Terms of Use

Last Updated: 20(th) NOV, 2023

We're happy you're here! Please take a few minutes to read this. It's a legal document, and there is important information for you here.

These Terms of Services (the "Agreement") apply when you use our mobile software application Pocket Singer (our "App") , as well as the services related to our App (our"Services").These Terms of Services are between the user of the Services (each, a "user" and collectively, the "users", also referred to as "you" and "your") and ACCIDENTAL AI PTE. LTD. ( referred to as "we", "us" and "our").

If you wish to access and use the Services, you must accept and agree to be bound by and comply with these Terms of Services. If you do not agree with these terms and conditions, do not use the Services. Use of the Services indicates your acceptance of the Terms of Services.

Please read these Terms of Services carefully, as they contain important information regarding your legal rights, remedies and obligations. You will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding. You will only be permitted to seek relief (including monetary, injunctive and declaratory relief) on an individual basis.

The Terms of Services are effective on the earlier of the date: (i) you first access the Services and(ii) when you download our Apps. We may update these terms from time to time, and if we do this in a material way, we will notify you and invite you to re-accept these Terms of Services through the Apps.

Our Privacy Policy contains information on how we process your personal information. Please make sure that you read and understand our Privacy Policy. If you have any questions about the Privacy Policy and Terms of Services, you can reach out to us at connect@accidental.ai.

POCKET SINGER SERVICES

You acknowledge and agree that these Terms of Services are between you and us, and not with any third party platforms such as Apple or Google (the "Mobile Operators"). We are solely responsible for our Apps and the Content (as defined below). However, Mobile Operators may have their own terms and conditions that apply when you use our Apps.

As used herein: (a) "Services" means the App Services collectively and/or individually (as the case may be), as well as any related intellectual property (such as Service Content and Features); (b) "Content" means any text, data, information, username, handle name, files, images, graphics, sounds, music, videos, code, audio clips, links, and/or other similar materials; and (c) "Service Content" means any Content (excluding your Account Content) appearing or made available on or in the Services. For the avoidance of doubt, Stock Content is an example of Service Content.

Your use of the Services and your Account Content (defined below) are subject to and you agree to the Account Content License and Content Rules attached hereto as Schedule A, which shall extend to any content created in or imported to the Services.

MINIMUM AGE

We attach great importance to children's information security and protection. Children under the age of 14 are not advised to use this application unless accompanied by their parents.Please feel free to contact us if your guardian or your child has a complaint about internet information security, or if you have any questions, comments or suggestions about our children's personal information protection rules or measures, you can send a message to connect@accidental.ai.

YOUR ACCOUNT AND YOUR CONTENT

In order to access the Services, you may be required to register for an account by submitting the information requested in the applicable interface ("Account"). You alone are responsible for providing up-to-date accurate information, maintaining the confidentiality and security of your Account and credentials, as well as for all activities that occur in such Account. Information collected by us in creating your Account will be used and processed in accordance with our Privacy Policy (available at https://ps-h5.accidental.ai/agreement/privacy, which is incorporated into this Agreement by reference. You are responsible for all of your Account Content. "Account Content" shall mean Content inputted, imported, uploaded, linked, shared, posted, published, stored, or otherwise generated by you in relation to your use of the Services.

LANGUAGE AND AVAILABILITY OF SERVICES

You agree that the Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location.

RULES OF USE

When you use the services, we ask that you follow our rules of use. We also ask you not to encourage others to break these rules, or to help them do so – that would also be considered a breach by you of our housekeeping rules.

The rules are the following:

Please do not:

decompile, disassemble, reverse engineer, investigate, modify, create derivative works from, or otherwise access any non-User Interface portion of the Services;
attempt to gain unauthorized access to the Services, or otherwise circumvent any software protection or monitoring mechanisms of the Services;
access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions or graphics of the Services;
use the Services in any manner that may harm or target minors;;
impersonate any person, including registering by using someone's else identity to create accounts;
access, search or create accounts for the Services by any means other than our publicly supported interfaces (for example, "scraping" or creating accounts in bulk);
attempt to scan, probe, or test the vulnerability of the Services or the network on which they are housed, or breach any security or other authentication measures;
provide payment information belonging to a third party which you are not authorized to use;
harm or threaten to harm other Users in any way or interfere with, or attempt to interfere with, the access of any User's account, host or network including , without limitation, by overloading our Apps;
attempt to access or search the Services or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders robots, crawlers, data mining tools or similar mechanisms) other than the software and/or search mechanisms provided by Us or generally available on web browsers;
use any meta tags or hidden text or metadata displaying a trademark, logo URL or product name without our express written consent;
forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
authorize, permit, enable, induce or encourage any third party to do any of the above.

If you do any of the foregoing, we reserve our right to suspend your access to the Services. If we believe you're about to breach our rules, we may suspend your access preemptively and until we conduct our inquiry. If we determine, in our reasonable discretion, that you were breaching or attempting to breach these rules, we can maintain the suspension longer, or indefinitely. If you paid for our Services, we have no obligation to reimburse you if the suspension is caused by a breach of our rules of use.

INTELLECTUAL PROPERTY

Our trademarks, logos, products and services names are our intellectual property. Except as otherwise permitted by law, please do not use or display in any manner our trademarks without our prior consent. By using the Services, you agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services.All titles, ownership rights and intellectual property rights in and to the Services and any and all copies thereof, are owned by us. All rights are reserved, except as expressly stated in these Terms of Services.

The Content included in or made available through the Services is our property. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by these Terms of Services.Subject to the limitations set forth in these Terms of Services, in the event of a breach of a third party's intellectual property rights by the Services, we are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, at the exclusion of any third parties, including Mobile Operator.

FEEDBACK

We welcome your comments and recommendations for improvements to the Services ("Feedback") You can submit feedback by emailing us at connect@accidental.ai. Notwithstanding anything to the contrary, we are the sole owner of all Feedback, including any suggestions, enhancement requests, recommendations or other feedback provided by you to us,, and you hereby assign to us, without limitation of any kind, all of your rights, titles and interests therein, and we accept such assignment.

UPDATES, NEW RELEASES AND UPGRADE

Any updates, new releases or upgrades (together, "Updates") are subject to these Terms of Services. Updates are provided when available, at our sole discretion, and may include bug fixes, security updates, new features and enhancements to existing features. Updates do not include new applications, new third-party tools and/or new functionalities, to the extent that these are subject to additional fees, as determined by us.Once an Update is released, it is your responsibility to update your Apps diligently. We may not support previous versions of the Services, and we have no liability or responsibility for supporting and maintaining them, including for security patches. It's important to update your Apps to ensure that you are using a secured version of our Apps.

LICENSES

Our App is licensed, not sold, to you.Subject to your respect of these Terms of Services, and during the Term, we grant you a revocable, non-exclusive, non-transferable, limited and worldwide license to download, install, use and access the Services for your personal use. This license applies to the devices that you own or control, and is subject to the Mobile Operators terms and conditions, such as Apple's Usage Rules. There are a few limits to this license:

You may not distribute or make the license available over a network where it could be used by multiple devices at the same time, unless through family sharing or similar functionalities made available by your Mobile Operator;
You may not transfer, redistribute or sublicense our Apps and, if you sell your device to a third party, you must remove our Apps from your device before doing so;
You may not copy (except as permitted by the Terms of Services), reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative works of our Apps, any updates or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with our Apps).

You acknowledge and agree that Mobile Operators, and their subsidiaries, are third party beneficiaries of these Terms of Services to the extent that they relate to our Apps. As of the Effective Date, the Mobile Operators will have the right (and will be deemed to have accepted the right) to enforce these Terms of Services against you as a third party beneficiary thereof regarding the Apps.

SUBSCRIPTION FEES AND PAYMENTS

We offer paid subscriptions. Except for lifetime subscriptions, subscriptions are auto-renewing at the end of each periodic subscription term. You understand and agree that (i) after your initial subscription period, this period will automatically renew for an additional equivalent period and (ii) your account will be billed continuously for each subscription, until you terminate it.

You can terminate and manage your Apps subscription(s) directly from your mobile devices, or directly within the Services in the settings. If you terminate your subscription, you will continue to have access to the paid Services until the end of the subscription period that you already paid for, and we will not charge you additional fees after the end of this subscription period.You hereby represent and warrant that you have the legal right to use all payment methods utilized on your account and authorize us to collect payments for each paid subscription period to which you subscribed on your credit card or through the payment method(s) that we make available to you and you have selected. You agree to pay all fees and applicable taxes incurred by you or anyone using your account.You agree to provide accurate, complete and current financial information.

If your financial information changes, we will not be able to process the payment for your subsequent subscription term until you update your financial information, which may result in a loss of access to the Services.We reserve the right to revise our subscription fees and offerings at any time. If the subscription fees change, we will advise you before processing your next payments. If you do not agree to such changes, you can terminate your subscription before the next payment.We use third party service providers to process your payment as part of the Services. They process your financial information in accordance with their privacy policies, and conduct fraud prevention and anti-money laundering monitoring for legal compliance purposes. In no event will we be responsible for the actions or inactions of third party payment processors, including, but not limited to, system downtime or payment service outages, unless such actions are in breach of these Terms of Services.

PROMOTION AND DISCOUNT CODES

From time to time, we may decide to offer promotions and discounts codes. You cannot combine promotions and discounts. We may decide to offer promotions and discounts only to a certain group of users or to potential new users. You agree and understand that you may not qualify for all available promotions and discounts. Unless stated otherwise, promotions and discounts only apply to the initial subscription periods, and any renewals will be charged at the then-current rates for our subscriptions.

REFUND POLICY

You agree and understand that the Services are non-refundable. If we suspend your account in accordance with these Terms of Services, or if you close your account voluntarily, you agree and understand that you will receive no refund or exchange of any kind for the Services, except as set forth in applicable laws. If we discontinue the Services, we will either provide the Services until the end of your subscription period, or reimburse you for the Services paid in advance in proportion of the time remaining in your current subscription period.

MAINTENANCE AND SUPPORT

The Services do not include maintenance and support services, although we try to help all our Users and respond to their requests. You can write to us at connect@accidental.ai if you have any requests regarding maintenance and support. Mobile Operators are not responsible for providing any maintenance or support services for our Apps.

YOUR DATA

Protecting and safeguarding any information you provide through the Apps or WebApps is extremely important to us. Information about our security and privacy practices can be found on our Privacy Policy available at ("Privacy Policy").By agreeing to this agreement and/or by using the apps, you are also agreeing to the terms of the privacy policy. The privacy policy is incorporated into and deemed a part of this agreement. The same rules that apply regarding changes and revisions of this agreement also apply to changes and revisions of the privacy policy.Note that your Mobile Operator, and any other Apps you use that are linked or associated with our Apps, may collect, use and maintain certain usage statistics from your device and other data in accordance with their respective privacy policies.

CHANGES TO THE SERVICE

We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue the Services or a portion thereof.We can change the Content that we make available as part of the Services at any time without notice or liability, and for any reason whatsoever.We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Service at any time without notice, but confirm that we have no duty to do so. We determine the content of the Services at our sole discretion.We will make commercially reasonable efforts to notify Users of discontinuation of the Services in advance. We disclaim any liability for any inconvenience.

TERMINATION

These Terms of Services are effective on the Effective Data and continue as long as you use the Services, including for as long as our Apps are installed on your mobile, and as long as you do not delete the App. We can terminate these Terms of Services at any time subject to a prior written notice of at least five [5] days. Services paid for in advance will be reimbursed as set forth in these Terms of Services.If these Terms of Services are terminated for any reason, all provisions that by their nature should survive the Term will survive the Term, including, without limitation, any disclaimers and limitations of liability.

CHANGES TO THE TERMS OF SERVICES

We may change our Terms of Services at our sole discretion. If we do so, we will provide a notice to our users through the Services or otherwise. If you continue to use the Services after receiving such notice, you will be deemed to consent to such changes, regardless of whether we requested your explicit consent.For your convenience, we included the date of the latest change to these Terms of Services above.

GENERAL LEGAL STUFF

Nothing in these Terms of Services shall be construed as forming any relationship of employment, partnership, agency, trust, franchise, or joint venture between you and us. Nor do they create any fiduciary duties.No waiver or consent to depart from the requirements of any provision of the Terms of Services will be binding. Our failure to exercise or enforce any right or provision of these Terms of Services shall not constitute a waiver of such right or provision.

You may not assign or otherwise transfer any of your rights or obligations under these Terms of Services to any third party without the prior written consent of Us. No assignment or delegation by you shall relieve or release you from any of your obligations under these Terms of Services.If any provision of the Terms of Services is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.The parties acknowledge that they have required this Agreement and all related documents to be prepared in English only.

SCHEDULE A

Account Content License & Content Rules

A. ACCOUNT CONTENT LICENSE

Account Content License to Pocket Singer. You hereby grant Pocket Singer and all Pocket Singer Affiliates a worldwide, assignable, non-exclusive, royalty-free, fully-paid, sublicensable (through multiple tiers of sublicensees), irrevocable and perpetual license (the “Account Content License”), in any media format and through any media channels, to access, process, distribute, host, translate, reproduce, edit, adapt, modify, republish, promote, publicly perform, publicly display, create derivative works of, and otherwise use your Account Content, including your or any third-party name, voice, image, likeness, and/or other identifying information as contained in your Account Content:
1. to perform under this Agreement, including without limitation to provide you with the Services and any technical support;
2. to use, display, reformat, and distribute your Account Content through the Services, including making it available to other users;
3. on an aggregated or otherwise anonymous basis, for improving the App, for analytics, and/or generally for research and development;
4. to promote the Services and/or Pocket Singer;
5. to identify and credit you by your username, handle, or Instagram or other social media username as the contributor of your Account Content within the Services or any publication, website, media, or technology now known or later developed in connection with your Account Content; and/or
6. in any other manner, to be determined in Pocket Singer’ sole discretion.
Account Deletion. If you choose to delete your Account, your Account Content shall be removed from the App. Notwithstanding the foregoing, you agree that Pocket Singer may continue to retain, access, process, distribute, host, translate, reproduce, edit, adapt, modify, republish, promote, publicly perform, publicly display, create derivative works of, and otherwise use your Account Content indefinitely in the following cases: if you have shared your Account Content in accordance with the App functionality and this Agreement, and/or if Pocket Singer has displayed your Account Content in the App, Pocket Singer’ social media channels, Pocket Singer’ products, or it is included in third-party or print content, etc.

B. CONTENT RULES

Stock Content. Certain Services may make available to you the use of certain stock photos, videos, audio, music or other Content which you may incorporate into your use of the Services (collectively, the “Stock Content"). Some Stock Content may be licensed to us from third party licensors ("Stock Content Licensors"). Accordingly, your use of the Stock Content shall be subject to this Agreement, as well as such additional terms and conditions that we may communicate to you from time to time, such as terms and conditions from Stock Content Licensors (such additional terms, "Supplemental Stock Content Terms"). Such Supplemental Stock Content Terms are hereby incorporated into this Agreement by reference. To the extent of any conflict or inconsistency between a provision of the main body of this Agreement on the one hand, and Supplemental Stock Content Terms on the other hand, the latter shall govern.
Use in A/V Production. In the event that you use Stock Content in an audio/visual production in which credits are accorded to other providers of Content, you may have to provide credit to the relevant Stock Content Licensors. Therefore, you agree to contact us for further instructions.
1. For purposes of this Agreement, “Commercial Use” shall mean any use made by you of the Services for commercial purposes, including without limitation: (a) the use of the Services to promote a business, brand or a product (including in social or traditional media), and/or (b) the use of the Services as a tool in your business.
2. No ownership rights in or to the Stock Content are provided to you, and other than as specified herein, Pocket Singer and its licensors retain and reserve all rights, title and interest (including without limitation all Intellectual Property Rights) in and to the Stock Content. You may not sell, modify, reuse, resell, distribute, display, reproduce or make any use of the Stock Content which is not expressly permitted hereunder. No ownership rights or copyrights in or to the Stock Content are granted to you. You may not sublicense the use of the Stock Content to any third party.
3. The Stock Content may not be incorporated into a logo, corporate ID, trademark, service mark or any other branding or identifier.
4. The Stock Content may not be used: (a) for pornographic, defamatory or other unlawful purposes; or (b) in physical or digital retail products, such as e-cards, calendars, posters or screensavers, to the extent that such products are for sale.
5. You may not remove any metadata of or about any Stock Content, reverse engineer, decompile, or disassemble the Services to enable the download of the Stock Content, or use the Stock Content, un-Edited or un-Amended, on a stand-alone basis, or not via the Services.
6. You specifically agree that you may not sell your rights to any Stock Content.
7. We do not warrant the accuracy or completeness of any captions or other information (such as metadata) we provide to you with respect to the Stock Content.
8. You may not falsely represent, expressly or impliedly, that you are the original creator of a visual or audio work that derives a substantial part of its artistic components from the Stock Content.
9. Stock Content which is music ("Music Content") may not be used as the theme song for a program or production without having received advance, specific written permission from Pocket Singer. You may only use the Music Content subject to and in accordance with all of the terms and conditions contained herein. You hereby acknowledge that you shall not acquire any rights of ownership with respect to any Music Content used by you in connection with the Services.
10. You may not engage in any conduct which would result in the use, license, sale or exploitation of the Music Content by you or by any third party. Any fees which are due to a Collection Society (as defined hereinafter) for your use of the Music Content shall be payable solely by you. You will take all steps as necessary to submit to the relevant Collection Societies such filings as necessary, including "cue sheets" containing complete and accurate information. For purposes of this Agreement, a "Collection Society" shall mean any performing, mechanical or other rights society (e.g. ASCAP, BMI, SESAC, SOCAN, SACEM, MCPS, PRS, PPl, GEMA, GVL, SGAE, AIE). In the event you wish to use Music Content in a manner not authorized hereunder, you may contact us so that we may (at our discretion) provide you with the contact information of the applicable party that owns and/or controls rights to the particular Music Content, subject to the consent of such applicable party.
11. Music Content may be used by you to produce content that includes branded content (i.e., editorial or creative content containing sponsor or commercial references or integration for which a third party has paid for either sponsorship or brand reference or integration, in accordance with the terms herein).
12. You acknowledge and agree that third-party providers of Music Content may have the right to place monetization claims on your Account Content made available by you on social media platforms that offer the right to make such claims. Such third party will use commercially reasonable efforts to release any activated claims on such Account Content if you dispute the claim and reasonably demonstrate to the third party that such Account Content is created, and that you have acquired the necessary license to such Music Content, through the Services.