TERMS OF USE

THESE TERMS OF USE (OR "TERMS") ARE BETWEEN SUNOSUNAO AUDIO TECHNOLOGIES PRIVATE LTD. ("SUNOSUNAO," "WE," "OUR," "US") AND YOU, AN INDIVIDUAL USER ("YOU," "YOUR," "YOURS"), AND GOVERN YOUR USE OF SUNOSUNAO’S WEBSITE AND/OR MOBILE SOFTWARE APPLICATION AVAILABLE ON ANY THIRD-PARTY APP STORE AND ALL RELATED PLAYERS, WIDGETS, TOOLS OR OTHER ONLINE PROPERTIES OWNED OR CONTROLLED BY SUNOSUNAO AUDIO TECHNOLOGIES PRIVATE LIMITED.

These Terms of Use, together with our Community Guidelines and any other terms specifically referred to in any of those documents, all of which are incorporated by reference into these Terms of Use, constitute a legally binding contract (the "Agreement"), between you and SunoSunao in relation to your use of the Website, Apps and Platforms (together, the "Platform").

ACCEPTANCE

This document is an electronic record in terms of the Information Technology Act, 2000 and the rules framed thereunder, as applicable and amended from time to time, pertaining to the electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT USE THE APP/WEBSITE.

• I. INTRODUCTION

  Welcome to SunoSunao!
  These Terms constitute a legally binding contract between You and SunoSunao.
  You agree that by clicking on one of the "Account Creation Options" (Phone Number, Email, App download, profile creation in SunoSunao App) or any other account creation options that may be provided by SunoSunao from time to time, registering to use, accessing or using the Platform, you are agreeing to enter into a legally binding contract with SunoSunao. Read these Terms carefully. They govern your use of the Platform and include legal provisions that limit our liability. By installing the App or otherwise using any portions of the Platform, you agree that you have read, understood, and agree to be bound by these Terms.

• II. USER ELIGIBILITY

  By registering an account with SunoSunao or using the Platform in any manner, you represent and warrant that (1) you are of sufficient legal age or otherwise have legal capacity to legally enter into these Terms; (2) If you are a minor, you may use the Platform only under the supervision of your parent or guardian; (3) you will comply with these Terms; (4) your use of the Platform does not violate any applicable laws or regulations; (5) you are not a convicted sex offender; (6) you have not been previously suspended or removed from the platform by SunoSunao; (7) you are not located in a country that is subject to an Indian Government embargo, or that has been designated by the Indian Government as a "terrorist supporting" country; and (8) you are not listed on any Indian Government list of prohibited or restricted parties.

  SunoSunao reserves the right to terminate your account or membership and refuse to provide you with access to the Platform if We discover that you are incompetent to contract. The Platform is not available to persons whose membership has been suspended or terminated by Suno Sunao for any reason whatsoever. If You are registering as a business entity, you represent that you have the authority to bind the entity to these Terms and Conditions.

• III. CHANGES TO THESE TERMS

  We may change these Terms from time to time. We will notify you of material changes to these Terms by posting the amended terms on the App, our website and Platform. If you do not agree with the changes, you should discontinue your use of the App or Platform prior to the time the new Terms take effect.

  BY CONTINUING TO USE THE APP/PLATFORM AFTER THE CHANGES BECOME EFFECTIVE, YOU AGREE TO THE REVISED TERMS.

• IV. CHANGES TO THE SERVICES

  We are continually evolving our Platform. We therefore expressly reserve the right to change, add to, suspend, discontinue, or retire any aspect of the services offered through the Platform at any time without prior notice. If we update the App/Platform or its services and you object to an applicable change for any reason, your sole remedy shall be to stop using the App/Platform.

• V. PRIVACY

  The Platform services cannot be provided and the Terms cannot be performed without SunoSunao processing information about you and other users. Processing of the information you share with SunoSunao is essential to the services we provide. Your privacy is important to us. Please read our Privacy Policy (within the Settings section of the App) to learn how we may collect, use, share and store your information. The Privacy Policy is part of and is governed by these Terms, and by agreeing to these Terms, you agree to be bound by the terms of the Privacy Policy and agree that we may use information collected from you in accordance with its terms. If you do not agree to the use of your personal information in accordance with our Privacy Policy, do not access or otherwise use any portion of the Platform.

• VI. COMMUNITY GUIDELINES

  To keep our community fun, safe, and enjoyable, your use of the Platform is subject to our Community Guidelines (within the Settings section of the App), which are part of these Terms.

• VII. YOUR USE OF THE PLATFORM

  SunoSunao provides you with access to its Platform free of charge but reserves the right to introduce fee-based subscription plans in the future with prior notice of the same.

  In return for enjoying access to the App/Platform, you acknowledge and agree that SunoSunao may generate revenues, increase goodwill, or otherwise increase the value of SunoSunao based on your use of the Platform, for which you shall have no right to any share in this revenue, goodwill or value whatsoever. You further acknowledge that you shall not have any right to receive any income or other consideration from SunoSunao with respect to any of your User Content (defined in Clause XI(a). below). However, SunoSunao may organise competitions and/or promotional events in which there may be prizes including prize money which you may win. Prizes awarded in such events shall be the sole prerogative of SunoSunao, including the terms and conditions as well as the nature of prizes and in case of money, the quantum. You shall not have any right over such money or any other prize or benefit in any manner whatsoever.

• VIII. YOUR ACCOUNT

  • Registration: While you may always browse any public-facing portions of the App without registering with SunoSunao, however, to enjoy full benefits of the App/Platform, you must download the App and register an account with SunoSunao ("Account").

  • Account Security: If you use the App, you are responsible for maintaining the confidentiality of your account and password (or OTP based log in) and for restricting access to your devices and account, and you agree to accept the responsibility for all activities that occur under your account. SunoSunao shall not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your account. You agree to notify SunoSunao if you suspect or know of any unauthorized use of your Account or any other breach of security with respect to your Account.

  • Accuracy of Information: When creating an Account, you agree to provide true, accurate, current, updated, and complete information as SunoSunao requests. If there are any changes to the information you provide in connection with your Account, you must update the applicable information promptly, and as necessary to keep it current and accurate. You represent to SunoSunao that the information provided upon the creation of your Account is accurate and that any contact details you provide is controlled by you. If SunoSunao has reasonable grounds to suspect that such information is untrue, inaccurate, not current, SunoSunao has the right to indefinitely suspend or terminate your registration and refuse to provide you with access to the App.

• IX. SUNOSUNAO’s MANAGEMENT OF THE PLATFORM; USER MISCONDUCT

  SunoSunao reserves the right to:

  • disallow, cancel, remove, or reassign certain usernames and permalinks in appropriate circumstances, as determined by SunoSunao in its sole discretion;
  • with or without prior notice, suspend or terminate your Account if activities occur on your Account which, in SunoSunao's sole discretion, would or might constitute a violation of these Terms, cause damage to or impair the Platform, infringe or violate any third-party rights, damage SunoSunao's reputation, or violate any applicable laws, rules or regulations;
  • monitor or review the Platform for violations of these Terms and for compliance with our policies;
  • report to law enforcement authorities and/or take legal action against anyone who violates these Terms;
  • refuse, or restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any User Content or any portion thereof; and/or
  • manage the Platform in a manner designed to protect our, our members, and third parties’ rights and property or to facilitate the proper functioning of the Platform. If messages sent to the contact details you provide are returned as undeliverable, then SunoSunao may terminate your Account immediately without notice to you and without any liability to you or any third party.

  WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OR ANY REMEDY WE MAY HAVE UNDER LAW OR IN EQUITY, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION, AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APP/PLATFORM TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION.

• X. SUNOSUNAO CONTENT AND RIGHTS GRANTED TO YOU

  • License: Subject to your complete and ongoing compliance with these Terms, SunoSunao grants you a revocable, non-exclusive, non-transferable, non-sublicensable, royalty-free, and worldwide right and license to use the App. Pursuant to this license, you may: (i) download, access, and use an object code version of the App on any device that you own or control; and (ii) access and use the App/Platform, solely for your personal, non-commercial use.

  • SunoSunao Content: Except for User Generated Content (as defined in Section XI. (a) below), the content that SunoSunao provides to Users on or through the App/Platform, including, without limitation, any sound recordings (and the musical works embodied therein), video, text, graphics, photos, software, and interactive features, is protected by copyright or other intellectual property rights and owned by SunoSunao or its third-party licensors (collectively, "SunoSunao Content"). SunoSunao Content is exclusively for use as part of the App/Platform and may not be exported outside of the App/Platform, except as explicitly permitted and endorsed by SunoSunao. Any attempt to circumvent this provision is a violation of these Terms. SunoSunao also solely owns all design rights, databases and compilations, and other intellectual property rights in and to the App/Platform, in each case whether registered or unregistered, and any related goodwill.

  • SunoSunao Marks: The SunoSunao trademarks, Platform marks, and logos (collectively, the "SunoSunao Trademarks") used and displayed on the Platform are SunoSunao’s registered and/or unregistered trademarks or Platform marks. Any other product and Platform names located on any part of the Platform may be trademarks or Platform marks owned by third parties (collectively with the SunoSunao Trademarks, the "Trademarks"). Except as otherwise permitted by law, you may not use the Trademarks for any purpose, and expressly agree not to use the Trademarks to disparage SunoSunao or an applicable third party, or in any manner that may damage any goodwill in the Trademarks. You may not use any Trademarks as part of a link to or from any website without SunoSunao’s prior express written consent. SunoSunao shall be the sole beneficiary of any goodwill generated from use of SunoSunao Trademarks.

  • Reservation of Rights: SunoSunao hereby reserves all rights not expressly granted to you in this Section X. Nothing in these Terms or on the Platform will be construed as granting to you additional license rights in and to the Platform or any SunoSunao Content or Trademarks.

• XI. USER GENERATED CONTENT AND RIGHTS YOU GRANT TO SUNOSUNAO

  • User Generated Content (hereinafter referred to as “User Content”) means any content that you or other users upload, post, or transmit to or through the Platform (collectively, "Post") including, without limitation, sound recordings, audio tracks, musical works, and any other works subject to protection under the laws of the India or any other jurisdiction, including, without limitation, Copyright laws or any other law. For clarity, User Generated Content excludes any and all SunoSunao Content. You may Post User Generated Content and otherwise use and enjoy its various functionalities, subject to these Terms.

  • Ownership: Subject to any third-party rights in any pre-existing content that is a part of your User Generated Content and subject to the license you grant to SunoSunao, you retain ownership of any rights you may have in your User Generated Content, and posting your User Generated Content does not transfer ownership of your rights.

  • License to SunoSunao: You hereby grant SunoSunao an unrestricted, assignable, sub-licensable, royalty-free, perpetual, worldwide license to edit, modify, reproduce, synchronize, transmit and communicate to the public, publicly perform, make available, distribute, publicly display, exhibit, create derivative works from, and otherwise exploit and use ("Use") the User Content/ User Generated Content you Post by any means, for the purposes of: (i) advertising, marketing, and promoting the App/Platform (SunoSunao); (ii) displaying and sharing your User Content; and (iii) providing the Platform as authorized by these Terms. You further grant SunoSunao a royalty-free license to use your username, image, voice, and likeness to identify you as the source of your User Content. Any User Content posted by you or otherwise transmitted to SunoSunao will be considered non-confidential and licensed to SunoSunao, and may be used by SunoSunao in accordance with these Terms without notice to you and without any liability to SunoSunao. To the greatest extent permitted by law and subject to our Privacy Policy, the license granted in this Section is irrevocable. For the avoidance of doubt, the rights granted in this Section include, but are not limited to, the right to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in applicable sound recordings and Audiovisual Works) and publicly perform and/or communicate sound recordings to the public, all on a royalty-free basis. This means that you are granting SunoSunao the right to Use your User Content without the obligation to pay royalties to any third party. In consideration of the provision of the Platform to you, you hereby unconditionally and irrevocably waive any rights of paternity, attribution, integrity and other similarly afforded moral rights (“Moral Rights”) in or to your User Content and all rights to object to derogatory treatment of the User Content which you may now or at any time in the future be entitled as applicable under the Indian law or any other laws applicable, and all rights of the same or similar effect or nature in any part of the world in favor of SunoSunao, its assignees, licensees, designees and successors-in-title.

  • You Must Have Rights to the Content You Post: By Posting User Content, you represent and warrant that you own or are fully authorized to grant the license set forth in these Terms in all elements of the User Content. For example, if you only own the rights in and to a sound recording, but not to the underlying musical works embodied in the applicable sound recordings, then you must not Post such content unless you obtain all necessary rights, authorizations, and permissions with respect to the applicable embedded musical works that grant you sufficient rights to grant the license to SunoSunao under these Terms. You further represent and warrant that: (i) the Posting and Use of your User Content does not violate the privacy rights, publicity rights, contractual rights, copyrights and any other intellectual property rights, or any other rights of any entity; (ii) the Posting of your User Content will not require SunoSunao to obtain any further licenses from any entity or pay any royalties, fees, compensation or other amounts, or provide any attribution to any entity; (iii) the Posting of your User Content does not result in a breach of contract between you and a third party; and (iv) you will comply with all applicable laws, regulations and industry standards when Posting User Content through the Platform. You agree to pay all monies owing to any person as a result of the User Content you Post.

  • Specific Rules for Musical Works and for Recording Artists: If you are a composer or author of a musical work and are affiliated with a performing rights organization ("PRO"), then you must notify your PRO of the royalty-free license you grant to SunoSunao through these Terms. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher, then you must obtain the consent of the applicable music publisher to grant the royalty-free license set forth in these Terms or have the applicable music publisher enter into this Agreement with SunoSunao. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant SunoSunao the license in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the App/Platform is in compliance with any contractual obligations you may have to your record label, including if you create any new recordings through the App/Platform that may be claimed by your label, otherwise you should not post any content over which you do not hold rights.

  • Through To The Audience Rights: All of the rights you grant in this Agreement are provided on a through-to-the-audience basis, meaning the owners or operators of External Sites will not have any separate liability to you or any other third party for User Content Posted or Used on applicable External Sites via the Platform.

  • Waiver of Rights to User Content: By Posting User Content, you waive any rights to prior inspection or approval of any marketing or promotional materials related to the applicable User Content. You also waive any and all rights of privacy, publicity, or any similar rights in connection with your User Content, or any portion thereof. To the extent any Moral Rights are not transferable or assignable, you hereby waive and agree never to assert any and all Moral Rights, or to support, maintain, or permit any action based on any Moral Rights that you may have in any User Content you Post.

  • Objectionable Content: You agree not to Post any User Content that could be interpreted in SunoSunao’s sole discretion to be (i) abusive, bullying, defamatory, harassing, harmful, hateful, inaccurate, infringing, libelous, obscene, offensive, pornographic, paedophilic or harmful to child, invasive of another’s privacy, including bodily piracy, derogatory, vulgar, harassing on the basis of gender, threatening, unlawful, violent, or relating to money-laundering and gambling; (ii) in violation of any applicable law in force; (iii) putting other Users’ data privacy and security at risk; (iv) promoting any product, material or Platform that are banned under the applicable laws; (v) promoting bigotry, discrimination, hatred, intolerance, racism or is ethnically objectionable; (vi) inciting, encouraging or threatening violence, or threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation; (vii) constituting, containing, installing or attempting to install or promote spyware, malware or other computer code, file or program, whether on our or others’ computers or equipment, designated to enable you or others to gather information about or monitor the on-line or other activities of another party or designed to interrupt, destroy or limit the functionality of any computer resource; (viii) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person; (ix) impersonates another person; (x) belongs to another person and to which the user does not have any right including anything that infringes any patent, trademark, copyright or other proprietary rights (collectively, "Objectionable Content"). The Posting of any Objectionable Content may subject you to third-party claims and none of the rights granted to you in these Terms may be raised as a defense against any third-party claims arising from your Posting of Objectionable Content. SunoSunao in its sole discretion may take actions it deems necessary and/or appropriate against any User who Posts Objectionable Content, including, without limitation, warning the User, suspending or terminating the User’s Account, removing all of the User’s User Content, and/or reporting the User to law enforcement authorities, either directly or indirectly.

  • Screening Content: SunoSunao is a social media intermediary, an online service provider, while it facilitates third-party users to post any User Generated Content, it is not possible to monitor each and every content for copyright authenticity/infringement. Hence, it reserves the right to remove or delete any User Generated Content in its sole discretion. In addition, SunoSunao has the right—but not the obligation—in its sole discretion to remove or delete any User Generated Content: (i) that SunoSunao considers to be violative of these Terms or any applicable law; (ii) that SunoSunao considers to be Objectionable Content; or (iii) in response to complaints from other Users, licensors of any SunoSunao Content, or rights holders related to the User Content, with or without notice and without any liability from SunoSunao to you. SunoSunao also has the right—but not the obligation—to take remedial action in connection with any Objectionable Content Posted by You. SunoSunao recommends that you save copies of any User Content that you Post on your personal device(s) to the extent you want to ensure permanent access to copies of applicable User Content.

  • User Content Posted by Others: Although SunoSunao reserves the right to review or remove any User Content, we do not have an obligation to review User Generated Content, and we take no responsibility for the User Generated Content that appears on the Platform. User Content is the sole responsibility of the person or entity that Posts the User Content. As reflected in these Terms and in our Community Guidelines, we have no tolerance for Objectionable Content, and we do not intend that our Platform is put to any improper use. If you encounter any Objectionable Content on the Platform, please immediately report by using the flag/report feature within the SunoSunao App. SunoSunao provides you with the ability to report Objectionable Content as a courtesy, and SunoSunao will assess the veracity of such request and take appropriate action as mandated by law.

  • No Liability: For the avoidance of doubt, SunoSunao shall not be liable for any use or misuse of User Generated Content by any other User.

  • Feedback: If you choose to provide SunoSunao with input or suggestions regarding any issues with the Platform or proposed modifications, enhancements or improvements to the Platform ("Feedback"), including but not limited to any Feedback you provide if SunoSunao invites you to participate in new service functionality testing, then you hereby grant to SunoSunao a perpetual, irrevocable, non-exclusive, fully-paid, and royalty-free right to use and exploit the Feedback in any manner and for any purpose without any restriction, credit, attribution, or fees due to you.

• XII. USER SUBMISSIONS

  Certain areas of the Website/App may permit you to submit feedback, information, data, text, messages, or other materials (each, a "User Submission"). By submitting a User Submission, you grant to SunoSunao an irrevocable, perpetual, transferable, non-exclusive, fully-paid, worldwide, license (sub-licensable through multiple tiers) to (a) use, distribute, reproduce, modify, adapt, publish, translate, publicly perform, and publicly display your User Submissions (or any modification thereto), in whole or in part, in any format or medium now known or later developed and (b) use (and permit others to use) your User Submission in any manner and for any purpose (including, without limitation, commercial purposes) that SunoSunao deems appropriate in its sole discretion (including, without limitation, to incorporate your User Submission or any modification thereto, in whole or in part, into any technology, product, or Platform). SunoSunao reserves the right to display advertisements in connection with User Submissions and to use User Submissions for advertising and promotional purposes. SunoSunao may also disclose your name in its clients’ list/credentials for reference purposes. SunoSunao may, but is not obligated to, pre-screen User Submissions or monitor any area of the Website/App through which User Submissions may be submitted. You agree that you are solely responsible for all of your User Submissions. SunoSunao is not required to host, display, or distribute any User Submissions on or through the Website/App and may remove at any time or refuse any User Submissions for any reason. SunoSunao is not responsible for any loss, theft, or damage of any kind to any User Submissions. SunoSunao does not want to receive any User Submission that is confidential. You understand and agree that any User Submission will be considered non-confidential and non-proprietary and that SunoSunao will be free to disclose your User Submission to any third party without any obligation of confidence on the part of the recipient and without any information of such disclosure to you. SunoSunao does not guarantee that you will have any recourse through SunoSunao or any third party to edit or delete any User Submission you have submitted.

  By submitting any User Submission, you represent and warrant that:

  • you own all rights in your User Submissions (including, without limitation, all rights to the audio, video, or digital recording and the performance contained in your User Submissions) or, alternatively, you have acquired all necessary rights in your User Submissions to enable you to grant to SunoSunao the rights in your User Submissions described herein;

  • you have paid and will pay in full all license fees, clearance fees, and other financial obligations, of any kind, arising from any use or commercial exploitation of your User Submissions;

  • your User Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;

  • any information contained in your User Submission is not known by you to be false, inaccurate, or misleading;

  • your User Submission does not violate any Law;

  • your User Submission is not, and may not reasonably be considered to be, harmful to child, defamatory, libelous, hateful, racially, ethnically, religiously, or otherwise biased or offensive, unlawfully threatening, or unlawfully harassing, vulgar, pornographic, obscene, or invasive of another's privacy;

  • you were not and will not be compensated or granted any consideration by any third party for submitting your User Submission;

  • your User Submission does not incorporate materials from a third party web site, or addresses, email addresses, contact information, or phone numbers (other than your own);

  • your User Submission does not threaten the security of India;

  • your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;

  • your User Submission does not contain any information that you consider confidential, proprietary, or personal; and

  • your User Submission does not contain or constitute any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.

• XIII. EXTERNAL SITES

  Although the Platform may contain links to or the ability to share information with third-party websites ("External Sites"), SunoSunao does not endorse any External Sites. SunoSunao is also not responsible for the content of any External Sites and does not make any representations regarding the content on applicable External Sites. All External Sites are developed and provided by others. The External Sites may have their own terms of use and privacy policies, and your use of those External Sites will be governed by and subject to applicable terms of use and privacy policies of the applicable site. You should contact the site administrator or webmaster for those External Sites if you have any questions or concerns regarding any content located on applicable External Sites or the terms governing your use of applicable External Sites.

  If you decide to access any External Sites, purchase any content from External Sites, or subscribe to platforms offered by any External Sites, then you are solely responsible and liable for the same. You agree that SunoSunao shall have no liability to you arising from your use or interaction with any External Sites.

• XIV. APP/WEBSITE SECURITY

  You are prohibited from violating or attempting to violate the security of the Application, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization; (c) attempting to interfere with App/Platform to any other user, host or network, including, without limitation, via means of disturbing the Application, " click flooding," or "crashing;". Violations of system or network security may result in civil and/or criminal liability. SunoSunao will investigate occurrences that may involve such violations and may involve, and cooperate with law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Application.

• XV. CONSENT TO COMMUNICATIONS

  You have consented to receiving electronic and telephonic communications from SunoSunao, including emails, push notifications, voice calls and text messages. For further information regarding how we use/process your information please check our Privacy Policy.

  You can register using your mobile number. We may add other third party Platforms to enable registration from time to time. You can also verify yourself using a One-Time-Password sent by us via SMS to your phone number, or through any other verification mechanism from time to time.

  If you provide us with your email address, we may send promotional email communications to that email address. You may control whether you receive promotional email communications by following the unsubscribe options on the applicable promotional emails. Please read our Privacy Policy to learn more about your choices regarding SunoSunao’s use of your information.

  THE RATES APPLICABLE FOR ELECTRONIC COMMUNICATIONS (INCLUDING PUSH NOTIFICATIONS ON YOUR MOBILE DEVICE, INCLUDING WHERE APPLICABLE ROAMING CHARGES), WILL BE AS PER YOUR MOBILE PHONE CARRIER OR SERVICE PROVIDER.

• XVI. TERM AND TERMINATION

  • Term: This Agreement, which commences upon your use of the Platform, will continue to apply to you until terminated either by You or SunoSunao.

  • Termination:

    • You may terminate this Agreement at any time by deleting your account created on the SunoSunao App. Termination of your account will also constitute termination this Agreement. Following termination, you will no longer be able to access your Account or your User Content.

    • SunoSunao may terminate this Agreement at any time with or without notice to you. SunoSunao also reserves the right, in its sole discretion, to restrict, suspend, or terminate this Agreement and your access to the Platform at any time if you breach any provision of this Agreement or violate or infringe the copyrights or other rights of any third-party.

    • Survival: Sections IX, XX, XXII, and all defined terms used therein, shall survive any termination of these Terms indefinitely.

• XVII. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR OTHER INTELLECTUAL PROPERTY INFRINGEMENTS

  SunoSunao respects the intellectual property of others and takes protection of intellectual property very seriously. You are required to adhere to other’s intellectual property rights while using the SunoSunao app at all times and not post any infringing content. Any infringing act shall result in immediate removal of the content and may entail appropriate legal action. Further in case of repeat infringement by you, your account may be terminated without any notice. However, SunoSunao is not obliged to scan all information being hosted on its portal for infringement of the rights. If you consider that your proprietary rights are being infringed by any content posted on the Platform, you may report by using the flag/report form available within the app and on SunoSunao website.

• XVIII. MOBILE PLATFORMS

  The Platform will be accessible via a mobile phone, tablet, or other wireless device (collectively, "Mobile Platforms"). Your mobile carrier’s normal messaging, data, and other rates and fees will apply to your use of the Mobile Platforms. In addition, downloading, installing or using certain Mobile Platforms may be prohibited or restricted by your mobile carrier, and not all Mobile Platforms may work with all carriers or devices.

• XIX. WARRANTY DISCLAIMER

  We make no promises, representations, warranties, or guarantees that the Platform will operate as intended. Errors or other interruptions may cause the Platform to not function as intended. By using the Platform, you understand and accept this risk.

  NEITHER SUNOSUNAO NOR ITS AFFILIATES (COLLECTIVELY, "SUNOSUNAO") MAKE ANY WARRANTIES OR REPRESENTATIONS ABOUT THE PLATFORM AND ANY CONTENT AVAILABLE ON THE PLATFORM, INCLUDING, BUT NOT LIMITED TO, THE ACCURACY, RELIABILITY, COMPLETENESS APPROPRIATENESS, TIMELINESS, OR RELIABILITY THEREOF. SUNOSUNAO SHALL NOT BE SUBJECT TO LIABILITY FOR THE TRUTH, ACCURACY, OR COMPLETENESS OF ANY CONTENT ON THE PLATFORM, OR FOR ERRORS, MISTAKES, OR OMISSIONS THEREIN, OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. AS A USER, YOU AGREE THAT YOU USE THE PLATFORM AND ANY CONTENT THEREON AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ALL CONTENT YOU UPLOAD TO THE PLATFORM.

  SUNOSUNAO DOES NOT WARRANT THAT THE PLATFORM WILL OPERATE ERROR FREE, OR THAT THE PLATFORM AND ANY CONTENT THEREON ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE PLATFORM OR ANY CONTENT THEREON RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SUNOSUNAO SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE CAUSED AND SHALL NOT BE LIABLE FOR ANY COSTS INCURRED.

  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL CONTENT THEREON ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. ACCORDINGLY, TO THE FULLEST EXTENT PERMITTED BY LAW SUNOSUNAO DISCLAIMS ALL WARRANTIES THERETO, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

• XX. LIMITATION OF LIABILITY

  TO THE FULLEST EXTENT PERMITTED BY LAW:

  SUNOSUNAO, OUR LICENSORS, OUR LICENSEES, AND OUR PLATFORM PROVIDERS (COLLECTIVELY, "SUNOSUNAO PARTIES") SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE, EXTRAORDINARY, EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OR INABILITY TO USE OR ACCESS THE PLATFORM, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

  ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE PLATFORM, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, COPYRIGHT OWNER, OR OTHER USER, IS DIRECTLY BETWEEN YOU AND THE APPLICABLE THIRD PARTY, AND YOU IRREVOCABLY RELEASE THE SUNOSUNAO PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

• XXI. GOVERNING LAW AND JURISDICTION

  These Terms of use shall be construed in accordance with the applicable laws of India. The Courts at Odisha shall have exclusive jurisdiction in any proceedings arising out of the use of Website, these Terms and Conditions.

  Any dispute or difference either in interpretation or otherwise, of any terms of this Agreement between the parties hereto, the same shall be referred to an independent arbitrator. The independent arbitrator shall be appointed from the panel of arbitrators registered with The International Arbitration and Mediation Centre, Hyderabad and its decision shall be final and binding on the parties hereto. The above arbitration shall be conducted in English in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time and the venue shall be Cuttack. Nothing shall restrain any of the parties to apply to the competent courts for interim or interlocutory relief in respect of such arbitration.

• XXII. INDEMNITY

  To the fullest extent permitted by law, you agree to defend, indemnify, and hold SunoSunao, and our subsidiaries, affiliates and agents and their respective officers, directors, employees, successors and assigns harmless from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from:

  • your breach of obligations under this Agreement;

  • your access to, use, or misuse of SunoSunao Content or the Platform;

  • your User Content;

  • your violation of the rights of any third party, including any infringement of intellectual property, or of any privacy or consumer protection right;

  • any violation of law or contractual obligation and any claims, demands, notices pursuant to such violation;

  • your negligence or willful misconduct.

  SunoSunao will provide notice to you of any applicable claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this Section if We believe that you are unwilling or incapable of defending our interests. In this case, you agree to cooperate with any reasonable requests assisting SunoSunao’s defense of the applicable matter at your own expense.

• XXIII. ADDITIONAL TERMS

  From time to time, SunoSunao may require you to agree to additional terms and/or policies that it makes available to you in connection with your use of the Platform or in connection with a special promotion ("Additional Terms"). Except as expressly stated otherwise, the applicable Additional Terms are hereby incorporated into and subject to this Agreement. This Agreement shall control in the event of any conflict or inconsistency with the Additional Terms to the extent of the conflict or inconsistency.

• XXIV. SEVERABILITY

  If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of the applicable provision will not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

• XXV. LOCAL LAWS

  We control and operate from SunoSunao’s offices in India. SunoSunao makes no representation that materials on the Platform are appropriate, lawful, or available for use in any locations other than India. Those who choose to access or use the Platform from locations outside India, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Platform from jurisdictions where the content or practices of the Platform are illegal, unauthorized, or penalized is strictly prohibited.

• XXVI. GENERAL

  • Independent Contractors: You agree that no joint venture, partnership, employment, or agency relationship exists between you and SunoSunao as a result of this Agreement or your use of the Platform.

  • Waiver: Failure of SunoSunao to act on or enforce any provision of this Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against SunoSunao unless made in writing, and no applicable waiver shall be construed as a waiver in any other or subsequent instance.

  • Entire Agreement: Except as expressly agreed by SunoSunao and You, these Terms constitute the entire agreement between You and SunoSunao with respect to the subject matter hereof, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter herein.

  • Section Headings: The Section headings herein are provided merely for convenience and shall not be given any legal import.

  • Assignment: This Agreement shall inure to the benefit of SunoSunao’s successors and assigns. You shall not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, without the prior express written consent of SunoSunao. SunoSunao may assign this Agreement, including all its rights hereunder, without any restriction.

• XXVII. Contact Us

  If you would like to contact SunoSunao in connection with your use of the Platform, you may reach out by mail at:

  Grievance Officer / Designated Agent: Lopamudra Parida
  E-mail address: grievances@sunosunao.app
  Phone number: +917326910027
  Postal address:
  SUNO SUNAO AUDIO TECHNOLOGIES PRIVATE LIMITED
  F. No. 409, 308, 309, K.P. Enclave, Buxi Bazar, Cuttack, Odisha, India, 753001
  

© 2023 SunoSunao. All Rights Reserved.