Terms of Use
Welcome to Choreographic! The following Terms of Use (“Terms”) apply when you use Choreographic (the “App”) or the service provided via the App (the “Service”), sometimes collectively referred to as the “App.”
Please review these Terms carefully. By accessing or using the App, you show you agree to these Terms. If you don’t agree to these Terms, you may not access or use the App.
1. Terms of Use
By downloading, browsing, accessing or using this Choreographic mobile application (“Mobile Application”), you agree to be bound by these Terms and Conditions of Use. We reserve the right to amend these terms and conditions at any time. If you disagree with any of these Terms and Conditions of Use, you must immediately discontinue your access to the Mobile Application and your use of the services offered on the Mobile Application. Continued use of the Mobile Application will constitute acceptance of these Terms and Conditions of Use, as may be amended from time to time.
2. Definitions
In these Terms and Conditions of Use, the following capitalised terms shall have the following meanings, except where the context otherwise requires: “Service” means using the Mobile Application to plot formations. “Users” means users of the Mobile Application, including you and “User” means any one of them.
3. General Issues About the Mobile Application and the Services
3.1 Applicability of terms and conditions: The use of any Services and/or the Mobile Application and the making of any Redemptions are subject to these Terms and Conditions of Use.
3.2 Location: If you access the Mobile Application, use the Services or make any Redemptions from locations outside Singapore, you do so on your own initiative and are responsible for the consequences and for compliance with all applicable laws.
3.3 Prevention on use: We reserve the right to prevent you using the Mobile Application and the Service (or any part of them) and to prevent you from making any Redemptions.
3.4 Equipment and Networks: The provision of the Services and the Mobile Application does not include the provision of a mobile telephone or handheld device or other necessary equipment to access the Mobile Application or the Services. To use the Mobile Application or Services, you will require Internet connectivity and appropriate telecommunication links. You acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the Mobile Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Mobile Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
3.5 Permission to use Mobile Application: If you are not the bill payer for the mobile telephone or handheld device being used to access the Mobile Application, you will be assumed to have received permission from the bill payer for using the Mobile Application.
4. License to Use Material
By submitting any audio, text or images (including photographs) (“Material”) via the Application, you represent that you are the owner of the Material, or have proper authorization from the owner of the Material to use, reproduce and distribute it. You hereby grant us a worldwide, royalty-free, non-exclusive license to use the Material to promote any products or services.
5. About the Mobile Application
5.1 The App allows users to plot their dance or drill formations to create choreographies (“User Content”) which represent a sequence of formations and the attributes added to it. Users can add music to the choreography to sync their formations with it. These choreographies can be exported as a file and shared with other users. Also, please note that the App is under constant development. New features may be added frequently, so it’s important to check back to this page for updates.
6. Your Obligations
6.1 Prohibitions in relation to usage of Services or Mobile Application: Without limitation, you undertake not to use or permit anyone else to use the Services or Mobile Application:
6.1.1 to send or receive any material which is not civil or tasteful
6.1.2 to send or receive any material which is threatening, grossly offensive, of an indecent, obscene or menacing character, blasphemous or defamatory of any person, in contempt of court or in breach of confidence, copyright, rights of personality, publicity or privacy or any other third party rights;
6.1.3 to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties); or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;
6.1.4 to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);
6.1.5 to cause annoyance, inconvenience or needless anxiety;
6.1.6 to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;
6.1.7 for a purpose other than which we have designed them or intended them to be used;
6.1.8 for any fraudulent purpose;
6.1.9 other than in conformance with accepted Internet practices and practices of any connected networks;
6.1.10 in any way which is calculated to incite hatred against any ethnic, religious or any other minority or is otherwise calculated to adversely affect any individual, group or entity; or
6.1.11 in such a way as to, or commit any act that would or does, impose an unreasonable or disproportionately large load on our infrastructure.
6.2 Prohibitions in relation to usage of Services, Mobile Application: Without limitation, you further undertake not to or permit anyone else to:
6.2.1 resell any services;
6.2.2 furnish false data including false names, addresses and contact details and fraudulently use credit/debit card numbers;
6.2.3 attempt to circumvent our security or network including to access data not intended for you, log into a server or account you are not expressly authorised to access, or probe the security of other networks (such as running a port scan);
6.2.4 execute any form of network monitoring which will intercept data not intended for you;
6.2.5 enter into fraudulent interactions or transactions with us or a Merchant (including interacting or transacting purportedly on behalf of a third party where you have no authority to bind that third party or you are pretending to be a third party);
6.2.6 extract data from or hack into the Mobile Application;
6.2.7 use the Services or Mobile Application in breach of these Terms and Conditions of Use;
6.2.8 engage in any unlawful activity in connection with the use of the Mobile Application or the Services; or
6.2.9 engage in any conduct which, in our exclusive reasonable opinion, restricts or inhibits any other customer from properly using or enjoying the Mobile Application or Services.
7. Rules About Use of the Service and the Mobile Application
7.1 We will use reasonable endeavours to correct any errors or omissions as soon as practicable after being notified of them. However, we do not guarantee that the Services or the Mobile Application will be free of faults, and we do not accept liability for any such faults, errors or omissions. In the event of any such error, fault or omission, you should report it by contacting us at choreographic.app@gmail.com
7.2 We do not warrant that your use of the Services or the Mobile Application will be uninterrupted and we do not warrant that any information (or messages) transmitted via the Services or the Mobile Application will be transmitted accurately, reliably, in a timely manner or at all. Notwithstanding that we will try to allow uninterrupted access to the Services and the Mobile Application, access to the Services and the Mobile Application may be suspended, restricted or terminated at any time.
7.3 We do not give any warranty that the Services and the Mobile Application are free from viruses or anything else which may have a harmful effect on any technology.
7.4 We reserve the right to change, modify, substitute, suspend or remove without notice any information or Services on the Mobile Application from time to time. Your access to the Mobile Application and/or the Services may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore such access as soon as we reasonably can. For the avoidance of doubt, we reserve the right to withdraw any information or Services from the Mobile Application at any time.
7.5 We reserve the right to block access to and/or to edit or remove any material which in our reasonable opinion may give rise to a breach of these Terms and Conditions of Use.
8. Suspension and Termination
8.1 If you use (or anyone other than you, with your permission uses) the Mobile Application, any Services in contravention of these Terms and Conditions of Use, we may suspend your use of the Services and/or Mobile Application.
8.2 If we suspend the Services or Mobile Application, we may refuse to restore the Services or Mobile Application for your use until we receive an assurance from you, in a form we deem acceptable, that there will be no further breach of the provisions of these Terms and Conditions of Use.
8.3 Choreographic shall fully co-operate with any law enforcement authorities or court order requesting or directing Choreographic to disclose the identity or locate anyone in breach of these Terms and Conditions of Use if we are able to.
8.4 Without limitation to anything else in this Clause 8, we shall be entitled immediately or at any time (in whole or in part) to: (a) suspend the Services and/or Mobile Application; (b) suspend your use of the Services and/or Mobile Application; and/or (c) suspend the use of the Services and/or Mobile Application for persons we believe to be connected (in whatever manner) to you, if: 8.4.1 you commit any breach of these Terms and Conditions of Use; 8.4.2 we suspect, on reasonable grounds, that you have, might or will commit a breach of these Terms and Conditions of Use; or 8.4.3 we suspect, on reasonable grounds, that you may have committed or be committing any fraud against us or any person.
8.5 Our rights under this Clause 8 shall not prejudice any other right or remedy we may have in respect of any breach or any rights, obligations or liabilities accrued prior to termination.
9. Disclaimer and Exclusion of Liability
9.1 The Mobile Application, the Services, the information on the Mobile Application and use of all related facilities are provided on an “as is, as available” basis without any warranties whether express or implied.
9.2 To the fullest extent permitted by applicable law, we disclaim all representations and warranties relating to the Mobile Application and its contents, including in relation to any inaccuracies or omissions in the Mobile Application, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement or implied warranties from course of dealing or usage of trade.
9.3 We do not warrant that the Mobile Application will always be accessible, uninterrupted, timely, secure, error free or free from computer virus or other invasive or damaging code or that the Mobile Application will not be affected by any acts of God or other force majeure events, including inability to obtain or shortage of necessary materials, equipment facilities, power or telecommunications, lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.
9.4 While we may use reasonable efforts to include accurate and up-to-date information on the Mobile Application, we make no warranties or representations as to its accuracy, timeliness or completeness.
9.5 We shall not be liable for any acts or omissions of any third parties howsoever caused, and for any direct, indirect, incidental, special, consequential or punitive damages, howsoever caused, resulting from or in connection with the mobile application and the services offered in the mobile application, your access to, use of or inability to use the mobile application or the services offered in the mobile application, reliance on or downloading from the mobile application and/or services, or any delays, inaccuracies in the information or in its transmission including but not limited to damages for loss of business or profits, use, data or other intangible, even if we have been advised of the possibility of such damages.
9.6 We shall not be liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof, for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you in connection with the Mobile Application and these Terms and Conditions of Use.
For the purposes of these Terms and Conditions of Use, indirect or consequential loss or damage includes, without limitation, loss of revenue, profits, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.
9.7 The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer that cannot be excluded or limited are affected.
9.8 Notwithstanding our efforts to ensure that our system is secure, you acknowledge that all electronic data transfers are potentially susceptible to interception by others. We cannot, and do not, warrant that data transfers pursuant to the Mobile Application, or electronic mail transmitted to and from us, will not be monitored or read by others.
10. Indemnity
You agree to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us which is caused by or arising out of (a) your use of the Services, (b) your breach of any of these Terms and Conditions of Use, and to pay us damages, costs and interest in connection with such claim, action, suit or proceeding.
11. Intellectual Property Rights
11.1 All editorial content, information, photographs, illustrations, artwork and other graphic materials, and names, logos and trade marks on the Mobile Application are protected by copyright laws and/or other laws and/or international treaties, and belong to us and/or our suppliers, as the case may be. These works, logos, graphics, sounds or images may not be copied, reproduced, retransmitted, distributed, disseminated, sold, published, broadcasted or circulated whether in whole or in part, unless expressly permitted by us and/or our suppliers, as the case may be.
11.2 Nothing contained on the Mobile Application should be construed as granting by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the Mobile Application without our written permission. Misuse of any trademarks or any other content displayed on the Mobile Application is prohibited.
11.3 We will not hesitate to take legal action against any unauthorised usage of our trade marks, name or symbols to preserve and protect its rights in the matter. All rights not expressly granted herein are reserved. Other product and company names mentioned herein may also be the trade marks of their respective owners.
12. Amendments
12.1 We may periodically make changes to the contents of the Mobile Application, including to the descriptions and prices of goods and services advertised, at any time and without notice. We assume no liability or responsibility for any errors or omissions in the content of the Mobile Application.
12.2 We reserve the right to amend these Terms and Conditions of Use from time to time without notice. The revised Terms and Conditions of Use will be posted on the Mobile Application and shall take effect from the date of such posting. You are advised to review these terms and conditions periodically as they are binding upon you.
13. Applicable Law and Jurisdiction
13.1 The Mobile Application can be accessed from all countries around the world where the local technology permits. As each of these places have differing laws, by accessing the Mobile Application both you and we agree that the laws of the Republic of Singapore, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Mobile Application.
13.2 You accept and agree that both you and we shall submit to the exclusive jurisdiction of the courts of the Republic of Singapore in respect of any dispute arising out of and/or in connection with these Terms and Conditions of Use.
14. Paid Services
You may be able to make in-App purchases, in which case the fee is collected via Apple (for iOS). We may also offer subscriptions, which can also be paid for via Apple.
You will be required to provide Choreographic and/or its Billing Service Providers with information regarding your credit card or other payment method. You represent and warrant that such information is true and that you are authorized to use the payment method. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date). You hereby authorize Choreographic to bill you in accordance with the terms of your subscription plan until you terminate your account, and you agree to pay any charges so incurred. If you dispute any charges you must notify Choreographic within thirty (30) days after the date that you are billed. You can terminate your use of the Service and otherwise manage your account using the options provided by the iTunes or Apple Store. We reserve the right to change Choreographic’s fees. If Choreographic does change its fees, Choreographic will provide notice of the change within the App. Your continued use of the App after the fee change becomes effective constitutes your agreement to pay the changed amount. Certain subscription offerings may include a free trial prior to charging your payment method. If you decide to unsubscribe from such a subscription before Choreographic starts charging your payment method, you must cancel the subscription before the free trial ends. Otherwise, you will be responsible for payment for the full term of the subscription period. If you properly terminate your paid subscription, you will not be charged for future months (or other periods, as stated in the subscription terms). However, you will not receive a refund for an unused portion of a month (or other period) for which you have already paid. No refunds are offered for any products or services offered via the App. You acknowledge that if you elect to purchase a subscription your subscription is subject to automatic renewals and you hereby consent to accept responsibility for all recurring charges to your applicable payment based on this automatic renewal feature without further authorisation from you and without further notice except as required by Singaporean Law. You further acknowledge the the amount of the recurring charge may change if applicable tax rates change or if the fees have been increased.
15. Content & Restrictions
Your User Content belongs to you. By publicly sharing any User Content, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Choreographic a royalty-free, sub-licensable, transferable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly display, and make derivative works of User Content that you process via the App, without any further consent, notice and/or compensation to you or others. Other users may access and share your User Content if you share it via, for example, social media platforms such as Instagram. If you wish to remove your User Content from the App, simply delete it from the App, or delete the App from your device. You are solely responsible for the User Content that you make available via the App or otherwise. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. By transmitting and submitting any User Content while using the App, you agree as follows: You are solely responsible for the activity that occurs while using the App; You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the App is solely your responsibility. Choreographic is not responsible for any public display or misuse of your User Content. Choreographic does not, and cannot, pre-screen or monitor all User Content.
If you have questions about our Terms of Use, please contact us at help@choreographic.app
Effective as of Feb 10, 2022
16. Consent to Share Consumption Data with Apple:
By using our app and making in-app purchases, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple, as part of our efforts to resolve refund requests. This information may include details about how you have accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. We ensure that such data sharing is done in compliance with Apple's policies and only as necessary to process your requests.