PLEASE READ CAREFULLY

This page contains very important information regarding your rights, obligations, conditions, limitations, and exclusions. By placing an order for services from Apolone, you agree to these terms and conditions.

Eligibility to Order Services

You may not order services from this website if you:

1. Do not agree to these terms, Privacy policy or Marketing Statement.

2. Are not at least 18 years of age or the legal age to form a binding contract.

3. Are prohibited from accessing this website or using its contents, goods, or services by applicable law.

1. Applicability

These terms and conditions (these “Terms”) are the only terms governing the provision of services by RAPCULT LLC

(“Service Provider”) to you (“Customer”). This includes both paid and unpaid services. The agreement between the parties consists of:

1. The information provided in your Order.

2. These Terms.

This agreement supersedes all prior or contemporaneous understandings, agreements, negotiations, representations, warranties, and communications. In the event of any conflict between these Terms and the Order, these Terms shall prevail.

2. Orders and Acceptance

Service Provider shall provide services as described in your Order (“Services”). An Order is an offer to buy, under these Terms, all services listed in the Customer’s order. Service Provider reserves the right to accept or decline any Order at its sole discretion. The contract is formed only when Service Provider sends a confirmation email.

3. Prices and Payment Terms

All prices posted on the Site are subject to change without notice. The price charged for a service will be the price effective at the time the Order is placed and will be confirmed in the Order confirmation email.

Payment Terms:

1. Payment must be received before Service Provider accepts the Order.

2. The Customer warrants that credit card information provided is true, correct, and complete.

4. Performance Dates

Service Provider will make reasonable efforts to meet any specified performance dates, but these are only estimates.

5. Customer Obligations

The Customer shall:

1. Cooperate fully with the Service Provider.

2. Provide prompt responses to requests for information.

3. Provide accurate materials as requested.

4. Ensure all necessary licenses and compliance are in place.

6. Intellectual Property

Definitions:

1. “Intellectual Property Rights”includes copyrights, patents, trademarks, trade secrets, and more.

2. “Customer Intellectual Property Rights”are those owned by the Customer.

3. “Service Provider’s Intellectual Property Rights”include those owned by the Service Provider prior to, or independent from, the performance of Services.

Licenses and Ownership:

The Customer grants the Service Provider a limited, non-transferable license during the Service Term to use any of the Customer’s Intellectual Property solely for the purpose of delivering Services under a particular Order.

The Service Provider retains ownership of its Intellectual Property Rights in all work products delivered to the Customer.

7. Indemnification

The Customer agrees to indemnify and hold the Service Provider harmless from any losses resulting from third-party claims related to a breach of third-party Intellectual Property Rights.

8. Confidential Information

All non-public, confidential, or proprietary information disclosed by the Service Provider is confidential and shall not be shared by the Customer without written consent.

9. Cancelation and Refund Policy

Initiation of Cancellation: Customers wishing to cancel their service subscription must do so through the dedicated Cancellation and Billing Management Portal (CBMP) available on our website or provided upon request via email. This portal is the only authorized method for securely and verifiably initiating cancellation requests.

Timing of Cancellation: Cancellations must be initiated prior to the next billing cycle to avoid charges for the subsequent period. Cancellation requests will take effect at the end of the current billing cycle, reflecting the Service Provider’s need to cover costs already incurred.

Refunds: Refunds are not provided for services canceled mid-cycle as payments cover expenditures already incurred by the Service Provider in the provision of services for the current billing period. However, customers will not incur any charges beyond the current billing period once a cancellation request is successfully processed.

Failure to Cooperate: If the Service Provider is unable to deliver the services due to the customer’s failure to cooperate, such as not providing necessary information required to start the service provision, this will not be considered a failure of service delivery by the Service Provider. Consequently, such circumstances do not constitute a valid reason for a refund.

Notice Requirement: Customers are encouraged to submit cancellation requests well in advance - at least 1 hour before the next billing cycle to ensure seamless processing. Requests must be made via the CMBP to ensure accuracy and security of the transaction.

30-Day Money Back Guarantee: Apolone offers a 30-Day Money Back Guarantee which entitles customers to request a refund if the services do not meet the specific performance criteria outlined at the time of purchase. This guarantee is applicable under the following conditions: if Apolone fails to reach the promised number of listeners, fails to place your content in a playlist, or fails to deliver services within the agreed timeframe. We emphasize the importance of meeting our commitments and delivering on time. To qualify for a refund, customers are required to file a Request for Refund and provide documented proof that the specified performance metrics were not met within 30 calendar days from the date of purchase. Customers must also confirm that all information necessary for the provision of services was accurately provided at the time of purchase. Upon verification of the claim, if it is determined that the services did not meet the promised criteria, the refund will be processed promptly back to the original method of payment unless otherwise specified by the customer. This guarantee is limited to services that explicitly mention eligibility for the 30-Day Money Back Guarantee at the time of purchase and is applicable only to failures directly attributable to Apolone’s service delivery, not due to external factors or customer error.

10. Trial Terms

Free Trial Period: Customers are eligible for a trial period during which they can use selected service packages free of charge. The specific duration of the trial is defined during the checkout process when the product is selected.

Payment Authorization: To activate a trial, customers must process and check out the product using a valid payment method. This ensures that post-trial transitions into paid subscriptions can occur without interruption, provided the payment method is authorized and valid.

Automatic Transition to Paid Service: Following the expiration of the trial period, customers agree that they will be automatically charged the amount displayed during the checkout process for the continued provision of services. This amount reflects the standard pricing of the product without trial discounts.

Failure of Payment: If the charge is unsuccessful for any reason, the provided services will be immediately interrupted. Customers will be notified of the payment failure and may be given instructions on how to update their payment details to resume service.

Trial Cancellation: Customers may cancel their trial at any time; however, cancellation must adhere to the general cancellation policy outlined in section 9. Trial cancellation requests must be processed through the dedicated cancellation and billing management portal.

Immediate Service Interruption Upon Cancellation: Cancellation of a trial results in the immediate interruption of the provided services. Unlike paid subscriptions where services may continue until the end of the billing period, trial services are terminated immediately upon cancellation because these services have not been prepaid.

No Refunds for Trials: Trial users who have not transitioned to a paying customer status are not eligible for refunds or reimbursements. This is due to the non-paying nature of the trial period.

11. No Affiliation with Streaming Services

The Service Provider is not affiliated with any streaming services (Spotify, Apple Music, etc.) and does not claim any official association with them.

12. Disclaimer of Warranties

Except as specifically set forth in an Order, the Service Provider makes no warranties whatsoever regarding the services, whether express or implied.

13. Limitation of Liability

The Service Provider shall not be liable for any consequential, incidental, indirect, or exemplary damages. The maximum liability shall not exceed the amounts paid under the applicable agreement.

14. Termination

The Service Provider may terminate this Agreement immediately if:

1. The Customer causes a chargeback for any payment.

2. The Customer breaches any Terms.

3. The Customer becomes insolvent.

15. Governing Law and Jurisdiction

This Agreement is governed by the internal laws of the State of California. Any legal actions shall be brought in the state or federal courts located in California.

16. Relationship of the Parties

The relationship is one of independent contractors. Nothing in this Agreement creates any partnership, joint venture, or other employment relationships between the parties.

17. Notices

All communications under this Agreement shall be delivered by email as specified in the Order.

18. Severability

If any term is found invalid, the remaining terms remain in effect.

19. Survival

Provisions that naturally extend beyond the Term of this Agreement shall survive.