These Terms and Conditions (the "Terms") govern access to and use of the Tune54 service (the "Service"), operated by QUANTUM SpA ("QUANTUM", "we", or the "Seller"). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. About us
The Service is provided by QUANTUM SpA, a stock company organised and existing under the laws of its domicile. By contracting the Service, you contract directly with QUANTUM SpA.
2. Description of the Service
Tune54 generates personalised audio briefings based on the topics that interest you and delivers them daily to the phone you register. Content is generated automatically and may contain inaccuracies; it is provided for informational purposes only.
3. Eligibility and acceptance
By using Tune54 you represent that you are at least 18 years old (or the age of majority in your jurisdiction) and, if acting on behalf of an organisation, that you have authority to bind it to these Terms.
4. Account and credentials
You are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account. You must provide accurate information and keep it up to date.
5. Acceptable use
You may not use the Service to:
- Engage in any illegal, fraudulent, deceptive or otherwise unlawful activity, or generate content that is illegal under applicable law (including, without limitation, child sexual abuse material, content inciting violence or terrorism, or content that violates export controls or sanctions);
- Generate deepfakes, non-consensual intimate imagery, impersonations of real persons, public figures or brands, synthetic voices of identifiable individuals without their explicit consent, or any content designed to deceive third parties about its origin or authenticity;
- Send spam, unsolicited bulk communications, phishing, scams, defamatory, discriminatory, harassing, threatening or hateful content, or any content that promotes self-harm;
- Generate sexually explicit content, content involving minors in any sexual or suggestive context, or content that exploits or endangers minors;
- Generate disinformation, fake news, manipulated electoral content or health/medical misinformation that could cause harm;
- Infringe third-party intellectual property, publicity or privacy rights, or process personal data of third parties without a lawful basis;
- Interfere with the security or operation of the Service (including mass scraping, scanning, reverse engineering, malware distribution, jailbreaking attempts or evasion of technical limits);
- Generate abnormal resource consumption (automated use, API abuse, mass generation of episodes, registration of phone numbers that are not yours);
- Resell, redistribute or sublicense the Service without our consent.
We may, at our sole discretion and without prior notice, remove content, filter or reject inputs or outputs, suspend or terminate accounts, and cooperate with the competent authorities when we detect violations of this section.
5.2 No responsibility for content
Tune54 generates content automatically based on the topics, preferences and inputs you provide, and using third-party sources and AI models. To the maximum extent permitted by law:
- We are not responsible for the content generated, delivered or made available through the Service, including its accuracy, completeness, timeliness, legality or suitability for any particular purpose. You are solely responsible for how you consume, share or act upon such content.
- The duration of the episodes, the voices used and the content in general may be imprecise and may not exactly correspond to what you configured (for example, episodes may be shorter or longer than the selected duration, voices may sound different across generations, and topics may vary in depth or coverage). These variations are inherent to generative AI systems and do not constitute a defect in the Service.
5.1 Pass-through of costs caused by misuse
Tune54 incurs variable per-user costs (AI models, voice synthesis, SMS delivery, bandwidth). If your use of the Service violates these Terms or generates extraordinary costs attributable to your behaviour — including, without limitation, abuse, fraud, automated use, mass SMS sending to unauthorised numbers, or any other act that produces charges above the reasonable consumption of an individual user — we reserve the right to pass those additional costs through to you and charge you directly, in addition to suspending or terminating your account. We may charge such amounts to your registered payment method or issue a separate invoice, without prejudice to any applicable legal action.
6. Intellectual property
QUANTUM and/or its licensors retain all rights to the Service, its software, trademarks, designs, documentation and system-generated content. We grant you a limited, non-exclusive, non-transferable and revocable licence to use the Service within the plan you have subscribed to.
7. Payments, subscriptions and processing
Tune54 is offered under a recurring monthly subscription model. Payments, billing, taxes, cancellations and refunds are processed by our reseller. For the commercial terms applicable to payment, see Paddle's Checkout Buyer Terms.
8. Merchant of Record
Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. Paddle handles all customer service inquiries related to the purchase and manages returns.
9. Cancellation and refunds
You can cancel your subscription at any time from the "Subscription" section inside the app. You will keep access to the Service until the end of the billing period already paid. We offer a 14-day refund guarantee from the initial charge of your subscription; see our Refund Policy for details and applicable exceptions.
10. Service availability
We make reasonable efforts to keep the Service available, but we do not guarantee uninterrupted or error-free operation. We may modify, suspend or discontinue features at any time.
11. Suspension and termination
We may suspend or terminate your access to the Service if: (i) you materially breach these Terms; (ii) there is non-payment; (iii) we detect fraud or security risks; or (iv) you commit repeated or serious violations of our policies.
12. Warranties and limitation of liability
The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all implied warranties, including those of merchantability, fitness for a particular purpose and non-infringement.
Our aggregate liability for any claim arising from the Service is limited to the amount actually paid by you during the past twelve (12) months. We will not be liable for indirect, incidental, special, consequential damages or loss of profits. These limitations do not apply to liability for wilful misconduct, fraud, death or personal injury where the law prohibits it.
13. Indemnification
You agree to indemnify and hold harmless QUANTUM SpA from any claim arising from: (i) your use of the Service in violation of these Terms; (ii) content you upload or input; (iii) infringement of third-party rights.
14. Specific aspects regarding generative AI
Tune54 uses language and voice synthesis models to generate content. Due to the nature of these systems:
- Outputs may contain errors, omissions or inaccuracies;
- Content does not constitute professional advice (legal, financial, medical, etc.) and should not be used as a substitute;
- You are responsible for how you use the outputs and for verifying their accuracy before making decisions based on them;
- You agree not to use the Service to generate illegal content, deepfakes, impersonation, hate speech, malware or jailbreaking attempts;
- We reserve the right to filter, restrict or reject inputs or outputs, and to suspend accounts that violate these terms.
15. Changes to the Terms
We may update these Terms from time to time. If changes are material, we will notify you with reasonable advance notice. Continued use of the Service after the effective date constitutes acceptance.
16. Assignment
You may not assign these Terms without our prior written consent. We may assign them in the context of mergers, acquisitions or corporate reorganisations.
17. Force majeure
Neither party will be liable for failures caused by events beyond its reasonable control (natural disasters, service outages, governmental acts, etc.).
18. Governing law and jurisdiction
These Terms are governed by the laws of the domicile of QUANTUM SpA. Disputes will be submitted to the competent courts of that jurisdiction, unless applicable law provides otherwise.
19. Contact
For questions about these Terms, write to admin@tune54.com.