Terms of service

Welcome to Mighty Cursor! These terms of service ("Terms") govern your use of the voice-responsive AI-powered application, Mighty Cursor ("MC" or "the App"), provided by Mighty Cursor Pte Ltd ("Company," "we," "us," or "our").

By accessing or using the App, you agree to be bound by these Terms and our Privacy Policy (which is incorporated by reference into these Terms). If you do not agree to these Terms, you may not use the App.

1. Eligibility

• Age requirement: You must be at least 13 years old to use the App if you reside in Singapore or the United States, or otherwise the minimum digital consent age in your jurisdiction. If you are under 18, or the age of majority in your jurisdiction, you represent that you have the consent of a parent or legal guardian to use the App and to agree to these Terms.
• Platform requirements: The App is available for macOS devices running on Apple Silicon processors. You are responsible for ensuring your device meets these requirements.
• User responsibility for systems: You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the App, including, without limitation, modems, hardware, software, operating systems, networking, web servers, and internet service. The Company is not responsible for any failures or delays in the App's performance due to your equipment, software, or internet connection.

2. License to use the App

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on a compatible device that you own or control. The scope of your use is determined by the service model you select, as detailed in Section 7.

3. Your account

• Account creation: To use the App, you must create an account by providing accurate and complete information, including your name, email address, and password.
• Account security: You are responsible for safeguarding your account credentials and for all activities that occur under your account. Notify us immediately at support@mightycursor.com of any unauthorized access to or use of your account.
• Prohibited activities: You may not share your account credentials (except as expressly permitted by your subscription type, if applicable) or use another user's account without permission. Each user must have their own account.

4. Your data and privacy rights

We are committed to protecting your privacy. Please refer to our Privacy Policy for detailed information on how we collect, use, and protect your personal data.

We process your data in Singapore. For U.K. and EU users, we ensure adequate safeguards for cross-border data transfers, such as Standard Contractual Clauses (SCCs).

5. User content

• Your content: Any queries, voice inputs, or other data you provide to the App ("Inputs"), as well as the outputs, responses, or completions generated by the App based on your Inputs ("Outputs"), collectively "User Content," belong solely to you. Mighty Cursor does not claim ownership of your User Content.
• License for services: By using the App, you grant us a limited, non-exclusive, royalty-free, worldwide license to access, use, process, reproduce, and display your User Content solely for the purposes of operating, delivering, maintaining, and improving the App and its underlying technologies, and providing support to you.
• Data usage settings: Mighty Cursor does not use your User Content to train third-party AI models. User data is stored and processed in compliance with applicable privacy laws and our Privacy Policy.

6. Prohibited conduct

You agree not to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the App or its APIs.
• Modify, translate, or create derivative works based on the App.
• Circumvent security measures, access non-public areas of the App, overload the system, or disrupt the services or any user, host, or network.
• Share a single user account among multiple individuals or organizations unless your specific subscription plan expressly permits this.
• Use automated scripts, bots, or other means to artificially generate completions, systematically extract data from the App, or exploit service limits.
• Use the App for any unlawful, fraudulent, or harmful activities, or in connection with content that infringes intellectual property rights, privacy rights, or is defamatory, obscene, or otherwise objectionable.
• Use Outputs from the App to develop, train, or improve any other AI or machine learning systems, or any competing services.

Mighty Cursor reserves the right to monitor account activity, including usage patterns and IP addresses, to identify and address potential abuse. Violations of these Terms may result in immediate termination of your account and potential legal action.

7. Pricing, Payments, and Service Models

The App is offered through two distinct models: recurring Subscription Plans and a one-time purchase Mighty Cursor Lifetime License.

7.1. Subscription Plans

• Subscription Model: This model operates on a monthly subscription basis. Fees, features, and limits for different subscription tiers are outlined on our website's pricing page. "Tokens" are units of measure for processing queries and generating content within the App; specific token allocations are detailed in your chosen subscription plan.
• Free Trial: New users may access a free trial of the App's subscription service. The free trial is limited to a total of 500,000 tokens and does not include image generation capabilities. Unused tokens from the free trial period are not carried over if you upgrade to a paid subscription.
• Paid Subscriptions: Paid subscriptions provide access to a higher number of tokens (e.g., 2,000,000 tokens per month) and additional features, such as image generations (e.g., 25 image generations per month), as specified in your plan. Unused allowances from one billing cycle do not roll over to the next unless explicitly stated.
• Fair Use Policy: While subscriptions allow for a defined number of tokens, excessive or abusive usage that strains our systems may result in temporary restrictions, a request to upgrade your plan, or account review.
• Payment Processor: Payments are processed through Stripe or another third-party payment processor, under their respective terms and privacy policies.
• Billing Cycle and Renewals: Subscriptions are billed in advance on a recurring monthly basis and will automatically renew each month unless you cancel prior to the renewal date.
• Price Changes: We reserve the right to change subscription fees. We will provide reasonable prior notice of any price changes.

7.2. Mighty Cursor Lifetime License (Bring Your Own Key)

• One-Time Payment: This license is available for a single, non-recurring fee, granting you a license to use the App for the lifetime of the product.
• Trial Period: You may be offered a trial period to evaluate the Lifetime License version of the App before purchase. The features and duration of this trial will be specified at the time of download.
• Updates: The one-time purchase includes one (1) year of free software updates. After this initial period, you may need to purchase an additional support and update package to receive further updates.
• Bring Your Own Key (BYOK) Model: This license requires you to provide your own API keys from third-party AI Providers (e.g., Google, Anthropic, OpenAI), Search Providers (e.g., Google, Tavily, Brave), and Speech Providers (e.g., ElevenLabs).
• User Responsibility for API Costs: You are solely responsible for all costs, usage limits, and fees associated with your use of third-party API keys. Mighty Cursor does not provide any tokens, credits, or usage allowances for these services. Your usage is governed by your direct agreements with the respective third-party providers.
• Feature Availability: Certain features available in the subscription plans may not be immediately available or may differ in the Lifetime License version of the App. For example, features like image creation may be marked as "Coming Soon" and will be enabled in a future update.

7.3. Refund Policy

• Subscriptions: All payments for subscriptions are final and non-refundable, except as may be required by applicable law.
• Lifetime License: The one-time payment for the Lifetime License is final and non-refundable, except as may be required by applicable law.

8. Intellectual property

• Ownership: All intellectual property rights in the App, including its software, design, features, trademarks, and documentation, are owned by or licensed to Mighty Cursor Pte Ltd.
• User Feedback: We welcome feedback. By submitting Feedback, you grant us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license to use, copy, modify, and otherwise exploit the Feedback for any purpose without compensation to you.

9. Indemnification

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Mighty Cursor Pte Ltd and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, and costs arising from or relating to: (a) your breach of these Terms; (b) your use of the App, including your User Content and any Outputs; or (c) your violation of any applicable law or the rights of any third party.

10. Dispute resolution

• Informal Resolution: Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@mightycursor.com. We'll try to resolve the dispute by contacting you via email. If a dispute is not resolved within sixty (60) days, you or the Company may bring a formal proceeding.
• Governing Law and Jurisdiction: These Terms are governed by the laws of the Republic of Singapore. You agree to submit to the exclusive jurisdiction of the courts of Singapore.

11. Beta services

The App, or certain features, may be offered as "Beta Services." These are for testing purposes only and may contain bugs or errors. Your use of Beta Services is at your own risk. We may discontinue Beta Services at any time.

12. Third-party services

• For Subscription Plans: The App integrates with third-party services, including language models (LLMs). We are not responsible for the availability, accuracy, or reliability of these third-party services or their outputs.
• For Lifetime License (BYOK) Users: When you use your own API keys, you are entering into a direct relationship with the third-party providers. You are solely responsible for complying with their terms of service and for all charges incurred. Mighty Cursor is not a party to your agreement with these providers and disclaims all liability related to their services.

13. Limitation of liability

• No Liability for Certain Damages: In no event shall Mighty Cursor Pte Ltd be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages arising out of or relating to the use of, or inability to use, the App.
• Accuracy Disclaimer: The App utilizes artificial intelligence. We do not guarantee that any Outputs will be accurate, complete, or reliable. You use any Outputs at your own risk and should verify information before relying on it.
• "As-is" Basis: The App is provided "as-is" and "as available," without warranties of any kind.
• Maximum Liability: Our total liability to you for all claims arising out of these Terms or your use of the App shall not exceed the total amount of fees paid by you to us for the App during the three (3) months immediately preceding the event giving rise to the claim.

14. Termination of service

• By Users:

• Subscriptions: You may terminate your subscription at any time by canceling it through your Stripe dashboard. Your access to paid features will continue until the end of your current paid monthly billing cycle or until your allocated tokens are consumed, whichever occurs first. Uninstalling the App does not cancel your subscription.
• Lifetime License: Your license is perpetual. You may cease using the App at any time by uninstalling it. The one-time fee is non-refundable.

• By the Company: We may suspend or terminate your access to the App and your account at our sole discretion, immediately and without notice, for reasons including but not limited to: (a) your breach of these Terms; (b) non-payment of fees; (c) if required by law; or (d) for misuse of the App.
• Effect of Termination: Upon termination, your right to use the App will immediately cease. Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnity, and limitations of liability.

15. Modifications

• To Terms: We may update these Terms from time to time. If we make material changes, we will notify you by email or an in-app notice at least thirty (30) days before the changes take effect. Your continued use of the App after the effective date constitutes your acceptance of the changes.
• To the App/Service: We reserve the right to modify, suspend, or discontinue the App or any of its features at our sole discretion, with or without notice.

16. Notices

• To You: We may provide notices by email to the address in your account profile or by posting a notice in the App.
• To Us: To give us notice, you must contact us by email at support@mightycursor.com.

17. Force Majeure

Neither party shall be liable for any failure to perform its obligations where such failure results from any cause beyond its reasonable control, including acts of God, war, terrorism, riots, or electronic or communications failure.

18. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

19. Miscellaneous

• Severability: If any provision of these Terms is found to be unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect.
• Entire Agreement: These Terms, our Privacy Policy, and any other agreements expressly incorporated by reference constitute the entire agreement between you and Mighty Cursor Pte Ltd.
• Waiver: Our failure to enforce any right or provision will not be considered a waiver of those rights.
• Governing Language: These Terms are written in English. The English version controls over any translated version.

20. Contact

If you have any questions about these Terms, please contact us at: support@mightycursor.com.

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