Terms and Conditions

Introduction

These Terms govern the use of Apps and any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

The Owner offers Products through the App Store and Google Play Store. Although the entire contractual relationship relating to these Products is entered into solely by the Owner and Users, Users acknowledge and agree that Apple and Google may enforce these Terms as third-party beneficiaries.

Apps are provided by:

Claros Teknoloji Anonim Şirketi

Owner contact email: [email protected]

What the User should know at a glance

Please note that some provisions in these Terms may only apply to certain categories of Users. In particular, certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.

Terms of Use

Unless otherwise specified, the terms of use detailed in this section apply generally when using Apps.

Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using Apps, Users confirm to meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users;
• Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
• Users aren’t listed on any U.S. Government list of prohibited or restricted parties;

Content on Apps

Unless where otherwise specified or clearly recognizable, all content available on Apps is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on Apps infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.

In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights regarding content on Apps - All rights reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not therefore use such content in any way that is not necessary or implicit in the proper use of the Service.

In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties, or create derivative works from the content available on Apps, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on Apps, the User may download, copy, and/or share some content available through Apps for its sole personal and non-commercial use, provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented. (This statement does not apply to AI content-generated apps like SongAI: AI Music & Lyrics Maker. Please refer to the specific provisions for SongAI: AI Music & Lyrics Maker and HandAI below.)

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to External Resources

Through Apps, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third party’s terms and conditions or, in the absence of those, applicable statutory law.

In particular, on Apps, Users may see advertisements provided by third parties. The Owner does not control or moderate the advertisements displayed via Apps. If Users click on any such advertisement, they will be interacting with any third party responsible for that advertisement.

The Owner is not responsible for any matters resulting from such interaction with third parties, such as anything resulting from visiting third-party websites or using third-party content.

Acceptable Use

Apps and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of Apps and/or the Service violates no applicable law, regulations, or third-party rights.

Moderation Rights

The Owner reserves the right to review, edit, and/or remove any content generated or shared by Users that it deems inappropriate, offensive, illegal, or in violation of these Terms or applicable laws. The Owner may also suspend or terminate the User's access to the Apps or the Service for any violation of these Terms.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests, including by denying Users access to Apps or the Service, terminating contracts, reporting any misconduct performed through Apps or the Service to the competent authorities—such as judicial or administrative authorities—whenever Users engage or are suspected to engage in any of the following activities:

• Violate laws, regulations, and/or these Terms;
• Infringe any third-party rights;
• Considerably impair the Owner’s legitimate interests;
• Offend the Owner or any third party.

Contract Duration

Subscriptions

Subscriptions allow Users to receive a product continuously or regularly over a determined period of time.

Paid subscriptions begin on the day the payment is received by the Owner.

In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

• Users may subscribe to a product using their Apple App Store account or Google Play Store account by using the relevant process on Apps. When doing so, Users acknowledge and accept that any payment due shall be charged to their Apple account or Google Play account.
• Subscriptions are automatically renewed for the same duration unless the User cancels at least 24 hours before the current period expires.
• Any and all fees or payments due for renewal will be charged within 24 hours before the end of the current period.

Free Trial

Any free trial offer, if provided, entitles new users to a one-time free trial usage. If the User purchases a subscription before the end of the free trial period, any unused portion of the free trial will be forfeited.

Detailed information related to Google Play subscriptions:

https://support.google.com/googleplay/answer/2476088

Detailed information related to Apple Store subscriptions:

https://support.apple.com/en-us/HT202039

Subscriptions can be managed or canceled in the Users’ Apple App Store account or Google Play account settings:

https://play.google.com/store/account/subscriptions

https://apps.apple.com/account/subscriptions

The above shall prevail upon any conflicting or diverging provision of these Terms.

Cancellation

All purchases are non-refundable. You can cancel your subscription at any time by logging into your account. Your cancellation will take effect at the end of the current paid term.

Termination of Services

The Owner reserves the right to terminate or suspend the User's access to the Apps or the Service at any time, without notice, for any reason, including but not limited to breach of these Terms. Upon termination, all rights granted to the User under these Terms will cease immediately, and the User must cease all use of the Apps and the Service.

Liability and Indemnification

Australian Users

Limitation of Liability

Nothing in these Terms excludes, restricts, or modifies any guarantee, condition, warranty, right, or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted, or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner’s sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

Apps is provided strictly on an “as is” and “as available” basis. Use of the Service is at Users’ own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties—whether express, implied, statutory, or otherwise—including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by User from Owner or through the Service will create any warranty not expressly stated herein.

Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees be liable for:

• Any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the Service; and
• Any damage, loss, or injury resulting from hacking, tampering, or other unauthorized access or use of the Service or User account or the information contained therein.

Indemnification

The User agrees to defend, indemnify, and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers, and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs, or debt, and expenses arising from:

• User’s use of and access to the Service, including any data or content transmitted or received by User;
• User’s violation of these Terms.

Common Provisions

No Waiver

The Owner’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision.

Service Interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates, or any other changes, informing the Users appropriately.

Privacy Policy

To learn more about the use of their Personal Data, Users may refer to the privacy policy of Apps.

Intellectual Property Rights

Without prejudice to any more specific provision of these Terms, any intellectual property rights related to Apps are the exclusive property of the Owner or its licensors.

Changes to These Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Continued use of the Apps or the Service after any such changes shall constitute the User's consent to such changes.

Contacts

All communications relating to the use of Apps must be sent using the contact information stated in this document.

Governing Law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

Exception for European Consumers

However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

Venue of Jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document.

Exception for European Consumers

The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway, or Iceland.

Specific Provisions for SongAI: AI Music & Lyrics Maker

SongAI: AI Music & Lyrics Maker’s Pro packages allow subscribers to create up to 30 songs weekly or 500 songs annually. Should you reach this limit and wish to continue creating music, you have the option to purchase additional song credits directly within the app. This enables you to maintain your creative flow without waiting for the next subscription period. Please note, the song count will reset with each renewal of your subscription.

All songs created using SongAI: AI Music & Lyrics Maker are generated with the assistance of AI based on user inputs and are the sole responsibility of the user. If the AI generates content that is deemed offensive or inappropriate, it is up to the user to delete such content. SongAI: AI Music & Lyrics Maker does not accept responsibility for the content generated and urges users to review and manage their creations proactively.

Ownership and Licensing

• Royalty-Free Use Anywhere: SongAI: AI Music & Lyrics Maker PRO subscribers own the songs they generate during their subscription period. Free users' generated songs are owned by SongAI: AI Music & Lyrics Maker, but free users can use them for personal use.

Personal Use

Personal Use refers to any non-commercial activity where the generated song is used for private purposes. This includes activities that do not directly generate revenue or are not intended for commercial gain. Examples include:

1. Private Listening: Enjoying the song for personal entertainment on your devices.
2. Sharing with Friends and Family: Sending the song to friends and family members through private channels (e.g., messaging apps, email).
3. Social Media: Posting the song on personal social media accounts without monetization (e.g., Facebook, Instagram, TikTok) as long as it’s not part of a promotional or branded content strategy.
4. Personal Projects: Using the song in personal projects such as home videos, school projects, or personal blog posts that are not monetized.
5. Non-Profit Use: Utilizing the song in non-commercial, charitable, or educational activities without any financial gain.

Commercial Use

Commercial Use refers to any activity where the generated song is used with the intent to generate revenue or is associated with a business or commercial entity. Examples include:

1. Monetized Social Media: Posting the song on social media accounts that are monetized, such as YouTube channels with ad revenue, sponsored posts, or influencer accounts.
2. Advertising and Promotions: Using the song in advertisements, marketing campaigns, or promotional materials for a product, service, or business.
3. Streaming Services: Distributing the song on commercial music streaming platforms (e.g., Spotify) or selling the song through online music stores.
4. Business Use: Incorporating the song into corporate videos, presentations, or as background music in commercial spaces such as stores, restaurants, or websites.
5. Paid Projects: Using the song in projects that are sold or licensed, such as films, video games, or commercial apps.
6. Public Performances: Performing the song live or broadcasting it in a setting where the performance is associated with a commercial entity or generates revenue.

Copyrighted Material

• User Responsibility: It is the user's responsibility to ensure that any lyrics or elements they input into SongAI: AI Music & Lyrics Maker do not infringe on the copyrights of third parties. SongAI: AI Music & Lyrics Maker does not claim ownership of the inputted material.
• Prohibition of Unauthorized Use: If a user inputs copyrighted material into the lyrics, description, remix feature, or any other method of generating a song, the user must obtain explicit permission from the respective copyright holder before using, distributing, or selling the generated content. Users are not granted any copyright or intellectual property rights over such generated content and must refrain from claiming ownership.
• Remix Feature Restrictions: Specifically for the remix feature, all copyrights remain exclusively with the original copyright holders. Users are prohibited from distributing, selling, or claiming any rights over remixed content without proper authorization from the copyright holders.
• Compliance and Enforcement: Users must comply with all applicable copyright laws and regulations when using copyrighted materials within SongAI: AI Music & Lyrics Maker. Any violation may result in termination of access to the Service and potential legal actions.

Intellectual Property

• Protection of Intellectual Property: Users retain ownership of the original content they provide (e.g., user-created lyrics). However, SongAI: AI Music & Lyrics Maker does not provide any copyright protection services for the user-generated content. Users are responsible for protecting their own intellectual property rights.

Publishing and Sharing

• Social Media and Online Platforms: Users are free to publish songs created on SongAI: AI Music & Lyrics Maker to social media and other platforms within the scope of the use. Free users must provide attribution (Created by SongAI: AI Music & Lyrics Maker), while paying subscribers are encouraged to do so.

Public Sharing of Content

• User-Generated Public Content: When you choose to make your songs public within SongAI: AI Music & Lyrics Maker, you are allowing other users to access and use your music. Please be mindful that once your song is set to public, it can be played, shared, and utilized by others within the SongAI: AI Music & Lyrics Maker community.

Legal Compliance and Queries

• Legal Advice: Copyright protection for AI-generated content is a complex and evolving area of law that varies by country. We recommend consulting a qualified attorney to stay updated on the latest developments and understand the degree of copyright protection available for your generated content.

Specific Provisions for HandAI

HandAI allows Users to upload photographs of their hands to receive information about hydration levels, skin cancer risk, and other related health indicators. Please be aware that the information provided by HandAI is for informational purposes only and is not intended to constitute professional medical advice, diagnosis, or treatment. Users should consult a qualified healthcare provider for any medical concerns or before making any health-related decisions based on the information provided by HandAI.

Subscription Credits

HandAI operates on a credit-based subscription model to access its premium features. Users can choose between weekly and annual subscription plans:

• Weekly Subscription: Includes 2 credits per week.
• Annual Subscription: Includes 50 credits per year.

Credits are used to access premium features such as detailed hydration analysis, advanced skin cancer risk assessments, and personalized health recommendations. Unused credits do not roll over to the next subscription period. Users can purchase additional credits within the app if needed.

Disclaimers and Limitations

• No Medical Advice: The insights provided by HandAI are based on algorithms and are not a substitute for professional medical evaluation or advice. Users should not rely solely on HandAI for medical decisions.
• Accuracy of Information: While HandAI strives to provide accurate and up-to-date information, it cannot guarantee the accuracy, completeness, or reliability of the data and analyses provided.
• User Responsibility: Users are responsible for interpreting the information provided by HandAI and should seek professional medical consultation for any health-related concerns.
• Limitation of Liability: The Owner shall not be liable for any damages or losses resulting from the use or inability to use HandAI, including any reliance on the information provided.

Data Privacy and Security

HandAI collects and processes images of users' hands to provide health-related insights. The Owner is committed to protecting Users' privacy and ensuring the security of their data. For detailed information on how personal data is handled, please refer to the Privacy Policy of Apps.

Intended Use

HandAI is intended to be used as a supplementary tool for monitoring certain health indicators. It is not designed to replace professional medical assessments or diagnostics. Users should not use HandAI to self-diagnose or treat any medical conditions.

Prohibited Uses

• Users must not use HandAI for any unlawful purposes or in any way that violates these Terms.
• Users must not attempt to reverse engineer, decompile, or otherwise extract the source code of HandAI.
• Users must not use HandAI to upload any content that is defamatory, obscene, offensive, or otherwise objectionable.
• Users must not use HandAI to infringe upon the intellectual property rights of others.
• Users must not use HandAI in a manner that could damage, disable, overburden, or impair the service or interfere with any other party's use and enjoyment of the service.

User Responsibilities

Users are responsible for maintaining the confidentiality of their account credentials and for all activities that occur under their account. Users must ensure that the information they provide to HandAI is accurate and up-to-date. Any unauthorized use of a User's account should be reported to the Owner immediately.

Updates and Changes

The Owner reserves the right to modify or discontinue HandAI, temporarily or permanently, with or without notice. The Owner shall not be liable to any User or any third party for any modification, suspension, or discontinuance of HandAI.

Support and Feedback

Users can contact the Owner for support or to provide feedback regarding HandAI via the contact information provided below:

Email: [email protected]

Being here to make your life easier, we aim to go beyond the limits in developing iOS and Android mobile apps to disclose the full potential of the power of mobile apps in various areas.

Definitions

• Owner: Refers to Claros Teknoloji Anonim Şirketi.
• Apps: Refers to the mobile applications provided by the Owner, including but not limited to SongAI: AI Music & Lyrics Maker and HandAI.
• Service: The features and functionalities provided through the Apps.
• User(s): Any individual or entity accessing or using the Apps or the Service.

Severability

Should any provision of these Terms be deemed invalid or unenforceable under applicable law, the remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms constitute the entire agreement between the User and the Owner regarding the use of the Apps and the Service and supersede any prior agreements or understandings.

Support and Contact Information

Users can reach out to the Owner for support or inquiries via the contact information provided:

Email: [email protected]

Age Restrictions

Users must be at least 13 years old to use the Apps and the Service. Users under the age of majority in their jurisdiction must have the permission of a parent or legal guardian.

Dispute Resolution

Any disputes arising out of or relating to these Terms shall be resolved in accordance with the governing law and venue of jurisdiction provisions stated above. The Owner and the User agree to attempt to resolve any disputes amicably before proceeding to arbitration or litigation.

Third-Party Services and Links

The Apps may contain links to third-party websites or services that are not owned or controlled by the Owner. The Owner has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

Changes and Updates

The Owner may update these Terms from time to time. Users are advised to review this document periodically. Changes to these Terms are effective when they are posted on this page.

Acknowledgment

By using the Apps or the Service, the User acknowledges that they have read these Terms, understand them, and agree to be bound by them.