These OurSong Pro Terms of Service (the “Pro TOS”) govern your purchase and use of services offered by Our Happy Company Pte. Ltd. (“we”, “our”, “ours” or “us”) through the OurSong Pro subscription (the “Subscription”; services offered through the Subscription are hereinafter referred to as the “Subscription Services”). By purchasing a Subscription and commencing use of the Subscription Services, you (hereinafter also referred to as the “Subscriber”) agree that you have read, understood, and accepted all of the terms and conditions contained herein, as well as those contained in the OurSong Terms of Service, the Technical Service Agreement, and our Privacy Policy (together, the “Incorporated Agreements”), each of which is incorporated herein by reference, with the same force and effect as though fully set forth herein. Each capitalized term used, but not otherwise defined herein, shall have the meaning ascribed to it in the Incorporated Agreements. If the terms set forth below are inconsistent with any term in any Incorporated Agreement, the terms set forth below shall apply.
1. Subscription Services
1.1 Digital Distribution
As a Subscriber, you are eligible for our digital distribution service whereby you may select recordings created and shared by you on the OutSong Platform for distribution on digital streaming platforms designated by you. For more information about this aspect of the Subscription Services, please review the OurSong Terms of Service.
1.2 Promotional Offer
From time to time, we may organize events, including but not limited to giveaways, sweepstakes, and contests (each, a “Promotional Event”), to promote our services and offer certain benefits exclusively to Subscribers (each, a “Promotional Offer”). To the maximum extent allowed by applicable law, we reserve the right to modify, suspend, or terminate a Promotional Offer at any time, with or without cause. Your acceptance of a Promotional Offer and participation in a Promotional Event shall be subject to additional rules and conditioned upon separate eligibility requirements.
1.3 Handling Fee Waiver
We hereby waive all Handling Fees which would otherwise be due from you pursuant to the OurSong Terms of Service in connection with the purchase or sale of any Work or Remix.
1.4 OurSong DM
As a Subscriber, you may send and receive direct messages from other users through our direct messaging feature (“OurSong DM”). Non-Subscriber members may reply to direct messages sent by you via OurSong DM, but they are unable to initiate communications. We work with CometChat to provide OurSong DM. In the course of using OurSong DM, your personal information will be collected, stored, processed, or otherwise used by CometChat in accordance with its privacy policy (the “CometChat Privacy Policy”). By signing up for a Subscription and using OurSong DM, you agree to be bound by the CometChat Privacy Policy. For the avoidance of doubt, we will not share any personal information made available to us through your use of OurSong DM to any third parties.
2. Subscription Term; Renewal
Your Subscription is valid for an initial term of one (1) year (the “Initial Term”) and shall be automatically renewed for an additional annual period (each, a “Renewal Term” and each Renewal Term together with the Initial Term, the “Subscription Term”). Upon each renewal you will be charged the applicable Subscription Fee for the next Renewal Term.
3. Cancellation; Termination; Change of Status
3.1 You may cancel your Subscription at any time; however, there are no refunds for cancellation. If you cancel before the end of your Subscription Term, you will have access to your account for the remainder of the Subscription Term. Thereafter, your Subscription will be terminated and your OurSong account will revert to a free membership account.
3.2 Notwithstanding anything to the contrary herein, we will have the right to terminate your Subscription and revert your OurSong account to a free membership account without refund if we reasonably believe that (i) your use of or activities on the OurSong platform violates the terms and conditions of the Pro TOS or any Incorporated Agreement, or (ii) we are permitted or required to do so by applicable law, or (iii) for any other reason as we deem necessary and appropriate.
4. Subscription Fee; Billing; Payment Method
Upon your purchase of a Subscription, your designated payment method will be charged an annual fee specified on the Subscription page (the “Subscription Fee”). The Subscription Fee may be paid in OSD or OUR Token at the then-current exchange rate whether pegged by us to USD or published by any major cryptocurrency exchange. We may adjust the Subscription Fee from time to time as we see fit. We will provide you as much advance notice of changes to the Subscription Fee as possible, and such Subscription Fee changes will not take effect until the Renewal Term immediately following our communication of the Subscription Fee change.
For more information on how we handle billing, your payment method, and transactions of OSD or OUR Token, please refer to the Technical Service Agreement.
