Last updated: August 20, 2025
1.Your Relationship With Us
Welcome to Tunee (the "Platform"), which is provided by QUSTAR TECHNOLOGY PTE. LTD. or one of its affiliates ("Tunee", "we" or "us").
You are reading the Terms of Service (the "Terms"), which govern the relationship and serve as an agreement between you and us and set forth the terms and conditions by which you may access and use the Platform and our related websites, services, applications, games, products and content (collectively, the "Services"). For purposes of these Terms, "you" and "your" means you as the user of the Services.
The Terms form a legally binding agreement between you and us. If you do not agree to be bound by all of these Terms, do not access or use the Platform or our Services. Please take the time to read these Terms carefully.
Special Notices：By using our Services, or by clicking on "Sign Up" during the registration process, you agree to all terms of this Agreement. We, at our sole discretion, may revise this Agreement from time to time, and the current version will be found at the following link: About us>Terms of Service. By continuing to avail our Services, you agree to be bound by the revised Agreement.
You may only use our Services if you have reached the minimum age in your country or region. Otherwise, you are restricted from signing this Agreement and using Tunee according to the applicable laws and regulations in your country or region. You may not falsely claim you have reached the minimum age.
You shall be solely responsible for the safekeeping of your Tunee account and password. All behaviors and activities conducted through your Tunee account will be deemed as your behaviors and activities for which you shall be solely responsible.
2．The Platform Services
2.1 Services Content
We will provide the following service for you:
i. Artificial Intelligence Generated Content
Tunee provides a service (the "Services") that makes use of artificial intelligence to help user create their own soundtracks.
ii. Help you discover content, products and services that may be of interest.
We show you ads, offers and other sponsored content to help you discover more content, products and services.
iii. Combat harmful conduct and protect and support our community.
We employ dedicated teams around the world and develop advanced technical systems to detect misuse of our Services, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, removing or restricting access to certain features, disabling the account, or contacting law enforcement.
We will do our best to provide stable, safe and reliable services, but in the process of use may be affected by unpredictable factors. Please understand that if these situations occur, we will do our best to provide a solution.
2.2 Service mode
You can register an account through our official Platform and use the various features and services we offer. If you attempt to use our Services through an unofficial version of the Services Software or the Services Website, the loss you suffer as a result is independent of us. When you create an account, you must provide accurate and up-to-date information. Please be sure to maintain and promptly update your details and any other information you provide to us in order to keep such information up to date and its integrity.
In order to better improve user experience and services, we will update the service software from time to time (including but not limited to software modification, upgrade, function enhancement, development of new services, software replacement, etc.). You have the right to choose to accept the updated version or services, if you do not accept, some features will be limited or no longer available. In order to provide a better user experience, we may offer upgraded, customized or personalized services, which may require additional fees. Before using these services, we will obtain your express consent in advance. If you choose to decline to pay the relevant charges, we shall not be bound to provide such paid-for Services to you.
You understand that in order to use the Platform Services, you need to prepare terminal devices (such as mobile phones and other devices) related to the Services and its software, and once you enable the Services Software in its terminal devices, it is deemed that you have used the Services Software and corresponding services. In order to fully realize the full functions of the platform services, you need to connect its terminal equipment to the network and bear the required costs (such as traffic fees, Internet access fees, etc.).
2.3 Change, interruption and termination of Services
The Platform Services and its software/website contain information or links to information content obtained by the Platform in various lawful ways, as well as other individual services lawfully operated by the Platform. These services may exist as separated sections within the Platform Services and its software.
You understand and agree that the Platform reserves the right to increase, decrease or change the Settings and services of these special sections from time to time in order to meet the needs of the overall operation; the right to modify, discontinue, or terminate the Platform Services and its Software from time to time without being responsible or liable for any damages to the User.
We reserve the right to remove, delete, cancel, edit, change, modify, or block all or any part of your content for any reason without prior notice to you. Platform services may sometimes be disrupted due to scheduled repairs or updates, emergency repairs, failures of communication links and equipment, or for any other reason. In this case, we will not be liable to you for any modification, suspension, failure, deactivation or discontinuance of any of the Platform Services, or for the loss of your content, or for any other form of damages.
Geographical restrictions: We do not intend for the information provided by the Platform Services to be distributed or used by any person or entity in a jurisdiction or country where the distribution or use of such information is illegal. We reserve the right at any time, in our sole discretion, to restrict access to all or part of the Platform Services and its software for any person, territory or jurisdiction. If your use of the Services is not permitted under your applicable laws and regulations, you must stop using the Services and deactivate your account.
Unless expressly authorized in advance in writing by the Platform, you may not make any unauthorized access to or use of the Platform Services, its software and website in any form, including but not limited to adaptation, reproduction, dissemination, vertical search or transaction.
3．Your Account with Us
You may not create an account for anyone other than yourself without the consent or full authorization of the person who has the right to do so. The ownership and related rights and interests of your registered account on the Platform are all owned by the Platform, and you only enjoy the right to use the account after completing the registration procedures. Your account is only for your own use, and without the written consent of the Platform, it is prohibited to donate, borrow, rent, transfer, sell or otherwise license others to use the account in any form. If the Platform reasonably believes that multiple people use the same account, the Platform has the right to immediately block the user's account without notice and without any legal responsibility. You shall bear all legal responsibilities for the activities engaged in with your registered account, including but not limited to any information modification, speech publication, payment and other operations conducted by you on the Platform.
You understand and promise that the account you create shall not violate applicable laws and regulations and the Terms, policies and norms of the Platform, and that there shall be no illegal or undesirable information in your account nickname, profile picture and other registration information and other personal information. Without the permission of others, you are not allowed to create an account in the name of others (including but not limited to using others' name, appellation, font size, avatar, etc., in a way that is enough to cause confusion), and you are not allowed to maliciously register an account (including but not limited to frequent registration, mass registration, etc.). The Platform reserves the right to review the registration information you submit.
We reserve the right to disable your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations.
It is important that you keep your account password confidential and that you do not disclose it to any third party. When you are finished, log out safely. If your account is stolen or lost due to your own reasons or other people's malicious attacks or other irresistible factors, you shall bear the responsibility, and the Platform shall not bear any responsibility. If you become aware of any unauthorized use of your account or any other security breach, you should immediately notify us. If the password of your bound third-party account (Facebook, Google, Tiktok or Apple, etc.) is leaked, it is recommended that you go to the third-party platform to retrieve the password; If the verification code of your mobile phone number is leaked/stolen, you should immediately notify us to cancel your personal account through service@tunee.ai , so as to avoid unnecessary disputes and losses. Any problems caused by not timely informing the official account cancellation shall be borne by yourself. You understand and acknowledge that the application for account cancellation can only identify whether the information provided by the requester is consistent with the system record information, and cannot identify whether the requester is the authorized user of the real account.
Each user can only apply for one Tunee account, and you can register the account: (1) by using the Email ; (2) through the third-party platform account that you legally own. If you use the Platform Services on behalf of a legal entity, you represent and warrant that you are fully authorized to sign contracts on behalf of the legal entity and that your right of representation continues to be valid.
You understand and agree that if you do not log in to your account for more than 2 consecutive years after registration, in order to avoid account theft and other related problems, we have the right to deactivate or delete your account at any time, and the virtual diamonds and other virtual items in your account will be invalid.
If you no longer want to use our Services again, you can request deletion of your account via service@tunee.ai and we will provide you with further assistance and guide you through the process. Once you choose to delete your account, you will not be able to reactivate your account or retrieve any of the content or information you have added.
4．Your Access to and Use of Our Services
Service Description: The Service is designed to process input data, information, and content that you provide in the form of information, data, text, music and other audio, photographs, graphics, messages, and other materials and mediums (collectively referred to as the "Submissions") and generate and return audio and other output based on those Submissions ("Output", and together with the Submissions, "Content").
User Conduct:You are solely responsible for any use of the Service and all Submissions that you make available to Tunee, including by uploading Submissions via the Service or by emailing or otherwise making available Submissions to other users of the Service, and for any Outputs that you generate via the Service. You assume all risk associated with Submissions, including the transmission thereof, and you have sole responsibility for the accuracy, quality, legality and appropriateness of Submissions. The posting of Content on the Service by users does not indicate any approval or endorsement by Tunee of such Content. Tunee is not responsible for, and disclaims, any and all liability in connection with Content or any act of accessing, browsing, contributing to or otherwise using the Service. In no event will you use the Output to compete with Tunee, including to create a competing product or service. The list below provides examples of the kinds of Submissions or uses that are illegal or prohibited by Tunee. Tunee reserves the right to investigate and take appropriate legal action against anyone who, in Tunee's sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:
create, upload, transmit, distribute, or store any content that is unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
impersonate any person or entity, falsely claim an affiliation with any person or entity, or access Tunee accounts of others without permission, forge another person’s identity, or content of information transmitted via the Services, or perform any other similar fraudulent activity;
defame, harass, abuse, threaten or defraud users of Tunee, or collect, or attempt to collect, personal information about users or third parties without their consent;Solicit personal information from anyone under the age of 18;post any private information, or otherwise harvest, collect or disclose email addresses or other information about another user or any other person without his or her express consent or for the purposes of sending unsolicited emails or other unsolicited communications;
upload any private information of any third party, including addresses, phone numbers, email addresses, number and feature in the personal identity document (e.g., National Insurance numbers, passport numbers) or credit card numbers;
make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof;
distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;
use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming;
interfere with or attempt to interfere with the proper working of the Services, disrupt our website or any networks connected to the Services, or bypass any measures we may use to prevent or restrict access to the Services;
use automated scripts to collect information from or otherwise interact with the Services
incorporate the Services or any portion thereof into any other program or product. In such case, we reserve the right to refuse service, terminate accounts or limit access to the Services in our sole discretion;
use the Services for any unlawful purpose or in violation of applicable laws or regulations, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.
impersonate any person or entity, or falsely state, imply or otherwise misrepresent your affiliation with any person or entity (including by generating, making available, promoting, labelling or otherwise using Output in a manner that suggests that such Output was created by or otherwise associated with an individual who was not the creator thereof);
imply that Tunee endorses any of your Submissions, Output, statements or positions;
use the Services (and any Output) to create, develop or improve any competing products or services or to power, enable or train other artificial intelligence and machine learning models, tools or technologies;
engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.
We reserve the right, at any time and without prior notice, to remove or disable access to content at our discretion for any reason or no reason. Some of the reasons we may remove or disable access to content may include finding the content objectionable, in violation of these Terms, or otherwise harmful to the Services or our users, or other contents that violate applicable laws and regulations. Tunee cannot be expected to monitor all the content all the time but will endeavor to take down offensive content when notified.
It is very important that you only upload, post, publish, or display (hereinafter, "upload(ing)") Submissions that you have rights to use and provide hereunder. By uploading any Submission, you represent and warrant that:you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to submit and use (and allow us to use) such Submission in connection with the Service, including for the purpose of generating your Output.no other licenses, permissions, consents or authorizations must be obtained from or payments made to any other person or entity by us (or any third party deriving any rights or obligations from us) arising out of or related to our use of your Submissions, including to create your Output and/or to train, develop, fine-tune or otherwise improve the Service and any related artificial intelligence or machine learning models.
5．Privacy
Your privacy is important to us. Please see our Privacy Policy for information relating to how we collect, use, and disclose your personal information, and how you can manage your online privacy when you use the Services.
6.Advertising
You understand and agree that the Platform reserves the right to display commercial advertising, promotions or information (including commercial or non-commercial information) from third party suppliers of the Platform on the Platform Services and its software/websites. You should make your own judgment of the authenticity and reliability of the advertising or promotional information and be responsible for your own judgment. Except as expressly provided by applicable laws and regulations, you shall be solely responsible for any damage or loss caused by the purchase or transaction of the advertising or promotional information or the aforementioned content, and the Platform shall not be liable for such damage or loss.
7.Virtual Items
You can only purchase Creation Point, if you have reached the legal age in your country or region.
Point Acquisition:You may acquire creation points by subscribing to a membership, or through daily login rewards, platform events, and other activities. Different membership plans provide varying amounts of points and additional benefits (e.g., higher-level plans may grant extra points or allow more simultaneous tasks). The specific details shall be subject to the announcements on the platform page.
Creation points have a validity period: points obtained from daily login are valid for 1 day, while points granted through membership are valid for 30 days starting from the membership activation date. If the rules change, the validity period of the points shall be subject to the latest announcement on the platform.
You understand and agree that in order to use certain features (such as generating music based on your input,and so on.) on the Platform, you must purchase Creation Point through a purchase channel approved by the official Platform. At the same time, you are strictly prohibited from obtaining Creation Point from other users under any circumstances, and all users of the Platform are prohibited from privately trading in cash, purchasing or selling Creation Point, trading or lending accounts. In case of violation, the Platform has the right to deactivate or delete your account, and you will no longer be able to obtain all your information through your account, including Creation Point and discount coupons in your account.
You will be responsible for the payment of any Creation Point purchased by you. Unless otherwise required by the applicable laws, no refund will be entertained after the virtual items has been purchased. If you cancel your order through the App Store after purchasing virtual items, we will take back the Creation Point you have used, and the various effects associated with using Creation Point will also be taken back.
You understand and agree that all the Creation Point you get from the Platform Services can only be used on the Platform and can not be exchanged for cash, or legal tender, or currency of any state, region, or any political entity, or any other form of credit.
8.Payment Terms
Fees: To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Tunee that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Tunee or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Tunee the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Tunee (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Tunee know within sixty (60) days after the date that Tunee charges you, or within such longer period of time as may be required under applicable law.
We reserve the right to change Tunee's prices. If Tunee does change prices, Tunee will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Tunee's option, at least fifteen (15) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Tunee's net income.
Subscription Renewals and Cancellations: You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on your subscription page and at the then-current rates, and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period. To avoid future subscription charges, you must cancel your subscription within the account interface of the Site or by telling us via email at service@tunee.ai that you want to cancel your subscription. Following any cancellation by you, you will continue to have access to the paid Service through the end of the subscription period for which payment has already been made.
Payment Processing: Notwithstanding any amounts owed to Tunee hereunder, Tunee DOES NOT PROCESS PAYMENT FOR ANY SERVICES. To facilitate payment for the Service via bank account, credit card, or debit card, we use Stripe, Inc. and its affiliates ("Stripe"), a third-party payment processor. These payment processing services are provided by Stripe and are subject to the Stripe terms and conditions and other policies available at https://stripe.com/legal and Stripe's Global Privacy Policy available at https://stripe.com/privacy (collectively, the "Stripe Agreements"). By agreeing to these Terms of Service, users that use the payment functions of the Service also agree to be bound by the Stripe Agreements, as the same may be modified by Stripe from time to time. You hereby authorize Stripe to store and continue billing your specified payment method even after such payment method has expired, to avoid interruptions in payment for your use of the Service. Please contact Stripe for more information. Tunee assumes no liability or responsibility for any payments you make through the Service.
Refunds and Cancellations: Payments made by you hereunder are final and non-refundable, unless otherwise determined by Tunee.
We accept certain credit cards, debit cards and/or such other payment methods we may make available to you from time-to-time through our site, as forms of payment. You are subject to all terms and conditions of the payment method you choose. By submitting an order through the Services, you authorize us, or our designated payment processor, to charge the account you specify for the purchase amount.
Our payment processing partners may request that you provide certain personal data (e.g., a valid government issued ID, your legal name, address, and date of birth) for the purpose of making payment through its financial institutions and complying with applicable laws and regulations.
If a purchase has been declined online due to issues with your payment method, please ensure all data is correct and resubmit. You can also contact customer support via service@tunee.ai in connection with the purchase.
9.Intellectual Property Rights
Exclusive Rights. We own the Site and the Services and are protected by proprietary rights and laws. Our trade names, trademarks and service marks include " Tunee " and any related logos. Trade names, trademarks, service marks and logos on the Site or Services that are not owned by us are the property of their respective owners. You may not use our trade names, trademarks, service marks or logos in connection with any product or service that is not ours, or in any manner that is likely to cause confusion. Nothing contained on the Site or in the Services should be construed as granting any right to use any trade name, trademark, service mark or logo without the express prior written consent of the owner.
Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of Tunee, its affiliates, and its licensors (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Tunee.
Service Content: You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Tunee or otherwise under these Terms of Service, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to Content that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
Third-Party Material: Under no circumstances will Tunee be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Tunee does not pre-screen content, but that Tunee and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Tunee and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Tunee, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
The content you submit (upload): You represent and warrant that you own all right, title and interest in and to Submissions, including all copyrights and rights of publicity contained therein,and that you possess all necessary rights or have obtained all consents necessary to grant Tunee the rights and licenses herein. By using the Service or otherwise transmitting Submissions to us, you grant to Tunee and our affiliates, successors, assigns, and designees a worldwide, non-exclusive, fully paid-up, sublicensable (directly and indirectly through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use, reproduce, store, modify, distribute, create derivative works based on, perform, display, communicate, transmit and otherwise make available any and all Content (in whole or in part) in any media now known or hereafter developed, in connection with the provision, use, monetization, promotion, marketing, and improvement of our products and services, including the Service and the artificial intelligence and machine learning models related to the Service. For the avoidance of doubt, this license authorizes us to make your Content available to and sublicense Content to other users of the Service as necessary to provide the Service, and you further grant to Tunee the worldwide, fully paid-up, sublicensable, assignable, perpetual and irrevocable right to identify to the public (both on and off the Service) that Output (or any of it) was generated via the Service. Such additional uses by Tunee and other users of the Service is made without compensation to you or any other provider of the Submissions with respect to the Content, as the use of the Service by you is hereby agreed as being sufficient compensation for the Content and grant of rights herein. Furthermore, and for the avoidance of doubt, you irrevocably waive any and all so-called "moral rights" or "droit moral" that may exist in or in connection with the Content. You acknowledge that to the extent that you include personally identifiable information in the Submissions, we may republish such information. Although Tunee has no obligation to monitor the Content, you acknowledge and agree that we may do one or all of the following: (i) monitor the Content; (ii) alter, edit, or remove any Content in whole or in part; or (iii) disclose any Content.
Subject to your compliance with these Terms of Service ,if you have subscribed to the Basic, Plus, or Pro paid tier of the Service, then during the term of your paid subscription, all rights, title, and interest in and to the content generated by the Service based on your submissions (“Output”) shall belong to you, and the Company shall not claim any ownership in such Output. You shall have the right to make any commercial or non-commercial use of the Output, including but not limited to producing it into records for release and sale, compiling it into albums for promotion and distribution, and posting and sharing it on social media platforms for publicity, profit-making, or other commercial activities. In view of the nature of machine learning, the Company makes no representation or warranty that any copyright will arise in or vest with respect to the Output.
If you are a user of the Free tier of the Service, you acknowledge and agree that all right, title, and interest in and to the content generated by the Service based on your submissions (the “Output”) are owned by Tunee (the “Platform”). The Platform grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Output solely for personal viewing and other non-commercial purposes, provided that each time you use the Output you clearly and reasonably attribute the source as “Source: Tunee” (or an equivalent attribution). Unless you obtain the Platform’s prior written consent, you may not use the Output for any commercial purpose, and you may not remove, obscure, or modify any ownership notices, marks, or attribution.
For the avoidance of doubt, Output may be publicly available in a third party application such as Discord, where it may be viewable, downloadable, and modified by other users of that third party application. If the Output becomes publicly available in such third-party application, you agree that other users have a right to access, display, view, store, modify, and copy such Output; provided, however, that you may change your settings to bypass these public sharing default settings so that Output generated will remain private.
Due to the nature of machine learning, Output may not be unique across users and the Service may generate the same or similar output for a third party. Other users may provide similar submissions and receive the same output. Output that is requested by and generated for other users is not your Content.
You hereby authorize Tunee and its third-party service providers to derive statistical and usage data relating to your use of the Service ("Usage Data"). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Policy.
Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service ("Feedback") provided by you to Tunee are non-confidential, and Tunee will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
You acknowledge and agree that Tunee may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Tunee, its users, or the public. You understand that the technical processing and transmission of the Service, including Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
Copyright Complaints: Tunee respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied on the Services in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Tunee of your infringement claim in accordance with the procedure set forth below.
Tunee will process and investigate notices of alleged infringement and will take appropriate actions under the applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Tunee's Email.
To be effective, the notification must be in writing and contain the following information:
a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.
Counter-Notice: If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in Content, you may send a written counter-notice containing the following information to the Copyright Agent:
your physical or electronic signature;
identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and
your name, address, telephone number, and email address.
If a counter-notice is received by the Copyright Agent, Tunee will send a copy of the counter-notice to the original complaining party informing them that Tunee may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against Tunee or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy:Tunee has adopted a policy of terminating, in appropriate circumstances and at Tunee's sole discretion, the accounts of users who are deemed to be repeat infringers. Tunee may also at its sole discretion limit access to the Service and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Third-Party Services and WebsitesThe Service may display, include, make available, or provide links or other access to services, sites, software, applications, content, data, technology, and resources that are provided or otherwise made available by third parties (the "Third-Party Services"). Additionally, you may enable or log in to the Service via various online Third-Party Services, such as social media and social networking services like Discord. Your access and use of the Third-Party Services may also be subject to additional terms and conditions, privacy policies, or other agreements with such third party, and you may be required to authenticate to or create separate accounts to use Third-Party Services on the websites or via the technology platforms of their respective providers. Some Third-Party Services will provide us with access to certain information that you have provided to third parties, including through such Third-Party Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating Third-Party Services and our use, storage and disclosure of information related to you and your use of such Third-Party Services within the Service, please see our Privacy Policy. Tunee has no control over and is not responsible for such Third-Party Services, including for the accuracy, availability, reliability, or completeness of information shared by or available through Third-Party Services, or on the privacy practices of Third-Party Services. We encourage you to review the privacy policies of the third parties providing Third-Party Services prior to using such services. You, and not Tunee, will be responsible for any and all costs and charges associated with your use of any Third-Party Services. Tunee enables these Third-Party Services merely as a convenience and the integration or inclusion of such Third-Party Services does not imply an endorsement or recommendation. Any dealings you have with third parties while using the Service are between you and the third party. Tunee will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third-Party Services.
11．Indemnification
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Tunee, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the "Tunee Parties") from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any Content or use thereof, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another, including through your generation or use of any Output. Tunee will provide notice to you of any such claim, suit, or proceeding. Tunee reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Tunee's defense of such matter. You may not settle or compromise any claim against the Tunee Parties without Tunee's written consent.
12. Disclaimers
You shall be fully responsible for any risks involved in using Tunee Services. Any use or reliance on Tunee Services will be at your own risk.
Under no circumstance does Tunee guarantee that the Services will satisfy your requirements, or guarantee that the Services will be uninterrupted. The timeliness, security and accuracy of the Services are also not guaranteed. You acknowledge and agree that the Services is provided by Tunee on an "as is" basis. Tunee make no representations or warranties of any kind express or implied as to the operation and the providing of such Services or any part thereof. Tunee shall not be liable in any way for the quality, timeliness, accuracy or completeness of the Services and shall not be responsible for any consequences which may arise from your use of such Services.
Tunee does not guarantee the accuracy and integrity of any external links that may be accessible by using the Services and/or any external links that have been placed for the convenience of you. Tunee shall not be responsible for the content of any linked site or any link contained in a linked site, and Tunee shall not be held responsible or liable, directly or indirectly, for any loss or damage in connection with the use of the Services by you. Moreover, Tunee shall not bear any responsibility for the content of any webpage that you are directed via an external link that is not under the control of Tunee.
Tunee shall not bear any liability for the interruption of or other inadequacies in the Services caused by circumstances of force majeure, or that are otherwise beyond the control of Tunee. However, as far as possible, Tunee shall reasonably attempt to minimize the resulting losses of and impact upon you.
13．LIMITATION OF LIABILITY
NOTHING IN THESE TERMS SHALL EXCLUDE OR LIMIT OUR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. THIS INCLUDES LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR EMPLOYEES, AGENTS OR SUBCONTRACTORS AND FOR FRAUD OR FRAUDULENT MISREPRESENTATION.
SUBJECT TO THE PARAGRAPH ABOVE, WE SHALL NOT BE LIABLE TO YOU FOR:
(I)ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY); (II) ANY LOSS OF GOODWILL;
(III) ANY LOSS OF OPPORTUNITY;
(IV) ANY LOSS OF DATA SUFFERED BY YOU;
(V) ANY INDIRECT OR CONSEQUENTIAL LOSSES WHICH MAY BE INCURRED BY YOU; OR
(VI) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF
PLEASE NOTE THAT WE ONLY PROVIDE OUR PLATFORM FOR DOMESTIC AND PRIVATE USE. YOU AGREE NOT TO USE OUR PLATFORM FOR ANY COMMERCIAL OR BUSINESS PURPOSES, AND WE HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY.
IF DEFECTIVE DIGITAL CONTENT THAT WE HAVE SUPPLIED DAMAGES A DEVICE OR DIGITAL CONTENT BELONGING TO YOU AND THIS IS CAUSED BY OUR FAILURE TO USE REASONABLE CARE AND SKILL, WE WILL EITHER REPAIR THE DAMAGE OR PAY YOU COMPENSATION. HOWEVER, WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.
THESE LIMITATIONS ON OUR LIABILITY TO YOU SHALL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICES, INCLUDING TEXT-MESSAGING AND DATA CHARGES. IF YOU’RE UNSURE WHAT THOSE CHARGES MAY BE, YOU SHOULD ASK YOUR SERVICE PROVIDER BEFORE USING THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER OR OTHER USER, IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
14. Changes to the Terms
We amend these Terms from time to time, for instance when we update the functionality of our Services, when we combine multiple apps or services operated by us or our affiliates into a single combined service or app, or when there are regulatory changes. We will use commercially reasonable efforts to generally notify all users of any material changes to these Terms, such as through a notice on our Platform, however, you should look at the Terms regularly to check for such changes. We will also update the "Last Updated" date at the top of these Terms, which reflects the effective date of such Terms. Your continued access to or use of the Services after the date of the new Terms constitutes your acceptance of the new Terms. If you do not agree to the new Terms, you must stop accessing or using the Services.
15. Viruses
We do not guarantee that the Platform and our Services will be secure or free from bugs, viruses, "Trojan Horses", or any other type of malicious code, file or programme, although we deploy reasonable security measures.
You are responsible for configuring your information technology, computer programmes and platform to access our Services. You should use your own virus protection software.
You must not misuse our Services and the Platform by knowingly uploading any content that contains a software virus, a "Trojan Horse" or any other computer code, file or programme that may alter, damage or interrupt the functionality of the Platform or the hardware or software of any person who accesses the Platform and you must take reasonable precautions to ensure that any such uploaded content is screened for such things.
You must not attempt to gain unauthorized access to the Platform, the server on which the Platform is stored or any server, computer or database connected to our Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform and our Services will be ceased immediately.
16.Applicable Laws and Jurisdiction
The Terms, their subject matter and their formation, are governed by the laws of Republic of Singapore. Any dispute arising out of or in connection with these Terms, including any question regarding existence, validity or termination of these Terms, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre ("SIAC") in accordance with the Arbitration Rules of SIAC("SIAC Rules") for the time being in force. The seat of the arbitration shall be Singapore. The Tribunal shall consist of three (3) arbitrators. The language of the arbitration shall be English.
17.Other Terms
This Agreement constitutes the entire agreement of agreed items and other relevant matters between both parties. Other than as stipulated by this Agreement, no other rights are vested in either Party to this Agreement.
If any court of law, having jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, and the remaining provisions of the Terms will continue to be valid and enforceable.
Our failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right.
If you have any questions or concerns, please do not hesitate to contact us via service@tunee.ai.
Company Name:QUSTAR TECHNOLOGY PTE. LTD.
Registered Address:3 FRASER STREET #04-23A DUO TOWER SINGAPORE (189352)