Terms of Services

GENERAL TERMS AND CONDITIONS FOR THE USE OF SERVICES OF PEAKSEL D.O.O. NIS

These General Terms and Conditions for the use of the Services (“Terms”) are an agreement between You and Peaksel LLC, a company organized under the laws of Serbia, with a registered and business address at Kursumlijska 1, Nis, Serbia (“We,” “Us,” or “Our”). Use of the Services is also governed by Peaksel’s Privacy Policy and other policies, which are incorporated herein by reference.

INTRODUCTION

BY ACCESSING OR USING THE SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

Subject to Your acceptance of and compliance with these Terms and any other policies, We grant You a personal, limited, non-exclusive, revocable, and non-transferable license to use the Services solely for Your personal and non-commercial purposes as set forth in these Terms.

If You have any questions relating to these Terms, please contact Us through https://peaksel.com/contact.

Definitions

“We/Us” means Peaksel D.O.O. Nis, a company organized under the laws of Serbia, with a registered and business address at Kursumlijska 1, Nis, Serbia, and its affiliates and subsidiaries.

“Services” means collectively the website located at https://peaksel.com, the “AI Ringtone Generator: RingLab” mobile application, and any other services provided by Us, including any other URL or application which may replace or be added to the list of services offered by Us.

“You” means a user of the Services.

“Users” means the users of the Services, collectively.

“Conditions or the Terms of Website” means these General Terms and Conditions for the use of the Services and any other policies; Terms are available at the bottom of the Services or on the link https://peaksel.com/terms;

“Other policies” means additional terms which govern other special features available on our Services.

“Cookies” means small text files which our Services place on Your device’s storage to enable information about Your browsing session and to identify Your device.

“Personal Information” means the details provided by You on registration, as well as any information regarding behavior on the Services and any other information submitted by You to Us.

“AI-Generated Content” means the details provided by You on registration, as well as any information regarding behavior on the Services and any other information submitted by You to Us.

USER ELIGIBILITY

You must be at least 13 years old to use our services. If You are under 18, You may use our services only with the consent of a parent or legal guardian. By accessing or using the Services, You represent and warrant that You meet the eligibility requirements.

ACCESS

Use of the Services

You are provided with access to these Services in accordance with these Terms.

You agree to use the Services in a manner that does not cause harm to Us, other Users, or third parties. We reserve the right to terminate or restrict Your access to the Services without prior notice if You violate these Terms or if You abuse the Services or access the Services to an unusual extent. We are entitled to prevent access to the Services if We have reason to believe that You are engaged in illegal activity or compromise other Users’ or Our data security or privacy.

We may suspend the Services where necessary, for example, for installation, amendment, or maintenance work, or if laws, regulations, or authorities so require, or if there are other justifiable reasons for suspension. We aim to ensure that the suspension is as short as possible. We reserve the right to cease operating the Services or offering them to the public at our sole discretion.

Modification of these Services

We reserve the right to modify or withdraw, temporarily or permanently, the Services (or any part thereof) with or without notice to You, and You confirm that We shall not be liable to You or any third party for any modification or withdrawal of the Services. If such changes necessitate changes in Your operating environment or other devices, You shall make such changes at Your own expense.

Modification of these Terms

We reserve the right to modify and/or change the Terms from time to time, and Your continued use of the Services (or any part thereof) following such change shall be deemed to be Your acceptance of such change. It is Your responsibility to check regularly to determine whether the Terms have been changed. If You do not agree to any change to the Terms, then You must immediately stop using the Services and must not access or use the Services.

The most current version of the Terms is available at https://peaksel.com/terms.

Feedback

In connection with Your use of the Services, You may provide Us with suggestions, ideas, reviews, comments, questions, or other information and/or material regarding the Services (“Feedback”). After providing the Feedback to Us, You continue to retain any Intellectual Property Rights to the Feedback that You may have, and You grant Us and our partners a worldwide, perpetual, irrevocable, and royalty-free right and license to use, copy, amend, modify, translate, further develop, and make derivative works of the Feedback. You acknowledge that You also give to Us, without charge, the right to commercialize Your Feedback in any way and for any purpose. We have no liability for any loss or damage suffered by You as a result of the disclosure or use of such Feedback.

You agree not to provide Us with Feedback that is subject to a third-party license that requires Us to license the Services or the material contained therein to third parties because We include Your Feedback in the Services. Further, We do not solicit or wish to receive any Feedback from You that is deemed confidential or proprietary unless specifically so requested by Us. Any Feedback that You submit to Us will be deemed non-confidential and non-proprietary unless We have specifically stated otherwise. We are not responsible for Feedback of third parties or any materials that are provided by You and/or third parties.

GENERAL PROVISIONS

License to Use the Services

Through the use of the Services, We grant You a personal, limited, non-exclusive, non-transferable, revocable license to use the Services for Your personal, non-commercial use. Your acquired rights are subject to Your compliance with these Terms, the Privacy Policy, and any other policies. Any commercial use is prohibited. Notwithstanding this prohibition, You are allowed to use the Services in a non-modified form for the purpose of viewing and utilizing the functionalities provided.

Use of AI-Generated Content

License Grant

By using our Services, You are granted a personal, non-exclusive, non-transferable, revocable, and limited license to generate and use AI-generated ringtones and notification sounds (“AI-Generated Content”) for personal, non-commercial use only.

Restrictions on Use

You agree that You will NOT:

  • Commercially Exploit AI-Generated Content: Sell, resell, license, sublicense, distribute, or otherwise commercially exploit the AI-Generated Content, including but not limited to selling the content on music platforms such as Spotify, Apple Music, or using it as background music for YouTube videos or any other platforms.
  • Sublicense to Third Parties: Grant any rights to the AI-Generated Content to any third party or allow any third party to use the AI-Generated Content.
  • Public Performance and Distribution: Perform, display, or distribute the AI-Generated Content in a public setting or on any platform that allows for public viewing or access.
  • Modification and Derivative Works: Modify, adapt, translate, or create derivative works based upon the AI-Generated Content for commercial purposes.

Ownership

All rights, title, and interest in and to the AI-Generated Content, including all intellectual property rights, are and will remain the exclusive property of Us and/or our licensors. Nothing in these Terms grants You any rights other than those expressly set forth herein.

Violation of Terms

Any use of the AI-Generated Content in violation of these Terms may result in the termination of Your access to the Services and may subject You to legal action.

Restrictions on use

Your right to use the Services is limited to the license grant above, and You may not otherwise copy, display, seek to disable, distribute, perform, publish, modify, transfer, create works from, or use the Services or any component of it, except as expressly authorized by Us. You are not authorized to, for example:

  • Access or Use the Services through Unauthorized Means: Access or use the Services through any technology or means other than those provided by Us, or through any automated system such as scripts, bots, or web crawlers.
  • Reverse Engineering: Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying ideas or algorithms of any part of the Services, including the backend technologies used in the app.
  • Interference: Interfere with or disrupt the integrity or performance of the Services or the data contained therein.
  • Unauthorized Access: Attempt to gain unauthorized access to the Services or their related systems or networks.
  • Modification: Modify, translate, or create derivative works based on the Services or any part thereof.
  • Removal of Notices: Delete, obscure, or in any manner alter any warning, notice (including but not limited to any copyright or other proprietary rights notice), or link that appears on the Services.
  • Trademarks and Logos: Remove or alter Our trademarks or logos or legal notices from the Services.

In no event may the Services be used in a manner that:

  • Harassment or Violation of Rights: Harasses, abuses, threatens, defames, or otherwise infringes or violates the rights of any other party.
  • Unlawful Activities: Is unlawful, fraudulent, or deceptive.
  • Unauthorized Access: Uses technology or other means to access Our proprietary information that is not authorized by Us.
  • Automated Systems: Uses or launches any automated system to access the Services.
  • Malicious Code: Attempts to introduce viruses or any other malicious code that interrupts, destroys, or limits the functionality of any computer software, hardware, or telecommunications equipment.
  • Security Risks: Attempts to gain unauthorized access to Our Services, other accounts, or computer systems or networks connected to the Services.
  • Encourages Illegal Conduct: Encourages conduct that would constitute a criminal offense or give rise to civil liability.
  • Violates These Terms: Violates these Terms.

Reservation of rights

You have obtained a license to use the Services, and Your rights are subject to these Terms, the Privacy Policy, and other policies. You acknowledge and agree that all copyrights, trademarks, and all other intellectual property rights in all material or content supplied as part of the Services shall remain at all times vested in Us or Our licensors. You are permitted to use this material only as expressly authorized by Us or Our licensors. You acknowledge and agree that the material and content contained within the Services are made available for Your personal, non-commercial use only.

The Intellectual Property Rights in the Services and the materials on or accessible via them belong or are licensed to Us. These Services and the materials on or accessible via them and the Intellectual Property Rights therein may not be copied, distributed, published, licensed, used, or reproduced in any way (save to the extent strictly necessary for, and for the purposes of, accessing and using the Services). “Peaksel” and the Peaksel Logo are trademarks that belong to Us, and they may not be used, copied, or reproduced in any way without written consent from Us. All trademarks not owned by Us are the property of their respective owners and are used with permission. Nothing contained on the Services may be construed as granting, by implication, estoppel, or otherwise, any right or license to use any trademark.

For these purposes, “Intellectual Property Rights” includes the following, but is not limited to (wherever and whenever arising and for the full term of each of them): any patent, trademark, trade name, service mark, service name, design, design right, copyright, database right, moral rights, know-how, trade secret, and other confidential information, rights in the nature of any of these items in any country, rights in the nature of unfair competition rights, and rights to sue for passing off or other similar intellectual or commercial right (in each case whether or not registered or registrable) and registrations of and applications to register any of them.

Compliance with laws

The Services may be used only for lawful purposes and in a lawful manner. You agree to comply with all applicable laws, statutes, and regulations regarding the Services and any transactions conducted on or through the Services.

Indemnity

You agree fully to indemnify, defend, and hold Us, and Our officers, directors, employees, agents, and suppliers, harmless immediately on demand, from and against all claims, liability, damages, losses, costs, and expenses, including reasonable legal fees, arising out of any breach of the Terms by You or any other liabilities arising out of Your use of the Services, or the use by any other person accessing the Services using Your device and/or Your Personal Information.

Collection of data

For the collection of data, advertising and the use of cookies, please refer to our Privacy Policy available at https://peaksel.com/privacy.

Limitation of liability and warranties

While We use reasonable endeavors to verify the accuracy of any information We place on the Services, We shall not be responsible for and We disclaim all liability for any loss, liability, damage (whether direct, indirect, or consequential), personal injury, or expense of any nature whatsoever which may be suffered by You or any third party as a result of or which may be attributable, directly or indirectly, to Your access and use of the Services, any information contained on the Services, Your personal information, or material and information transmitted over our system. In particular, neither We nor any third party or data or content provider shall be liable in any way to You or to any other person, firm, or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury, or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any information, or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof. In addition, We do not make any warranty or representation that information on the Services is appropriate for use in any jurisdiction.

The Services and AI-generated content are provided on an ‘as is’ and ‘as available’ basis without any warranties of any kind, express or implied. We do not warrant that the AI-generated content will meet your expectations or requirements, nor that it will be free from errors or interruptions. To the fullest extent permitted by law, We disclaim all liability for any indirect, incidental, or consequential damages arising from your use of the Services.

We will not be liable, in contract, tort (including, without limitation, negligence), or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with the Terms for:

  • Any economic losses (including without limitation loss of revenues, profits, contracts, business, or anticipated savings); or
  • Any loss of goodwill or reputation; or
  • Any special or indirect losses suffered or incurred by that party arising out of or in connection with the provisions of any matter under the Terms.

This section does not affect Your statutory rights as a consumer, nor does it affect Your Agreement Cancellation Rights.