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Terms of Service

Last Updated: February 9, 2026

1. PREAMBLE & ACCEPTANCE OF TERMS

This Master Terms of Service Agreement ("Agreement") constitutes a legally binding contract between Fine Entertainment | 凡音文化有限公司 ("Onyx," "we," "us," "our") and you ("User," "Client," "you").

By accessing the Onyx Platform, using our API, or purchasing any "Digital Goods License" (including but not limited to Tier 1, Tier 2, and Tier 3 services), you expressly acknowledge that you have read, understood, and agree to be bound by these terms.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE.

2. NATURE OF SERVICE: SPOT TRANSACTION MODEL

To comply with banking and financial regulations, Onyx operates strictly as a digital goods retailer, not a financial institution.

  • 2.1 Spot Transaction Only: All purchases are "Spot Transactions" (immediate exchange of cash for digital goods).
  • 2.2 No Stored Value: We do not offer, maintain, or support any form of "Digital Wallet," "Credits," "Tokens," or stored value accounts.
  • 2.3 Immediate Fulfillment: Our contractual obligation is deemed fully satisfied at the precise moment the digital audio file is generated and made available for download via our servers.

3. INTELLECTUAL PROPERTY & LICENSE GRANTS

Onyx remains the sole owner of all underlying technology, source code, and proprietary voice models. Upon full payment, we grant you a license based on your purchase tier:

3.1 Tier 1 & Tier 2: Standard Commercial License

  • Grant: A non-exclusive, perpetual, worldwide, non-transferable right to use the generated audio.
  • Permitted Uses: Social Media Content (YouTube, TikTok, Instagram, Facebook), Corporate Internal Training, E-Learning Modules, Podcasts, Audiobooks, and personal projects.
  • Strict Prohibitions: You generally MAY NOT use Tier 1 or Tier 2 audio for:
    1. Television Broadcasts (Terrestrial, Cable, or Satellite).
    2. Radio Broadcasts (AM/FM/Digital).
    3. Theatrical/Cinema Advertising.
    4. Paid OTT Streaming Advertisements (e.g., Netflix, Disney+, Hulu Pre-rolls).

3.2 Tier 3: Broadcast & Enterprise License

  • Grant: Includes all rights in the Standard License PLUS rights for Television, Radio, Cinema, and global advertising campaigns.
  • Requirement: Users intending to use audio for mass media broadcast must purchase the Tier 3 license. Failure to do so constitutes a material breach of this Agreement and copyright infringement.

4. PAYMENT, TAXES, AND REFUND POLICY

  • 4.1 Payment Processing: Payments are processed securely via TapPay (Cherri Tech, Inc.) and acquired by Cathay United Bank. Onyx does not store full credit card details.
  • 4.2 NO REFUNDS (DIGITAL GOODS EXCEPTION):
    • Acknowledgement: You acknowledge that the Service provides immediate access to digital content.
    • Waiver: Pursuant to the Consumer Protection Act of Taiwan (R.O.C.), specifically the "Exceptions to the Right of Withdrawal" (通訊交易解除權合理例外情事適用準則), you hereby expressly WAIVE your right to a 7-day cooling-off period once the digital content has been provided.

    • Policy: ALL SALES ARE FINAL. No refunds will be issued for dissatisfaction with artistic style, intonation, or "AI hallucinations."

    • Technical Errors: The ONLY exception is if a verifiable technical error (e.g., server crash resulting in a 0-byte file) occurs. In such cases, Onyx will regenerate the file at no additional cost.

5. USER REPRESENTATIONS & WARRANTIES

You represent and warrant that:

  1. You are at least 18 years of age and have the legal capacity to enter into contracts.
  2. You will not use the Service to violate any law, statute, ordinance, or regulation.
  3. You will not use the Service to infringe upon the intellectual property rights, privacy rights, or publicity rights of any third party.

6. DISCLAIMER OF WARRANTIES (AI TECHNOLOGY)

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

TO THE FULLEST EXTENT PERMITTED BY LAW, ONYX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Accuracy: We do not guarantee that the AI will pronounce every word correctly or interpret emotional context perfectly.
  • Availability: We do not guarantee 99.99% uptime, although we strive for high availability via Vercel and Supabase.
  • Fitness for Purpose: We do not warrant that the generated audio will be suitable for your specific intended use.

7. LIMITATION OF LIABILITY

IN NO EVENT SHALL ONYX, ITS DIRECTORS, EMPLOYEES, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, USE, OR GOODWILL.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM.

8. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Onyx and its subsidiaries, agents, licensors, managers, and other affiliated companies from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from your use of and access to the Service, or your violation of any term of this Agreement.

9. GOVERNING LAW AND DISPUTE RESOLUTION

  • 9.1 Jurisdiction: This Agreement shall be governed by the laws of Taiwan (Republic of China).
  • 9.2 Venue: Any dispute arising out of or in connection with this Agreement shall be referred to and finally resolved by the exclusive jurisdiction of the New Taipei District Court (臺灣新北地方法院).

Master Terms of Service | Fine Entertainment | 凡音文化有限公司