Terms of Service

Important, Read Carefully: ALTECH.AI Inc. (“Company”) provides a right to use the ALTECH.AI Platform according to these terms of service (this “Agreement”). This Agreement is a legal contract between you (if using the ALTECH.AI Platform in your capacity as an individual) or the legal entity you represent (e.g., your employer) (“You”) and the Company. Read the terms of this Agreement carefully. By signing up for a free trial, subscribing to, or using the ALTECH.AI Platform, You agree to be bound by this Agreement. If You do not agree to the terms of this Agreement, do not sign up for a free trial, subscribe to, or use the ALTECH.AI Platform.

You should read the entire Agreement carefully because all of the terms are important and together create a legal agreement that, once accepted by you, applies to you. By using the Services, you represent that you have reached the age of “majority” where you live (which in the United States is typically 18 years of age) and agree to be bound by this Agreement or you are the parent or legal guardian of a minor that has an account associated with yours and you are accepting this Agreement on their behalf. An  AI account is necessary to use the Services. You may need to accept other terms of services and provide additional information to use your Account (as defined herein).

BY USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND THE TERMS AND CONDITIONS OUTLINED IN OUR PRIVACY POLICY WHICH CAN BE FOUND HERE.

If you are using ALTECH.AI or creating an account with ALTECH.AI on behalf of a company, entity, or organization, you represent and warrant that you are an authorized representative of that party with the authority to bind that party to these Terms of Service and to grant licenses set forth herein; and you agree to these Terms of Service on behalf of your party.

Any new features, tools, or content that are added to the current website will also be subject to the Terms of Service. As we continuously improve and expand our services, these terms of use might change, so please check them periodically. We reserve the right to update, change, remove, or replace any part of these Terms by posting updates or changes to our website at any time. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

1. DEFINITIONS

  • The terms “Party” or “Parties” will be used to refer to Altech.ai or the Customer, or both, depending on the context.
  • The expressions “Agreement”, “Terms”, “hereto”, “herein”, “hereby”, “hereunder”, and similar terms refer to these Terms of Service and include any other supplementary or ancillary instrument implemented as a part of this agreement.
  • The term “Administrator” refers to the person or persons assigned system privileges by the Customer under a multi-seat Professional account or Enterprise solution, and who are responsible for configuring and managing how non-administrative users under the Customer’s account interact with and use the Services.
  • The term “Content” includes videos, photos, images, audio, music, sounds, graphics, special effects, images, logos, branding, marks, and any other files, information, and content.
  • The term “Data Protection Law” refers to all laws that apply to the Company in its provision of Services related to data protection and data privacy, including the EU General Data Protection Regulation 2016/679 (“GDPR”) and the California Consumer Privacy Act, Cal. Civ. Code § 1798.100 et. seq. as amended, extended, repealed, and replaced (“CCPA”). Terms such as “Personal Data”, “Data Controller”, “Data Processor”, and “Personal Data Breach” shall have the meanings given to those terms in the GDPR.
  • The term “Services” refers to the services that the Company provides to the Customer under this Agreement, including the use of the ALTECH.AI Platform, customer support, and training.
  • The term “Subscription” refers to the current ALTECH.AI subscription plan(s) for which the Customer pays or has paid a subscription fee to use the ALTECH.AI Platform.
  • The term “Video” or “Videos” refers to an animated video(s) that the Customer creates using the ALTECH.AI Platform.
  • The term “ALTECH.AI Assets” refers to all Content that the Company makes available or provides within the ALTECH.AI Platform, including but not limited to templates, characters, actions, backgrounds, props, fonts, music, and sound effects.
  • The term “ALTECH.AI Platform” refers to the ALTECH.AI cloud-based hosted platform, including applications such as the ALTECH.AI Studio and ALTECH.AI Character Creator, which allow users to create and edit videos, create and modify characters, access ALTECH.AI Assets, upload Your Content, and download, export, host, and play Videos.
  • The term “Your Content” refers to all Content that the Customer uploads, posts, or otherwise make available or provides to the ALTECH.AI Platform.

2. LICENSES

The terms of this Agreement grant You the right to access and use the ALTECH.AI Assets and ALTECH.AI Platform to create Videos for commercial purposes, provided that You comply with the Subscription Plan and pay the applicable fees. The company provides You with a non-exclusive, perpetual license to use and distribute the Videos that you create.

Furthermore, you grant the Company a non-exclusive license to use your content during the term of this Agreement solely to deliver the Services to You, including the right to sublicense this license to the Company’s cloud service provider for hosting and performing the videos following this agreement.

In addition, Company may offer you a non-transferable, 14-day free trial to access and use the ALTECH.AI Assets and Altech.ai Platform for evaluation purposes only. This trial subscription does not include the right to use, reproduce, display, perform, or distribute Your Videos for any commercial purposes.

3. OWNERSHIP

As between the parties, and except for the licenses granted by this Agreement, You retain all rights, title, and interest, including all related intellectual property rights, in and to Your Content.

As between the parties, and except for the licenses granted by this Agreement, Company retains all rights, title, and interest, including all related intellectual property rights, in and to ALTECH.AI Assets, the ALTECH.AI Platform, the Videos (excluding Your Content contained therein, which shall be owned by You), any other software, information, and materials made available by Company under this Agreement, and any modifications to the foregoing.

Company retains all rights not expressly granted to You under this Agreement. You do not have any implied rights under this Agreement, or any rights to use any ALTECH.AI Assets except as expressly provided in this Agreement.

4. RESTRICTIONS

The ALTECH.AI Platform’s source code may not be decompiled, disassembled, reverse-engineered, or used to derive any information, except where allowed by applicable law.

You are prohibited from removing any copyright, trademark, or other intellectual property rights notice contained in or on any ALTECH.AI Assets, the ALTECH.AI Platform, or any Video. You are also not allowed to remove any digital watermark present in any Video. Furthermore, you shall not attempt to defeat or circumvent any digital rights management technology used by the company.

Access to the ALTECH.AI Platform requires a user account, which can only be accessed and used by authorized individuals who have registered on ALTECH.AI. Each user is required to choose a unique, non-transferable password. User accounts cannot be shared or used by more than one individual.

Displaying or performing any Video (in whole or in part) on broadcast, cable, satellite television, or subscription-based or pay-per-download over-the-top (OTT) platforms or in any public performance (including exhibition over the Internet) is not allowed, unless you have purchased a “Broadcast Rights” license for the Video(s) to be displayed or performed, or You and Company have otherwise expressly agreed in writing.

Using the ALTECH.AI Assets in any way other than as part of a Video created using the ALTECH.AI Platform is not permitted, unless you have purchased an “Asset Rights” license for the ALTECH.AI Asset(s) to be used, or You and Company have otherwise expressly agreed in writing.

Unless a “Rights Transfer” license has been purchased, You have subscribed to an ALTECH.AI Professional for Agencies plan, or You and Company have otherwise expressly agreed in writing, the Videos cannot be assigned, transferred, or used for the benefit of a third party.

Creating or selling any non-fungible token (NFT) related to any ALTECH.AI Assets or any video is not allowed.

5. TERM AND TERMINATION

This agreement begins on the date when You first sign up for a free trial or the date when you subscribe to a paid subscription plan.

If You subscribe to a monthly, quarterly, or annual Subscription Plan, the Agreement will continue for a term of one month, one quarter, or one year, as applicable, and will automatically renew for an additional one month, one quarter, or one year periods, as applicable, each subsequent period thereafter until terminated as provided for in this Section 6.

Company may terminate this Agreement if You have not paid any applicable Subscription fee or if You materially breach the Agreement and fail to remedy the breach within thirty (30) days of notice of the breach.

Should you wish to terminate this agreement, You may turn off the auto-renew feature under account Settings. In the event of your termination under this Section 6, this Agreement will terminate at the end of the then-current subscription plan term. You must continue to pay all charges incurred during the remainder of the then-current term.

The company reserves the right to change or discontinue any part of the ALTECH.AI Platform or Services at any time. If the Company discontinues or sunsets the ALTECH.AI Platform or Services altogether, it will give You thirty (30) days prior notice.

The definitions and rights, duties, and obligations of the parties that by their nature continue and survive shall survive any termination or expiration of this Agreement.

6. PAYMENT INFORMATION

ALTECH.AI has premium features that can be accessed for a fee or other charge. If you elect to add any premium services to your account, you agree to the pricing and payment schedule listed on the ALTECH.AI website, which may change from time to time. Additionally, ALTECH.AI may add new services or modify existing services for additional fees.

Any monthly subscription plan that you purchase will not be refundable for the month in which the plan is purchased. All fees are payable in advance. If ALTECH.AI suspends or terminates your account, you understand and agree that you shall receive no refund or exchange of any credits for any unused time or services under your monthly subscription.

6.1 Refund

  1. If the service becomes unavailable at any time because of technical problems or there is an unreasonable delay in providing access to the service, your exclusive and sole remedy is the refund of the price paid without any interest.
  2. There shall be no refund for partial months of service, upgrades, or unused months.
  3. Prices for all the services offered by ALTECH.AI may change at any time, and the services do not provide price protection or refunds in the event of a price reduction or promotional offering.

7. PROHIBITED CONTENT

These additional restrictions and conditions apply specifically to your use of ALTECH.AI’s services, in addition to the general restrictions outlined in the Terms of Service. It is important that you carefully review the following prohibited uses. By using the Services, you agree to and understand these additional terms and agree not to:

  • Violate any law, or encourage or instruct others to do so;
  • Violate any contract between user and ALTECH.AI;
  • Infringe upon the intellectual property rights of any individual, including but not limited to, copyright, trademark, or patent laws;
  • Commit any tort;
  • Create any content that is unlawful, an invasion of privacy or publicity rights, harassing, threatening, or abusive;
  • Impersonate any person or entity;
  • Engage in any activity that negatively impacts other users’ ability to use the website, including but not limited to, deleting, removing, modifying, or circumventing any security-related feature of ALTECH.AI’s services, such as features that prevent or restrict use, copying of any content accessible through the ALTECH.AI services, and features that enforce limitations on the use of the ALTECH.AI services, or copyright or other proprietary rights notices on the ALTECH.AI services;
  • Collect or store information of other users;

Additionally, with regard to pornography, you must not:

  • Post any content that depicts sexual conduct of any person under the age of 18 (child pornography);
  • Post any content that depicts sexual content of any person without maintaining written documentation sufficient to confirm that all subjects of your posts are over the age of 18 and have given proper consent to use their image and likeness in your content;
  • Post any content depicting underage sexual activity, non-consensual sexual activity, revenge porn, blackmail, intimidation, snuff, torture, death, violence, incest, racial slurs, or hate speech.

8. DATA SECURITY, ACCEPTABLE USE, AND DATA PRIVACY

8.1 Data Security

The privacy and security of data processed on the ALTECH.AI Platform is of utmost importance to the Company. To ensure the safety of customer data, the Company has implemented reasonable security measures in connection with the ALTECH.AI Platform. However, it is important to note that no data transmission over the internet or data storage system can be guaranteed to be 100% secure. Thus, the Company cannot guarantee the security of data transmitted to it or that it stores. If customers wish to protect their transmission of any data, it is their responsibility to use a secure encrypted connection to communicate with the ALTECH.AI Platform. The Company shall not be liable to customers for any liabilities arising from the operation of the ALTECH.AI Platform over the internet or other networks outside of its control.

8.2 Customer Controls Privacy Settings

Customers have complete control over the privacy settings for the videos they create on the ALTECH.AI Platform. They may designate their videos as either “Private” or “Shared.” If a customer accesses the ALTECH.AI Platform under a multi-seat Professional account or Enterprise solution, they acknowledge that the Administrator, acting as their agent, has the ability and authority to delete all of their data processed on the ALTECH.AI Platform, including all customer consent and individual account details.

8.3 Acceptable Use Policy

The Company’s acceptable use practices regarding the use of the ALTECH.AI Platform are governed by its acceptable use policy. This policy is published at the bottom of the Agreement and is subject to change from time to time. Customers agree to abide by the Company’s acceptable use policy.

8.4 Data Privacy

8.4.1 Company as Controller

The Company is the Data Controller concerning the processing of Personal Data for which it determines the purposes and means of processing, such as account and billing information. The processing of such data is governed by the Company’s privacy policy, which is available at https://altech.ai/privacy.

8.4.2 Company as Processor

When the Company provides customers with the Services under this Agreement, it may process certain Personal Data on their behalf. For example, Personal Data that customers have uploaded at their discretion for inclusion in Altech.ai Videos. In this limited case, the Company is the Data Processor and the customers are the Data Controller. Customers agree to comply with all the obligations applicable to them under Data Protection Law and represent that they have all necessary rights and consents to transfer their Personal Data to the Company for processing.

8.4.3 As Data Processor, the Company shall:

  • Only process Personal Data following this Agreement and as part of any processing initiated by customers in using the Services.
  • Not sell, rent, release, disclose, disseminate, make available, or transfer Personal Data for monetary or other valuable consideration.
  • Not further transfer Personal Data to any country outside EEA without notice to customers and subject to such requirements as are necessary to comply with Data Protection Law.
  • Ensure that Personal Data is subject to appropriate technical and organizational security measures to protect against unauthorized or unlawful processing of such data and accidental loss or destruction of, or damage to, such data.
  • Ensure that all persons with access to Personal Data are subject to appropriate confidentiality obligations.
  • Notify customers and allow them an opportunity to object (on reasonable grounds) before engaging a new subcontractor to process Personal Data to provide the Services, ensure such subcontractor provides at least the same level of security as the Company, and remain fully liable to customers in respect of the performance of the subcontractor’s data protection obligations.
  • Assist customers in relation to their obligations concerning data subject rights, data security, data breach notification, and data protection impact assessment obligations, at the customers’ cost.
  • Notify customers without undue delay of becoming aware of a Personal Data Breach.
  • After the Services have been provided, cease processing Personal Data and, at customers’ discretion, delete or return Personal Data except for non-readable backup copies

9. PAYMENT, RENEWALS, AND TAXES

ALTECH.AI Platform charges a subscription fee for its services, which You must pay in full and in advance. All fees are non-refundable and must be paid in US dollars unless otherwise stated. Failure to pay the fees in a timely manner, except for disputed fees in good faith, may result in suspension or termination of Your access to the ALTECH.AI Platform or certain features.

In addition to the subscription fees, You are responsible for paying all taxes, fees, duties, and other governmental charges related to the delivery or license of the ALTECH.AI Platform or use of any Services. You must also indemnify and hold Company harmless from any penalties and interest arising from the payment of fees under this agreement. It is your responsibility to make all payments to company free and clear of any withholding taxes. If such taxes are imposed on payments of fees, you agree to provide official receipts issued by the appropriate taxing authority, or such other evidence as company may reasonably request, to prove that such taxes have been paid.

At ALTECH.AI Platform, we are committed to providing You with high-quality services. We believe that our subscription fees and payment terms are fair and reasonable, and we appreciate Your understanding and cooperation in fulfilling Your payment obligations.

10.USER COMMENTS, FEEDBACK,AND OTHER SUBMISSIONS

By using the site or submitting any material to us, you acknowledge that you are solely responsible for the legality, originality, copyright, appropriateness, and reliability of the material. You are prohibited from publishing, uploading, or distributing any content that is false, fraudulent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal, or otherwise objectionable. Additionally, you may not provide any content that may encourage criminal behavior, violate any law, or infringe on the rights of any party. Finally, any content that contains software viruses, political campaigning, chain letters, mass mailings, or spam is strictly prohibited.

If you provide any comments to us, you acknowledge and agree that they are not confidential and that your provision of such comments is unsolicited, gratuitous, and without restriction. Furthermore, we are under no obligation to maintain any comment in confidence, pay compensation for any comment, or respond to any comment. We reserve the right to edit, copy, publish, distribute, and use any comments that you provide in any medium without restriction.

We have the right, but not the obligation, to monitor, edit or remove any comment that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms and Conditions.

You are solely responsible for ensuring that your comments do not infringe on any third-party rights, including copyrights, trademarks, privacy, or other personal or proprietary rights. Furthermore, your comments may not contain any libelous, abusive, obscene, or otherwise unlawful material, or any computer virus or malware that could harm the operation of the service or any related website. You may not use a false email address or pretend to be someone else when submitting comments. You are solely responsible for the accuracy and lawfulness of any comments you make or that are associated with your account or username. We are not responsible for any comments posted by you or any third party.

11. COPYRIGHT INFRINGEMENT/DMCA NOTICE

In case you believe that any content on our Website or App infringes on your copyright and you want to have the material removed, you need to provide us with a written notification, also known as a DMCA Takedown Notice, containing the following information:

  • Your physical or electronic signature
  • Identification of the copyrighted work(s) that you claim have been infringed
  • Identification of the infringing material on our Website, along with sufficient information to help us locate it
  • Your contact details, including your address, phone number, and email address
  • A statement indicating that you have a good faith belief that the use of the disputed material is not authorized by the copyright owner, its agent, or the law
  • A statement declaring that the information in the notification is accurate, and that, under penalty of perjury, you are either the owner of the copyright or authorized to act on behalf of the copyright owner.

If you wish to make a complaint, please email us at support@altech.ai.

12. TERM AND TERMINATION

Agreement Term and Termination

This section outlines the duration and termination of the Agreement between you and ALTECH.AI.

12.1 Agreement Term:

The Agreement becomes effective upon successful registration with ALTECH.AI and remains in effect until the end of the subscription term based on the chosen subscription Plan.

12.2 Renewal:

If you do not wish to renew your Paid Account, notify ALTECH.AI and your account will be downgraded to a free account. To avoid being billed for the renewal term, you must cancel your subscription before it renews.

12.3 Termination:

ALTECH.AI may terminate the agreement without prior notice if you violate any terms and conditions. Termination may also occur at any time at the sole discretion of ALTECH.AI.

12.4 Effect of Termination:

Upon termination or expiration of the agreement, you must stop using the ALTECH.AI services. All licenses granted to you under the agreement, except for the license to distribute your videos as authorized by the Subscription Plan, will terminate. ALTECH.AI may block your access to Services and delete your content and videos at its option. The definitions, rights, duties, and obligations of all parties will continue to survive after termination or expiration.

12.5 Cancellation by User:

To terminate the Agreement, email your notice of termination to support@altech.ai. Upon termination, the agreement will end at the current term’s end, and you will need to pay all remaining fees due.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless ALTECH.AI from any claims, losses, damages, and demands, expenses, costs, and liability arising out of or related to your access, use, or misuse of ALTECH.AI’s services, including but not limited to your violation of any third-party right such as a right of privacy, publicity, or Intellectual Property Rights and breach of any terms under this Agreement.

14. DISCLAIMER

Disclaimer of Warranties for ALTECH.AI Services

As a user of ALTECH.AI Services, it is important to understand that the content and materials contained therein are provided on an “as is” basis without any express or implied warranties, except as expressly provided to the contrary in writing by ALTECH.AI. Here are some key points to keep in mind:

  • No Warranties: ALTECH.AI.ai does not provide any other warranties, whether statutory, express, or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement as to the ALTECH.AI Services.
  • Content Accuracy: ALTECH.AI recognizes that content creation comes in many forms, and therefore does not represent or warrant that the content or materials on the ALTECH.AI Services are accurate, complete, reliable, current, or error-free.
  • Typographical Errors: ALTECH.AI is not responsible for typographical errors or omissions relating to text, photography, or videos.
  • Safe Access and Use: While ALTECH.AI attempts to make your access and use of the ALTECH.AI Services safe, ALTECH.AI cannot and does not represent or warrant that the ALTECH.AI Services or our server(s) are free of viruses or other harmful components.
  • No Additional Warranties: No advice or information, whether oral or written, obtained by you from ALTECH.AI or through the ALTECH.AI Services will create any warranty not expressly stated herein.

Therefore, as a user of the ALTECH.AI Services, it is important to use industry-recognized software to detect and disinfect viruses from any download from the ALTECH.AI website.

15. LIMITATION OF LIABILITY

ALTECH.AI provides its services on an “as is” basis without any warranty, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Therefore, you acknowledge that ALTECH.AI does not represent or warrant that the content or materials on its services are accurate, complete, reliable, current, or error-free, and it is not responsible for any typographical errors or omissions relating to text, photography, or videos. Additionally, ALTECH.AI cannot guarantee that its services or server(s) are free of viruses or other harmful components, so it is your responsibility to use industry-recognized software to detect and disinfect viruses from any download from the ALTECH.AI website.

15.1 LIABILITY LIMITATIONS

To the fullest extent permitted by applicable law, ALTECH.AI shall not be liable for any direct, special, indirect, punitive, exemplary, or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, arising out of or in any way connected with the use of or inability to use ALTECH.AI’s services, the content or the materials, even if ALTECH.AI has been advised of the possibility of such damages. This includes any damages caused by or resulting from reliance on any information obtained from ALTECH.AI or any mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission, or any failure of performance.

15.2 AGGREGATE LIABILITY

In no event shall the aggregate liability of ALTECH.AI, whether in contract, warranty, tort (including negligence), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use ALTECH.AI’s services exceed the amount paid by you for accessing ALTECH.AI’s services during the twelve (12) months immediately preceding the date of the claim. However, to the extent that applicable law prohibits limitation of such liability, ALTECH.AI shall limit its liability to the fullest extent allowed by applicable law.

15.3 THIRD-PARTY CONDUCT

You specifically acknowledge that ALTECH.AI officers and website creators shall not be liable for the content or the defamatory, offensive, or illegal conduct of any third party. Any harm or damage resulting from such conduct shall rest entirely with you.

16. USAGE RIGHTS CONCERNING THIRD-PARTY MATERIAL

ALTECH.AI contains third-party licensed material for the exclusive use of its users. These materials have additional restrictions. While using such materials, you agree:

  • not to remove any metadata in the third-party licensed material,
  • use the third-party licensed material solely in a manner consistent with the rights and restrictions in this agreement,
  • to use the third-party licensed material only in works created via ALTECH.AI website, for display and usage in digital and print formats.
  • not to sell, modify, re-use, re-sell, distribute, display, reproduce, or make any other use of third-party licensed material.
  • not to activate the “right-click” function in third-party licensed material, remove any metadata in the same, or reverse engineer, decompile, or disassemble the ALTECH.AI website to enable the download or use of third-party licensed material, on a stand-alone basis.
  • Third-party licensed material may not be used:
  • on a stand-alone basis with no other content;
  • for pornographic, defamatory, or other unlawful purposes;
  • in electronic templates used to create electronic or printed products;
  • in physical or digital retail products, such as e-cards, calendars, posters, or screensavers;
  • to enable file-sharing of the image file; or in logos, trademarks, service marks or any other branding or identifiers.

When using third-party licensed material featuring an individual(s) in connection with a sensitive, unflattering, or controversial subject, it is required to include a statement that the image is used for illustrative purposes only and the individual depicted is a model. Please note that no ownership or copyrights in the third-party licensed material are granted to you. It is important to acknowledge that the third-party licensed material is available for use only on the website and/or mobile application and cannot be downloaded outside of the ALTECH.AI tools.

In the event we or the third party identify any misuse by you, we will enforce these terms of service following standard practices and policies.We will investigate and address such misuse, by curtailing your access and/or taking such measures that may be appropriate in the given circumstance.

16.1 Usage rights concerning music:

Music Pieces shall mean the music catalog, including for the avoidance of doubt the sound recordings and the musical composition as embodied therein, at each time hosted in the ALTECH.AI platform.

The Users may only use the Music Pieces under and subject to the rights and licenses granted under or following this Agreement. All rights and licenses granted hereunder are non-exclusive, non-transferable, and non-assignable and may not be sub-licensed. Nothing contained in this Agreement shall be construed as transferring to any Party any title or ownership right or granting any rights other than as explicitly set out in this Agreement, in any intellectual property owned by the other Party. For the avoidance of doubt, Users do not acquire any rights of ownership as a result of this Agreement about any Music Pieces and the metadata relating thereto. The Music Pieces and the metadata relating thereto are the sole property of respective licensors who have licensed music to ALTECH.AI.

16.2 Restrictions on Use of Music Pieces

The following are not permitted for users:

(a) Use of Music Pieces in Certain Productions

Users may not use Music Pieces in TV shows, feature films, radio/podcast productions, vignettes/theme songs, corporate identification material, or traditional media advertisements/commercials. This restriction does not include online advertisements like pre/mid/post-roll.

(b) Use of Music Pieces in Inappropriate Context

Users may not use Music Pieces in connection with any material that is defamatory, illegal, immoral, racist, hateful, discriminatory, incites violence or use of weapons, or pornographic. Furthermore, users may not use Music Pieces in a manner or context that violates the rights of anyone associated with the Music Pieces or any third party.

(c) Editing and Cutting of Music Pieces

Users may not change or edit the Music Pieces, except for cutting them as required for inclusion in the User Content.

(d) Exploitation of Music Pieces

Users may not make Music Pieces available for download or exploitation in any other way, including to make them available on a stand-alone basis, repackage them, or use them as sound libraries or sound effects. Furthermore, users may not incorporate Music Pieces into software applications or video games.

(e) End-User Productions

Users may not incorporate any End-User Production containing any Music Piece into a software application or video game.

17. SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by applicable law. The unenforceable provision shall be considered severed from these Terms of Service. The invalidity or unenforceability of one provision shall not affect the validity or enforceability of any other remaining provisions.

18. GOVERNING LAW AND DISPUTE RESOLUTION 

The following terms govern the laws and dispute e resolution related to this Agreement:

18.1 Applicable Law

This Agreement is governed by the laws of the State of California, United States of America.

18.2 Dispute Resolution

Any dispute arising from this Agreement shall be resolved through litigation in the courts of the State of California, United States of America, including the federal courts located in California.

18.3 Consent to Jurisdiction and Waiver of Defenses

The Parties involved in this Agreement consent to the jurisdiction of the courts of the State of California, United States of America. They also agree to accept service of process by mail and waive any jurisdictional or venue defenses that may be available to them.

19. DISPUTE RESOLUTION THROUGH ARBITRATION

All disputes and claims arising out of or related to this Agreement and/or the Services shall be resolved through binding arbitration in the State of California, United States of America. The arbitration shall be conducted according to the Commercial Arbitration Rules of the American Arbitration Association on a confidential basis. The arbitrator must be experienced in the software services industry and shall provide a written explanation for all findings of fact and law, as well as the assessment of costs, expenses, and reasonable attorneys’ fees. The parties retain the right to object to any arbitrator affiliated with a competing organization. Any award rendered by the arbitrator may be confirmed by a court of competent jurisdiction. Claims arising from this provision may not be brought more than one (1) year after the cause of action occurs or should have been discovered through reasonable diligence. However, the parties may seek injunctive relief in a court of competent jurisdiction in case of immediate and irreparable harm.

20. WAIVER OF RIGHTS

The failure of Altech.ai to enforce any provision of these Terms of Service shall not be construed as a waiver of that provision or any other rights. Any waiver of rights must be obtained in writing and signed by all relevant parties to be valid.

21. CONFIDENTIALITY OBLIGATIONS

You acknowledge and agree that all information provided by ALTECH.AI regarding its Services, whether written or oral, is confidential. You further agree not to disclose such information to any third party, except as required by law or as already available to the public without any disclosure by ALTECH.AI, and to only share such information with ALTECH.AI’s officers, directors, employees, legal counsel, accountants, or authorized agents or advisors who have agreed in writing to be bound by this Section.

22. FORCE MAJEURE CLAUSE

We shall not be held liable for any obligation if it is prevented from performing as a result of events beyond its control, including but not limited to natural disasters (such as storms, hurricanes, fires, floods, and earthquakes), acts of war, civil unrest, terrorist activities, government actions, embargoes, nationalizations, strikes, and failures of public utilities (such as electricity or telecommunication services). We will make all reasonable efforts to inform you of the circumstances causing the delay and resume performance as soon as possible.

23. RIGHT TO ENGAGE SUBCONTRACTORS, AGENTS AND THIRD PARTIES

ALTECH.AI may engage subcontractors, agents, or third-party consultants to provide the Services under this Agreement. However, ALTECH.AI remains responsible for complying with all terms and conditions and fulfilling all obligations under this Agreement.

24. CONTACT INFORMATION

If you have any questions regarding these Terms of Service, please contact us at support@altech.ai.