Bovo Terms of Service

Last Updated: March 7, 2025

Thank you for your interest in Bovo Music, Inc. (“Bovo,” “we,” or “us”) and our websites at https://bovoai.com, along with our other related websites (collectively, the “Websites”), mobile and web applications (the “Apps”), hosted applications and other services provided by us (collectively, the “Service”). These Terms of Service are a legally binding contract between you and Bovo regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING BOVO’S PRIVACY POLICY AT https://bovo.ai/privacy-policy (THE “PRIVACY POLICY”, TOGETHER WITH THIS TERMS OF SERVICE, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND BOVO’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY BOVO AND BY YOU TO BE BOUND BY THESE TERMS.

BINDING ARBITRATION. THESE TERMS PROVIDE THAT ALL DISPUTES BETWEEN YOU AND BOVO THAT IN ANY WAY RELATE TO THESE TERMS OR YOUR USE OF THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION. ACCORDINGLY, YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT (INCLUDING IN A CLASS ACTION PROCEEDING) TO ASSERT OR DEFEND YOUR RIGHTS UNDER THESE TERMS (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT). YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY AND YOUR CLAIMS CANNOT BE BROUGHT AS A CLASS ACTION. PLEASE REVIEW SECTION 14 FOR THE DETAILS REGARDING YOUR AGREEMENT TO ARBITRATE ANY DISPUTES WITH BOVO.

1. Service Overview

Bovo is an AI-powered music generation platform designed to enable users to easily create lead sheets and melodies from works.

2. Accounts and Registration

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name and email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You may also be presented the option to authenticate through your Google account or e-mail. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at hello@bovo.ai.

3. Eligibility

You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service 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.

4. Licenses

4.1 Limited Right to Use the Service. Subject to your complete and ongoing compliance with these Terms, Bovo grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable right during the applicable Subscription Period to access and use the Service either through the App or the Websites.

4.2 Limited License to the Mobile App. Subject to your complete and ongoing compliance with these Terms, Bovo grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license during the applicable subscription period to install and use one object code copy of the mobile App on your mobile device that you own or control.

4.3 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, or such action is expressly authorized in these Terms, you will not, and will not permit anyone to, do any of the following: (a) reproduce, translate, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

4.4 Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Bovo an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

5. Ownership; Proprietary Rights

The Service is owned and operated by Bovo. The Service and the visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by Bovo or accessed through or made available for use or download through the Service (“Site Content”) are protected by intellectual property and other laws. All Site Content included in the Service are the property of Bovo or its third-party licensors. Except as expressly authorized by Bovo, you may not make use of the Site Content. There are no implied licenses in these Terms and Bovo reserves all rights to the Service and Site Content not granted expressly in these Terms.

6. Subscription Pricing and Payment

6.1 General. Use of the Services, or certain features of the Services, may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. Unless otherwise specifically provided for in these Terms, all fees are in U.S. dollars and are non-refundable, except as required by law.

6.2 Price. Bovo reserves the right to determine pricing for the Services. Bovo will make commercially reasonable efforts to keep pricing information published on the Services up to date. Bovo may change the fees for any feature of the Services, including by adding additional fees or charges, if Bovo gives you advanced notice of charges before they apply. Bovo may, at its sole discretion, make promotional offers with different features and different pricing to any of Bovo’s customers. These promotional offers, unless made to you, will not apply to you or these Terms.

6.3 Credits. Purchasing a subscription to the Services, or registering for a free version of the Services, may entitle you to a certain number of credits on your account for processing and other activities with the Services (“Credits”). Credits do not have any monetary value, may not be redeemed for cash, and may be used solely within the Services. If you run out of Credits, you may be asked to purchase additional Credits to continuing using those features of the Services that require them. Credits will rollover month-to-month for so long as you have an active subscription.

6.4 Authorization. Bovo currently uses the third-party payment processor Stripe (“Stripe”), but we may direct you to use a different payment processor at our sole discretion (Stripe, or another designated payment processor, the “Payment Processor”). Payments you make through the Services are processed by the Payment Processor and may be subject to additional terms. You authorize Bovo and the Payment Processor to charge all sums for the orders you make, including all applicable taxes, to the payment method specified in your account. Bovo and/or the Payment Processor may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.

6.5 Subscription Fees. The Services may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Services”). Unless otherwise noted when you subscribe, the “Subscription Billing Date” is date on which you purchase your first subscription to the Services or the date when your Trial Period (defined in Section 6.7 below) ends The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (this period the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration of the Initial Subscription Period (the Initial Subscription Period and every renewal period are each referred to as a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. For information on our current subscription fees (“Subscription Fees”), please see our pricing page at https://bovo.ai/pricing. If you activate a subscription, then you authorize Bovo or its Payment Processor to periodically charge, on a going forward basis and until cancellation of the Subscription Service or these Terms, all accrued sums. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account.

6.6 Refunds. Except as otherwise expressly provided for in these Terms, all payments made for Subscription Services, once paid, are non-refundable, and there are no refunds or credits for partially used period.

6.7 Free Trials. Bovo may make the Services or certain features of the available on a trial basis at its sole discretion (“Free Trial”) for a trial period designated by Bovo (or if not designated, thirty days) (the “Trial Period”). The Free Trial will automatically terminate at the end of the Trial Period. Notwithstanding anything to the contrary, Free Trials are provided as-is without any warranty of any kind, express or implied. Bovo will have no obligation to maintain, correct, update, or otherwise support Free Trials and may discontinue Free Trials at any time with or without notice. Upon expiration of the Trial Period, the Initial Subscription Period will automatically begin unless you terminate the Subscription Service prior to the end of the Trial Period in accordance with Section 6.5.

6.8 Taxes. Other than net income taxes imposed on Bovo, you will bear all taxes, duties, and other governmental charges resulting from these Terms. Subscriber will pay any additional taxes as are necessary to ensure that the net amounts received by Bovo after all of those taxes are paid are equal to the amounts that Bovo would have been entitled to in accordance with these Terms as if the taxes did not exist.

7. Third-Party Terms

7.1 Third-Party Services and Linked Websites. Bovo may provide tools through the Service that enable you to your User Content and other information and content, to third-party services, including through features that allow you to link your account on the Service with an account on the third-party service. By using one of these tools, you hereby authorize that Bovo to transfer that information to the applicable third-party service. Third-party services are not under Bovo’s control, and, to the fullest extent permitted by law, Bovo is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Bovo’s control, and Bovo is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services.

8. User Content Rights and Licenses

8.1 User Content. Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit content to the Service, including musical works, audio files, photos, images, data, text, and any other works of authorship (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you upload to the Service, subject to the licenses granted in these Terms.

8.2 Limited License Grant to Bovo. By uploading User Content to or via the Service, you grant Bovo a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to access and use your User Content for the purposes of providing the Service, and otherwise performing its obligations under these Terms.

8.3 Limited License to Other Users. If you use any of the features of the Services that enable collaboration, remixing, or other forms of shared creative use (the “Collaboration Features”), you hereby grant the other users of the Services a non-exclusive, worldwide, royalty-free, license to access, use, adapt, modify, share and distribute your User Content solely with the scope of the Services and solely for the purposes Collaboration Features were provided.

8.4 Bovo Music. Bovo may make available certain Site Content in the form of audio files and related musical works which were composed by Bovo for use by its users (“Bovo Music”). All Bovo Music will be clearly identified as such. Bovo hereby grants you a non-exclusive, non-transferrable, non-sublicensable right and license to use, adapt, modify, and perform the Bovo Music solely for your own personal use within the functionality of the Service, including to use the Bovo Music as input for the AI Features (defined below). Bovo owns, and will retain ownership of, all Output generated through use of the Bovo Music (“Bovo Music Output”). To the extent ownership of any Bovo Music Output vests with you, by operation of law or otherwise, you hereby assign all right, title, and interest in and to Bovo Music Output to Bovo. Notwithstanding the foregoing, Bovo may offer you the opportunity to purchase a commercial use license to Bovo Music or Bovo Music Output (“Commercial Use License”). Unless differing license terms are stated at the time of purchase, upon purchase of a Commercial Use License, and subject to the payment of all applicable fees, Bovo hereby grants you a non-exclusive right to use, copy, distribute and perform the applicable Bovo Music or Bovo Music Output for the duration stated in the Commercial Use License on any platform outside of the Services for own personal or commercial purposes.

8.5 You Must Have Rights to the User Content You Upload; User Content Representations and Warranties. You must not upload User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Bovo disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant to us that you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Bovo to use your User Content as necessary to exercise the licenses granted by you in this Section 8.4, in the manner contemplated by Bovo, the Service, and these Terms.

8.6 Usage Data. Bovo may generate aggregate, deidentified data from your use of the Service and User Content (“Usage Data”) and use it to operate, improve and support the Service and for other lawful business purposes, including benchmarking and reports. Any use or disclosure of Usage Data will not be identifiable to you or any other individual person.

9. Prohibited Conduct. BY USING THE SERVICE, YOU AGREE NOT TO:

9.1 use the Service for any illegal purpose or in violation of any local, state, national, or international law;

9.2 violate infringe, or misappropriate any third-party intellectual property right, including by uploading to which you do not have the rights to do so;

9.3 interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service;

9.4 interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;

9.5 use the Service to send unauthorized advertisements, promotional content, or spam to users through the Service;

9.6 use the Service to upload, remix, or share content that contains profane or sexually explicit material, violence, or other content deemed inappropriate for a general audience;

9.7 use the Service to engage in in or promote harassment, discrimination, hate speech, or any form of abusive behavior based on race, gender, religion, nationality, disability or other protected characteristics;

9.8 perform any fraudulent activity including impersonating any person or entity or engaging in deceptive practices.;

9.9 remove, alter, or cover any copyright notices or other proprietary rights notices placed on or in any part of the Services or Site Content;

9.10 use any bot, crawler, spider, or other automated script or software to scrape or build a database from the Services;

9.11 use the Service or any Site Content (including Bovo Music) for the purposes of training any artificial intelligence system or model, or building any databases;

9.12 use the Service or Site Content to create any competing product, services, or database; or

9.13 attempt to do any of the acts described in this Section 9 or assist or permit any person in engaging in any of the acts described in this Section 9.

10. AI Terms and Disclaimers

10.1 Responsible Use. For purposes of these Terms, “AI Features” means any features and/or functionality of the Services powered by artificial intelligence (including machine learning or generative artificial intelligence). You agree to use the AI Features available on the Service and in compliance with all applicable laws, statutes, and regulations.

10.2 Disclaimers Regarding AI. Due to the nature of the AI Features, Bovo does not represent or warrant that: (a) any output form the AI Features (“Output”) does not incorporate or reflect third-party content or materials; or (b) any Output will not infringe third-party intellectual property rights. You acknowledge and agree that any Output (included generated musical works) on our Service may not qualify for copyright protection under applicable laws. Laws regarding AI-generated works are evolving and we do not represent or guarantee that you will have any ownership rights (including copyrights) in Output or otherwise have any legal right to prevent others from using your Output or similar works. Any further distribution, sharing, licensing, or commercialization of Output is solely at your own risk. Bovo does not make any representations or warranties regarding your rights to distribute Output or any potential legal consequences from doing so. Outputs are generated through machine learning processes and are not tested, verified, endorsed or guaranteed to be accurate, non-infringing, complete or current by Bovo. You should independently review and verify all Outputs as to appropriateness for any or all use cases or applications. You are solely responsible for any Output and your reliance on or use of any Output. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, BOVO’S AGGREGATE LIABILITY FOR THE AI FEATURES WILL NOT EXCEED $100.

11. Modification of These Terms

We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section 11, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

12. Copyright Takedown Notices

We take allegations of copyright infringement on our Website and Services seriously. If you believe that your work has been copied in a manner that constitutes copyright infringement, please follow the procedures set forth below:

12.1 Notices of Alleged Infringement for Content Made Available on the Website. If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through our Website by sending a notice ("Notice") to our copyright agent designated below (“Designated Agent”). In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), your Notice must include substantially the following:

(a) you physical or electronic signature;

(b) identification of the copyrighted work you claimed to have been infringed, or, if multiple copyrighted works on the Website, a representative list of such works at that site;

(c) identification of the material that you claim to be infringing and information reasonably sufficient to permit us to locate that material;

(d) information reasonably sufficient to permit us to contact you, such as an address, telephone number, or e-mail;

(e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

(f) a statement that the information in the notification is accurate; and

(g) a statement, and under penalty of perjury, that you are authorized to act on behalf of copyright owner.

Deliver this Notice, with all items completed, to our Designated Agent:

Copyright Manager
Bovo Music, Inc.
20830 Stevens Creek Blvd PMB 1168
Cupertino, CA 95014
Phone: 4083598648
Email: hello@bovo.ai

Failure to list all of the items (i) – (vii) above in your Notice may result in your notice being ineffective under the DMCA.

12.2 Counter Notifications. If you receive a notification from us that content made available you on the Website and/or Service has been the subject of a Notice, then you will have the right to provide use with a counter notification (“Counter Notice”) by submitting written notification to our Designated Agent above. To be effective, your Counter Notice must be in writing and include substantially the following information:

(a) your physical or electronic signature;

(b) an identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled;

(c) adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address);

(d) a statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and

(e) a statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.

12.3 Reposting of Content by Us. If you submit a Counter Notice to us in accordance with the above, then we will promptly provide the individual who provided the original notice a copy of your Counter Notice and inform that person that, as is permitted by the DMCA, we will replace the removed content if that person does not file a court action against you to restrain posting of the allegedly infringing content by you on our Website within 10 business days following receipt of the Counter Notice.

12.4 False Notifications. Please additionally be aware that under 17 U.S.C. §512(f), knowingly misrepresenting in your Notice that material is infringing may subject you to damages (including attorneys’ fees and costs). We reserve the right to seek damages against any party that submits a Notice or Counter Notice in violation of law.

12.5 Repeat Infringers. We will terminate the accounts of users that are determined to be repeat infringers.

13. Term, Termination, and Modification of the Service

13.1 Term. These Terms are effective beginning when you accept these Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 13.2.

13.2 Termination. If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Bovo may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by following the instructions from your account page or contacting customer service at hello@bovo.ai.

13.3 Effect of Termination. Upon termination of these Terms: (a) all active Subscription Periods will immediately terminate, (b) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Bovo any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 4.3, 4.4, 5, 8.6, 9, 13.3, 14, 15, 16, 17, 18, and 19 will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.

13.4 Modification of the Service. Bovo reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. You should retain copies of any User Content you upload to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you uploaded to the Service.

14. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Bovo, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Bovo Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

15. Disclaimers; No Warranties by Bovo

15.1 THE SERVICE AND ALL SITE CONTENT AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. BOVO DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL SITE CONTENT AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. BOVO DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY SITE CONTENT OR OTHER CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND BOVO DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. BOVO DOES NOT WARRANT THAT USE OF THE SERVICE WILL ACHIEVE ANY PARTICULAR RESULT OR OUTCOME.

15.2 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR BOVO ENTITIES OR ANY SITE CONTENT OR OTHER CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE BOVO ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

15.3 THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 15 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Bovo does not disclaim any warranty or other right that Bovo is prohibited from disclaiming under applicable law.

16. Limitation of Liability

16.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE BOVO ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY SITE CONTENT OR OTHER CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BOVO ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

16.2 TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BOVO ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO BOVO FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.

16.3 EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

17. Dispute Resolution and Arbitration

17.1 We will try work in good faith to resolve any issue you have with the Service, including any products or services ordered or purchased through the Service, if you bring that issue to the attention of our customer service department. However, we realize that there may be rare cases where we may not be able to resolve an issue to a subscriber's satisfaction.

17.2 YOU AND BOVO ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

17.3 ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR USE OF THE PLATFORM OR SERVICES, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

17.4 Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. The arbitration will be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. You agree that, by agreeing to these Terms, the Federal Arbitration Act will govern the interpretation and enforcement of this section.

17.5 The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

17.6 If you seek arbitration or elect to file a small claim court action, you must first send Bovo, by certified mail, a written notice of your claim (a “Notice”) to 20830 Stevens Creek Blvd PMB 1168, Cupertino, CA 95014, United States of America. If Bovo initiates the arbitration, it will send such Notice to you in accordance with this section. A Notice, whether sent by you or Bovo, must: (a) describe the nature and basis of the claim or dispute; and (b) describe the specific relief sought (the “Demand”). If you and Bovo do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Bovo may commence an arbitration proceeding or file a claim in small claims court. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.

17.7 You agree to an arbitration on an individual basis. In any dispute, neither you nor Bovo will be entitled to join or consolidate claims by or against other customers in court or in arbitration or otherwise participate in any claim as a class representative, class member or in a private attorney general capacity. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.

17.8 This arbitration clause shall survive the termination of these Terms. If this specific provision is found to be unenforceable, then (a) the entirety of this arbitration provision shall be null and void, but the remaining provisions of these Terms shall remain in full force and effect; and (b) exclusive jurisdiction and venue for any claims will be as set forth below.

18. Miscellaneous

18.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Bovo regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

18.2 Governing Law. These Terms are governed by the laws of the State of California without regard to conflict of law principles. You and Bovo submit to the personal and exclusive jurisdiction of the state courts and federal courts located within San Francisco County, California for resolution of any lawsuit or court proceeding permitted under these Terms.

18.3 Privacy Policy. Please read the Bovo Privacy Policy http://bovo.ai/privacy-policy (the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Bovo Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

18.4 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

18.5 Contact Information. The Service is offered by Bovo Music, Inc., located at 20830 Stevens Creek Blvd PMB 1168, Cupertino, CA 95014, United States of America. You may contact us by sending correspondence to that address or by emailing us at hello@bovo.ai.

18.6 Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

18.7 No Support. We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

18.8 International Use. The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.

19. Notice Regarding Apple

This Section 19 only applies to the extent you are using our mobile App on an iOS device. You acknowledge that these Terms are between you and Bovo only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Service, the Site Content, or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile App to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Service and/or your possession and use of the Service infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that: (a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.