Terms of Service

Last updated: July 10, 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 may 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 mobile phone number ; (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

Your access to and use of the Services are subject to these Terms and all applicable laws and regulations. You may not:

i.create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;

ii.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;

iii. 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;

iv.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;

v.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;

vi.distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;

vii.market, rent or lease the Services for a fee or charge, or use the Services to advertise or perform any commercial solicitation;

viii.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;

ix.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;

x.use automated scripts to collect information from or otherwise interact with the Services

xi.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;

xii.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.

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.

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 Credit. if you have reached the legal age in your country or region.

You understand and agree that in order to use certain features (such as voice to music, etc.) on the Platform, you must purchase Creation Credit through a purchase channel approved by the official Platform. At the same time, you are strictly prohibited from obtaining Creation Credit from other users under any circumstances, and all users of the Platform are prohibited from privately trading in cash, purchasing or selling Creation Credit, 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 Credit and discount coupons in your account.

You will be responsible for the payment of any Creation Credit 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 Credit you have used, and the various effects associated with using Creation Credit will also be taken back.

You understand and agree that all the Creation Credit 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

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

9.1 Tracks. Registered Users who agree to this Agreement may use Tunee's services and features to generate music and sound effects, subject to your exercise of creative control. You expressly acknowledge and agree that the AI Music generated by you using Tunee, including the recordings thereof and any musical compositions contained therein ("Your AI Music"), shall be the exclusive property of Tunee and its affiliates and/or worldwide designees from the date of creation, and owns in full such The exclusive copyrights to the Tracks are not subject to any claim or assertion by you or any other third party, and Tunee may make any and all renewals and extensions on a worldwide basis. If for any reason any such Track is determined to be a non-rental work, all right, title and interest therein, including all copyrights therein, are hereby deemed irrevocably assigned to Tunee or its designees. You hereby irrevocably and unconditionally waive any and all moral and similar rights you may have in any such Tracks and the performances contained therein, and hereby agree not to make any claim or assert any right against Tunee or any party authorized by Tunee. Without limiting any of Tunee's rights in the Tracks, Tunee shall have the worldwide perpetual right to exploit such Tracks in its sole discretion, including, without limitation, by publishing, reproducing, distributing, adapting, transmitting, displaying, and performing (publicly or otherwise), producing, selling, promising to sell, importing, and otherwise (including, without limitation, producing albums, singles, recordings, music videos, and any advertisements, trailers, clips, feature films, or other related promotions).

9.2 License**.** Tunee hereby grants you a non-exclusive use, limited, royalty-free, perpetual, worldwide right to reproduce your AI Music (or any portion thereof) synchronized with your video, storybook, game, podcast, or other audiovisual content ("Your Content") and to reproduce, distribute, transmit, display, publicly perform, communicate to the public, and otherwise exploit the AI Music, but only to the extent that the AI Music is synchronized with Your Content ("Your Items"), and such licensed use is not for commercial purposes.You may exploit Your AI Music in accord with the terms and conditions of the License without any obligation to pay royalties to Tunee with respect thereto. You shall wherever practicable cause Tunee to receive the following credit: "Music by Tunee.ai" which shall be displayed directly in connection with any use, display, or other exploitation of Your Project.

9.3. 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.

All rights with respect to Your AI Music that are not expressly granted to you hereunder are reserved to Tunee. Unless the parties agree otherwise in writing.

9.4 License Limitations

i.you acknowledge and agree that your rights are non-exclusive with respect to Your AI Music, and Tunee may license music to other Users that is the same or similar to Your AI Music.

ii.Tunee makes no representation or warranty regarding the originality of Your AI Music or that Your AI Music will not violate or infringe any law or rights of any third parties.

iii. notwithstanding anything to the contrary hereunder, the License excludes the right to, and you shall not be permitted to, reproduce, copy, download or otherwise sell copies of, or files embodying, Your AI Music, permit Your AI Music to be performed or distributed via any digital service provider (e.g., Spotify, Apple Music, etc.), make copies of, distribute, deliver, exhibit, perform, communicate to the public, make available, transmit or otherwise exploit Your AI Music other than to the extent it is synchronized with Your Content in Your Project, or permit Your AI Music to be used by or in any other artificial intelligence service or used to train any artificial intelligence tool, engine or other system. You understand and agree that Tunee is not responsible for and shall have no liability with respect to any transactions between you and any third party(ies) with respect to Your AI Music, which shall be your sole responsibility and you assume all obligations in respect thereof, including obtaining and paying for all necessary rights with respect to Your Content.

iv.any License shall automatically terminate if User breaches any provision of this Agreement.

9.5 Tunee Content. This service contains AI music as its primary content, as well as software, text, graphics, images, and other materials (collectively referred to as "Your AI Music and Your Content," hereinafter referred to as "Tunee Content"). Tunee owns all Tunee Content as well as all copyrights, trademarks, service marks, and other intellectual property rights associated therewith. All information, content, services, and software displayed on the service, transmitted through the service, or otherwise used in connection with the service, including news articles, opinions, reviews, text, photographs, images, illustrations, audio clips, videos, html, source and object code, software, data, and any other materials (collectively referred to as "Content") and their selection and arrangement are owned by Tunee and its affiliates, licensors, or suppliers (excluding any "User Content," as defined below, which may be owned by others).

Unless expressly authorized in writing by Tunee, users may not copy, distribute, modify, create derivative works of, or otherwise utilize any Tunee Content or use Tunee's intellectual property in any manner. Tunee hereby reserves all rights not expressly granted in the service, Tunee Content, and Your AI Music, and users may not, in any manner or for any purpose, copy, reproduce, distribute, transmit, display, sell, license, or otherwise utilize any Tunee Content or Your AI Music, except as expressly authorized by Tunee under this Agreement.

Users may only access and use such content online and solely for their personal, non-commercial use, provided that they do not remove any trademarks, copyrights, or other notices associated with such content. Additionally, users agree not to decompile, reverse engineer, or disassemble any software or other products or processes accessible through this service in any manner that affects the user experience, nor shall they use any data mining, data gathering, or extraction methods.

9.6 Your Content. With the exception of AI music generated by you using the Tunee Service, with respect to Your Content that you upload or submit on Tunee, you grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual, worldwide license to use, modify, adapt, reproduce, create derivative works from, publish and/or transmit and/or distribute Your Content. In addition, you authorize other users of the Service and other third parties to view, access, use, download, modify, adapt, reproduce, create derivative works from, publish and/or transmit Your Content in any format and on any platform.

By submitting such User Content on or through the Service, you represent and warrant that: (a) you are the sole author of the User Content and that such content is your original content and will not be reproduced or copied, in whole or in part, from any other work; or (b) you have obtained all necessary licenses in connection with the User Content, including, but not limited to, licenses pertaining to copyrights, trademarks, image rights, and/or privacy rights; and (c) the User Content does not contain defamatory, obscene or any other content that violates this Agreement, relevant laws and regulations and regulatory requirements.

You further grant us a royalty-free license to use your username, image, voice, and likeness to identify you as the source of any of your content. Generally, pursuant to our privacy policy, you authorize Tunee to share user content on all affiliated websites and to use your name and any other information associated with the use of such user content. You also grant Tunee the right to use any materials, information, ideas, concepts, proprietary technology, or techniques contained in such user content for any purpose, including but not limited to developing, manufacturing, and marketing products using or inspired by such user content. We shall not be responsible for any similarity in our content or any programs on any media to your submitted user content. All rights granted under this section are without any form of additional compensation to you.

9.7 Infringement and Complaints

We respect the intellectual property rights of others and expect our users to do the same. You may not upload, embed, publish, transmit via email, transmit, or otherwise provide any material that infringes upon any individual's or entity's copyrights, patents, trademarks, trade secrets, or other proprietary rights. We will terminate the accounts of repeat infringers.

If you are a copyright owner or an agent thereof and believe that any User Content or other content infringes upon your copyright, you may submit a notification in writing to our designated Copyright Agent providing the following information: (a) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (b) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (c) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address; (d) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (e) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and (f) your physical or electronic signature. You may contact our Copyright Agent via email to submit infringement claims. you may contact us at service@tunee.ai.

You agree to indemnify, defend, and hold harmless Tunee and its affiliates, subsidiaries, service providers, licensors, officers, directors, and employees from and against any and all claims (including but not limited to defamation, trade disparagement, privacy, and publicity claims) and expenses, including attorneys' fees and court costs, arising out of or related to any allegation of intellectual property infringement and damages resulting from: (a) your use of the service; (b) Tunee or its affiliates' use of any User Content or information provided by you; (c) User Content or information posted or transmitted through your member account, even if not posted by you; (d) your breach of this Agreement.

10.Distribution

10.1 Based on the AI music service provided by Tunee, Users who agree to the Tunee Membership Program and are bound by this Agreement can submit the AI music generated through their use of the Tunee service to Tunee for distribution on specified pages and portals. Users who agree to the distribution terms of this Article are also bound by the service instructions, announcements, guidelines, or any platform notices and supplemental agreements related to them on the activity page of the distribution service. Your AI music is subject to the terms of any unspecified distribution platform or channel. This includes agreements that Tunee has entered or will enter into with such platforms. Users who choose to have their AI Music distributed by Tunee expressly acknowledge and agree that the revenues generated as a result of the distribution are uncertain, and that Tunee may receive a certain amount of revenue as a result, and that we will provide a portion of that revenue to you through appropriate incentive programs or other terms based on actual market response.Tunee may, in its sole discretion, determine whether to distribute the revenue, the proportion and the method of revenue distribution.

10.2 Tunee may distribute AI Music that you post or submit using the Service to various platforms around the world, including, without limitation, any Internet sites, online services and other entities, platforms and streaming channels of all kinds engaged in the distribution, performance, transmission or sale of music and/or music-related content ("Music Service Providers "). Distribution as described herein may be any feasible method of digital distribution, including, but not limited to, permanent digital downloads, limited or temporary digital downloads, ringtones, ringback tones, CD-ROMs, interactive streaming, non-interactive streaming, and cloud services. You agree and are aware that third parties who acquire your AI Music through a Distribution may cause it to make specifically identified transmissions of copies of Distributed Tracks.

10.3 Tunee may, in its sole discretion, determine the relevant Content to be distributed and the manner of distribution. Subject to this Agreement and the Distribution Terms, Tunee exclusively owns all intellectual property rights in and relating to all Distribution Tracks and Tunee-generated Content (including Content as set forth in this Agreement 9.5) throughout the world, including any other rights it may have under the laws of any country or any territory.

Tunee's rights under this Agreement and these Terms, including the necessary licenses you have obtained to distribute the AI Music, encompass but not limited to:

(a) Publish content related to your Release Tracks, including reproducing, converting and creating derivative works of your other content and exploiting and using your other content in a manner that includes, but not limited to, reproducing, promoting, advertising, selling, sublicensing, publicly performing, displaying, hosting, distributing, transmitting, etc. and/or otherwise exploiting and using your other content in order to publish your Release Tracks;

(b) Display all lyrics associated with the musical compositions contained in any Distribution Tracks, including, without limitation, by means of audio and video synchronization;

(c) Use any names, voices, likenesses, images, artwork, logos, trademarks, service marks or other promotional materials and other publicity rights that you provide to us in the course of distributing the Services;

(d) Receive all revenues generated from the distribution of your Tracks;

(e) Assign all legal rights acquired by Tunee to other licensees.

10.6 For users who have used the Distribution Services and are bound by these Terms, you hereby expressly represent and warrant that (a) you have the right to act on your behalf and/or on behalf of any of your collaborators, and (b) you have obtained all necessary permissions, approvals, authorizations, licenses, and other rights in connection with the Distribution of the Songs and the Content, and that you continue to keep the foregoing rights in effect.

If you are entering into these Distribution Terms on behalf of a company or organization, you hereby represent and warrant that you have the authority to act on behalf of such company or organization.

10.7 These Distribution Terms are effective as of the date you use the Distribution Services. Tunee may terminate or suspend your use of the Distribution Services at any time for any reason without prior notice. Upon termination of these Distribution Terms, Tunee may, in its sole discretion, cease distribution of your Tracks and/or notify all relevant music service providers to cease distribution and sales.

10.8 Tunee does not provide any warranties regarding market feedback, revenue, non-infringement or ownership with respect to the Distribution Services. All disclaimers of warranty set forth in this Agreement are made by Tunee and its affiliates, including licensors and Music Service Providers.

You understand and agree that Tunee and the Music Service Providers may, in their sole discretion, advertise or promote the Distribution Tracks, and that the Distribution Services are subject to each Music Service Provider's different distribution agreement. Tunee makes no guarantees regarding the extent of distribution, downloads, plays, etc., of your Releases by each Music Service Provider.

10.9 You may not assign, sublicense, delegate, or sublicense all or any part of your rights and obligations under the Distribution Terms, except with Tunee's prior consent. Tunee may subcontract, assign, transfer, delegate, or charge for any of the rights and obligations in the Offering Terms, either actively or passively. The Offering Terms also do not grant any rights to any third party beneficiaries other than you.

10.10 To the fullest extent permitted by applicable law, in addition to the obligations created by this Agreement, you agree to hold Tunee and its affiliates, and their respective successors and assigns, harmless from and against any claims, tortious liabilities, damages, judgments, awards, losses, and payments of costs, if any, arising out of:

(a) as a result of your use of the Distribution Services or activities related to the Distribution Services in which you have modified or failed to obtain appropriate authorization for the content or materials posted or violated the legal rights of others;

(b) Because you have violated the terms of the Distribution Agreement;

(c) By any claim or assertion of infringement made by any of your collaborators against Tunee and any of its affiliates;

(d) any third party claim or assertion of infringement against Tunee or any of its affiliates arising from the acts or omissions of you and/or your collaborators.

In addition, if you are entering into these Offering Terms on behalf of a company or organization, you agree to be subject to the above indemnification obligations as well.

10.10 In the event that any payment in Section 10 of the Offering Terms is held to be illegal, invalid, or unenforceable for any reason, such payment will be deemed severable and will not affect the validity or enforceability of any remaining provisions. No waiver by either party of any breach of any provision of these Offering Terms shall constitute a waiver of any prior or subsequent breach of the same or any other provision.

10.12 These Offering Terms (10.1-10.12) shall survive the termination of this Agreement.

11.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.

12.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

· ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES);

· THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

· YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION;

· OR YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

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.

13. 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.

14. 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.

15.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.

16.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.

17.CONTACT US

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)