Article 1 (Agreement)
These Terms of Service shall apply to all use of "VistaSpeech" (the "Service") operated by Appcilious Pvt. Ltd. (“Appcilious”, “we”, “us”, “our”).
You must first carefully read the various explanations regarding the Service displayed on this website and agree to these Terms of Service before using the Service.
The Service offers a paid plan for use. If you are a minor, you must first have a legal guardian (such as a parent) carefully read these Terms of Service and obtain his or her consent before using the Service.
In order for you to use the paid plan of the Service, please register a user account with the details specified by Appcilious Pvt. Ltd., according to the specified procedure. When registering your account, you must provide accurate information. Although the Service can be used without registering a user account, you will only be able to use certain features of the Service that we specify.
You must not use the account of another person without the permission of Appcilious Pvt. Ltd.. In addition, you must not allow other persons (or, if the user is a corporation, persons who do not belong to said corporation) to use your user account, nor must you transfer it, gift it, offer it as collateral or dispose of it in any other way. You are solely responsible for keeping your user account password confidential and secure.
You are liable for any damage arising due to failure on your part to keep your password secure, erroneous use or use by a third party, etc., and Appcilious Pvt. Ltd. assumes no responsibility whatsoever.
If your password has been leaked to a third party, or if you suspect that your user account and password are being used by a third party, you must immediately notify Appcilious Pvt. Ltd. of the fact and follow any instructions we may give you. In such case, Appcilious Pvt. Ltd. will be able to suspend the user account and password as being a compromised user account and password.
You are obligated to change your password regularly, and Appcilious Pvt. Ltd. assumes no responsibility for any damage caused by your failing to fulfill this obligation.
You may use the Service after you have agreed to the contents of these Terms of Service. In addition, although it is possible to use the Service free of charge, it will be limited to the use of only certain features of the Service that we specify, and any music that is downloaded for free is prohibited from publishing and/or commercial use.
Under the Service, music downloaded after you have paid the fee specified in Article 4, may be used for both personal and commercial purposes. However, acts corresponding to those under Article 6 are excluded. In the event that your use of the Service causes damage to a third party, you shall be solely responsible for resolving all disputes and litigation ("disputes, etc.") concerning compensation for such damages.
The fee for use of the Service shall be in accordance with the separately determined plans (https://vistaspeech.com). No refund will be given in the event that you cancel part-way through the subscription period.
The payment method for the fee under the preceding paragraph shall be payment by the credit cards and debit cards, etc., we specify.
All intellectual property rights, such as the copyrights and trademark rights relating to the Service and the programs that constitute the Service, belong to Appcilious Pvt. Ltd.
You grant Appcilious Pvt. Ltd. a worldwide, non-exclusive, free, sub-licensable and assignable license to freely utilize all intellectual property rights concerning music created using the Service (including use, reproduction, distribution, creation of derivative works, display, publication, adaptation, making transmittable and demonstration).
When using the Service, you must not engage in any acts that fall under, or are likely to fall under, those listed in the following items.
(1) Acts of utilization of the Services for illicit purposes
(2) Acts that infringe the intellectual property rights, portrait rights, publicity rights or other rights of other users, Appcilious Pvt. Ltd. or other third parties
(3) Acts that damage the reputation or credibility, or infringe the privacy, of other users, Appcilious Pvt. Ltd. or other third parties
(4) Acts leading to crimes such as fraud
(5) Acts of transmission or provision of harmful software programs such as computer viruses, or encouragement of their use
(6) Acts of alteration, adaptation, reverse engineering, decompilation or disassembly of the content, data and other software, etc., provided through the Service
(7) Acts of falsification, deletion, or unauthorized diversion of the information of other users, Appcilious Pvt. Ltd. or other third parties
(8) Acts in violation of laws and regulations, these Terms of Service or public order and morals, or acts that promote, or are likely to promote, such violations
(9) Acts of using the Service to entice other users or third parties to other websites
(10) Acts that interfere with the operation of the Service
(11) Acts of selling, distributing for free or sublicensing music itself created using the Service (this excludes videos and other products created using said music)
(12) Acts of selling, distributing for free or sublicensing music created using the Service after lyrics have been added to the music
(13) Other acts that Appcilious Pvt. Ltd. deems inappropriate Appcilious Pvt. Ltd. may seek compensation for damages (including reasonable attorneys' fees and costs) from you if we incur any losses due to your breach of these Terms of Service. If you commit any of the prohibited acts under this article, Appcilious Pvt. Ltd. may suspend your user account.
Appcilious Pvt. Ltd. shall be able to suspend the operation of all or part of the Service for any of the following reasons, and we assume no liability for any losses you may incur due to such suspension, except in cases where such losses are due to our willful default or gross negligence.
(1) When carrying out maintenance or inspection of the equipment and systems required to provide the Service
(2) When operating the Service is difficult due to fire, blackout, earthquake, natural disaster or system failure, etc.
(3) Additionally, when it is necessary to temporarily suspend provision of the Service for operational or technical reasons, or when Appcilious Pvt. Ltd. determines suspension is unavoidable
Appcilious Pvt. Ltd. makes no guarantees that you will not incur loss or damage, caused by harmful programs such as computer viruses, when using the Service.
Appcilious Pvt. Ltd. makes no guarantees whatsoever that the devices or software you use will work correctly with the Service.
Appcilious Pvt. Ltd. will not indemnify you for lost profits, indirect damage, special damage, consequential damage, attorneys’ fees and other damages not stipulated in this article, except in cases where such losses are due to our willful default or gross negligence.
Appcilious Pvt. Ltd. shall be able to change these Terms of Service without notifying you in advance or obtaining your consent.
Whenever changes are made, you must carefully read the contents of these Terms of Service before using the Service.
By using the Service after the changes specified in paragraph 1 have been made, you shall be deemed to have accepted such changes.
Appcilious Pvt. Ltd. assumes no responsibility for any losses you may incur arising, directly orindirectly, as a result of your not having carefully read these Terms of Service, irrespective of the details or form.
Appcilious Pvt. Ltd. assumes no responsibility for any losses you may incur due to changes to, or discontinuance of, these Terms of Service, except in cases where such losses are due to our willful default or gross negligence.
Appcilious Pvt. Ltd. shall be able to terminate the Service without advance notice.
Appcilious Pvt. Ltd. assumes no liability to you or any third party for damages of any kind that you or a third party may incur arising, directly or indirectly, as a result of the termination of the Service, irrespective of the details or form.
Even in the event that certain provisions of these Terms of Service are deemed to be invalid based on laws and regulations, the provisions other than the invalid provisions in question shall remain in effect.
Even in the event that certain provisions of these Terms of Service are invalidated or canceled with respect to a particular user, these Terms of Service shall remain valid with respect to other users.
The interpretation and application of these Terms of Service shall be governed by the laws of India.
All disputes, controversies, or differences of opinion between you and Appcilious Pvt. Ltd. arising out of or in relation to these Terms of Service shall be settled finally by arbitration in Bengaluru, Karnataka, in accordance with the commercial mediation rules of the India.