These Terms of Service (“Terms”) govern your access to and use of Tambr—the mobile applications, websites, and related services (collectively, the “Services”) provided by Prysm Creative Inc. (“we,” “us,” or “our”). By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Our Privacy Policy explains how we collect and use personal information. It is incorporated into these Terms by reference.
1. Eligibility
You must be able to form a binding contract in your jurisdiction and meet any minimum age required in your region (including at least 13 years old in the United States, or older where a higher age applies). If you use the Services on behalf of an organization, you represent that you have authority to bind that organization.
2. Accounts
You may need an account to use certain features. You agree to provide accurate information, keep your credentials secure, and notify us promptly of unauthorized use. We may suspend or terminate accounts that violate these Terms or present security risk.
3. License to use the Services
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for your personal, non-commercial use (unless we agree otherwise in writing). You may not copy, modify, distribute, sell, or lease any part of the Services except as permitted by law or with our express permission.
4. Acceptable use
You agree not to:
- Use the Services in violation of law or third-party rights;
- Upload, generate, or distribute content that is illegal, infringing, harassing, hateful, or that exploits minors;
- Attempt to probe, scan, or test the vulnerability of our systems, or bypass security or usage limits;
- Reverse engineer or decompile the Services except where applicable law prohibits this restriction;
- Use automated means to access the Services in a way that imposes an unreasonable load or circumvents technical measures;
- Resell or sublicense the Services without authorization.
5. Your content
You retain rights to content you submit (for example, documents or text you upload). You grant us and our service providers a worldwide license to host, process, transmit, display, and create derivative works (such as audio output) as needed to operate, improve, and secure the Services. You represent that you have the rights necessary to submit your content and that doing so does not violate these Terms or any law.
6. Subscriptions and fees
Paid plans and trials for Tambr may be offered by Prysm Creative Inc. through third-party platforms such as the Apple App Store. Payments, renewals, cancellations, and refunds are handled according to the applicable store’s terms and policies. Pricing and features may change with reasonable notice where required. If you delete your account, you remain responsible for managing subscriptions through your platform account.
7. Intellectual property
The Services, including software, branding, and materials we provide, are owned by Prysm Creative Inc. or our licensors and are protected by intellectual property laws. Except for the limited license above, no rights are granted to you.
8. Third-party services
The Services may integrate with or link to third-party services. Those services are governed by their own terms and policies. We are not responsible for third-party services.
9. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT AUDIO OR TEXT PROCESSING WILL BE ACCURATE OR SUITABLE FOR ANY PARTICULAR PURPOSE.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES, OFFICERS, EMPLOYEES, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US$100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATION TO US.
Some jurisdictions do not allow certain limitations; in those jurisdictions, our liability is limited to the fullest extent permitted by law.
11. Indemnity
You will defend, indemnify, and hold harmless Prysm Creative Inc., Tambr, and our affiliates, officers, and employees from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your content, your use of the Services, or your violation of these Terms or applicable law.
12. Termination
You may stop using the Services at any time. We may suspend or terminate access to the Services if we reasonably believe you have violated these Terms or need to do so to comply with law or protect users. Provisions that by their nature should survive (including intellectual property, disclaimers, limitation of liability, indemnity, and governing law) will survive termination.
13. Changes
We may modify these Terms from time to time. We will post the updated Terms on this page and update the “Last updated” date. If a change is material, we will provide additional notice as appropriate (for example, in the app or by email). Your continued use of the Services after changes become effective constitutes acceptance of the revised Terms.
14. Governing law
These Terms are governed by the laws of the State of California, United States, excluding conflict-of-law rules. You agree that the state and federal courts located in California will have exclusive jurisdiction for disputes arising from these Terms or the Services, subject to any rights you may have under mandatory local law.
15. Contact
For questions about these Terms, contact us at czhu0205@gmail.com.