TERMS OF SERVICE
LAST UPDATE APRIL 29, 2024
The following terms and conditions govern the use of Nanjing Sound Pod Ltd’s music application(Lamucal). Please read these terms and conditions carefully before downloading or using our application. By downloading or using this application you agree to comply with our terms of service and privacy policy.
We retain the right to amend or modify this terms at our discretion and at any given time by publishing the revised terms on our website/APP. In the event of alterations or additions to this terms, we will make these changes available here or in other formats for your review. Each iteration of this terms will be distinctly identified at the top of the page by its effective date. Your continued utilization of the Service subsequent to the effective date of any modifications to theTERMS OF SERVICE will be considered as your consent to the revised terms.
1.ARTIFICIAL INTELLIGENCE DISCLAIMER
Lamucal employs artificial intelligence and machine learning technologies, among others, to enhance its services. You acknowledge and agree that the technology used by Lamucal is experimental and continuously evolving, which may result in unexpected outcomes. While our tools strive for accuracy, they may occasionally produce errors, omissions, or content that does not precisely reflect real events, places, people, or facts. Certain features may utilize artificial intelligence to suggest lyrics, chords, or other musical elements ("Lamucal Generated Content"). Due to the nature of machine learning, Lamucal Generated Content may occasionally be inaccurate or sensitive. You acknowledge and agree that Lamucal shall not be liable for any inaccuracies, offensive material, or consequences arising from the use of Lamucal Generated Content or any other content generated by our tools. Your use of Lamucal Generated Content is at your own risk.
2. WHO CAN USE THE SERVICES
Before accessing or using our Services, you must agree to the terms of the Agreement. You may also be required to register an account on the Services. By registering for an account or otherwise using the Services, you represent that you are the age of majority in your country of residence or are otherwise authorized to enter into binding agreements, such as this Agreement, without being prevented by any applicable law. If you are under the age of majority or are otherwise not authorized to enter into binding agreements, you represent that your parent or legal guardian has reviewed and agreed to this Agreement on your behalf.
If you access the Services from a social networking site, such as Facebook, you shall comply with its terms of service as well as these Terms.
BY INSTALLING, REGISTERING FOR, USING OR OTHERWISE ACCESSING THE SERVICES, OR ANY COMPONENT THEREOF, YOU AGREE TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, PLEASE DO NOT INSTALL, USE OR OTHERWISE ACCESS THESE SERVICES OR THEIR CONTENT. USE OF THE SERVICES IS VOID WHERE PROHIBITED.
IF YOU ARE A PARENT OR GUARDIAN AND YOU PROVIDE CONSENT FOR YOUR CHILD TO USE THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF THEIR USE. You accept full responsibility for any unauthorized use of the Services by minors in connection with your account.
3. RIGHT TO USE THE SERVICES
3.1 Our Services are the property of Lamucal or its licensors. Subject to certain limitations as described herein, you are granted the right to use the Services, as well as access and use applications.
3.2 Subject to your acceptance of these Terms and your continued compliance with them and the Agreement, Lamucal grants you a limited, non-exclusive, non-transferable and non-sublicensable license to use the Services and related software (only the executable version, excluding source) , strictly for your personal, non-commercial use.The Services are licensed, not sold or transferred to you. Any software copies or other material of the Services, including Service Content, will remain the property of Lamucal and its licensors even after they are downloaded or installed on your device.
3.3 You may not use the Services or any part thereof in any way that is not expressly permitted by the Agreement. You are prohibited from using the Services for public performances. You further agree that you will not, and will not attempt to, copy, modify, share or transfer any part of the Services thereof unless specifically permitted by Lamucal.
3.4 The license to use the Services granted under these Terms remains in effect until terminated by you or us. Your license is automatically revoked if you violate these Terms or the Agreement.
3.5 The Lamucal Services are provided to you 'as is'. Neither Lamucal nor any third parties, its licensors, or affiliated parties provide any warranty or guarantee regarding the accuracy, timeliness, completeness, uninterrupted or error-free operation, or defect-free nature of the Lamucal Services. Furthermore, there is no warranty that your use of the Lamucal Services will not infringe upon the rights of third parties, or that the Services are suitable for any particular purpose, or that all errors and defects will be corrected. We expressly exclude any liability for your use of the Lamucal Services to the fullest extent permitted by law.
3.6 You are responsible for all data, including data uploaded by you, and results processed or created through your use of the Lamucal Services. You ensure that such data and results are lawful and do not infringe any third-party rights. Additionally, you agree to indemnify us from any claims made by third parties, in any form, related to this data, results, or your use of the Lamucal Services.
3.7 Lamucal reserves the right, at its sole discretion, to modify, enhance, discontinue, temporarily or permanently, any aspect, feature, or functionality of the Services at any time, with or without prior notice. Changes may include the addition, modification, or removal of features, functionalities, or content. Continued use of the Services after any such changes constitutes your acceptance of the new terms.
3.8 Lamucal reserves the right, at its sole discretion, to impose limitations or restrict your access to any portion or the entirety of the Lamucal Service, at any time, without prior notice.
3.9 Lamucal’s YouTube integration uses the YouTube API Services. By using Lamucal’s YouTube integration, you agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms) and acknowledge that such use is subject to Google’s Privacy Policy (https://policies.google.com/privacy).
4. USER ACCOUNT
Certain elements of the Services may enable you to create an account or otherwise register (“Account”), while others do not. You may be required to select a password for your Account or you may also use other credentials to access the Account (“Login Information”). You further consent and authorize us to verify your Login Information as required for your use of and access to the Services, as applicable. You agree that you will not share the Account or Login Information nor let anyone else access your Account or do anything else that may jeopardize the security of your Account.
You agree that you are responsible for maintaining the confidentiality of your Login Information. If you suspect that your Login Information and/or Account has been accessed or used without your authorization, you must immediately notify Lamucal and modify your Login Information. You are responsible for any use of the Login Information and activity on your Account, including purchases, whether or not authorized by you.
Lamucal reserves the right to refuse or limit the registration for any reason. WITHOUT LIMITING ANY OTHER REMEDIES, WE HAVE THE RIGHT TO REMOVE ANY LOGIN INFORMATION, AND SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT OR ACCESS TO THE SERVICE OR A PORTIONS THEREOF, WITH OR WITHOUT NOTICE TO YOU, IF YOU ARE OR WE REASONABLY SUSPECT THAT YOU ARE FAILING TO COMPLY WITH THIS AGREEMENT, OR FOR ANY ACTUAL OR SUSPECTED ILLEGAL OR IMPROPER USE OF THE SERVICES, OR FOR ANY OTHER REASON. AS A RESULT OF ACCOUNT TERMINATION OR LIMITATION YOU CAN LOSE YOUR USERNAME IN THE SERVICES AS WELL AS ANY EARNED ITEMS, PRIVILEGES AND PURCHASED ITEMS ASSOCIATED WITH YOUR USE OF THE SERVICES, AND Lamucal IS UNDER NO OBLIGATION TO COMPENSATE YOU FOR ANY SUCH LOSSES OR RESULTS.
To promote the sharing and dissemination of knowledge, Users hereby grant Lamucal a free, global, perpetual, irrevocable, assignable, sublicensable, and non-exclusive license to use all content they have published on Lamucal. Lamucal reserves the right to utilize such content across all products and services of Lamucal and its affiliates, including but not limited to current and future websites, applications, and other internet products.
Should a User authorize a third party to repost content that the User has published on Lamucal to other platforms, the User must ensure that the third party prominently identifies the original author's name (or the username used on Lamucal), the original link, and includes the statement “Published on Lamucal.”
If a third party infringes upon a Lamucal User’s rights, the User agrees to authorize Lamucal or its designated agent to issue warnings, lodge complaints, initiate administrative or legal proceedings, file appeals, or negotiate settlements with the third party on behalf of Lamucal or the User, and to join said proceedings to safeguard legal rights if Lamucal deems it necessary.
Lamucal reserves the right to review content published by the User but makes no express or implied warranties regarding the accuracy or reliability of such content, which does not represent the opinions or recommendations of Lamucal. Lamucal is entitled to handle infringement information in accordance with relevant evidence, applicable laws and regulations, and the Service Terms.
5. PAYMENT
5.1 PAYMENT POLICY
You may access parts of the Services for free, and other services and products may require payment of subscription and/or other fees (“Paid Content"). Fees charged may be one-time payments or automatically renewing payments as described in more detail in the respective Services. By choosing to access and/or buying or subscribing to Paid Content, you authorize us to charge your credit card or other approved payment method for all the costs and charges that apply to such Paid Content. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all subscriptions and purchases made by you or through you or by anyone that has used your Account(s).
Please note that we may use a third-party payment processor to facilitate payments in the Services. If you make a purchase through a third-party application store, such as the Apple App Store or Google Play Store, your purchase will be subject to such third party’s applicable payment policy.
5.2 PAYMENT INFORMATION
To access Paid Content of the Services, you must provide valid and accepted payment information. If the payment information provided by you is declined for payment of the Paid Content you are subscribed to, you must provide us with new valid payment information or your access to Paid Content may be suspended. You will get access to Paid Content as soon as the initial payment has been processed.
5.3 TRIALS
When you subscribe for Paid Content, we may from time to time offer a trial period (“Trial Period”) without payment or at a reduced rate. This may vary depending on promotions, type of subscription and the term you select at the time of purchase. We reserve the right, in our absolute discretion, to determine your eligibility for a Trial Period and may cancel or change the Trial Period at any time without notice and liability within the limits permitted by applicable law.
We may require you to provide your valid payment information to start the Trial Period. By providing this information, you agree that, unless you cancel your paid subscription prior to the end of the Trial Period, we may automatically begin charging you for such Paid Content you subscribed to on the first day after the end of the Trial Period on a monthly or other recurring basis notified to you, until you cancel your subscription to Paid Content (e.g. turn off automatic renewal from your account settings or via the Apple App Store or the Google Play Store). If you do not want to be charged, you must cancel your subscription to such Paid Content before the end of the Trial Period. If you cancel your subscription to Paid Content, your Account will only have access to those parts of our Services that you may access for free.
5.4 BILLING, RENEWALS AND CANCELLATIONS
The subscription fee for our auto-renewable subscription plans may be billed as one-time advance payment for the subscribed period (e.g. 1, 3, 6 or 12 months) or in monthly installments charged every month in advance for the duration of the subscription period. The pricing and terms applicable to your subscription may vary depending on promotions, type of subscription and the subscription period you select at the time of purchase.
If your subscription started with a promotion or trial at a reduced rate, your renewal rate may be higher than your initial rate.
In some cases, your payment billing dates or billing term of your subscription may change if your payment has not successfully settled on the original due date. We will inform you of the billing term change through email.
If you choose to sign up for an auto-renewable subscription for Paid Content, you understand that and authorize that your subscription will automatically renew at the end of the subscription period and that payment for the renewal period is automatically charged from you using the payment information you have provided, unless you cancel your subscription before the end of the then-current subscription period. You can cancel your auto-renewing subscription to Paid Content purchased from our site from your account settings or by contacting our support. If you purchased a paid subscription via a third party, such as the Apple App Store or Google Play Store, you can cancel the paid subscription via such third party following the applicable terms and payment policies of such third party.
Unless prohibited by applicable law and except as specifically provided otherwise, any payments are always FINAL and NON-REFUNDABLE.
5.5 PRICE CHANGES
Our prices may change from time to time. If the pricing of your subscription changes, we will notify you in advance and provide you an opportunity to review those changes to your subscription. Price changes will take effect at the beginning of the next subscription period after the date of the price change. Applying any price changes to your subscription or charging your payment details in connection with an automatic renewal applying a new price is subject to your approval of the changed pricing. In accordance with applicable law, you accept the price change by continuing to use the Services after the price change takes effect. If you do not accept this price change, you have the right to refuse the change by cancelling the subscription to Paid Content before the price change takes effect.
Introductory offers or discount promotional periods are limited. The discount period on the regular price for Lamucal services is always clearly stated on price reductions. After the initial discount period, the normal subscription price will apply.
6.USER GENERATED CONTENT
Do not utilize Lamucal Generated Content or Output for training or adjusting artificial intelligence or machine learning models, whether as the sole input or as part of a larger dataset.
Do not sublicense, sell, loan, share, broadcast, rent, lease, assign, distribute, or transfer all of the Lamucal Generated Content to a third party.
The usage of generated lyrics, chords, or other musical elements is limited to personal, noncommercial purposes in accordance with this Agreement.You may not reproduce, publish, transmit, distribute, publicly display, rent, lend, modify, create derivative works from, sell, or exploit any Lyrics provided to you, except as authorized for personal use.
You acknowledge that no “karaoke” or “sing-along” rights are granted for Lyrics, and you must not remove any vocal track from a sound recording associated with a provided Lyric. You must not assign, transfer, or transmit any Lyrics to third parties, and you agree not to circumvent efforts to protect the Lyrics from unauthorized usage.
You Must Own or Have Rights to the Content You Submit; User Content Declarations and Guarantees. Do not submit User Content to Lamucal if you are not the owner or fully authorized to grant rights in all elements of that User Content, including all ambient music and underlying musical works contained in any audio recordings. Lamucal disclaims any and all liability related to User Content. You are solely responsible for your User Content and the consequences of submitting it through the Lamucal service.
You acknowledge that if you choose to share or make public some of your music works created with Lamucal Ltd’s application you are then the distributor and you will hold all the responsibility for that activity. Use of this application shall not grant any rights or licenses to any copyrights or trademarks or any other intellectual property rights exploited in the application. Lamucal Ltd takes no responsibility for possible claims made by a third party and Lamucal Ltd is not responsible for users’ activities in general.If you have any questions about Lamucal or this Agreement, please contact our support by sending an email to service@okmusician.com.
Lamucal is not obligated to monitor, edit, or control User Content submitted by you or other users and assumes no responsibility or liability for any User Content. However, Lamucal reserves the right, at its sole discretion and without prior notice, to screen, remove, edit, or block any User Content that violates these Terms, infringes upon third-party rights, or is otherwise deemed objectionable. By using the Service, you may encounter User Content from various sources, which could be inaccurate, offensive, indecent, or objectionable. You hereby waive any legal or equitable rights or remedies you may have against Lamucal regarding User Content. Should any User Content be reported as allegedly non-compliant with these Terms, Lamucal may investigate such claims and, at its sole discretion, decide to remove the User Content without prior notice. Lamucal expressly prohibits any infringing activities on its Service.
7. THIRD-PARTY LINKS
The Lamucal Service may include links to external websites, applications, services, or other content not controlled or maintained by Lamucal ('Third-Party Sites'). These links are provided solely for your convenience and do not constitute an endorsement by Lamucal of the Third-Party Sites. Lamucal is not responsible for the content, policies, or practices of these Third-Party Sites and advises you to review their terms of use and privacy policies. Your use of any Third-Party Sites is at your own risk and subject to the terms and conditions of use for such sites.
8. NOTICE AND TAKEDOWN PROCEDURE
If any person or legal entity is of the opinion that any content available through the Lamucal Services infringes its rights in or to such content, it can submit a complaint at service@okmusician.com specifying the title of the content and the rights which he or she has in or to the content. If we find the complaint founded, we will remove the content as soon as possible.
9. APPLICABLE LAW AND COMPETENT COURT
Your use of the Lamucal Service, these terms and conditions, the relationship between you and us and any dispute arising therefrom is subject to the laws of the China. Any dispute not settled between you and us will be brought before the Chinese competent court.