  • Training data updates and algorithmic improvements
  • Factors beyond our control or prediction

We cannot and do not control these variations and therefore disclaim all responsibility for inconsistencies, unexpected results, or perceived quality degradation in analyses performed at different times or using different AI model versions.

10. Service Modifications and Updates

10.1 Right to Modify

We reserve the absolute right, exercisable at our sole discretion and without prior notice to users, to:

  • Modify the user interface, design, layout, or visual presentation of the Service
  • Change operational workflows, processes, or analysis methodologies
  • Alter the structure, format, or content of analysis outputs
  • Add, remove, or modify features and functionalities
  • Change pricing structures for purchased credits
  • Modify limits on free analyses or credit allocation

10.2 Technology and Provider Changes

We reserve the right to:

  • Replace AI analysis tools and services with alternative providers at any time
  • Integrate new third-party services or discontinue existing integrations
  • Migrate to different infrastructure or hosting providers
  • Update software libraries, dependencies, and technical frameworks

Such changes may result in variations in analysis outputs, performance characteristics, or available features.

10.3 Service Availability Disclaimer

We disclaim all liability in the event that third-party service providers (including but not limited to AI service providers, cloud infrastructure providers, or API services) discontinue their services, change their terms, increase pricing, or otherwise affect our ability to deliver the Service.

In such circumstances, we will make commercially reasonable efforts to:

  • Find and implement alternative service providers offering comparable functionality
  • Maintain service continuity to the extent possible

However, if continuing the Service becomes technically or economically unfeasible, we reserve the right to initiate service termination procedures as outlined in Section 13 (Force Majeure).

By using the Service, you acknowledge and accept that dependence on third-party services is an inherent risk of cloud-based SaaS platforms, and you agree not to hold us liable for service disruptions caused by factors beyond our reasonable control.

11. Account Suspension and Termination

11.1 Immediate Suspension Rights

We reserve the right to immediately suspend or terminate your account and access to the Service, without prior notice, if you:

  • Violate any provision of these Terms and Conditions
  • Upload prohibited content as defined in Section 4.3
  • Infringe upon intellectual property rights of third parties
  • Engage in fraudulent, abusive, or illegal activities
  • Attempt to circumvent security measures or technical limitations
  • Create multiple accounts to exploit free analysis allocations
  • Use the Service in a manner that poses security risks to our systems or other users

11.2 Consequences of Termination

In the event of account termination for Terms violations:

  • No refunds will be provided for unused purchased credits
  • No compensation will be given for lost analyses, data, or account access
  • Access to all analysis results and account data will be permanently revoked
  • We may retain certain data as required by law or for legal protection purposes

11.3 Permanent Ban

For severe or repeated violations, we reserve the right to:

  • Permanently ban you from creating new accounts or accessing the Service in the future
  • Implement technical measures (including IP blocking and device fingerprinting) to prevent account recreation
  • Report illegal activities to appropriate law enforcement authorities

11.4 User-Initiated Termination

You may terminate your account at any time by:

  • Contacting our support team at support@totalanalyzer.ai with a termination request (for payment- and billing-related matters you may also contact Paddle directly at paddle.net)
  • Following any account deletion procedures provided in your account settings

Effects of User-Initiated Termination:

  • Your account will be deactivated and you will lose access to the Service
  • No refunds will be provided for unused purchased credits or remaining subscription time
  • Analysis results and account data may be permanently deleted within 30 days of termination
  • We may retain certain data as required by law or for legitimate business purposes (fraud prevention, legal compliance)
  • You will lose access to all LIGHT and FULL analyses stored in your account

If you wish to preserve your analysis results, you should download all FULL analysis PDFs before initiating account termination.

11.5 Violations and Account Termination

You agree not to use the Service in violation of these Terms. Prohibited conduct includes, but is not limited to: (i) fraudulent or unauthorized use of the Service or payment instruments; (ii) generation, upload, or distribution of content that is illegal, infringes third-party rights, or violates our Acceptable Use Policy; (iii) attempts to circumvent technical limitations, usage quotas, security measures, or access controls; (iv) abuse of refund, chargeback, or dispute mechanisms; (v) use of the Service to harm, harass, or defraud other users or third parties.

For serious, manifest, or repeated violations — including those listed in (i), (ii), and (v) above — we may suspend or terminate your account and remove generated content immediately and without prior notice. For less serious or isolated violations we will, where reasonably practicable, provide notice and an opportunity to cure before suspension.

Any refund request following suspension or termination will be reviewed by Paddle, our Merchant of Record, in accordance with Paddle's refund policy, which excludes refunds in cases of fraud or abuse. Nothing in these Terms limits any non-waivable statutory rights you may have as a consumer under applicable law (including, where applicable, EU consumer protection law, the U.S. FTC Act, and state consumer protection statutes).

In cases involving suspected illegal conduct or serious harm to third parties, we may report the conduct and share relevant information with competent authorities, in compliance with applicable data protection laws (including the GDPR and, where applicable, CCPA/CPRA and other U.S. state privacy laws).

12. Data Protection and Privacy

The collection, processing, storage, and protection of your personal data are governed by our Privacy Policy, which forms an integral part of these Terms.

12.1 Data Sharing Limitations

We do not sell, rent, or provide your personal data to third parties for marketing, analytics, or commercial purposes.

12.2 Legal Disclosure

We may disclose user data, including personal information and uploaded content metadata, to law enforcement authorities, judicial bodies, or government agencies when:

  • Required by applicable law, regulation, or legal process
  • Responding to valid subpoenas, court orders, or official requests
  • Investigating suspected illegal activities or Terms violations
  • Protecting our legal rights or the safety of our users or the public

12.3 EU Data Protection Compliance

As an entity operating within the European Union, we comply with the General Data Protection Regulation (GDPR) and applicable EU data protection laws. Our servers and data processing facilities are located within the European Union.

For detailed information about your data rights and our data practices, please refer to our Privacy Policy.

12A. Copyright Infringement and DMCA Compliance

12A.1 Copyright Policy

We respect the intellectual property rights of others and expect our users to do the same. If you believe that content uploaded to our Service infringes your copyright, you may submit a notice of copyright infringement.

12A.2 Filing a Copyright Complaint

To file a valid copyright infringement notice, you must provide us with a written communication that includes:

  • A physical or electronic signature of the copyright owner or 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, with sufficient detail to allow us to locate it
  • Your contact information, including email address, physical address, and telephone number
  • A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

12A.3 Designated Copyright Agent

Copyright infringement notices should be sent to:

Copyright Agent
Vento Digitale di Marco Forlani
Email: support@totalanalyzer.ai
Subject Line: "DMCA Copyright Infringement Notice"

12A.4 Counter-Notification

If you believe that material you uploaded was removed or disabled by mistake or misidentification, you may file a counter-notification containing:

  • Your physical or electronic signature
  • Identification of the material that was removed and its location before removal
  • A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
  • Your name, address, telephone number, and a statement that you consent to the jurisdiction of the courts in Bergamo, Italy

12A.5 Repeat Infringer Policy

We maintain a policy of terminating accounts of users who are determined to be repeat copyright infringers. Users who receive multiple valid copyright infringement notices may have their accounts permanently suspended without refund.

13. Force Majeure

We shall not be held liable for any failure or delay in performing our obligations under these Terms when such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to:

  • Natural disasters: earthquakes, floods, fires, storms, pandemics, epidemics
  • War and civil unrest: armed conflicts, terrorism, riots, civil disorder
  • Government actions: legislative changes, regulatory requirements, government orders, embargoes
  • Cyber attacks: distributed denial of service (DDoS) attacks, ransomware, large-scale security breaches
  • Infrastructure failures: power outages, telecommunications failures, internet backbone disruptions
  • Third-party service failures: critical vendor outages, AI service provider discontinuations

In the event of force majeure, we may, at our sole discretion:

  • Temporarily suspend the Service for a period necessary to address the situation
  • Permanently cease operations if circumstances make continuation impossible or commercially impractical

We will make reasonable efforts to notify users of force majeure events affecting the Service, but no refunds, credits, or compensation will be provided for service interruptions caused by force majeure circumstances.

14. Modifications to These Terms

Vento Digitale di Marco Forlani reserves the right to modify, amend, or replace these Terms and Conditions at any time, at our sole discretion, without prior notice to users.

14.1 Notification of Changes

When we modify these Terms, we will:

  • Update the "Last Updated" date at the top of this page
  • Publish the revised Terms on this same URL

We may, but are not obligated to, provide additional notice of material changes through email or in-app notifications.

14.2 Effective Date

Revised Terms become effective immediately upon publication on this page. Your continued use of the Service after Terms modifications constitutes your acceptance of the revised Terms.

14.3 User Responsibility

It is your responsibility to review these Terms periodically. If you do not agree to the modified Terms, you must discontinue use of the Service immediately.

15. Governing Law and Jurisdiction

15.1 Applicable Law

These Terms and Conditions, and any disputes arising from or related to your use of the Service, shall be governed by and construed in accordance with the laws of Italy and the applicable European Union regulations, without regard to conflict of law principles.

15.2 Exclusive Jurisdiction

Any legal action, lawsuit, or proceeding arising out of or relating to these Terms or the Service shall be instituted exclusively in the competent courts of Bergamo, Italy.

By using the Service, you irrevocably consent to the exclusive jurisdiction and venue of such courts and waive any objection to the inconvenience of such forum.

15.3 Language

These Terms are provided in English. In case of disputes regarding interpretation, the English version shall prevail. Any translations provided are for convenience only and shall not be used for legal interpretation purposes.

16. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent. If such modification is not possible, the invalid provision shall be severed from these Terms without affecting the validity and enforceability of the remaining provisions.

17. Assignment and Transfer

17.1 Restriction on User Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section shall be null and void.

17.2 Our Assignment Rights

We reserve the right to assign, transfer, or delegate these Terms and any rights or obligations hereunder, in whole or in part, without your consent or prior notice, including but not limited to:

  • In connection with a merger, acquisition, corporate reorganization, or sale of substantially all of our assets
  • To an affiliated company or subsidiary
  • To any successor entity that assumes our obligations under these Terms

You agree that any such assignment or transfer shall not require your consent and that you will be bound by these Terms with respect to any assignee or transferee.

18. Waiver

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If we fail to enforce any provision of these Terms in one instance, that failure does not mean we have waived our right to enforce that provision in the future or in other instances.

19. Export Control and Compliance

19.1 Export Restrictions

The Service and related technology may be subject to export control laws and regulations of the European Union, Italy, and other jurisdictions. You agree to comply with all applicable import and export control laws and regulations in your use of the Service.

19.2 Prohibited Destinations

You represent and warrant that:

  • You are not located in, under the control of, or a national or resident of any country subject to EU or international sanctions or embargoes
  • You are not listed on any EU, Italian, or international list of prohibited or restricted parties
  • You will not use the Service for any purposes prohibited by applicable laws, including but not limited to the development, design, manufacture, or production of nuclear, chemical, or biological weapons

19.3 Compliance Responsibility

You are solely responsible for ensuring that your access to and use of the Service complies with all applicable laws and regulations in your jurisdiction. We disclaim all liability for your failure to comply with such laws.

20. Entire Agreement

These Terms and Conditions, together with our Privacy Policy, constitute the entire agreement between you and Vento Digitale di Marco Forlani regarding the use of TotalAnalyzer and supersede all prior or contemporaneous communications, agreements, and understandings, whether oral or written.

21. Contact Information

For questions, concerns, or notices regarding these Terms and Conditions, please contact us:

Vento Digitale di Marco Forlani
Location: Italy
Email: support@totalanalyzer.ai
Website: https://song.totalanalyzer.ai

Payment, Billing, Invoice and Refund Inquiries:
For any matter related to payments, invoices, VAT, receipts, refunds, chargebacks, or subscription renewals, please contact our Merchant of Record, Paddle, through the dedicated buyer portal:
https://www.paddle.net


By using TotalAnalyzer, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.