Last updated: October 21, 2025
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.
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: Policy > 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.
Artificial Intelligence ("AI") and machine learning are rapidly evolving fields of research. When using or accessing the Services, you need to be aware of the following:
1.1 Basic Understanding and Responsibility
1.2 User Responsibilities
1.3 Inherent Limitations of AI Functionality
Tunee provides AI content creators with a conversational AI music creation Agent service. Users can submit instructions in natural language specifying style, mood, rhythm, and scene, and the system will use artificial intelligence to generate and iterate their soundtrack, enhancing production efficiency from concept to completion.
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.).
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.
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.
You may not create an account on behalf of another person or entity without the consent or full authorization of the rights holder concerned. All ownership and related rights and interests in accounts registered on the Platform belong to the Platform. Upon completing the registration process, you are granted only the right to use the account.
Your account is for your personal use only. Without the Platform's prior written consent, you are prohibited from gifting, lending, leasing, transferring, selling, or otherwise permitting any third party to use the account in any manner. If the Platform has reasonable grounds to believe that the same account is being used by more than one person, the Platform may immediately suspend or disable such user account without further notice and without assuming any liability.
You are solely responsible for all activities conducted under your registered account, including but not limited to any information changes, postings, payments, and other actions performed on the Platform.
You understand and undertake that the account you create shall not violate applicable laws and regulations or the Platform's terms, policies, and rules. Your account nickname, avatar, and other registration or personal information must not contain illegal or inappropriate content. Without another person's permission, you must not create an account in their name (including but not limited to using another person's name, title, font style, or avatar in a manner likely to cause confusion), nor may you maliciously register accounts (including but not limited to frequent or bulk registrations). The Platform reserves the right to review the registration information you submit.
If you fail to comply with any provision of these terms, or if, in our sole discretion, we determine that activities occurring on your account may cause or are likely to cause harm or adverse impact to the Services, infringe or violate any third-party rights, or violate any applicable law or regulation, we reserve the right to disable your user account at any time.
It is essential that you keep your account password secure and do not disclose it to any third party. Please sign out safely after each use. If, due to your own reasons, malicious attacks by others, or force majeure, your account is stolen or lost, you shall bear the corresponding responsibility, and the Platform assumes no liability. If you discover any unauthorized use of your account or other security breaches, you must notify us immediately.
Each user may apply for only one Tunee account. You may register an account by: (1) using an email address; or (2) using a third-party platform account that you lawfully hold. If you use the Platform's Services on behalf of a legal entity, you hereby represent and warrant that you are duly authorized to enter into contracts on behalf of such legal entity and that your authority remains valid.
If you no longer wish to use our Services, you may delete your account information by navigating to Avatar → Manage Account → Edit Profile → Delete Account, or you may contact customer service at service@tunee.ai for assistance and guidance with the deletion process. Once you choose to delete your account, you will be unable to reactivate it, and any content or information you added cannot be recovered.
To prevent fraudulent registrations and abuse of promotional rewards:
(a) users may not re-register within 24 hours after account deletion; the Platform will retain users' third-party IDs and email addresses solely for fraud-prevention purposes.
(b) if a user re-registers within 90 days using the same third-party ID or email, the system will identify the user as an existing user, and existing users will not receive any new-registration bonus again
The Platform reserves the right to reasonably modify these supplemental terms in response to business development or regulatory changes and will provide notice via announcements, in-app notifications, or other appropriate methods.
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Services for your personal use only. We reserve the right to modify, suspend, or terminate any part of the Services at any time without prior notice. You agree not to use the Services in any manner that could impair their functionality or accessibility.
Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and run one copy of the Web on a single device that you own or control, for personal use only.
Access to the Services requires account registration, and you must ensure that the information you provide is accurate, current, and complete. You must promptly update any changes and must not impersonate others or provide false information. Your login credentials (e.g., username, password, access keys) must be kept confidential, and you are responsible for all activities that occur under your account. If you detect any unauthorized use or security breach, you must notify us immediately. If you violate these Terms or provide false information, we reserve the right to disable your account.
As a condition of use, you agree not to use the Services for any purpose prohibited by this Agreement, applicable laws and regulations, or any documentation, guidelines, or policies we make available (including our Usage Policy). You shall not (and shall not permit any third party to):
(i) license, sell, rent, lease, lend, transfer, assign, copy, distribute, host, or otherwise commercially exploit the Services or any portion thereof;
(ii) use framing techniques to enclose any trademark or logo on the Services or any other portion of the Services (including images, text, page layout, or form);
(iii) use any meta tags or other "hidden text" utilizing the Company's name or trademarks;
(iv) modify, translate, adapt, merge, create derivative works of, disassemble, decompile, reverse compile, or reverse engineer any part of the Services (except to the extent expressly permitted by applicable law);
(v) use any manual or automated software, devices, or processes (including crawlers, robots, scrapers, data-mining tools, etc.) to "scrape" or download data from any web pages contained in the Services;
(vi) remove or destroy any copyright notices or other proprietary markings contained on or in the Services;
(vii) impersonate any person or entity (including any employee or representative of the Company);
(viii) interfere with, or attempt to interfere with, the proper functioning of the Services, or use the Services in any way not expressly permitted by this Agreement, including but not limited to attacking or attempting to attack any security features, introducing viruses/worms/malicious code into the Services, or interfering with or attempting to interfere with any other user's, host's, or network's use of the Services by means of overloading, "flooding," "spamming," "mail bombing," or "crashing".
Your rights under this Agreement are conditioned upon your compliance with the restrictions set forth in this Section. Any unauthorized use terminates the licenses granted by the Company under this Agreement.
The Services may impose usage restrictions on certain features or settings (for example, limits on access frequency, storage capacity, or other system resources). Related limitations are set out in the documentation, guidelines, or policies we make available (including our Usage Policy).
When you use the Services as part of a team or organization, your personal account details and individual operational privileges must be kept confidential and may not be disclosed or shared with other users within the team. You understand that an administrator may establish and manage an organization-wide unified credit pool solely for billing and usage allocation. This administrative role does not include, and expressly prohibits, access to or viewing of any user-specific information, permissions, or any content you create or store in the Services.
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.
The Company uses Stripe as its third-party provider for payment services (e.g., acquiring, settlement, and related services, the "Payment Processor"). If you make a purchase within the Services, you must provide your payment details and any information required to complete your order directly to our Payment Processor. You agree to be bound by Stripe's Privacy Policy and Terms of Service, and you authorize the Company and the Payment Processor to share the information and payment instructions you provide to the minimum extent necessary to complete the transaction.
Online payments may be subject to verification by the Payment Processor and your card issuer; if your card issuer declines authorization, the Company is not liable. To protect you, the Payment Processor uses various anti-fraud protocols and industry-standard verification systems, and you authorize it to verify and authenticate your payment information. Your card issuer may charge online handling or processing fees, for which the Company is not responsible. In some jurisdictions, our Payment Processor may engage third parties to provide payment processing services under strict confidentiality and data-protection requirements.
You must pay all fees to your account in accordance with the pricing and billing terms in effect at the time your order becomes effective. By providing payment information to the Company and/or the Payment Processor, you authorize the Company and/or the Payment Processor to immediately bill your payment method for all fees due to the Company, without further notice or additional consent. You must promptly notify the Company of any changes to your payment information.
The Company reserves the right to change prices and billing methods at any time. At the time of order, you must ensure sufficient funds or credit are available for our collection. Failure to provide accurate payment information to the Company and/or the Payment Processor, or our inability to collect payment, constitutes a material breach of this Agreement. Except as otherwise provided in this Agreement, fees for the Services are non-refundable.
Prices exclude any sales tax related to the Services under this Agreement ("Sales Tax"). If the Company is legally required to collect Sales Tax from you, the Company will charge such Sales Tax in addition to the fees. If any Services, or payments for Services, are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to the Company, you are responsible for paying such Sales Tax and any related penalties or interest to the relevant tax authority and for indemnifying the Company for any liability or expense the Company incurs in connection therewith.
Upon request, you must provide official receipts issued by the appropriate taxing authority or other evidence showing that you have paid all applicable taxes. For purposes of this Section, "Sales Tax" includes any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where a jurisdiction does not otherwise impose a sales or use tax.
Certain Services or features are available only with a paid subscription. Depending on the subscription plan you select at purchase, you will be billed monthly in advance. At the end of each billing cycle, your subscription will automatically renew at the then-current price unless cancelled by you or by us. By subscribing, you authorize the Company to charge the payment method designated in your account now and at the start of each renewal term.
You may cancel auto-renewal within the time period specified on the Platform. Fees already paid for the current subscription period are non-refundable, and you will retain access until the end of the current period.
You must provide accurate and complete billing information to our payment system (including your name, address, state/province, postal code, phone number, and a valid payment method). If automatic billing fails, the Company will issue an electronic invoice requiring you to make manual, full payment for the billed period by the due date indicated.
We reserve the right, in our sole discretion, to change subscription fees at any time. Any fee changes will take effect after the end of the current subscription term. We will provide reasonable advance notice before any change takes effect, so that you may terminate your subscription prior to the change. Your continued use of the Services after the fee change becomes effective constitutes your agreement to pay the modified fee.
You may purchase Credits only if you have reached the legal age of majority in your country or region. You may obtain creation Credits through a membership subscription or via daily login rewards, Platform events, and other official activities. Different membership plans provide different quantities of Credits and corresponding benefits (e.g., higher-tier plans may include extra Credits or allow more concurrent tasks). The specific rules are subject to the latest announcements on the Platform.
Validity:
If the rules change, the validity period of Credits will be governed by the most recent Platform announcement.
All Credits expire in accordance with the Company's Credits Policy (as updated from time to time). Except where required by law, credits are non-refundable once sold. Upon termination of your account for any reason, unused Credits may be forfeited without compensation. If the Company determines that Credits were obtained or used fraudulently.
Credits may be used only by the account to which they were issued and may not be transferred, resold, or exchanged for cash or other value. The Platform reserves the right to adjust the cost of Credits, modify available Services, or change the Credits system at any time, with or without notice. It is strictly prohibited to obtain Credits from other users or through non-official channels; it is prohibited to buy or sell Credits for cash, or to engage in account transactions, lending, or similar conduct. In case of violation, the Platform may suspend or delete your account, and you will lose access to all information under that account, including remaining Credits and coupons.
If you cancel an order after purchasing Credits, the Platform will reclaim any Credits you have used and withdraw any results or effects produced through the use of such Credits. You understand and agree that all Credits obtained through the Services may be used only within the Platform and may not be exchanged for cash, for the currency of any country/region/political entity, or for any other form of credit.
If you purchase a subscription, you agree that your subscription will automatically renew for the period shown on the subscription page and will be billed at the then-applicable rate. At the beginning of each new term, your payment method will be automatically charged the applicable fees and taxes for that term. If you wish to cancel, you must do so within the time and via the process specified on the Platform.
EU, Turkey, or UK Users: You may cancel your subscription and request a refund within 14 days of purchase. In your refund request email, please clearly indicate that you are applying under EU, Turkish, or UK consumer protection laws.
Users in Other Countries/Regions:
Refund Amount (pro-rated based on Credit usage):
Notes:
For refund inquiries, please contact service@tunee.ai.
Subject to your compliance with this Agreement, you may share or upload information and materials through the Services (collectively, "Content"), including, without limitation, your prompts, comments, questions, and other inputs (collectively, "Input"). You, and not the Company, are solely responsible for all Input you upload, share, post, transmit, query, or otherwise make available through or to the Services (including any Third-Party Account Content).
In response to your Input, the Services together with AI Services (as defined below) may generate new content ("Output"). You acknowledge that Output is based on your Input and that the Company has no control over any such Input. Accordingly, all Output is provided "as is" and "with all faults," and the Company makes no representations or warranties of any kind with respect to any Input or Output (including accuracy, completeness, truthfulness, timeliness, or suitability). You assume all risks and responsibility for your use of any Output generated through the Services, including any third-party copyright infringement claims, any decisions or actions taken in reliance on the Output, and any disclosure of Output that personally identifies you or any third party.
You represent and warrant that you are solely responsible for the accuracy, completeness, appropriateness, and legality of the Input you provide through the Services; and that you have provided all required notices and obtained all necessary authorizations, licenses, and consents from all third parties to whom the Input relates (including, without limitation, as required under applicable data protection laws) to enable us to access, use, and process your Input.
The Company does not claim ownership of any Input (collectively, "Your Content"). As between you and the Company, you own all right, title, and interest in and to Your Content. In light of the nature of the Services, however, you acknowledge that: (a) Output may not be unique, and under similar conditions the Services may generate the same or similar output for other users; and (b) the Company makes no representation or warranty that any Output is protectable under applicable intellectual property laws.
The Company provides certain features powered by third-party artificial intelligence and deep-learning platforms, algorithms, services, tools, and models (collectively, "AI Services"). By using these features, you consent and authorize the Company to share Your Content with one or more third-party AI Services to fulfill your request. The Services may utilize AI Services to generate Output.
You understand and agree that the Company may share your Input with AI Services for this purpose, and that such AI Services may not be subject to any confidentiality obligations with respect to Your Content. Certain AI Services may impose additional license requirements or retain rights with respect to Your Content. You use such AI Services at your own risk. The Company is not liable for any unavailability of an AI Service, or for any suspension or termination of any AI Service by a third party.
You, and not the Company, are solely responsible for your use of features that utilize AI Services; you acknowledge that AI may provide information that is inaccurate or inappropriate; and the Company shall have no liability for any decisions or actions taken as a result thereof.
Your use of the Services must at all times comply with this Agreement, any applicable AI Service terms, and any other documentation, guidelines, or policies we make available (including our Usage Policy). You must not share or provide Input/Content on or through the Services, or attempt to generate Output via the Services, that:
(A) is unlawful, threatening, abusive, harassing, defamatory, fraudulent, invasive of privacy, tortious, obscene, pornographic, offensive, or indecent
(B) infringes or misappropriates any third party's intellectual property or other proprietary rights
(C) contains viruses, worms, spyware, or other malicious code
(D) contains sensitive personal information, including but not limited to:
(i) Social Security numbers or other government-issued identification numbers.
(ii) protected health information subject to HIPAA or other health information.
(iii) health insurance information.
(iv) biometric information.
(v) passwords to online accounts not relevant to use of the Services.
(vi) credentials to any financial accounts.
(vii) account log-in, financial account, debit-card, or credit-card numbers in combination with required security or access codes, passwords, or credentials.
(viii) precise geolocation.
(ix) financial account data such as bank account details.
(x) personal information revealing the contents of a consumer's mail, email, or text messages (unless we are the intended recipient of the communication).
(xi) genetic data.
(xii) personal information of children under 16 years of age.
(xiii) data relating to criminal convictions and offenses.
(xiv) personal data revealing a person's racial or ethnic origin, political views, religious or philosophical beliefs, trade-union membership, citizenship or citizenship status, or sexual orientation or sex life.
(E) contains commercial activities and/or sales (such as sweepstakes, barter, advertising, or pyramid schemes) without the Company's prior written consent
Your Content must not contain nudity, violence, sexually explicit, obscene, or otherwise offensive subject matter (as determined by the Company in its sole discretion). You may not post or make available any Content that includes any identifiable person or their personal characteristics without that person's express consent; you may not post or make available a photograph of another person without that person's express consent.
Unless otherwise expressly agreed by the Company in writing, the Company has no obligation to store any of Your Content. The Company has no responsibility or liability for the deletion or accuracy of any Content (including Your Content); the failure to store, transmit, or receive transmission of Content; or the security, privacy, storage, or transmission of other communications originating with or involving use of the Services.
The Services may contain links to third-party websites, applications, and advertisements (collectively, "Third-Party Services"). When you click a link to a Third-Party Service, we will not warn you that you have left the Services, and you will become subject to that third party's terms and privacy policies. Such Third-Party Services are not under the Company's control.
The Company is not responsible for any Third-Party Services; links are provided solely as a convenience and do not constitute our review, approval, monitoring, endorsement, or warranty of any Third-Party Services or any products or services provided in connection therewith. You use all links to Third-Party Services at your own risk. Once you leave our Services, this Agreement and our policies no longer govern. You should review the applicable terms and policies of any Third-Party Services and make whatever investigation you deem necessary or appropriate before proceeding with any transaction with any third party.
Please note: We do not claim ownership of your Input. We retain all rights, title, and interest---including all Intellectual Property Rights (as defined below)---in and to Usage Data (as defined below), the Services (including the skills, expertise, and methods used to provide the Services), and any enhancements, improvements, or modifications thereto.
"Intellectual Property Rights" means patents, rights to inventions, copyrights and related rights, moral rights, data rights and database rights, rights in software code, domain names, trademarks, logos, trade names, goodwill and the right to sue for passing off or unfair competition, design rights, rights in confidential information, and all other existing or future intellectual property rights of any kind worldwide (whether registered or unregistered), including all applications, renewals, extensions, priority rights, and equivalent or similar protections.
All text, graphics, logos, service marks, and trade names used in connection with the Services are trademarks of the Company and may not be used in connection with your or any third party's products or services without prior authorization. Other company, product, or service names and logos displayed in the Services may be trademarks or service marks of their respective owners.
You authorize the Company and its third-party service providers to generate data, information, insights, statistics, and usage data related to the provision of the Services and your use of the Services, software, systems, programs, or technologies ("Usage Data").
The Services may include intellectual property owned by third parties (including open-source software). Such third-party intellectual property may be licensed to you under separate or different terms ("Third-Party Terms") and is not granted to you under these Terms of Service. These Third-Party Terms will be made available to you, and you agree to comply with them, including paying any applicable fees directly to the relevant third party. The Company shall not be liable for any third-party intellectual property, and you acknowledge and agree that the Company shall not be responsible for any losses, damages, costs, or expenses you incur arising from or related to third-party intellectual property or Third-Party Terms.
Subject to your compliance with these Terms of Service:
If you are a Basic / Plus / Pro paid subscriber, during the term of your active paid subscription, all rights, title, and interest in and to the Output generated by the Services based on your submitted content shall belong to you. The Company does not claim any ownership of such Output. You have the right to use such Output for any commercial or non-commercial purposes, including but not limited to:
If you are a free-tier user, you acknowledge and agree that all rights, title, and interest in and to the Output generated by the Services based on your submitted content shall belong to Tunee (the "Platform"). The Platform grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Output for personal viewing and other non-commercial purposes only. Each time you use the Output, you must provide a clear and reasonable attribution indicating the source as "Tunee" (or an equivalent attribution). Unless you have obtained prior written consent from the Platform, you may not use the Output for any commercial purpose and may not remove, obscure, or modify any ownership notices, marks, or attributions.
This Agreement becomes effective on the date you accept it as set out in the preamble and remains in effect for the duration of your use of the Services, unless terminated earlier in accordance with this Agreement.
If you materially breach any term of this Agreement (including our Usage Policy), or if required by law (e.g., if providing the Services is or becomes unlawful), the Company may immediately suspend or terminate any Services provided to you without notice. The Company reserves the right to terminate this Agreement or your access to the Services at any time and for any reason, with notice. You agree that any termination will be at the Company's sole discretion and that the Company will not be liable to you or any third party for such termination.
If you wish to terminate this Agreement, you may do so by closing your account through the user profile page.
Upon termination of the Services or relevant features, your right to use the Services or such features will automatically terminate, and we may delete any of Your Content stored on the Services. If we terminate your account for cause, we may also block your further use of or access to the Services. The Company shall not be liable to you for any suspension or termination (including deletion of Your Content). Any provisions that by their nature should survive termination (including ownership provisions, disclaimers, and limitations of liability) shall survive termination of the Services.
If this Agreement is terminated by the Company, or your account or access is suspended or terminated due to your violation of any part of this Agreement or other misconduct, you agree not to register or access the Services again under a different membership name or by any other means.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR ACCESS TO AND USE OF THE SERVICES IS AT YOUR OWN SOLE RISK. THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS. THE COMPANY PARTIES (AS DEFINED BELOW) EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE --- INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT --- ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES, OUTPUT, OR YOUR CONTENT.
WITHOUT LIMITING THE FOREGOING, THE COMPANY PARTIES DO NOT WARRANT OR REPRESENT THAT:
You agree to indemnify, defend, and hold harmless the Company, its parent companies, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a “Company Party,” and collectively, the “Company Parties”) from and against any and all losses, damages, liabilities, claims, demands, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:
(i) Your Content or any use of Output by you;
(ii) your use or inability to use the Services;
(iii) your breach or violation of this Agreement;
(iv) your violation of any third-party rights, including those of other users; or
(v) your violation of any applicable law, regulation, or rule.
The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to fully cooperate with the Company in asserting all available defenses.
This indemnification obligation does not apply to any Company Party’s own unconscionable commercial practices, fraud, deception, false promise, misrepresentation, or concealment or omission of any material fact in connection with the Services. You agree that the provisions of this Section shall survive the termination of your account, this Agreement, and/or your access to the Services.
To the maximum extent permitted by applicable law, neither party, its affiliates, licensors, or suppliers shall be liable for:
(a) any indirect, consequential, special, incidental, or punitive damages;
(b) any loss of profits, business, revenue, anticipated savings, or wasted expenditure;
(c) any loss, damage, or interruption of data, networks, information systems, reputation, or goodwill; or
(d) the cost of obtaining substitute goods or services.
To the fullest extent permitted by law, the total cumulative liability of the Company and its affiliates under or in connection with this Agreement, the software, and the Services shall not exceed the total amount actually paid by you to the Company under this Agreement during the three (3) months immediately preceding the event giving rise to the claim (if any).
The above exclusions and limitations apply:
(a) to the fullest extent allowed by applicable law;
(b) even if a party knew or should have known of the possibility of such damages or losses;
(c) even if any remedy under this Agreement fails its essential purpose; and
(d) regardless of the theory of liability, whether in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution, or otherwise.
Nothing in this Section limits or excludes the liability of a Company Party for:
(a) death or personal injury caused by its negligence; or
(b) any injury resulting from its fraud or fraudulent misrepresentation.
If you have any concerns or disputes regarding the Services, you agree to first seek to resolve the issue through informal negotiations by contacting the Company. This Agreement, its subject matter, and its formation shall be governed by the laws of the Republic of Singapore. Any dispute arising out of or in connection with this Agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (SIAC) in accordance with the SIAC Rules in force at the time of the arbitration.The seat of arbitration shall be Singapore.The tribunal shall consist of three (3) arbitrators.The language of the arbitration shall be English.
If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be modified or interpreted to the maximum extent permitted by applicable law to achieve its intended purpose, and the remaining provisions shall remain in full force and effect. Unless otherwise stated in this Agreement, the failure to exercise a right or enforce an obligation shall not affect a party’s ability to exercise that right or enforce that obligation at a later time. A waiver of any breach shall not constitute a waiver of any subsequent breach.
Communications between you and the Company may be conducted electronically (for example, when you access the Services, send the Company an email, or when the Company posts notices on the Services or communicates with you by email).
For contractual purposes, you:
(i) agree to receive communications from the Company in electronic form; and
(ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications provided to you electronically satisfy any legal requirement that such communications be in writing.
You may not assign, subcontract, delegate, or otherwise transfer this Agreement or any of your rights or obligations hereunder without the Company’s prior written consent. The Company may freely assign or transfer this Agreement, including any rights, obligations, or licenses under it, without your consent. Any assignment, subcontracting, delegation, or transfer in violation of the foregoing shall be null and void.
When we make changes, the Company will provide a new version of this Agreement and/or any supplemental terms on the Services and update the “Last Updated” date at the top of this Agreement. If we make material changes and you have a registered account, we will also send the updated Agreement to the email address associated with your account.
Unless otherwise stated, changes take effect immediately for users without an account and 30 days after publication for users with an account. The Company may require you to expressly accept the updated Agreement before continuing to use the Services. If you do not agree to the changes, you must stop using the Services after receiving notice.
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)