Terms of Use

Welcome to MusicPals! These Terms of Use ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and JestoConnect ("Company," "we," "us," or "our") regarding your access to and use of the MusicPals mobile application, website, and related services (collectively, the "Service").

By accessing, downloading, installing, or using MusicPals, you agree to be bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not use our Service.

These Terms apply to all users of the Service, including users who contribute content, information, and other materials or services on the Service.

You must be at least 13 years of age to use MusicPals. If you are between 13 and 18 years old (or between 13 and the age of legal majority in your jurisdiction), you may only use the Service under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

Users under 13 years of age are strictly prohibited from using MusicPals. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible.

By using the Service, you represent and warrant that you meet all eligibility requirements and that all information you provide is accurate and truthful.

3.1 Account Creation

To access certain features of MusicPals, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your password and account
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials. We are not liable for any loss or damage arising from your failure to comply with this security obligation.

3.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for any reason, including if we believe you have violated these Terms.

4.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

• Access and use the MusicPals mobile application on your personal device
• Access and use our website and services for personal, non-commercial purposes
• Create, download, and share music generated through our AI technology

4.2 License Restrictions

You may not:

• Copy, modify, distribute, sell, or lease any part of the Service
• Reverse engineer or attempt to extract the source code of the Service
• Remove, alter, or obscure any proprietary notices on the Service
• Use the Service to create competing products or services
• Use automated systems or software to extract data from the Service
• Attempt to gain unauthorized access to the Service or related systems
• Use the Service in any manner that could damage or overburden our servers

5.1 Your Rights to Generated Music

Music and lyrics generated through MusicPals using our AI technology ("Generated Content") are owned by you, subject to the following conditions:

• You must have an active MusicPals account in good standing
• You created the content in accordance with these Terms
• You may use, modify, distribute, and commercially exploit Generated Content
• You retain all rights to any original input, stories, or prompts you provide

5.2 License Granted to MusicPals

By creating and sharing content on MusicPals, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

• Host, store, reproduce, and distribute your Generated Content
• Display your content on the Service and in promotional materials
• Create derivative works for purposes of providing and improving the Service
• Use anonymized data from your content to train and improve our AI models

5.3 Content Uniqueness

While our AI strives to create unique content, we cannot guarantee that Generated Content will be entirely unique or free from similarities to other works. You acknowledge that other users may generate similar content using similar inputs.

6.1 User Responsibilities

You are solely responsible for any content, information, or materials you submit, post, or transmit through MusicPals ("User Content"). You represent and warrant that:

• You own or have the necessary rights to all User Content you provide
• Your User Content does not violate any third-party rights
• Your User Content complies with all applicable laws and regulations
• Your User Content does not contain viruses or malicious code

6.2 Content Standards

All User Content must comply with our Community Guidelines and must not:

• Contain hate speech, threats, or promote violence
• Include nudity, pornography, or sexually explicit material
• Harass, bully, or intimidate other users
• Promote illegal activities or substances
• Contain spam, advertising, or commercial solicitations
• Infringe on intellectual property rights
• Impersonate any person or entity
• Contain false or misleading information

You agree not to use MusicPals for any unlawful purpose or in any way that could harm the Service or other users. Prohibited uses include:

• Creating content that infringes on copyrights, trademarks, or other intellectual property
• Attempting to manipulate or game our AI systems
• Using the Service to generate content for mass distribution or spam
• Uploading or sharing content containing personal information of others without consent
• Engaging in any activity that interferes with the Service's operation
• Violating any local, state, national, or international law
• Collecting or harvesting personal information from other users
• Creating multiple accounts to circumvent restrictions or bans

8.1 MusicPals Intellectual Property

The Service and its original content (excluding User Content and Generated Content), features, and functionality are and will remain the exclusive property of JestoConnect and its licensors. The Service is protected by copyright, trademark, and other intellectual property laws.

Our trademarks, service marks, logos, and trade dress may not be used in connection with any product or service without our prior written consent.

8.2 DMCA Compliance

We respect the intellectual property rights of others and expect our users to do the same. If you believe that your copyrighted work has been copied or used in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing
• Your contact information (address, telephone number, email)
• A statement that you believe in good faith the use is not authorized
• A statement of accuracy made under penalty of perjury

Copyright Agent: jerry.mordi@jestoconnect.com

9.1 Free and Paid Services

MusicPals offers both free and paid subscription tiers. Free accounts may have limitations on features, usage, or content generation. Premium subscriptions provide additional features, higher quality outputs, and increased usage limits.

9.2 Subscription Terms

By purchasing a subscription, you agree to:

• Pay all applicable fees and charges according to the billing terms
• Provide accurate and complete billing information
• Authorize us to charge your payment method for recurring subscriptions
• Update your payment information if it changes

9.3 Billing and Renewal

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You will be charged the then-current subscription price. We reserve the right to change subscription prices with 30 days' notice.

9.4 In-App Purchases

Purchases made through the Apple App Store or Google Play Store are processed by Apple Inc. or Google LLC, respectively, and are subject to their terms and conditions. We do not have access to your payment information for these transactions.

9.5 Taxes

You are responsible for any applicable taxes, duties, or government charges related to your subscription.

10.1 Cancellation

You may cancel your subscription at any time through your account settings or the app store where you made the purchase. Cancellation will be effective at the end of the current billing period, and you will retain access to premium features until that date.

10.2 Refund Policy

Refunds are handled according to the following policies:

• App Store Purchases: Governed by Apple's or Google's refund policies
• Direct Purchases: We offer a 14-day money-back guarantee for first-time subscribers
• Exceptions: Refunds may not be available if your account has been terminated for violations

10.3 No Partial Refunds

We do not provide refunds or credits for partial billing periods. If you cancel mid-cycle, you will retain access until the end of your billing period.

11.1 Termination by You

You may terminate your account at any time by deleting your account through the app settings or by contacting us at jerry.mordi@jestoconnect.com. Upon termination, your right to use the Service will immediately cease.

11.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including:

• Breach of these Terms
• Violation of applicable laws or regulations
• Fraudulent or illegal activities
• Requests from law enforcement or other government agencies
• Extended periods of inactivity
• Technical or security concerns

11.3 Effect of Termination

Upon termination, all licenses granted to you will immediately cease. We may delete your account data according to our data retention policies. Sections of these Terms that by their nature should survive termination will remain in effect.

12.1 "As Is" Service

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

12.2 No Guarantee

We do not warrant that:

• The Service will be uninterrupted, timely, secure, or error-free
• Results obtained from the Service will be accurate or reliable
• AI-generated content will meet your expectations or requirements
• Any errors in the Service will be corrected
• Generated content will be free from copyright or other legal issues

12.3 AI Limitations

You acknowledge that AI-generated content may contain errors, inaccuracies, or unintended outputs. We do not guarantee the quality, accuracy, or suitability of generated content for any particular purpose.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JESTOCONNECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, data, use, goodwill, or other intangible losses
• Unauthorized access to or alteration of your transmissions or data
• Statements or conduct of any third party on the Service
• Any other matter relating to the Service

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100 USD, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

You agree to indemnify, defend, and hold harmless JestoConnect, its parent, subsidiaries, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your User Content or Generated Content
• Your violation of any rights of another party
• Your violation of any applicable laws or regulations

MusicPals may contain links to third-party websites, services, or resources that are not owned or controlled by JestoConnect. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party services.

Third-party services integrated with MusicPals may include:

• Social media platforms (Facebook, Instagram, Twitter, TikTok)
• Music streaming services (Spotify, Apple Music)
• Payment processors (Stripe, PayPal, Apple Pay, Google Pay)
• Analytics services (Google Analytics, Firebase)
• Cloud storage providers

You acknowledge and agree that we shall not be responsible or liable for any damage or loss caused by your use of any third-party services.

16.1 Apple App Store

If you access MusicPals through the Apple App Store, you acknowledge and agree that:

• These Terms are between you and JestoConnect, not Apple Inc.
• Apple has no obligation to provide maintenance or support services
• Apple is not responsible for addressing any claims relating to the app
• Apple and its subsidiaries are third-party beneficiaries of these Terms
• You must comply with Apple's App Store Terms of Service

16.2 Google Play Store

If you access MusicPals through Google Play, you acknowledge and agree that:

• These Terms are between you and JestoConnect, not Google LLC
• Google has no obligation or liability related to the app
• Your use of the app is also subject to Google Play's Terms of Service
• Google is a third-party beneficiary entitled to enforce these Terms

17.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at jerry.mordi@jestoconnect.com. We will attempt to resolve the dispute informally within 60 days.

17.2 Binding Arbitration

If we cannot resolve the dispute informally, any dispute arising out of or relating to these Terms or the Service will be resolved through binding arbitration, except that you may assert claims in small claims court if they qualify.

17.3 Class Action Waiver

You and JestoConnect agree that any arbitration shall be conducted in an individual capacity only and not as a class action or other representative action. You expressly waive your right to file a class action or seek relief on a class basis.

17.4 Exceptions

Either party may seek injunctive relief in court to prevent infringement of intellectual property rights or other proprietary rights.

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.

For disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the courts located in [Your Location].

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will:

• Provide at least 30 days' notice before any new terms take effect
• Notify you via email or through an in-app notification
• Post the updated Terms on our website with a new "Last Updated" date

Your continued use of the Service after any changes constitutes acceptance of the new Terms. If you do not agree to the new Terms, you must stop using the Service.

We encourage you to review these Terms periodically for any changes.

20.1 Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and JestoConnect regarding the Service.

20.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions will remain in full force and effect.

20.3 Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term.

20.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may freely assign these Terms.

20.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemics, or technical failures.

If you have any questions, concerns, or feedback about these Terms, please contact us:

JestoConnect - MusicPals
Email: jerry.mordi@jestoconnect.com
Support: support@jestoconnect.com
Legal: legal@jestoconnect.com
Response Time: We aim to respond to all inquiries within 2-3 business days

BY USING MUSICPALS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT USE THE SERVICE.

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