These Terms of Service (“Terms”) govern your access to and use of ALCHMY, including the ALCHMY website, desktop application, beta software, related services, features, and communications (collectively, the “Service”).
The Service is provided by Electropreneurs LLC, a California limited liability company located at 4460 Bermuda Dunes Place, Oceanside, CA 92057 (“ALCHMY,” “we,” “us,” or “our”).
Please read these Terms carefully. By accepting these Terms, creating or using an ALCHMY account, accessing the Service, or using the Service, you agree to these Terms.
Our Privacy Policy explains how we collect, use, disclose, retain, and otherwise process personal information in connection with the Service, including what leaves your computer when you use ALCHMY, and is incorporated into your use of ALCHMY as applicable.
If you do not agree to these Terms, do not access or use the Service.
1. Eligibility
You must be at least 18 years old and legally capable of entering into a binding agreement to use ALCHMY.
If you use ALCHMY on behalf of a company or other organization, you represent that you have authority to bind that organization to these Terms. In that case, “you” includes that organization where appropriate.
Closed-beta releases of ALCHMY are available only to people we have specifically invited, who live in a country where we have made ALCHMY available. Today that is the United States. When you accept these Terms you tell us the country (and, in the United States, the state) where you live; you represent that this is accurate, and you agree to tell us if it changes. We may decline or end access for a residence we have not made ALCHMY available in.
2. Your Account and Your Acceptance
Certain features require an ALCHMY account, which we create for invited participants.
You agree to provide accurate information, maintain the security of your account credentials, and promptly notify us if you believe your account has been compromised.
Your account is personal to you unless we expressly authorize otherwise. You may not sell, transfer, share, or provide another person with access to an account, installer, download link, or beta invitation intended specifically for you.
During the closed beta you accept these Terms and the Privacy Policy by replying to our invitation email, from the email address we use for your account, with the acceptance statement the invitation describes. That reply is a binding acceptance of the version of these Terms and the Privacy Policy in force on the date of your reply, and we keep it as the record of your acceptance. We may also offer other ways to accept in the future, such as a checkbox on the website or in the application.
We use account, installation, entitlement, and acceptance records to determine whether a particular person or installation is authorized to use the Service. ALCHMY’s service checks, on every request, that your account has accepted the current version of these Terms and the Privacy Policy and that your declared residence is in a country where ALCHMY is available; if not, ALCHMY’s AI features (typed requests, Voice, and quick commands) refuse to work until you accept the current version.
You are responsible for activity conducted through your account to the extent permitted by applicable law.
3. License to Use ALCHMY
Subject to these Terms, we grant you a limited, personal, revocable, non-exclusive, non-transferable, and non-sublicensable license to install and use ALCHMY for its intended purposes: assisting you in making music in Ableton Live.
This license does not transfer ownership of ALCHMY or any of our technology to you.
Except where applicable law prohibits the restriction, you may not:
- copy, sell, rent, sublicense, distribute, or commercially exploit ALCHMY except as expressly authorized by us;
- attempt to bypass authentication, entitlement, acceptance, residence, security, rate-limit, spending-limit, release-cohort, or other access controls;
- interfere with or disrupt the Service or infrastructure supporting it;
- use ALCHMY to gain unauthorized access to another system or person’s information;
- introduce malicious code or intentionally harmful content;
- reverse engineer, decompile, or attempt to derive source code from portions of the Service except to the extent such restrictions are prohibited by applicable law;
- use automated means to access the Service in a manner that materially exceeds or circumvents its intended operation; or
- use ALCHMY in violation of applicable law or the rights of another person.
Open-source components and third-party software included with ALCHMY may be governed by their respective licenses, which are included with the software.
3.1 Factory Sounds
ALCHMY ships with sample packs (“Factory Sounds”). To the extent Electropreneurs LLC owns a Factory Sound or holds the rights needed to grant this license, we grant you a non-exclusive, worldwide, royalty-free license to use that Factory Sound, as it is and as modified, in your own musical works, including commercial releases, for as long as these Terms allow you to use ALCHMY and afterwards for works you created while they did. You may not redistribute the Factory Sounds on their own, or as part of a sample pack, library, or similar product, whether or not modified, and you may not use them to train a machine-learning model. If we learn that a Factory Sound is not covered by this license, we will remove it from ALCHMY and tell you.
4. Your Creative Work Belongs to You
You retain ownership of your music and creative work.
We do not acquire ownership of your songs, recordings, compositions, stems, MIDI, Ableton Live Sets, samples, project files, or other creative works because you use ALCHMY.
To provide the Service, ALCHMY reads information from your Ableton Live Set and your sample library, sends the parts needed to answer your request to ALCHMY’s service and its AI providers, and, when you ask, writes changes into your Live Set. You grant us a limited, non-exclusive license to access, transmit, process, reproduce, modify, and otherwise use that content only as reasonably necessary to provide, maintain, secure, support, and improve the Service as permitted by these Terms and our Privacy Policy.
This operational license does not transfer ownership of your creative work to ALCHMY.
As between you and us, what ALCHMY creates or changes in your Live Set at your request (for example MIDI patterns, arrangements, device settings, or placed samples) is yours to use, subject to Section 6 and to the terms of any third-party content involved.
You represent that you have the rights necessary to provide any content you submit to the Service, including the content of your Live Sets and sample libraries and anything captured in a spoken request, and to authorize the processing necessary to provide the Service.
5. AI, Product Improvement, and Model Development
ALCHMY uses artificial intelligence and machine-learning technologies to provide portions of the Service.
We also want to improve ALCHMY over time. Different types of information require different treatment.
5.1 Product Interaction Data
Subject to applicable law and our Privacy Policy, we may use product-interaction data to operate, analyze, evaluate, develop, and improve ALCHMY and related technologies.
Product-interaction data means operational information about how you interact with ALCHMY: which features you use and when, request timings, outcomes and error categories, and feedback or ratings you give us about ALCHMY itself. It does not include the text of your prompts or spoken requests, the details of your Live Set, your sample names or file locations, or any other creative material contained in your requests, in ALCHMY’s answers, or in ALCHMY’s records of your sessions.
These improvement activities do not include training or fine-tuning machine-learning models. If we ever want to use any information from your use of ALCHMY, including prompts, transcripts, interaction records, or product-interaction data, to train or fine-tune a model, we will first update these Terms and the Privacy Policy, give you notice, and obtain your separate authorization where required. Your acceptance of these Terms is not that authorization.
Nothing in this section overrides rights or choices provided to you under applicable privacy law or our Privacy Policy.
5.2 Creative Assets
Your use of ALCHMY does not give us permission to use your audio recordings, stems, MIDI, Ableton Live project files, samples, or other creative works, or the creative material embedded in your prompts, spoken requests, Live Set details, and ALCHMY’s records of your sessions, as training material for generative AI models.
If we want to use any of those materials for such a purpose in the future, we will seek your separate, affirmative authorization rather than relying on your acceptance of these Terms.
5.3 Spoken Requests and Detailed Project Context
For the current version of the Service, we do not use your spoken recordings, their transcripts, or the detailed project context ALCHMY sends with a request as training material for ALCHMY’s models.
If we propose materially changing this practice in the future, we will provide appropriate notice and obtain authorization where required by applicable law.
5.4 Current Training Practices
Today no information from your use of ALCHMY is used to train or fine-tune any model, and the closed-beta software sends no usage telemetry or crash reports. Our current data practices are described in our Privacy Policy.
6. AI-Generated Information and Automated Changes to Your Live Set
6.1 AI Output
ALCHMY uses probabilistic artificial-intelligence systems. Outputs may be incomplete, inaccurate, inappropriate for your project, or different from what another producer or professional would recommend.
You are responsible for evaluating ALCHMY’s recommendations and the changes it makes before relying on them.
ALCHMY does not guarantee that a recommendation, analysis, generated response, technical suggestion, musical judgment, change to your Live Set, or other output will be accurate, unique, commercially successful, compatible with your project, or appropriate for your intended use.
Similar or identical outputs may be provided to different users. To the extent permitted by applicable law, ALCHMY does not represent that AI-generated output is eligible for copyright or other intellectual-property protection.
6.2 ALCHMY Changes Your Live Set When You Ask
ALCHMY makes changes directly in your open Ableton Live Set when you ask it to, by typing or by voice, and there is no separate approval step before it does. Changes can include adding, editing, or removing tracks, clips, MIDI notes, devices and their settings, mixer settings, arrangement markers, and samples. Quick commands act on the track selected in Live, or on the track you name.
ALCHMY reports what it changed. You are responsible for reviewing those changes. ALCHMY has no undo of its own: to take a change back, use Live’s Edit ▸ Undo (Cmd+Z). One request can produce several Undo steps, so you may need to undo more than once; Live’s Undo history belongs to the open Set and is lost when you close it; Undo does not remove sample files ALCHMY copied into your Ableton User Library; and if ALCHMY stops part-way through a change, the completed steps remain in your Set until you undo them. Pre-release software can make mistakes, misunderstand a request, or fail part-way through a change, so work on a copy of any Set you care about, save before you ask for changes, and keep backups (Section 8.5). Neither ALCHMY nor we can restore work that you have not saved or backed up.
7. Third-Party Services and AI Providers
ALCHMY relies on third-party infrastructure and services to operate portions of the Service, including cloud hosting, authentication, database, email, software-distribution, and artificial-intelligence providers. The Privacy Policy names them.
When you use ALCHMY, your requests, the details of your Live Set that ALCHMY reads, and, when you use Voice, your spoken recordings are processed by these providers on our behalf as described in the Privacy Policy. Our current AI providers are OpenAI (answers and speech-to-text) and TypeSafe AI, Inc. (recognizing quick commands).
You agree not to use ALCHMY to send content to those providers that you do not have the right to share or that their usage policies prohibit, including content that is unlawful, that infringes another person’s rights, or that is intended to harm others. Their usage policies are published on their websites (openai.com/policies and typesafe.ai/legal).
Third-party products and services may also have their own terms and policies.
ALCHMY is designed to work with certain third-party software, including Ableton Live. ALCHMY is not affiliated with, endorsed by, or sponsored by Ableton unless expressly stated otherwise. “Ableton” and related names and marks belong to their respective owners.
8. Closed Beta and Pre-Release Services
Certain versions of ALCHMY may be offered as a private, closed, experimental, preview, early-access, or beta release (“Beta Service”).
If you are participating in a Beta Service, this section applies in addition to the rest of these Terms.
8.1 Experimental Nature
Beta Services are pre-release software.
They may contain bugs, incomplete functionality, compatibility issues, inaccurate outputs, interruptions, performance problems, or other defects.
Features may be added, removed, restricted, redesigned, or disabled during the beta, including by changes to ALCHMY’s service that take effect without a new version of the application.
Participation does not guarantee access to any future feature, commercial product, subscription, release, pricing plan, or generally available version of ALCHMY.
8.2 The Current Closed Beta
The current closed beta (“Ring 0”) is a small, invitation-only program run by Electropreneurs LLC. In it, ALCHMY:
- reads your open Ableton Live Set through the AlchmyBridge Control Surface script and your sample library, and sends what a request needs to its AI providers;
- makes the changes you ask for directly in your Live Set (Section 6.2);
- lets you speak requests, by push-to-talk or the Record button, and sends those recordings to OpenAI to turn them into text (Section 9);
- recognizes a few quick commands with the help of TypeSafe (Section 9); and
- checks for and offers software updates, which install only when you choose.
Daily usage limits apply to your account and are shared by typed requests, spoken requests, and quick commands; they reset at midnight UTC. We may change the limits, the AI models used, the countries served, and the features available at any time during the beta.
8.3 Beta Access
Beta participation is discretionary and may be limited by user, account, device, installation, residence, release cohort, or other criteria.
You may not redistribute a private beta build, installer, download link, invitation, credential, access token, or other restricted beta material without our permission.
We may suspend, revoke, or discontinue beta access at any time, subject to applicable law.
8.4 No Service-Level Commitment
Unless we expressly agree otherwise in writing, Beta Services do not include any guaranteed uptime, response time, support level, feature availability, data-recovery commitment, or service-level agreement.
8.5 Protect Your Projects
ALCHMY writes to your Live Set, and pre-release software can behave unexpectedly.
You must maintain appropriate backups of important projects, work on copies of Sets you care about, save your work before and after asking ALCHMY to make changes, and follow ordinary production practices for protecting valuable work. You remain responsible for reviewing the changes ALCHMY makes and for maintaining backups appropriate to your workflow.
8.6 Your Name and Your Work
We will not use your name, likeness, screenshots or recordings of your work, your music, or statements you make about ALCHMY in public materials, such as marketing, case studies, or testimonials, without your separate permission. Section 10 (Feedback) does not change this: a license to use your feedback about ALCHMY is not permission to publish your name or your music.
9. Voice, Recording, and Quick Commands
9.1 Voice
ALCHMY records from your microphone only while you hold the push-to-talk key (Right Command, with Ableton Live in front) or between clicking Record and Stop, and only when Voice is available for your account. Recordings are sent through ALCHMY’s service to OpenAI to be turned into text and are not kept by ALCHMY; the Privacy Policy describes this in detail.
By accepting these Terms you agree that, when you hold the push-to-talk key or click Record, ALCHMY may record what you say and send the recording to OpenAI to turn it into text. That is your own agreement to being recorded; it does not provide consent on behalf of anyone else.
Anything the microphone picks up while ALCHMY is listening, including other people’s voices, becomes part of the recording. You agree not to record other people without their permission, to obtain any consent that the recording laws applicable to you and to them require before you use Voice where others may be heard, and not to use Voice where recording is not permitted. You are responsible for complying with the recording laws that apply to you and to the people around you.
9.2 Quick Commands
Requests that are not exact quick-command phrasings are sent, as text, to TypeSafe AI, Inc. to check whether they are a quick command. A recognized quick command acts on the track selected in Live, or on the track you name, without waiting for the full assistant. If the request is ambiguous, the full assistant handles it instead. The Privacy Policy describes what TypeSafe receives.
9.3 Keyboard Permission
Push-to-talk requires macOS’s Input Monitoring permission, which ALCHMY requests only after you turn push-to-talk on. ALCHMY uses it only to detect whether Right Command is held and whether another key or mouse button is pressed at the same time; it does not receive what you type. You may leave push-to-talk off and use the Record button, or type, instead.
10. Feedback
We welcome feedback about ALCHMY.
If you voluntarily provide suggestions, ideas, bug reports, feature requests, evaluations, comments, or other feedback about the Service (“Feedback”), you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, modify, develop, distribute, commercialize, and otherwise use that Feedback for any lawful purpose without compensation or attribution to you.
This Feedback license applies to your ideas and feedback about ALCHMY. It does not transfer ownership of music, recordings, project files, or other creative assets that you may provide incidentally with a support or feedback submission.
Please avoid sending creative material that is unnecessary to explain the issue.
11. Intellectual Property
ALCHMY and its software, interfaces, designs, branding, documentation, technology, models, systems, Factory Sounds, and other materials are owned by Electropreneurs LLC or its licensors and are protected by applicable intellectual-property laws.
Except for the limited rights expressly granted in these Terms, we and our licensors reserve all rights in the Service.
“ALCHMY” and associated branding may not be used in a manner that suggests endorsement, affiliation, or sponsorship without our permission.
12. Privacy
Our Privacy Policy explains how we process personal information in connection with ALCHMY.
Acceptance of these Terms does not constitute consent to every possible use of personal information. Where applicable law requires separate consent or provides you with particular privacy rights, we will handle those matters as described in the Privacy Policy and applicable notices.
Your acceptance does include your agreement to the recording of your spoken requests described in Section 9.1. Optional permissions, including any future permission to use particular creative assets for AI training, will be presented separately from acceptance of these Terms.
13. Software Updates and Changes to the Service
We may update, modify, replace, suspend, restrict, or discontinue portions of ALCHMY.
Updates may be required for security, compatibility, reliability, legal compliance, or continued access to the Service. ALCHMY checks for updates automatically and offers them to you; an update installs only when you choose to install it.
Pre-release versions may change frequently and without the stability expected from generally available software.
Where required by law or where a change materially affects your rights or obligations, we will provide appropriate notice.
14. Fees
The closed beta is provided without charge.
We may introduce paid products, subscriptions, usage-based pricing, credits, or other fees in the future. We will disclose applicable charges before charging you.
Your participation in a free beta does not guarantee free access to future versions of ALCHMY.
Any additional payment, renewal, cancellation, or refund terms applicable to a paid offering will be presented before you purchase that offering.
15. Suspension and Termination
You may stop using ALCHMY at any time.
We may suspend or terminate your access if:
- you materially violate these Terms;
- your use creates a security, legal, operational, or safety risk;
- we reasonably suspect unauthorized or fraudulent activity;
- your beta participation or entitlement ends;
- you have not accepted the current version of these Terms or the Privacy Policy, or your declared residence is outside the countries where ALCHMY is available;
- we discontinue the relevant Service; or
- suspension or termination is otherwise reasonably necessary to protect ALCHMY, our users, third parties, or the Service.
Where appropriate and reasonably practicable, we may provide notice before termination.
Termination of your account does not cause information stored locally on your computer to be deleted, and it does not change your Live Sets. The Privacy Policy explains applicable data-retention and deletion practices.
Sections that by their nature should survive termination, including intellectual-property provisions, the Factory Sounds license for works you already created, Feedback rights, disclaimers, limitations of liability, indemnification, and dispute provisions, will survive.
16. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALCHMY AND THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
ELECTROPRENEURS LLC AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, AND ERROR-FREE OPERATION.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, COMPATIBLE WITH EVERY COMPUTER, OPERATING SYSTEM, DAW, PLUGIN, PROJECT, OR CONFIGURATION, THAT CHANGES ALCHMY MAKES TO A LIVE SET WILL BE CORRECT OR REVERSIBLE, OR THAT DEFECTS WILL BE CORRECTED.
WE DO NOT GUARANTEE ANY PARTICULAR CREATIVE, TECHNICAL, COMMERCIAL, FINANCIAL, OR PROFESSIONAL RESULT FROM USING ALCHMY.
Some jurisdictions do not permit certain warranty exclusions, so some of these exclusions may not apply to you.
17. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ELECTROPRENEURS LLC AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, CREATIVE WORK, PROJECT FILES, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, INCLUDING CHANGES ALCHMY MAKES TO A LIVE SET AT YOUR REQUEST.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:
- THE AMOUNT YOU PAID TO ALCHMY FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
- US $100.
These limitations apply regardless of the theory of liability and even if we were advised that damages were possible.
The limitations do not apply to liability that cannot lawfully be limited or excluded.
18. Indemnification
To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Electropreneurs LLC and its affiliates, officers, employees, contractors, agents, and licensors from claims, damages, liabilities, losses, and reasonable costs arising from:
- your material violation of these Terms;
- your unlawful use of the Service, including recording another person without the permission the law requires;
- content you submit where you lack the rights necessary to submit or use it; or
- your infringement or violation of another person’s rights through your use of the Service.
We reserve the right to control the defense of a matter subject to indemnification, and you agree to reasonably cooperate with us.
This section does not require you to indemnify us for our own unlawful conduct or to the extent such an obligation is prohibited by applicable law.
19. Governing Law and Disputes
These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles.
Subject to rights that cannot be waived under applicable law, any dispute arising out of or relating to these Terms or the Service will be brought in the state or federal courts with jurisdiction over San Diego County, California, and you and Electropreneurs LLC consent to personal jurisdiction and venue in those courts.
Nothing in these Terms deprives you of protections or rights that cannot lawfully be waived under the laws applicable to you.
Before filing a formal legal action, we encourage you to contact us so that we can attempt to resolve the dispute informally.
These Terms do not currently require individual arbitration or waive participation in a class action.
20. International Users
ALCHMY is operated from the United States. During the closed beta it is available only to residents of the countries we list when you accept these Terms (today, the United States). We may make it available in other countries later, and we will tell you when we do.
You are responsible for complying with laws applicable to your use of the Service.
Certain consumer, privacy, contractual, or other rights applicable in your jurisdiction may not lawfully be waived. Nothing in these Terms is intended to limit rights that applicable law requires you to retain.
Information is processed in the United States as described in our Privacy Policy.
21. Changes to These Terms
We may update these Terms as ALCHMY evolves.
When we make changes, we will update the effective date and version shown at the top of the published Terms.
If a change materially affects your rights or obligations, we will provide appropriate notice and, where appropriate or legally required, request that you accept the updated Terms before continuing to use affected portions of the Service.
Your continued use following an update will have the effect permitted by applicable law and the notice provided with that update.
For closed-beta participants, we require affirmative re-acceptance of a new version before the features covered by that version continue to work; ALCHMY’s service checks the version you accepted.
22. Electronic Communications
You agree that we may provide agreements, notices, disclosures, and other communications relating to your account or the Service electronically, including through ALCHMY, the website, or email, where permitted by law, and that your email replies to us have the effect described in Section 2.
Marketing communications, where used, will be handled separately from communications necessary to operate your account or provide the Service.
23. General Terms
These Terms, together with any additional terms expressly incorporated into them, constitute the agreement between you and Electropreneurs LLC concerning your use of the Service.
If a provision of these Terms is found unenforceable, the remaining provisions will remain in effect to the extent permitted by law.
Our failure to enforce a provision is not a waiver of our right to do so later.
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, corporate restructuring, or transfer of the ALCHMY business, subject to applicable law.
Headings are for convenience only and do not affect interpretation.
Nothing in these Terms creates an employment, agency, partnership, joint venture, fiduciary, or franchise relationship between you and Electropreneurs LLC.
24. Contact
Questions about these Terms, and privacy questions or requests, may be sent to:
Electropreneurs LLC
4460 Bermuda Dunes Place
Oceanside, CA 92057
United States
Email: support@alchmy.io
This address is monitored by Electropreneurs LLC.
25. Changes in Version 1.1
Version 1.1 replaces version 1.0, which described an earlier design of ALCHMY that only advised and could not change a Live Set, and which was never published or accepted by anyone. The material changes are: ALCHMY now makes changes to your Live Set when you ask (Sections 6.2, 8.2, 8.5); Voice, your agreement to the recording of spoken requests, and your responsibility toward other people who may be recorded (Section 9); quick commands and the provider TypeSafe (Sections 7 and 9.2); the Factory Sounds license (Section 3.1); eligibility by declared country of residence and how acceptance is recorded and checked for every AI feature (Sections 1, 2, 15, 21); a narrower product-improvement provision that excludes creative material and requires notice and separate authorization before any model training (Section 5); a commitment not to use your name or work publicly without your permission (Section 8.6); and a single contact address.