Date of Last Revision: March 26, 2026
Acceptance of These Terms of Service
Muzera APP of Parason Enterprise Limited ("Muzera", "we", "us", or "our") provides our services (described below) and related content to you through our mobile applications and related technologies ("Mobile Apps", collectively including all content, tools, features, functionality and technology offered on or through our Mobile Apps, the "Service"). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these "Terms of Service"). By accessing, browsing, or otherwise using the Mobile Apps or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.
We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by reviewing the Terms of Service section within our Mobile Apps. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.
Please read these Terms of Service carefully, as they contain an agreement to arbitrate and other important information regarding your legal rights, remedies, and obligations. The agreement to arbitrate requires (with limited exception) that you submit claims you have against us to binding and final arbitration, and further (1) you will only be permitted to pursue claims against Muzera on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, (2) you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis, and (3) you may not be able to have any claims you have against us resolved by a jury or in a court of law.
Your Privacy: At Muzera, we respect the privacy of our users. For more information please see our Privacy Policy, located at https://www.muzera.ai/privacy (the "Privacy Policy"). If the above link is inaccessible, the latest version of the Privacy Policy posted inside our Mobile Apps shall prevail. By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.
Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.
Service Description: The Service is designed to process input data, information, and content that you provide in the form of text inspirations, lyrics, images, information, data, text, software, music, sound and other audio, photographs, graphics, messages, and other materials and mediums (collectively referred to as the "Submissions") and generate and return audio and visual output based on those Submissions ("Output", and together with the Submissions, "Content"). The Service core functions include inspiration-to-song generation, lyric-to-song generation, image-to-song generation, and MV generation. The Service may include a public forum where Content can be shared in a productive environment with other users.
It is very important that you only upload, post, publish, or display (hereinafter, "upload(ing)") Submissions that you have rights to use and provide hereunder. By uploading any Submission, you represent and warrant that:
you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to submit and use (and allow us to use) such Submission in connection with the Service, including for the purpose of generating your Output or Voice Model;
your Submissions and the use thereof by the Service, including to generate Output and, if applicable, your Voice Model, will not violate any law or any third party's rights, terms and conditions associated with such Submission; and
no other licenses, permissions, consents or authorizations must be obtained from or payments made to any other person or entity by us (or any third party deriving any rights or obligations from us) arising out of or related to our use of your Submissions, including to create your Output or your Voice Model and/or to train, develop, fine-tune or otherwise improve the Service and any related artificial intelligence or machine learning models.
Muzera AI Assistant: As part of the Service, we may make available an artificial intelligence-powered intelligent assistant known as Muzera AI Assistant. You may only use Muzera AI Assistant to facilitate your creation and refinement of music, audio works and other Output via the Service, and not for any other purpose unless we allow otherwise in writing.
Voice Model: Our Service may allow you to create a voice model resembling your own voice that can be used with Output ("Voice Model"). If you want to use the Service to create a Voice Model, you will need to upload Submissions that include audio recordings of your voice. By creating a Voice Model, you agree that you are directing the Service to create a means by which to imitate or resemble your voice.
You agree that you can only create a Voice Model resembling your own voice. To be clear – this means that you expressly agree not to create, or attempt to create, a voice model of another person and you will not upload any Submission that includes an audio recording of another person's voice when creating your Voice Model. We reserve the right to remove your Voice Model at any time if we determine in our sole discretion it is not your own voice.
Your Registration Obligations: You may be required to register with Muzera or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service's registration form. Registration data and certain other information about you are governed by our Privacy Policy. You must be at least 18 years old to use the Service. The Service is not intended for users under the age of 18, and we strictly prohibit minors from registering accounts or using any Service functions, in compliance with COPPA, GDPR and global minor protection regulations. We may, but are not obligated to, provide a free tier of the Service. You may not create more than one account to benefit from the free tier of the Service. If we believe you are not using the free tier in good faith, we may stop providing access to the Service. If we discontinue the Service, we will refund you any pre-paid fees on a pro rata basis, based upon the number of months left in the pre-payment period.
Account Deletion and Data Retention: You may delete your account at any time through the account settings page in the Mobile Apps. After account deletion, we will cease providing the Service to you and delete or anonymize your account data, Submissions, Output and Voice Model data in accordance with applicable laws and our Privacy Policy. We may retain limited data for legal compliance, dispute resolution and security audit purposes for a reasonable period after account termination. Deleted accounts and related data cannot be recovered after formal deletion.
Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Muzera of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Muzera will not be liable for any loss or damage arising from your failure to comply with this paragraph.
Modifications to Service: Muzera reserves the right to modify, suspend or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Muzera will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
General Practices Regarding Use and Storage: You acknowledge that Muzera may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on Muzera's or its third-party service providers' servers on your behalf. You acknowledge that Muzera reserves the right to terminate accounts (and all of their corresponding Submissions and Output) that are inactive for an extended period of time. You further acknowledge that Muzera reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
User Conduct: You are solely responsible for any use of the Service and all Submissions that you make available to Muzera, including by uploading Submissions via the Service or by emailing or otherwise making available Submissions to other users of the Service, and for any Outputs or your Voice Model that you generate via the Service. You assume all risk associated with Submissions and your Voice Model, including the transmission thereof, and you have sole responsibility for the accuracy, quality, legality and appropriateness of your Submissions and Voice Model. The posting of Content on the Service by users does not indicate any approval or endorsement by Muzera of such Content. Muzera is not responsible for, and disclaims, any and all liability in connection with Content or any act of accessing, browsing, contributing to or otherwise using the Service. In no event will you use the Output or your Voice Model to compete with Muzera, including to create a competing product or service. The list below provides examples of the kinds of Submissions or uses that are illegal or prohibited by Muzera. Muzera reserves the right to investigate and take appropriate legal action against anyone who, in Muzera's sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:
submit, upload, transmit or otherwise make available any Submissions or direct the Services to generate any Output or Voice Model that (i) infringes, violates or misappropriates any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload and use under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is (or is used for or in connection with any purpose, initiative, activity, product or service that is) unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Muzera, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Muzera or its users to any harm or liability of any type;
interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
violate any applicable local, state, national, or international law, or any regulations having the force of law;
impersonate any person or entity, or falsely state, imply or otherwise misrepresent your affiliation with any person or entity (including by generating, making available, promoting, labelling or otherwise using Output or a Voice Model in a manner that suggests that such Output or Voice Model was created by or otherwise associated with an individual who was not the creator thereof);
solicit personal information from anyone under the age of 18;
post any private information, or otherwise harvest, collect or disclose email addresses or other information about another user or any other person without his or her express consent or for the purposes of sending unsolicited emails or other unsolicited communications;
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;
imply that Muzera endorses any of your Submissions, Output, Voice Model, statements or positions;
further or promote any criminal activity or enterprise or provide instructional information about illegal activities;
obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;
use the Services (and any Output or Voice Model) to create, develop or improve any competing products or services or to power, enable or train other artificial intelligence and machine learning models, tools or technologies;
circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or
engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods.
If you are blocked by Muzera from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).
Fees: To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Muzera that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Muzera or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Muzera the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Muzera (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Muzera know within thirty (30) days after the date that Muzera charges you, or within such longer period of time as may be required under applicable law. Details on our free and paid subscription offerings, including prices for paid subscriptions, are available on the pricing page within our mobile application. We reserve the right to change Muzera's prices. If Muzera does change prices, Muzera will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Muzera's option, at least fifteen (15) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Muzera's net income.
Subscription Renewals and Cancellations: You agree that if you purchase a subscription, your subscription will automatically renew at the subscription period frequency referenced on your subscription page and at the then-current rates, and your payment method will automatically be charged at the start of each new subscription period for the fees and taxes applicable to that period. To avoid future subscription charges, you must cancel your subscription before the end of the current subscription term directly through the Apple App Store or Google Play Store where you originally purchased the subscription. Following any cancellation by you, you will continue to have access to the paid Service through the end of the subscription period for which payment has already been made.
Payment Processing: Muzera does not independently process payments. All paid subscriptions and in-app purchases within the Service are exclusively processed through the official in-app purchase (IAP) billing systems of the Apple App Store and Google Play Store. All payment transactions, billing deductions, subscription management, payment method storage, and related after-sales services are governed by the respective terms of service and privacy policies of Apple and Google. By purchasing paid services through the app store channels, you agree to comply with the applicable rules of the corresponding application store. All payment-related inquiries, disputes, refunds, and billing issues shall be handled by the Apple App Store or Google Play Store. Muzera assumes no liability for any store payment processing results, transaction failures, deductions, or user payment disputes.
Refunds and Cancellations: Payments made by you hereunder are final and non-refundable, unless otherwise expressly determined by Muzera in writing. No refund will be provided for partial subscription periods, unused service quotas, account suspension or termination due to user violation of these Terms of Service, or voluntary abandonment of service use.
Commercial Use: Commercial usage rights of generated Output and Voice Model are tiered by user subscription type. Free tier users may only use the generated content for personal, non-commercial purposes and shall not engage in any commercial monetization, distribution, sale, licensing or public commercial release of any Service Output or Voice Model. Paid subscription users are granted full commercial use rights for content generated during valid subscription periods, including but not limited to public release, streaming platform distribution, commercial adaptation and monetization. Notwithstanding the above, no user may use the Service content for infringement activities, celebrity voice cloning, NFT issuance, blockchain trading or other illegal or risky commercial behaviors. Except for the expressly permitted scope above, no unauthorized commercial exploitation of the Service content is allowed.
Use of the Mobile App: You are responsible for providing the mobile device, wireless service plan, software, Internet connections and/or other equipment or services that you need to download, install and use the Mobile App. We do not guarantee that the Mobile App can be accessed and used on any particular device or with any particular service plan. We do not guarantee that the Mobile App or will be available in, or that orders for our paid Services can be placed from, any particular geographic location. As part of the Services and to update you regarding the status of service notifications, you may receive push notifications, local client notifications, emails or other types of messages directly sent to you in connection with the Mobile App ("Push Messages"). You acknowledge that any network and data usage fees incurred from accessing or using the Mobile App are charged by your mobile carrier and shall be borne solely by you. Muzera itself does not charge users any fees for sending in-app push notifications. You have control over the Push Messages settings, and can opt in or out of these Push Messages through the Services or through your mobile device's operating system (with the possible exception of infrequent, important service announcements and administrative messages). Please check with your wireless service provider to determine what fees apply to your access to and use of the Mobile App. You are solely responsible for any fee, cost or expense that you incur to download, install and/or use the Mobile App on your mobile device.
Mobile Software from the Apple App Store: The following terms and conditions apply to you only if you are using the Mobile App from the Apple Inc.'s ("Apple") App Store. To the extent the other terms and conditions of these Terms of Service are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect to your use of the Mobile App from the Apple App Store. You acknowledge and agree that these Terms of Service are solely between you and Muzera, not Apple, and that Apple has no responsibility for the Mobile App or content thereof. Your use of the Mobile App must comply with the App Store's applicable terms of use. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, for the Mobile App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Service. You and Muzera acknowledge that Apple is not responsible for addressing any claims of yours or any third party relating to the Mobile App or your possession and/or use of that Mobile App, including, but not limited to: (a) product liability claims, (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation. You and Muzera acknowledge that, in the event of any third party claim that the Mobile App or your possession and use of that Mobile App infringes that third party's intellectual property rights, Muzera, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service. You must comply with applicable third party terms of agreement when using the Mobile App. You and Muzera acknowledge and agree that Apple, and Apple's subsidiaries, are third party beneficiaries of these Terms of Service as they relate to your use of the Mobile App, and that, upon your acceptance of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you as a third party beneficiary thereof.
Ownership; Restrictions: The technology and software underlying the Service or distributed in connection therewith are the property of Muzera, its affiliates, and its licensors (the "Software"). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Muzera.
Service Content: You acknowledge and agree that the Service may contain content or features ("Service Content") that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Muzera or otherwise under these Terms of Service, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Service Content, in whole or in part, except that the foregoing does not apply to Content that you upload to or make available through the Service in accordance with these Terms of Service. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited.
Trademarks: The Muzera name, logos, brand identifiers and related visual symbols (collectively the "Muzera Brand Marks") are brand assets used and claimed by Muzera in connection with the Service. All usage rights, goodwill and intellectual property interests relating to the Muzera Brand Marks belong exclusively to Muzera. Other company, product, and service names and logos displayed via the Service are trademarks or service marks of their respective owners. Nothing in these Terms of Service grants you any license or right to use the Muzera Brand Marks without our prior written consent. Any unauthorized use, copying, imitation, or commercial exploitation of the Muzera Brand Marks is strictly prohibited. All goodwill generated from the use of Muzera Brand Marks will inure to our exclusive benefit.
Third-Party Material: Under no circumstances will Muzera be liable in any way for any content or materials of any third parties (including users), including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Muzera does not pre-screen content, but that Muzera and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Muzera and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Muzera, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Content Rights and Usage Authorization: You represent and warrant that you own all right, title and interest in and to Submissions, including all copyrights and rights of publicity contained therein, and that you possess all necessary rights or have obtained all consents necessary to grant Muzera the rights and licenses herein. By using the Service or otherwise transmitting Submissions to us, you grant to Muzera and our affiliates, successors, assigns, and designees a worldwide, non-exclusive, fully paid-up, sublicensable (directly and indirectly through multiple tiers), assignable, royalty-free, perpetual, irrevocable right and license to use, reproduce, store, modify, distribute, create derivative works based on, perform, display, communicate, transmit and otherwise make available any and all Content (in whole or in part) and any rights you may have in your Voice Model, in each case, in any media now known or hereafter developed, in connection with the provision, use, monetization, promotion, marketing, and improvement of our products and services, including the Service and the artificial intelligence and machine learning models related to the Service. This license to your Content and Voice Model includes a license to your likeness, voice rights and other indicia of your persona that may be embodied in your Content or Voice Model. For the avoidance of doubt, this license authorizes us to make your Content (including Output that incorporates your Voice Model, but, for clarity, not your Voice Model itself) available to and sublicense such Content to other users of the Service as necessary to provide the Service, and you further grant to Muzera the worldwide, fully paid-up, sublicensable, assignable, perpetual and irrevocable right to identify to the public (both on and off the Service) that Output (or any of it) was generated via the Service. Such additional uses by Muzera and other users of the Service is made without compensation to you or any other provider of the Submissions with respect to the Content or your Voice Model, as the use of the Service by you is hereby agreed as being sufficient compensation for the Content, your Voice Model and grant of rights herein. Furthermore, and for the avoidance of doubt, you irrevocably waive any and all so-called "moral rights" or "droit moral" that may exist in or in connection with the Content or your Voice Model. You acknowledge that to the extent that you include personally identifiable information in the Submissions, we may republish such information. Although Muzera has no obligation to monitor the Content or your Voice Model, you acknowledge and agree that we may do one or all of the following: (i) monitor the Content and your Voice Model; (ii) alter, edit, or remove any Content or Voice Model in whole or in part; or (iii) disclose any Content.
Subject to your compliance with these Terms of Service, if you are a user who has subscribed to the paid subscription tier of the Service, Muzera hereby assigns to you all of its right, title and interest in and to any Output owned by Muzera and generated from Submissions made by you through the Service during the term of your paid-tier subscription. The ownership and commercial authorization of works generated during valid paid membership period will not be affected after membership expiration. However, due to the nature of machine learning, Muzera makes no representation or warranty to you that any copyright will vest in any Output.
If you are a user of the free tier of the Service then, you covenant and agree that you will only use Outputs generated from Submissions made by you through the Service solely for your lawful, internal, personal and non-commercial purposes, provided that you give explicit attribution credit to Muzera (mark "Powered by Muzera") in each case. All Outputs generated by free users are exclusively owned by Muzera, and free users obtain no commercial rights, transfer rights or resale rights of any generated works.
To the extent permitted under applicable law, you agree to defend, indemnify, and hold harmless Muzera, its affiliates, and its and their respective officers, employees, directors, service providers, licensors, and agents (collectively, the "Muzera Parties") from any and all losses, damages, expenses, including reasonable attorneys' fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Service, any Content, Voice Model or use thereof, your connection to the Service, your violation of these Terms of Service, or your violation of any rights of another, including through your generation or use of any Output or Voice Model. Muzera will provide notice to you of any such claim, suit, or proceeding. Muzera reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting Muzera's defense of such matter. You may not settle or compromise any claim against the Muzera Parties without Muzera's written consent.
Your use of the Service and any Output is at your sole risk. The Service and any Output and Voice Model is provided on an "AS IS" and "AS AVAILABLE" basis. The Muzera Parties expressly disclaim all warranties of any kind, whether express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
The Muzera Parties do not warrant that the Service will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components, or that any Output or Voice Model generated through the Service will be accurate, reliable, complete, or consistent. No advice or information, whether oral or written, obtained by you from the Service or from Muzera shall create any warranty not expressly stated in these Terms of Service. Without limiting the foregoing, the Muzera Parties make no warranty whatsoever regarding the legality, validity, or enforceability of any user-generated content, Output or Voice Model.
To the fullest extent permitted by applicable law, in no event shall the Muzera Parties be liable to you or any third party for any indirect, incidental, special, consequential, punitive or exemplary damages, including, without limitation, loss of profits, loss of data, loss of goodwill, business interruption, personal injury, property damage, or any other consequential losses or damages arising out of or in connection with your access to or use of the Service, any Content, Output or Voice Model, even if the Muzera Parties have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so some of the above limitations may not apply to you.
In no case shall the total aggregate liability of the Muzera Parties for any and all claims arising out of or related to the Service or these Terms of Service exceed the total fees actually paid by you to Muzera for the Service in the twelve (12) months prior to the date the claim arose. If you have not paid any fees to Muzera, the maximum aggregate liability of the Muzera Parties shall be limited to one hundred United States Dollars (USD 100).
Dispute Resolution By Binding Arbitration
Pre-Arbitration Friendly Negotiation: Prior to initiating any arbitration or court proceeding, parties shall first attempt to resolve any Dispute through good faith friendly negotiation within thirty (30) days of written notice of the dispute. Both parties shall cooperate in good faith to settle disputes amicably.
Binding Arbitration Agreement: Subject to the below EU User Exception, you and Muzera agree that any dispute, claim, or controversy arising out of or relating to these Terms of Service or the breach, termination, enforcement, interpretation, or validity thereof, or to the use of the Service (collectively, "Disputes") shall be resolved by binding individual arbitration, and not in a court of law. Arbitration is a less formal procedure than litigation in court, uses neutral arbitrators instead of judges or juries, and allows for more limited discovery. Arbitration decisions are final and enforceable in court.
EU User Exception: For users residing in the European Economic Area (EEA), mandatory binding arbitration shall not apply. EEA users may resolve disputes through the competent local consumer dispute resolution authority or local courts in accordance with EU consumer protection laws and local regulations.
Exceptions to Arbitration: You may bring Disputes in small claims court if your claims qualify and so long as the matter remains in small claims court and is only pursued on an individual non-class basis. Nothing in this arbitration agreement shall prevent Muzera from seeking injunctive or other equitable relief from a court of competent jurisdiction at any time to protect the intellectual property rights, privacy rights, and legitimate business interests of Muzera.
Class Action Waiver: You and Muzera agree that all Disputes shall be resolved on an individual basis, and neither party shall bring or participate in any class action, class arbitration, representative action, or collective claim against the other. You waive any right to assert any claim on a class or collective basis, or to join any claim on behalf of any other person or entity.
Arbitration Rules and Venue: Arbitration shall be administered by a qualified international or national commercial arbitration institution in accordance with its then-effective commercial arbitration rules. The arbitral tribunal shall consist of a single neutral arbitrator. The place of arbitration shall be determined in accordance with the arbitration institution rules, and the arbitral proceedings shall be conducted in English. The arbitrator’s decision and award shall be final, binding and enforceable on both parties.
Governing Law: These Terms of Service and all Disputes arising out of or related hereto shall be governed by and construed in accordance with the laws of the applicable jurisdiction, without regard to its conflict of law rules.
Severability: If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable by a competent arbitral tribunal or court, the remaining provisions shall remain in full force and effect and shall be construed as nearly as possible to reflect the original intent of the parties.
Entire Agreement: These Terms of Service, together with our Privacy Policy and any supplementary terms posted within the Service, constitute the entire agreement between you and Muzera with respect to your use of the Service, and supersede all prior or contemporaneous oral or written agreements, understandings, or representations between the parties relating to the same subject matter.
Waiver: No failure or delay by Muzera in exercising any right, power, or remedy under these Terms of Service shall operate as a waiver thereof. No single or partial exercise of any right shall preclude any other or further exercise thereof or the exercise of any other right, power, or remedy.
Assignment: Muzera may assign, transfer, or delegate these Terms of Service and any of our rights and obligations hereunder, in whole or in part, to any affiliate, successor, or third party without your prior consent. You may not assign or transfer your rights or obligations under these Terms of Service without the prior written consent of Muzera.
Survival: All provisions of these Terms of Service which by their nature should survive termination shall survive termination of these Terms of Service, including without limitation intellectual property provisions, indemnification, disclaimers, liability limitations, dispute resolution provisions, and user authorization clauses.
Contact Information: If you have any questions, comments, or disputes regarding these Terms of Service or the Service, please contact us through the official support channel of Muzera.