Terms of Service


October 01, 2024


Acceptance of These Terms of Service
ExploreApps ("ExploreApps," "we," "our" and "us") provides our app (referred to as "app", “AIR Music”, "Service") and related content. All access and use of the Service is subject to the terms and conditions contained in Terms of Service. By accessing, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service. We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. Your continued use of the service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.


Your Privacy
At ExploreApps, we respect the privacy of our users. For more information please see our Privacy Notice, located at https://exploreapps.co/term_of_use.txt (the "Privacy Notice"). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.
Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. 


General Practices Regarding Use and Storage
You acknowledge that ExploreApps may establish general practices and limits concerning use of the Service. You acknowledge that ExploreApps reserves the right to terminate accounts (and all of their corresponding submissions and output) that are inactive for an extended period of time. You further acknowledge that ExploreApps reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.


Disclaimer
Your use of the Service and any output is at your sole risk. The Service and any output is provided on an "as is" and "as available" basis. ExploreApps expressly disclaims all warranties of any kind, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
ExploreApps make no warranty that (a) the Service will meet your requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) the results that may be obtained from the use of the Service will be suitable, accurate or reliable; (d) your use of any output will not infringe the rights of any third party; or (d) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations. You acknowledge that the Service may use experimental technology and may sometimes provide inaccurate or offensive content that does not represent the views of the ExploreApps.


Limitation of liability
You expressly understand and agree that the ExploreApps will not be liable for any indirect, incidental, special, consequential, exemplary damages, or damages for loss of profits including damages for loss of goodwill, use, or data or other intangible losses, whether based on contract, tort, negligence, strict liability, or otherwise, resulting from: (a) the use or the inability to use the Service or any output; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Service; (c) unauthorized access to or alteration of your content, transmissions or data; (d) statements or conduct of any third party on the Service; or (e) any other matter relating to the Service. Under no circumstances will the total amount of ExploreApp's liability to you for any damage, loss or cause of action exceed one hundred dollars (US$100).
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or disclaimers set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the Service or with these Terms of Service, your sole and exclusive remedy is to discontinue use of the Service. 


Accuracy of materials 
The materials located in the Service may contain technical, typographical or photographic errors. The Service does not guarantee that any of the materials in it are accurate, complete or up-to-date. The Service may make changes to the materials posted on it at any time without prior notice. However, the Service does not undertake any obligations to update the materials.


Conditions of Access and Use
User Conduct: You are solely responsible for any use of the Service and all submissions that you make available to ExploreApps, including by uploading submissions via the Service or by emailing or otherwise making available submissions to other users of the Service, and for any outputs that you generate via the Service. You assume all risk associated with submissions, including the transmission thereof, and you have sole responsibility for the accuracy, quality, legality and appropriateness of submissions. The posting of content on the Service by users does not indicate any approval or endorsement by ExploreApps of such content. ExploreApps is not responsible for, and disclaims, any and all liability in connection with content or any act of accessing, browsing, contributing to or otherwise using the Service. In no event will you use the output to compete with ExploreApps, including to create a competing product or service. The list below provides examples of the kinds of submissions or uses that are illegal or prohibited by ExploreApps. ExploreApps reserves the right to investigate and take appropriate legal action against anyone who, in ExploreApp's sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:
- submit, upload, transmit or otherwise make available any submissions or direct the Services to generate any output that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload and use under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is (or is used for or in connection with any purpose, initiative, activity, product or service that is) unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of ExploreApps, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose ExploreApps or its users to any harm or liability of any type;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- violate any applicable local, state, national, or international law, or any regulations having the force of law;
- impersonate any person or entity, or falsely state, imply or otherwise misrepresent your affiliation with any person or entity (including by generating, making available, promoting, labeling or otherwise using output in a manner that suggests that such output was created by or otherwise associated with an individual who was not the creator thereof);
- solicit personal information from anyone under the age of 18;
- post any private information, or otherwise harvest, collect or disclose email addresses or other information about another user or any other person without his or her express consent or for the purposes of sending unsolicited emails or other unsolicited communications;
- advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
- imply that ExploreApps endorses any of your submissions, output, statements or positions;
- further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
- obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
- use the Services (and any output) to create, develop or improve any competing products or services or to power, enable or train other artificial intelligence and machine learning models, tools or technologies;
- circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service content (as defined below)) available on or through the Service, including through the use of virtual private networks; or
engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.
If you are blocked by ExploreApps from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by ExploreApps.


Responsibility for content
You acknowledge that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags and/or other materials accessible through the Service, whether publicly posted or privately transmitted (“content”), are the sole responsibility of the party from whom such content originated. It is very important that you upload, publish or display (hereinafter referred to as "upload") only what you have the rights to use and provide. By uploading any submission, you represent and warrant that:
- you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to submit and use (and allow us to use) such submission in connection with the app.
- your submissions and the use thereof by the Service, including to generate output, will not violate any law or any third party’s rights, terms and conditions associated with such submission, and no other licenses, permissions, consents or authorizations must be obtained from or payments made to any other person or entity by us (or any third party deriving any rights or obligations from us) arising out of or related to our use of your submissions, including to create your output and/or to train, develop, fine-tune or otherwise improve the Service and any related artificial intelligence or machine learning models.
Under no circumstances shall the app be responsible for any content, we will have the right to stop transmission of content and take corresponding actions according to law, including but not limited to suspending the user from using all or part of the Service, keeping relevant records and reporting to relevant authorities.


Intellectual Property Rights
Service content: You acknowledge and agree that the Service may contain content or features ("Service content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by ExploreApps or otherwise under these Terms of Service, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service content, in whole or in part, except that the foregoing does not apply to content that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service content other than as specifically authorized herein is strictly prohibited.
Trademarks: The ExploreApps name and logos are trademarks and service marks of ExploreApps (collectively the "ExploreApps Trademarks"). Other company, product, and service names and logos used and displayed via the Service may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to ExploreApps. Nothing in these Terms of Service or the Service should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of ExploreApps Trademarks displayed on the Service, without our prior written permission in each instance. All goodwill generated from the use of ExploreApps Trademarks will insure to our exclusive benefit.
Third-Party Material: Under no circumstances will ExploreApps be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that ExploreApps does not pre-screen content, but that ExploreApps and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, ExploreApps and its designees will have the right to remove any content that violates these Terms of Service or is deemed by ExploreApps, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Content: You represent and warrant that you own all right, title and interest in and to submissions, including all copyrights and rights of publicity contained therein, and that you possess all necessary rights or have obtained all consents necessary to grant ExploreApps the rights and licenses herein. By using the Service or otherwise transmitting submissions to us, you grant to ExploreApps and our affiliates, successors, assigns, and designees a worldwide, non-exclusive, fully paid-up, sublicensable (directly and indirectly through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use, reproduce, store, modify, distribute, create derivative works based on, perform, display, communicate, transmit and otherwise make available any and all content (in whole or in part) in any media now known or hereafter developed, in connection with the provision, use, monetization, promotion, marketing, and improvement of our products and services, including the Service and the artificial intelligence and machine learning models related to the Service. For the avoidance of doubt, this license authorizes us to make your content available to and sublicense content to other users of the Service as necessary to provide the Service, and you further grant to ExploreApps the worldwide, fully paid-up, sublicensable, assignable, perpetual and irrevocable right to identify to the public (both on and off the Service) that output (or any of it) was generated via the Service. Such additional uses by ExploreApps and other users of the Service is made without compensation to you or any other provider of the submissions with respect to the content, as the use of the Service by you is hereby agreed as being sufficient compensation for the content and grant of rights herein. Furthermore, and for the avoidance of doubt, you irrevocably waive any and all so-called "moral rights" or "droit moral" that may exist in or in connection with the content. You acknowledge that to the extent that you include personally identifiable information in the submissions, we may republish such information. Although ExploreApps has no obligation to monitor the content, you acknowledge and agree that we may do one or all of the following: (i) monitor the content; (ii) alter, edit, or remove any content in whole or in part; or (iii) disclose any content.
Subject to your compliance with these Terms of Service, if you are a user who has subscribed to the paid tier of the Service, ExploreApps hereby assigns to you all of its right, title and interest in and to any output owned by ExploreApps and generated from submissions made by you through the Service during the term of your paid-tier subscription. However, due to the nature of machine learning, ExploreApps makes no representation or warranty to you that any copyright will vest in any output.
If you are a user of the free tier of the Service then, you covenant and agree that you will only use outputs generated from submissions made by you through the Service solely for your lawful, internal, personal and non-commercial purposes, provided that you give attribution credit to ExploreApps in each case.
For the avoidance of doubt, output may be publicly available in a third party application, where it may be viewable, downloadable, and modified by other users of that third party application. If the output becomes publicly available in such a third-party application, you agree that other users have a right to access, display, view, store, modify, and copy such output; provided, however, that you may change your settings to bypass these public sharing default settings so that output generated will remain private.
Due to the nature of machine learning, output may not be unique across users and the Service may generate the same or similar output for a third party. Other users may provide similar submissions and receive the same output. output that is requested by and generated for other users is not your content.
You hereby authorize ExploreApps and its third-party service providers to derive statistical and usage data relating to your use of the Service ("Usage Data"). We may use Usage Data for any purpose in accordance with applicable law and our Privacy Notice.
Any questions, comments, suggestions, ideas, feedback, reviews, or other information about the Service ("Feedback") provided by you to ExploreApps are non-confidential, and ExploreApps will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment, attribution, or compensation to you.
You acknowledge and agree that ExploreApps may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of ExploreApps, its users, or the public. You understand that the technical processing and transmission of the Service, including content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.


Your Registration Obligations
You may be required to register with ExploreApps or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Notice. You must be at least 13 years old to use the Service. In addition, if you are under 18 years old, you may use the Service only with the express consent of your parent or guardian, and you agree to provide true, accurate, current, and complete information as requested by ExploreApps to confirm such express consent. 


Member Account, Password and Security
You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify ExploreApps of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. ExploreApps will not be liable for any loss or damage arising from your failure to comply with this paragraph.


Modifications to Service
ExploreApps reserves the right to modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that ExploreApps will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.


Purchases 
Full usage of the app may require a valid purchase or subscription. Good to know: The payment will be charged to your iTunes Account when you confirm the purchase.  The subscription automatically renews for the same price and duration depending on the selected plan (weekly, monthly, half-annual or annual) unless canceled at least 24-hours before the end of the current period. Subscription automatically renews unless canceled at least 24-hours before the end of the current period. You can disable the automatic renewal function at any time by adjusting your account settings.
Next subscriptions available (Price may change depending on your country):
• 1-week subscription – from US$ 0.49
• 1-month subscription – from US$ 0.99
• 1-year subscription – from US$ 3.99
The price varies depending on the plan you choose (monthly / weekly / yearly) and the application you used.
The determining price is what appears after you have chosen a plan, in approving the package you confirm the payment and the amount
Contact us if you have any questions about this Terms of Use by email: support@exploreapps.co