Terms of Service

By downloading, installing, accessing, or using DrumShell (the “Service”), you (“User” or “you”) agree to be legally bound by these Terms of Service (“Terms”). If you do not agree to all of these Terms, you must immediately stop using the Service. Your continued use of the Service constitutes ongoing acceptance of these Terms, as amended from time to time.

DrumShell is a mobile application that provides AI-powered audio stem splitting for drum practice. The Service allows users to import audio files from their own devices for stem separation. DrumShell is a neutral technology tool — it does not host, curate, supply, or recommend any audio content. All content processed through the Service is provided solely by users.

You are solely and entirely responsible for all audio content and any other material you import, submit, or process through the Service (“User Content”).

By using the Service, you represent and warrant that:

• You own or have obtained all necessary rights, licenses, consents, and permissions to use and process any User Content through the Service, whether imported from your device’s local storage or obtained through any other means.
• Any audio files you import from your device were legally obtained and you have the right to process them. DrumShell does not verify the source, origin, or licensing status of imported audio files and assumes no responsibility for how you acquired them.
• Your use of the Service does not and will not infringe, violate, or misappropriate any third party’s intellectual property rights, including copyrights, trademarks, trade secrets, or any other proprietary rights.
• You will comply with all applicable local, state, national, and international laws and regulations, including but not limited to copyright laws, the Digital Millennium Copyright Act (DMCA), and any applicable international copyright treaties.
• You will not use the Service to reproduce, distribute, or create derivative works from copyrighted material without proper authorization from the rights holder.
• You understand that the Service is intended for personal, educational, and practice purposes only, and that such use does not automatically constitute “fair use” under copyright law.

DrumShell has no obligation to monitor, review, or verify the legality of User Content. The responsibility lies entirely with you.

You agree NOT to use the Service to:

• Process or distribute copyrighted audio content without proper authorization from the copyright holder.
• Circumvent, disable, or otherwise interfere with any digital rights management (DRM) or content protection mechanisms.
• Sell, license, or commercially redistribute the processed audio stems themselves as standalone products without proper rights to the underlying audio. Personal, educational, and creator use of the Service — including monetized cover videos, practice content, and social-media posts where you have the necessary rights to the underlying audio — is permitted.
• Use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service.
• Attempt to gain unauthorized access to any part of the Service, its servers, or any systems or networks connected to the Service.
• Use the Service in violation of any applicable law or regulation.
• Use automated scripts, bots, or other tools to access or interact with the Service in an unauthorized manner.

Violation of this Acceptable Use Policy may result in immediate termination of your access to the Service without notice or refund.

DrumShell respects the intellectual property rights of others and expects its users to do the same. We operate in accordance with the Digital Millennium Copyright Act (DMCA) and other applicable copyright laws.

DrumShell acts as a neutral service provider that processes audio content at the direction of its users. DrumShell does not store, host, or make available any copyrighted audio content on a persistent basis. Audio data is processed transiently and automatically deleted after processing.

If you believe that your copyrighted work has been used through our Service in a way that constitutes copyright infringement, please send a DMCA takedown notice to hello@drumshell.app including:

• A description of the copyrighted work you claim has been infringed.
• A description of where the allegedly infringing material was accessed through the Service.
• Your contact information (name, address, telephone number, and email).
• A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.
• Your physical or electronic signature.

We will respond to valid DMCA notices and take appropriate action, which may include removing or disabling access to the allegedly infringing content and/or terminating the accounts of repeat infringers.

You agree to indemnify, defend, and hold harmless DrumShell, its owners, operators, officers, directors, employees, agents, affiliates, licensors, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) arising out of or relating to: (a) your use of the Service; (b) any User Content you process through the Service; (c) your violation of these Terms; (d) your violation of any third party’s rights, including intellectual property rights, privacy rights, or publicity rights; or (e) any claim that your User Content caused damage to a third party. This indemnification obligation shall survive termination of these Terms and your use of the Service.

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DRUMSHELL DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DRUMSHELL DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DRUMSHELL MAKES NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS, OR RELIABILITY OF THE SERVICE OR ANY CONTENT PROCESSED THROUGH IT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DRUMSHELL OR ITS OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF DRUMSHELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE EXTENT PERMITTED BY LAW, DRUMSHELL’S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO DRUMSHELL IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) TEN DOLLARS ($10.00 USD).

Certain features of the Service require a paid subscription. All subscriptions are managed through the Apple App Store or Google Play Store, and are subject to the respective store’s terms and refund policies. DrumShell does not directly process payments. Subscription fees are non-refundable except as required by applicable law or the policies of the applicable app store. You are responsible for managing your subscription, including cancellation.

DrumShell reserves the right to modify, update, or discontinue any part of the Service at any time, with or without notice. This includes:

• Mandatory Updates: We may require you to install updates to continue using the Service. Mandatory updates may be pushed automatically or may require action on your part.
• Feature Changes: We may add, modify, or remove features, functionality, or content from the Service at our sole discretion. We are not obligated to maintain or support any particular feature.
• Service Interruptions: Updates and maintenance may temporarily interrupt the availability of the Service.

Your continued use of the Service after any updates or modifications constitutes your acceptance of the updated Service. No refunds will be issued for subscription fees due to feature changes or modifications, except as required by applicable law or app store policies.

We reserve the right to suspend, restrict, or terminate your access to the Service at any time, without prior notice or liability, for any reason, including but not limited to violation of these Terms or any conduct we deem harmful to the Service or other users. Upon termination, your right to use the Service ceases immediately. All provisions of these Terms that by their nature should survive termination shall survive, including indemnification, limitation of liability, disclaimer of warranties, and dispute resolution provisions.

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the federal or state courts located in the State of California, and you hereby consent to the personal jurisdiction and venue of such courts.

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good faith negotiation between the parties for a period of thirty (30) days. If the dispute cannot be resolved through negotiation, it shall be finally resolved by binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA), with arbitration taking place in the State of California.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against DrumShell.

Notwithstanding the foregoing, DrumShell reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights.

If any provision of these Terms is held 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, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DrumShell regarding the Service and supersede all prior and contemporaneous agreements, proposals, representations, and communications, whether oral or written, between you and DrumShell regarding the Service.

We reserve the right to modify these Terms at any time. Material changes will be communicated through the Service or via the email associated with your account. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using the Service.

For questions about these Terms of Service, DMCA notices, or general support, contact us at hello@drumshell.app.