Terms of Use

Effective as of 26 December, 2024

These Terms of Use (this "Agreement") is a legal agreement between you ("you") and Apps Boutique Limited ("Company," "we" or "us") for use of the mobile applications, published by us on AppStore or Google Play Market, our website and all related services and content offered by the Company (collectively, the "App").

Acceptance of terms

Please read this Agreement carefully. By accessing or using the App, you acknowledge that you accept and agree to be bound by the terms of this Agreement.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE APP.

We may modify this Agreement from time to time. We will notify you by email, through the App, or by presenting you with a new version of the Agreement if we make modifications that materially change your rights. Your continued use of the App after the effective date of an updated version of the Agreement will indicate your acceptance of the Agreement as modified.

Registration and eligibility

To use the App, you may be required to create an account (“Account”) and will be asked to provide certain personal information, which may include your e-mail address or Apple ID. This information will be held and used in accordance with our privacy policy, which can be found at https://appsbq.com/privacy-policy (“Privacy Policy”). You agree that you will supply accurate and complete information to the Company and that you will update that information promptly after it changes.

To create the Account, you must be at least 16 years old. If you are under the said age, your parent or guardian must review and accept the terms of this Agreement, and by using the App, you confirm that your parent or guardian has so reviewed and accepted this Agreement.

Your use of the App

You are responsible for all of your activity in connection with the App and you shall abide by all local, state, national, and international laws and regulations and any applicable regulatory codes.

You agree that if you take any of the following actions, you will be materially breaching this Agreement, and you agree that you SHALL NOT:

- resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App;
- modify, reverse engineer, decompile or disassemble the App;
- copy, adapt, alter, modify, translate the content within the App, or create derivative works of the App without the written authorization of the Company;
- permit other individuals to use the App, including but not limited to shared use via a network connection, except under the terms of this Agreement;
- circumvent or disable any technological features or measures in the App for protection of intellectual property rights;
- use the App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
- use or access the App to compile data in a manner that is used or usable by a competitive product or service;
- use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages to anyone;
- use your Account to engage in any illegal conduct;
- upload or transmit any communications that infringe or violate the rights of any party;
- upload any material that contains software viruses or any other computer code, files or programs that is malicious, technologically harmful or designed to interrupt, destroy or limit the functionality of any computer software, website or the App.

Any such forbidden use shall immediately terminate your licence to use the App. We are granting you permission to use the App, but with the condition that you use it in accordance with the Agreement. If you violate these Terms by engaging in a forbidden use, the permission granted you to use the App will be revoked, and you will no longer be authorized to use it.

Children’s privacy

We are committed to protecting the privacy of children. We do not knowingly collect Personal Data of any person under the age of 16.

Limited license to the App

We grant you a personal, worldwide, revocable, non-transferable, and non-exclusive license to access and use the App and content within the App, including via uploading the content to music boxes, for personal and non-commercial purposes in accordance with the terms of this Agreement.

All rights, title, and interest in and to the App not expressly granted in this Agreement are reserved by the Company. If you wish to use the content created or used in the App and/or the Company’s software, designs used in the App, title, trade name, trademark, service mark, logo, domain name, and/or any other identification with notable brand features or other content owned by the Company, you must obtain written permission from the Company. Permission requests may be sent to legal@appsbq.com

To avoid any doubt, the Company owns all the text, images, photos, audio, video, location data, software, code, and all other forms of data or communication that the Company creates and makes available in connection with the App, including but not limited to visual interfaces, interactive features, graphics, design, audio (collectively referred to herein as the “Company’s Content”). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the App and the Company’s Content are retained by us.

Use at your own risk

Our goal is to offer you and your family a new innovative and personalized option of entertainment and education. The App provides you with the AI voice cloning technology and makes it useful to you and your children.

However, the App cannot and does not guarantee any outcomes, as the result of voice cloning depends significantly on the quality of sample recordings. Your use of the App and content provided in the App is at your sole risk. We make no representation or warranty of any kind as to the accuracy of services that we may provide to you through the App.

Subscriptions

The App offers subscriptions that grant you access to the App’s features and content for a specified period of time. Subscriptions continue indefinitely. We charge you on-going fees automatically on a regular basis until cancelled.

We offer various subscription options that may include but are not limited to weekly, monthly, and annual subscription options. Payment will be charged to your credit/debit card through your account after you choose one of our subscriptions and confirm your purchase. Paid subscriptions automatically renew, unless auto-renew is turned off, or unless you cancel your subscription before the end of the then-current subscription period.

Some of our subscriptions may include a free trial period, where you can experience the mobile App at no cost. Subscription with the free trial period will automatically renew to a paid subscription once your free trial expires. To avoid being charged, you must cancel your subscription prior to the expiration of the trial period. Please review all applicable terms carefully before you sign up for Trial.

We will notify you if the price of the subscription increases and if required, seek your consent to continue. You will be charged no more than 24 hours prior to the start of the latest paid subscription period.

Certain content, products or services included in subscription may change from time to time, as we introduce new features, develop our existing offering and sometimes retire features that aren't working out as planned. The features and content contained in the App may differ by country, language, relevant store, version or device. You agree that your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by the Company or its representatives or employees regarding future functionality or features.

All payments made are non-refundable and non-transferable except as expressly provided in these Terms.

The App is available via the third-party platform operator Apple App Store. Therefore, when you make a purchase, you may additionally enter into a separate contract with the respective third-party service provider providing your app store, whose terms and conditions may apply. Depending on the respective third-party service provider’s terms and conditions, you may need to exercise your rights of cancellation and revocation with these service providers.

Promotional offers. From time to time you may have the opportunity to purchase a subscription in the form of Promotional offer. Promotional offers may be for new users only and/or not be valid for all users and are only available for a limited time. Other restrictions may apply. After the promotional period, subscription automatically continues at the then-current regular price (subject to change), unless cancelled, plus applicable taxes.

Account security

You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your App’s account. It is your sole responsibility to keep your information secure by choosing and protecting your email and/or Apple account appropriately, not sharing your verification code and preventing others from using your mobile device.

You grant the Company and all other persons or entities involved in the operation of the App the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the App and providing you services. The Company cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using the App.

Warranty disclaimer

The Company controls and operates the App from various locations and makes no representation that the App is appropriate or available for use in all locations. The App or certain features of it may not be available in your location or may vary across locations.

THE APP IS PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. THE COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS, AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE APP WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE APP WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE APP IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of liability

IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISERS, OR DATA PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS APP. IN NO EVENT WILL THE COMPANY’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE APP EXCEED THE AMOUNTS YOU HAVE PAID TO THE COMPANY FOR USE OF THE APP OR ONE HUNDRED DOLLARS ($100) IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO THE COMPANY, AS APPLICABLE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. THE COMPANY OR ANY THIRD PARTIES MENTIONED ON THE APP ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP.

Use of mobile devices

Please note that your carrier’s normal rates and fees, such as text messaging and data charges, will still apply if you are using the App on a mobile device.

Your feedback

We welcome your feedback about the App. Unless otherwise expressly declared, any communications you send to us are deemed to be submitted on a non-confidential basis. You agree that we may decide to publicize such content at our own discretion. You agree to authorize us to make use of such contents for free, and revise, modify, adjust and change contextually, or make any other changes as we deem appropriate.

Enforcement rights

We are not obligated to monitor access or use of the App, however, we reserve the right to do so for purposes of operating and maintaining the App, ensuring your compliance with this Agreement, and complying with applicable legal requirements. We may disclose unlawful conduct to law enforcement authorities; and pursuant to valid legal process, we may cooperate with law enforcement authorities to prosecute users who violate the law. We reserve the right (but are not required) to disable your access to App at any time and without notice, and at our sole discretion if we determine in our sole discretion that your content or use of the App is objectionable or in violation this Agreement. The Company has no liability or responsibility to users of the App or any other person or entity for performance or nonperformance of the aforementioned activities.

Maintenance and updates

From time to time, it may become necessary to change, expand, upgrade and improve the App to ensure it is functioning properly. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued provision or availability of the App.

Any modification or elimination of the App or any particular features will be done in our sole and absolute discretion and without an ongoing obligation or liability to you.

We may indefinitely discontinue offering certain content or features. For any content or features that use online servers, we make no commitment to continue to make those servers available. We also may refuse service, close Accounts, and change eligibility requirements at any time.

Indemnity

You agree to defend, indemnify, and hold the Company, its officers, directors, employees, agents, affiliates, representatives, licensors, suppliers, partners, advertisers and content providers, harmless from and against any claims, actions, demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, arising out of or resulting from, or alleged to result from, your violation of this Agreement.

Questions and comments

If you have any comments or questions on any part of the services or any part of these Terms of Use, please feel free to contact us at legal@appsbq.com