These Terms and Conditions (the "Terms") govern the access to and use of the website available at borntorock.app, together with all mobile applications published by Adventure Holdings and any related online platforms, features, content, and services (collectively, the "Service"), which are owned and operated by Adventure Holdings ("Adventure Holdings", "we", "us", or "our").
Access to and use of the Service are expressly conditioned upon your acceptance of and ongoing compliance with these Terms. These Terms apply to all individuals and entities who access, browse, register for, or otherwise use the Service, including without limitation visitors, registered users, and other users (collectively, "you" or "User").
By accessing or using any part of the Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree to these Terms, you must immediately discontinue access to and use of the Service.
For the purposes of these Terms, the following definitions shall apply:
All capitalized terms not otherwise defined herein shall have the meanings ascribed to them in the context in which they are used.
The Service includes music-based games, related progression systems, game mechanics and interactive gameplay features, song-creation features, and any other products, services, features, functionalities, or content that Adventure Holdings may make available from time to time. The availability, content, pricing (if any), descriptions, or features of the Service may change from time to time, and Adventure Holdings does not guarantee that any specific content, feature, or functionality will be available at any given time. Adventure Holdings reserves the right, at its sole discretion, to modify, update, suspend, or discontinue any part of the Service, temporarily or permanently, with or without notice, subject to applicable law.
The Service is intended for users who are at least thirteen (13) years of age, or such higher minimum age as may be required by the laws of the country in which you reside. By accessing or using the Service, you represent and warrant that you meet the applicable minimum age requirement. If you are under the age of majority in your jurisdiction, you may only access or use the Service with the consent and under the supervision of a parent or legal guardian, and only to the extent permitted under applicable law.
If you are a consumer in a jurisdiction where consumer protection laws grant mandatory statutory rights (including, without limitation, the European Union/European Economic Area, the United Kingdom, or the United States), nothing in these Terms shall be interpreted or applied in a manner that limits, waives, or excludes such mandatory rights.
If you access or use the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms. In such cases, all references to "you" or "your" in these Terms shall refer to such entity.
If you do not agree, you must stop using the Service and uninstall any Adventure Holdings applications.
By accessing or using any part of the Service, creating an Account, or completing any In-App Purchase or Subscription, you acknowledge and agree that you have read, understood, and agree to be legally bound by these Terms, together with:
You represent and warrant that you have the legal capacity and authority to accept these Terms.
All purchases of digital content, virtual items, or subscriptions made within the Service (including In-App Purchases and Subscriptions) are processed exclusively through third-party application distribution platforms, such as the Apple App Store, Google Play Store, or other authorized app stores (collectively, "App Stores"). Such purchases are subject to the applicable terms and conditions, billing practices, and refund policies of the relevant App Store, and not of Adventure Holdings. Adventure Holdings does not control, and shall not be responsible for, the App Stores' payment processing, billing, refund handling, or customer support in connection with any In-App Purchase or Subscription. Any billing or refund requests must be directed to the relevant App Store in accordance with its policies.
Certain features or portions of the Service — including without limitation Create-a-Song and Song Credits, ad removal, offline downloads, stage wallpaper selection, and free revives — may be available only through a paid Subscription ("VIP"). Subscription plans may be offered on a weekly, monthly, annual, or other recurring basis, as disclosed at the time of purchase through the applicable App Store.
Unless otherwise stated at the time of purchase, Subscriptions automatically renew at the end of each billing cycle under the same terms, unless you cancel the Subscription through the applicable App Store or unless the Subscription is terminated by Adventure Holdings in accordance with these Terms. You are solely responsible for managing, modifying, or canceling your Subscription through the App Store from which it was purchased; deleting the app does not cancel a Subscription. Adventure Holdings does not have the ability to cancel or refund Subscriptions purchased through App Stores on your behalf. If a payment cannot be successfully processed by the App Store, access to the Subscription or related features may be suspended or terminated until payment is successfully completed, in accordance with the App Store's policies.
Stars, crowns, Song Credits, and similar in-game items and entitlements are licensed to you, not sold, have no monetary value, cannot be transferred or exchanged for money, and may be adjusted as we balance and develop the Service. Unused Song Credits expire in accordance with the terms of the applicable plan.
Adventure Holdings may, at its sole discretion, offer Subscriptions with a limited free trial period ("Free Trial") through the applicable App Store. You may be required by the App Store to provide valid payment information to enroll in a Free Trial. Unless you cancel before the Free Trial ends, the applicable Subscription fee will be automatically charged by the App Store at the end of the Free Trial period or shortly thereafter. Adventure Holdings reserves the right to modify, limit, or discontinue Free Trials at any time, subject to applicable law and App Store requirements.
Adventure Holdings may adjust the pricing of Subscriptions or other paid features of the Service from time to time, subject to the applicable App Store's rules and applicable law. Where required by law or App Store policies, you will be provided with advance notice of price changes, and such changes will generally take effect at the start of the next billing cycle. Your continued use of the Subscription after a price change becomes effective constitutes your acceptance of the updated pricing, to the extent permitted by applicable law.
To the maximum extent permitted by applicable law, and except where otherwise required by the App Store's policies or applicable consumer protection laws, all fees and charges are non-refundable and non-transferable once paid. Nothing in these Terms is intended to limit or exclude any statutory rights you may have under applicable consumer protection laws, including any mandatory rights of withdrawal or refund for digital content available to consumers in certain jurisdictions (such as the EU/EEA).
Adventure Holdings does not currently offer direct purchases of digital content or subscriptions outside of App Stores. If we introduce additional payment methods or direct purchase options in the future, such offerings will be subject to additional terms presented to you prior to any such transaction.
You are solely responsible for the legality, ownership, originality, reliability, accuracy, and appropriateness of any User Content that you submit, upload, or otherwise make available on or through the Service, including without limitation song prompts, Generated Songs, custom charts, titles, and display names. You acknowledge that Adventure Holdings does not verify ownership or licensing of User Content and assumes no responsibility for any User Content submitted by users.
Create-a-Song produces Generated Songs from your prompts using Generative AI Programs operated by us and our providers. Subject to these Terms and your compliance with them: you may use your Generated Songs within the Service and in your personal, non-commercial content (for example, sharing a challenge link or a clip of your run); AI-generated audio may resemble other works and we make no promise of uniqueness, non-infringement, or fitness for any particular purpose with respect to Generated Songs; and commercial exploitation of Generated Songs outside the Service requires our prior written permission.
By posting or otherwise making User Content available on or through the Service, you grant Adventure Holdings a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, reproduce, modify, adapt, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content in connection with the operation, marketing, and improvement of the Service, including for in-game features, community functions, sharing features, and promotional materials. You acknowledge and agree that no royalties, fees, or other compensation of any kind shall be payable by Adventure Holdings to you or to any third party in connection with such use. You retain ownership of your User Content (including your prompts), subject to the rights and licenses granted under these Terms.
You represent and warrant that: (i) you either own the User Content or have obtained all necessary rights, licenses, consents, and permissions to grant the license above; and (ii) your User Content and your use of the Service do not and will not violate any third-party rights, including privacy, publicity, copyright, trademark, contract, or any other proprietary or personal rights, or any applicable law. To the maximum extent permitted by applicable law, you waive and agree not to assert any claims against Adventure Holdings arising out of or relating to our use of the User Content in accordance with these Terms. Where moral rights or similar rights cannot be waived under applicable law, you agree not to exercise such rights in a manner that would interfere with our lawful use of the User Content.
You agree not to use the Service to:
Adventure Holdings may, but is not obligated to, monitor User Content and may remove or disable access to any User Content that we, in our sole discretion, consider to be in violation of these Terms, applicable law, or otherwise harmful. We may take appropriate action, including suspension or termination of Accounts. Without limiting Section 14 (Indemnity), you agree to indemnify, defend, and hold harmless Adventure Holdings from and against any claims, damages, losses, liabilities, or expenses (including reasonable legal fees) arising out of or relating to your User Content or your breach of this Section 5.
Account information. When you create an Account, you must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of these Terms and may result in immediate suspension or termination of your Account.
Account security. You are responsible for: (i) safeguarding the password or other credentials used to access the Service; and (ii) any activities or actions taken under your Account, whether or not authorized by you. You agree not to disclose your password to any third party and to notify us promptly upon becoming aware of any breach of security or unauthorized use of your Account. Adventure Holdings shall not be liable for any loss or damage arising from your failure to comply with these security obligations, to the maximum extent permitted by applicable law.
Display names. You may not use as a display name: (i) the name of another person or entity that is not lawfully available for use; (ii) a name or trademark subject to the rights of another person or entity without appropriate authorization; or (iii) a name that is offensive, vulgar, misleading, or obscene. Adventure Holdings reserves the right to suspend, change, or reclaim any display name that violates these Terms or applicable law.
Third-party sign-in. If you choose to sign into the Service using Google, Apple, or another supported third-party account, we may collect limited account information made available by that platform, such as your name and email address, in accordance with our Privacy Policy and the permissions you grant to the third-party platform. This information is used to facilitate authentication and account access. Your display name and results may be visible to other players in gameplay-related features, such as shared challenge links. You can manage or revoke the connection between your Account and any third-party platform through the settings of the relevant platform or as described in our Privacy Policy.
The Service may contain links to third-party websites, apps, or services that are not owned or controlled by Adventure Holdings. We have no control over and assume no responsibility for: (i) the content, privacy policies, or practices of any third-party websites or services; or (ii) any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any such content, goods, or services. We strongly recommend that you read the terms and privacy policies of any third-party websites or services you visit or use.
Adventure Holdings IP. The Service and all Content that is not User Content, including but not limited to game code, software, game mechanics, designs, graphics, user interfaces, artwork, animations, audio, music, sound effects, video, text, game data, compilations of data, logos, trademarks, service marks, and trade dress, are and will remain the exclusive property of Adventure Holdings and/or its licensors. Nothing in these Terms shall be construed as transferring or assigning any ownership rights in the Service or Content to you. All rights not expressly granted are reserved by Adventure Holdings and its licensors.
Protection. The Service is protected by copyright, trademark, and other intellectual property laws of the United States and other applicable jurisdictions worldwide. Our trademarks and trade dress may not be used, copied, imitated, or reproduced, in whole or in part, in connection with any product or service, without our prior written consent.
Limited license to use the Service. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Service solely for your personal, non-commercial entertainment purposes. This license does not permit any commercial use of the Service or Content, including resale, distribution, streaming for commercial gain, or other commercial exploitation, unless expressly authorized by Adventure Holdings in writing.
Restrictions. You may not: (i) copy, modify, distribute, sell, lease, sublicense, create derivative works from, or otherwise exploit any part of the Service or Content (excluding your own User Content) without our prior written permission; (ii) reverse engineer, decompile, disassemble, or attempt to extract the source code of our software, or bypass any technical protection measures, except to the extent permitted by applicable law; (iii) create, develop, distribute, or use mods, hacks, or altered versions of the Service; or (iv) use the Service or Content for any purpose not expressly authorized by these Terms.
Artificial Intelligence use. Any use of the Service or Content in connection with Generative AI Programs is strictly subject to and governed by Section 10 (Artificial Intelligence and NoAI Content). For the avoidance of doubt, no license is granted to use the Service or Content for training, testing, developing, or operating Generative AI Programs.
Intellectual property complaints. We respect the intellectual property rights of others and expect users of the Service to do the same. If you believe that any content made available through the Service infringes your copyright or other intellectual property rights, you may submit a written notice to Adventure Holdings at support@borntorock.app, with sufficient information to allow us to identify and review the allegedly infringing content, including: the location of the content, your contact information, a description of the work you believe is infringed, and a statement of your good-faith belief. Upon receipt of a notice that complies with applicable law (including the Digital Millennium Copyright Act, where applicable), Adventure Holdings reserves the right, at its sole discretion, to remove or disable access to the allegedly infringing content and to take other appropriate action, including suspension or termination of Accounts of repeat infringers. Any misuse of the intellectual property complaint process, including knowingly submitting false, misleading, or bad-faith claims, may result in liability under applicable law.
You may stop using the Service at any time by discontinuing your use of the Service and, where applicable, deleting any Adventure Holdings applications from your devices.
We may suspend or terminate your access to the Service or your Account immediately, without prior notice, if you violate these Terms or if such action is necessary to protect the Service, other users, or to comply with applicable law.
Upon termination for any reason: (i) your right to access and use the Service will end immediately; (ii) any unused in-game items, Song Credits, progress, or entitlements may be lost and will not be restored, except where required by applicable law; and (iii) any provisions of these Terms that by their nature should survive termination will continue to apply.
Protection of NoAI Content. We are committed to protecting: (i) properties and intellectual property rights owned by Adventure Holdings; and (ii) licensed properties and repertoire that third-party rightsholders have legally licensed to us, including but not limited to musical works, sound recordings, and related content (collectively, "NoAI Content").
Prohibited uses with Generative AI Programs. You shall not, and shall not permit, authorize, enable, or assist any third party to:
For clarity, this Section does not restrict your use of the Create-a-Song feature as intended and permitted under Section 5, which uses Generative AI Programs operated by us and our providers to create Generated Songs at your request.
No waiver of statutory text-and-data-mining rights. Nothing in this Section 10 is intended to prevent or restrict any mandatory text and data mining exceptions that apply under the law of your country, to the extent they cannot be waived by contract. However, where such rights may legally be waived or limited by agreement, you expressly waive those rights and agree not to exercise them with respect to NoAI Content and the Service.
Material breach and remedies. Any breach of this Section 10 constitutes a material breach of these Terms and may result in immediate suspension or termination of your Account or access to the Service. You acknowledge that any unauthorized use of NoAI Content in connection with Generative AI Programs may cause irreparable harm to Adventure Holdings and its licensors, for which monetary damages may be inadequate; accordingly, in addition to any other remedies available at law or in equity, Adventure Holdings and/or its licensors shall be entitled to seek injunctive or other equitable relief in any competent court. To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Adventure Holdings, its affiliates, and licensors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to your violation of this Section 10.
From time to time, Adventure Holdings may offer contests, sweepstakes, promotions, in-game events, or similar campaigns (collectively, "Promotions"). Such Promotions may be governed by separate rules, terms, or eligibility requirements, which will be made available in connection with the applicable Promotion. In the event of any conflict between such Promotion rules and these Terms, the applicable Promotion rules shall prevail solely with respect to that Promotion. Adventure Holdings reserves the right to modify, suspend, or cancel any Promotion at any time, subject to applicable law.
"AS IS" and "AS AVAILABLE". Your use of the Service is at your sole risk. To the maximum extent permitted by applicable law, the Service is provided on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, whether express, implied, or statutory, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, non-infringement, and course of performance.
No guarantee. Without limiting the foregoing, to the maximum extent permitted by applicable law, Adventure Holdings and its affiliates and licensors do not warrant that: (i) the Service will be uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components; (iv) Generated Songs will be unique, non-infringing, or fit for any particular purpose; or (v) the results of using the Service will meet your requirements or expectations. Some jurisdictions do not allow the exclusion of certain warranties, so the above exclusions may not apply to you in whole or in part.
Advertising and third-party information disclaimer. The Service and related information may be promoted or advertised through third-party websites, platforms, or marketing channels. Adventure Holdings does not guarantee that information presented in such advertisements is always accurate, complete, or up to date, and we may experience delays in updating information on the Service or in our advertising on other websites.
To the maximum extent permitted by applicable law:
Some jurisdictions do not allow limitations of liability for certain types of damages (for example, in the EU/EEA, UK, or certain US states) and, in those cases, the limitations in this Section shall apply only to the extent permitted by the law of your country. Nothing in these Terms shall exclude or limit any liability that cannot be excluded or limited by law, including liability for fraud or fraudulent misrepresentation.
To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Adventure Holdings, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third-party right, including any privacy, publicity, or intellectual property right; or (iv) any claim that your User Content caused damage to a third party.
Governing law. These Terms and your use of the Service shall be governed and construed in accordance with the laws of the State of [STATE — confirm with counsel], United States, without regard to its conflict of law provisions, except where the laws of your country of residence grant you mandatory consumer protection rights that cannot be waived by agreement. In such cases, those mandatory rights shall prevail to the extent of any inconsistency.
Dispute resolution. If you have any concern or dispute about the Service, you agree to first try to resolve the dispute informally by contacting us at support@borntorock.app. If we are unable to resolve the dispute informally, any dispute, controversy, or claim arising out of or relating to these Terms or the Service may be brought before the competent courts of the State of [STATE — confirm with counsel], unless mandatory law in your country requires that you may bring (or defend) the claim before the courts of your place of residence.
We may modify or replace these Terms from time to time. If a revision is material, we will use reasonable efforts to provide notice prior to the new terms taking effect by posting the updated Terms on the Service and/or by other reasonable means. What constitutes a material change will be determined at our sole discretion. By continuing to access or use the Service after the revised Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Service and, if applicable, cancel any active Subscriptions.
Entire agreement. These Terms, together with the Privacy Policy and any additional terms applicable to specific features or services, constitute the entire agreement between you and Adventure Holdings regarding the Service and supersede any prior agreements or understandings (whether written or oral).
Severability. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified so as to be valid and enforceable to the maximum extent permitted by law.
No 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 Adventure Holdings.
Assignment. You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer our rights and obligations under these Terms, in whole or in part, to any affiliate or in connection with a merger, acquisition, or sale of assets, without your prior consent.
If you have any questions about these Terms, you can contact us at: