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, solely for your personal, non-commercial use, or internal business purposes, as applicable to your subscription.

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. Each individual user typically requires their own account and subscription.
• Use automated scripts, bots, or other means to artificially generate completions, systematically extract data from the App, or exploit subscription 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 and payment terms

• Subscription model: The App operates on a monthly subscription basis. Fees, features, and limits for different subscription tiers are outlined on our website's pricing page or during the sign-up process, and are incorporated by reference into these Terms. "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. 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 or at the end of the trial period. Beyond this limit, or for access to features not included in the trial, a paid subscription is required. The Company reserves the right to modify or discontinue the free trial offer at any time.
• 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 the description of your chosen plan. Token and feature allowances are typically renewed on a monthly basis upon successful payment. Unused allowances from one billing cycle do not roll over to the next unless explicitly stated in your plan.
• Fair use policy: While subscriptions allow for a defined number of tokens or completions, excessive or abusive usage that strains our systems or negatively impacts service quality for other users may result in temporary restrictions, a request to upgrade your plan, or account review, even if within numerical limits.
• Payment processor: Payments are processed through Stripe or another third-party payment processor as indicated during sign-up, under their respective terms and privacy policies. You agree to provide accurate and current payment information.
• Billing cycle and renewals: Subscriptions are billed in advance on a recurring monthly basis. Your subscription will automatically renew each month unless you cancel it prior to the renewal date as described in Section 14 (Termination of Service).
• Price changes: We reserve the right to change our subscription fees. We will provide you with reasonable prior notice of any price changes, typically via email, giving you an opportunity to cancel your subscription before the changes take effect.
• No refunds: All payments are final and non-refundable, except as may be required by applicable law or as otherwise explicitly stated in these Terms.

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. These Terms do not grant you any rights to our trademarks or other intellectual property except for the limited license to use the App as described in Section 2.
• User feedback: We welcome feedback, comments, and suggestions for improvements to the App (“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, create derivative works based on, and otherwise exploit the Feedback for any purpose without any obligation or 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, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your breach of these Terms;
• Your use of the App, including your User Content and any Outputs you generate or rely upon; or
• Your violation of any applicable law or the rights of any third party.

10. Dispute resolution

• Informal resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against the Company, you agree to try to resolve the dispute informally by contacting us at support@mightycursor.com. We'll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty (60) days of submission, you or the Company may bring a formal proceeding.
• Governing Law and Jurisdiction: These Terms and any disputes arising from or related to them or the App shall be governed by and construed in accordance with the laws of the Republic of Singapore, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction of the courts of Singapore to resolve any legal matter arising from the Terms.

11. Beta services

The App, or certain features within it, may be offered as "beta," "pilot," "preview," or similar designations (“Beta Services”). These Beta Services are provided for testing and evaluation purposes only and may not be as reliable or complete as other parts of the App. They may contain bugs, errors, or inaccuracies. Your use of Beta Services is at your own risk, indicates your agreement to provide feedback upon request, and acknowledges their limitations. We may discontinue Beta Services at any time in our sole discretion and may never make them generally available.

12. Third-party services

The App integrates with or utilizes third-party services, including but not limited to language models (LLMs) provided by companies such as OpenAI. While we strive to ensure these integrations function as intended, Mighty Cursor Pte Ltd is not responsible for the availability, accuracy, reliability, or suitability of these third-party services or the outputs generated by them. Your use of such third-party services may be subject to their own terms and policies. Any issues arising from such outputs or services should, where applicable, be directed to the respective third-party service provider.

13. Limitation of liability

• No liability for certain damages: To the maximum extent permitted by applicable law, in no event shall Mighty Cursor Pte Ltd, its affiliates, directors, employees, or licensors be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the App.
• Accuracy disclaimer: The App utilizes artificial intelligence, and its responses or Outputs are generated based on complex algorithms and vast datasets. While we strive for accuracy, we do not guarantee that any Outputs from the App will be accurate, complete, reliable, or suitable for any particular purpose. You acknowledge that you use any Outputs from the App at your own risk and should exercise your own judgment and verify information before relying on it, especially for important matters.
• “As-is” basis: The App is provided “as-is” and “as available,” without warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components.
• Maximum liability: To the maximum extent permitted by law, our total liability to you for all claims arising out of or relating to these Terms or your use of the App, whether in contract, tort, or otherwise, 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: You may terminate your subscription at any time by canceling it through your Stripe dashboard (or other designated method as communicated by us). If you cancel your monthly subscription, your access to the paid features of the App will continue until the end of your current paid monthly billing cycle, or until your allocated tokens for that cycle (e.g., 2,000,000 tokens for paid users) are consumed, whichever occurs first. No refunds or credits will be provided for any partial subscription periods. Uninstalling the App does not automatically cancel your subscription.
• By the company: We may suspend or terminate your access to the App and your account, in whole or in part, at our sole discretion, immediately and without prior notice or liability, for any reason or no reason, including but not limited to: (a) your breach of these Terms; (b) non-payment of fees owed; (c) if required by law; or (d) for misuse of the App or conduct we deem harmful to other users or our business interests.
• Inactive accounts: Accounts with unpaid subscriptions will become inactive, and access to the App will be restricted or suspended.
• Effect of termination: Upon termination, your right to use the App will immediately cease. Provisions of these Terms that by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

15. Modifications

• Modifications to Terms: We may update or modify these Terms from time to time to reflect changes in our services, legal requirements, or for other reasons. If we make material changes, we will notify you by email sent to the address associated with your account or by posting a notice within the App, at least thirty (30) days before the changes take effect. Your continued use of the App after the effective date of the revised Terms constitutes your acceptance of the changes. You are encouraged to review these Terms periodically.
• Modifications to the App/Service: We reserve the right to modify, enhance, suspend, or discontinue the App, or any features or functionalities thereof, temporarily or permanently, at our sole discretion, with or without notice. We will endeavor to provide reasonable notice of material changes or discontinuations where feasible. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the App or its services.

16. Notices

• To You: We may provide any notices to you under these Terms by: (i) sending an email message to the email address listed in your account profile; or (ii) by posting a notice on or through the App. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. You are responsible for keeping your email address current. As a small company, we will primarily use electronic communications.
• To Us: To give us notice under these Terms, you must contact us by email at . Notices will be deemed given upon our receipt of your email.

17. Force Majeure

Neither party shall be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond such party’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes.

18. Assignment

• By Company: We may assign or transfer our rights and obligations under these Terms, in whole or in part, to any third party at our discretion, including in connection with a merger, acquisition, sale of assets, or by operation of law, without your consent.
• By User: You may not assign or transfer any of your rights or obligations under these Terms, whether by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void.

19. Miscellaneous

• Severability: If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
• Entire Agreement: These Terms, together with our Privacy Policy and any other agreements or terms expressly incorporated by reference (such as details on a pricing page for subscription specifics), constitute the entire agreement between you and Mighty Cursor Pte Ltd regarding your use of the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
• Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Mighty Cursor Pte Ltd.
• Headings: The section headings in these Terms are for convenience only and do not have any legal or contractual effect.
• Governing Language: These Terms are prepared and written in English. To the extent that any translated version conflicts with the English version, the English version controls.

20. Contact

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

‍