1.0 ABOUT US

We, Beatoven.ai (Beatoven Private Limited) make use of artificial intelligence (AI) to help content creators create their own soundtracks. We offer a user-friendly audio creator tool that does not require a user to have prior knowledge of music and uses AI algorithms to generate music and sound effects in real time depending on their preferences. Users have full control of their soundtracks for every section of their content. Based on their preferences (sections, sounds, mood, dynamics, genre), our system generates high quality soundtracks and gives them full creative control.

2.0  ACCEPTANCE OF THE TERMS AND CONDITIONS

Beatoven Private Limited (herein referred to as “ Beatoven”, “Company”, “We”, “Us”, or “Our”) provides services to users and makes such services available through our website “https://www.beatoven.ai/ ”. All use of this website is subject to the terms and conditions contained in this Terms of Services Agreement (the “Agreement”). By accessing, browsing or otherwise using this website users’ acknowledge that users have read, understood, and agree to be bound by this Agreement. If users do not accept the terms and conditions of this Agreement, users shall not access, browse or use the website.

3.0 TERM AND TERMINATION

3.1 As long as users use Our Services, this Agreement shall remain in full force and effect. We may terminate users from the Services, in our sole discretion, for any reason or no reason whatsoever, at any time, without warning or notice to users. Upon such termination of agreement, users shall be stopped from using the Services of Beatoven.

3.2 In case users wish to discontinue they may at any point opt out of their subscription.  Beatoven deserves the right to unilaterally terminate your use of the Application without notice or any liability for reasons of breach of the terms mentioned herein. The obligations and liabilities of the users incurred prior to the termination date shall survive the termination of this agreement for all purposes. This Agreement and its Service are effective unless and until terminated by either users or Us. Users may terminate this Agreement by 

1. Cancelling their Subscription
2. Non-payment of the Subscription Fee
3. Notifying Us that they no longer wish to use Our Services.

3.3 If in our sole judgment that a user fails, or we suspect that an user has failed, to comply with any term or provision of this Agreement, we also may terminate this agreement at any time without notice and such user will remain liable for all amounts due up to and including the date of termination.

4.0 USE OF THE WEBSITE

4.1 This website contains music as the primary content including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that We have with third-parties. The Content is protected by intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. Users have no rights in or to the Content, and users will not use, copy or display the Content except as permitted under this Agreement. No other use is permitted without Our prior written consent. Users must retain all copyright and other proprietary notices contained in the original Content on any copy users make of the Content. Users may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose other than as authorized by Us. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If users violate any part of this Agreement, users' right to access and/or use the Content and website shall automatically terminate and users shall immediately destroy any copies users have made of the Content.

4.2  The trademarks, service marks, and logos of the Company (the “Company Trademarks”) used and displayed on this website are trademarks or service marks of the Company. Other company, product, and service names located on the website may be trademarks or service marks owned by third-parties (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on this website or in this Agreement should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on this website without the prior written consent of the Company specific for each such use. The Trademarks may not be used to disparage the Company or the applicable third-party, the Company’s or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without the Company’s prior written consent. All goodwill generated from the use of any Company Trademark shall insure to the Company’s benefit.

4.3 Users agree not to: (a) take any action that imposes an unreasonable load on the website’s infrastructure, (b) use any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website, (c) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or making up the website, (d) delete or alter any material posted on the website by the Company or any other person or entity, (e) Not claim ownership on the music used on their content and acknowledge that the copyright in such music vests with Beatoven.

4.4 Our Website contains links to third-party websites (“External Sites”). These links are provided solely as a convenience to users and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. Users should contact the site administrator or Webmaster for those External Sites if users have any concerns regarding such links or any content located on such External Sites.

4.5 Beatoven is not responsible for the content of any linked External Sites and does not make any representations regarding the content or accuracy of any materials on such External Sites. Users should take precautions when downloading files from all websites to protect users' computers from viruses and other destructive programs. If users decide to access any External Sites, users do so at users own risk.

5.0 LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES.

5.1 Beatoven does not warrant that this website will operate error free and the website, its servers, contents, services are free from computer virus or similar contaminations.

5.2 This website and the services offered are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. Beatoven disclaims all warranties including but not limited to the warranties of title, merchantability, non-infringement of third party rights and fitness for a particular purpose.

5.3  Under no circumstances shall Beatoven be liable for any damages, whatsoever (including but not limited to incidental and consequential damages, lost profits, or any other damages resulting from lost data or business interruption) resulting from the users or inability to use this website or services offered on this website.

6.0 USERS MUST COMPLY WITH APPLICABLE LAWS.

We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside in particular territories. Users are solely responsible for ensuring compliance with the laws of users specific jurisdiction.

7.0 USE OF OUR SERVICES AND PRODUCTS

You must be at least 18-years old to use the Services. By agreeing to these Terms, you represent and warrant to us that: (1) you are at least 18-years old, (2) you have not previously been suspended or removed from the Services and (3) your registration and your use of the Services is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

8.0  INTELLECTUAL PROPERTY 

8.1 We own/control all the content that we have uploaded on the Website including all copyrights, trademarks, images, text, designs, and other intellectual property. Users, by availing Our Services are provided with a license to use our copyrighted music for their content and may not copy, distribute, modify, or make derivative works of any of our intellectual property in any way unless otherwise authorised by Us. 

8.2 All Non-Exclusive Music License (“Licenses”) granted to use Sound Recording (including the underlying literary & musical works embodied therein) pursuant to any of the Company’s plans that users sign up for (“Licensee”) shall be subject to these Terms of Services, The Main Terms recorded in each Non-Exclusive Music License and the “Standard Terms” as listed below:

1.) Company hereby grants Licensee, the non-exclusive right and license to do, the following, during the Period, throughout the Territory:

1. Reproduce, adapt and record the Work (or any portion thereof) in synchronization or timed relation with the Project in accordance with the Licensed Usage; and Sell, license, reproduce, make copies of, distribute, deliver, exhibit, perform, communicate to the public, make available, transmit and otherwise exploit the Project embodying the Work (or any portion thereof) in the Distribution Channel.

Licensee represents and warrants that:

1. (i) Licensee has the right to enter into License and act upon the rights granted hereunder.
2. (ii) It will comply with all applicable laws in connection with the performance of its obligations herein.
3. (iii) The Sound Recording shall be exploited in accordance with License

2.) Licenses shall stand automatically terminated any Sound Recordings is not used in accordance with the Terms of Services, The Main Terms recorded in each Non-Exclusive Music License and the Standard Terms.

3.) Notwithstanding anything to the contrary contained herein, Licensee may not further assign, sub-license or transfer this Agreement or any part hereof, to any person or entity.

4.) Notwithstanding anything to the contrary contained herein, Company will not in any circumstances be liable for any claims/amounts in access of the amounts paid to Company by Licensee as License/subscription fees.

9.0 PRIVACY 

Beatoven respects users’ privacy and processes users’ personal information following our Privacy Policy. Our Privacy Policy explains how we deal with users’ information.

10.0 SECURITY 

Concerning the security of the information provided via our Website, our developers have taken steps to safeguard the integrity of telecommunications and computing infrastructures, including, but not limited to: authentication, monitoring, auditing, and encryption. This information should not be interpreted in any way as giving business, legal or other advice or warranting as failing the security of information provided via Beatoven’s supported website. Users should ensure that the computer and software used to access the site, including the internet browser software, are up to date. It is the responsibility of users to protect their private and confidential information.

11.0 MINORS

Children are not eligible to use online services of Beatoven.ai that require submission of personal information, including those that require payments by credit card and we protect minors (under 18) from using the website. 

12.0 CANCELLATION

We may cancel users accounts and block users permanently from availing Our Services, if we reasonably believe there is a risk associated with users, or users have used Our Services for any content that falls within the ambit of PROHIBITED CONTENT LIST or for breach of any law or regulation. 

13.0 LIABILITY 

Beatoven is not liable in case of any damages, direct or incidental, including but not limited to profit or customer loss, loss of data, or information, all purchases being advised to store a backup of their data. 

14.0 TERMS OF SERVICE MODIFICATION 

Beatoven may modify these Terms of  Service from time to time. The date on which the latest update is made shall be made available to the Users at the top of this page.

 15.0 SEVERABILITY 

If one of the clauses of the Terms of Use is held to be invalid, users and Beatoven agree that the other clauses shall remain valid and that the license will remain in full force and effect. 

16.0 APPLICABLE LAW

These Terms of Use are governed by the laws of India.Any dispute relating to their interpretation and/or their execution shall be referred to the Court of  Bengaluru jurisdictions, excluding any other competent jurisdiction. 

18.0 FORCE MAJEURE

We shall not be liable for any failure or delay in the performance of this Agreement, if the same is attributable to a Force Majeure event. A “Force Majeure Event” shall mean any

event that is beyond our reasonable control and shall include, without limitation, sabotage,

fire, flood, explosions, acts of God, civil commotion, strikes or industrial action of any kind,

riots, insurrection, war, acts of government, computer hacking, unauthorized access to

computer data and storage device, computer crashes, breach of security, encryption etc.

19.0  INDEMNITY 

Users agree to indemnify, defend and hold Beatoven harmless (including but not limited to affiliated companies and their contractors, officers, directors, and employees) from all claims, liabilities, and expenses (including reasonable attorney's fees) related to users’ breach of this Agreement.

20.0 CONTACT US/NOTICES

If you have any questions or comments about the Terms of Service, Our Services or you wish to report any violations or grievances, you can reach us at :

Mailing address: No. 677, 1st Floor, Suite # 507, 27th Main, 13th Cross, Sector 1, HSR Layout, Bengaluru Bangalore KA 560 102, India

Email ID: hello@beatoven.ai

PROHIBITED CONTENT LIST

Users on Beatoven.ai (beatoven.ai) are not allowed to use the service offered for any kind of contents which: 

1. Victimize, harass, degrade, or intimidate an individual or a group of individuals on the basis of gender, religion, political option, sexual orientation, race, ethnicity, age, or disability;
2. Violate any law, statute, ordinance, or regulation including, without limitation, those governing consumer protection, Internet tobacco sales, unfair competition, anti-discrimination or false advertising;
3. Offer or disseminate fraudulent goods, services, schemes, or promotions (e.g. make-money-fast schemes, chain letters, pyramid schemes), payday loans or engage in any unfair deceptive act or practice;
4. Are associated with any form of gambling, betting, lottery & bingo type services;
5. Are associated with any form of adult, sexually-oriented, or obscene materials or services, including without limitation, any material clearly designed to sexually arouse the viewer/reader (e.g. books, text, photos, videos, X-rated movies, pornographic materials, etc.), any materials which require individuals to be eighteen (18) years of age or older to view or purchase those materials, escort services, and adult websites;
6. Are associated with the sale of:
1. any controlled drug that requires a prescription from a licensed practitioner; or
2. any over-the-counter drug, or
3. non-prescription drugs;
4. are associated with illegal telecommunications or cable television equipment, such as access cards, access card programmers and unloopers, cable descramblers or filters;
7. Are associated with weapons of any kind and related items, including firearms, firearm parts and magazines, ammunition, BB and pellet guns, tear gas, stun guns, switchblade knives and martial arts weapons;
8. Take advantage of minors’ inexperience and credulity; exploit the special trust minors have in their parents, teachers or other persons;
9. Unreasonably put/ show minors in dangerous situations.
10. For spreading any false information related to the ongoing pandemic situation due to the COVID 19 outbreak.
11. Market for:

1. Nicotine, nicotine products, products imitating nicotine products, symbols related to smoking or nicotine;
2. Drugs of any kind, products related to drugs, symbols related to drugs, the use of drugs of any kind;

Non Disclosure Agreement 

This Non Disclosure Agreement (“Agreement” herein) is entered into by and between the undersigned, (“Recipient”),  and Private Limited, a private limited company registered under the Companies Act 2013, having registered office at No. 677, 1st Floor, Suite # 507, 27th Main, 13th Cross, Sector 1, HSR Layout, Bengaluru Bangalore KA 560102 IN, hereinafter referred to as “Beatoven” which shall include all principals, officers, directors, partners, managers, employees and agents of Beatoven.

Whereas: Beatoven runs an artificial intelligence powered simplified creator tool that helps Users to create their own music for videos, storybooks, games and podcasts.

Whereas: Recipient shall be provided with the beta access to the services offered on the website of Beatoven ‘https://Beatoven.ai/’. Both Recipient and Beatoven desire to receive Confidential Information from each other only on the terms and conditions contained herein.

Now, therefore, for the reasons set forth above, both Recipient and Beatoven hereby agree as follows: “Confidential Information” is to be construed broadly and includes, but is not limited to, all of the following of both Parties: Business plans, customers, clients, distributors, designs, trade secrets, know-how, materials, logos, trademarks, copyrights and documents related to present or prospective business, procedures and products, partners, programs, research, vendors, financial information and other proprietary information and intellectual property.

NOTICE:  Confidential Information however shall not include what is already known to the public on the Effective Date herein, or what is thereafter lawfully disclosed to the public, or what the Recipient already had in his/her/their/its possession on the Effective Date.

“Recipient” shall include all principals, officers, directors, partners, managers, employees and agents of Recipient. Recipient agrees, acknowledges and covenants as follows: Beatoven’s information is the sole property of Beatoven and/or its assigns. Recipient shall keep in confidence and trust this information, and shall not use nor disclose any Confidential Information to third parties without Beatoven’s prior written agreement setting forth the terms and conditions of any such use or disclosure; except that Recipient may disclose the Information to Recipient’s attorneys, accountants, and investment advisors who shall be provided with this Agreement and who shall be bound to the terms of this Agreement as if they were parties to this Agreement.Recipient hereby acknowledges that all “Physical Property” (documents, records, and any and all other tangible or intangible property incorporating Confidential Information) and “ Digital Property'' (digital documents, music files, copyrighted material, intellectual property) furnished to Recipient by Beatoven pursuant to this Agreement shall be and shall remain Beatoven’s sole property. Recipient agrees to return all Physical Property and Digital Property upon request to Beatoven and acknowledges that if no working arrangement is reached, all of the Physical Property and Digital Property will be promptly returned to Beatoven. 

Miscellaneous. This Agreement constitutes the entire agreement between the parties relating to the matters discussed herein and may be amended, modified, or waived only with the mutual written consent of the parties. If any one or more provisions of this Agreement shall be held by any court to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of any other portion of the Agreement. This Agreement will be governed by the laws of India and the courts at Bengaluru will have exclusive jurisdiction in relation to any disputes arising out of or relating to this Agreement. All notices hereunder will be in writing (emails permitted) and will be sent by overnight courier, confirmed facsimile transmission certified mail. Notices to both Parties will be delivered to the addresses set forth hereinbelow.

Refund and Cancellation Policy

1. Cancellation of Subscription & Refunds:

Users may cancel their subscription at any time for any reason whatsoever. However the Company shall not be liable to refund any subscription fees paid or any pro-rata subscription fees paid by the User at any time after the payment of the subscription fees.