Effective Date:2025.12.09
Sami is provided by 【CUBEE GROWTH PTE. LTD. 】("we", "us" or "our").These Terms govern your access to and use of NoviPlay (including sound collection, emotion analysis, voice chat matching, and related services, collectively "Services"). By using the Services, you confirm you have read, understood, and agreed to these Terms and our Privacy Policy. Disagreeing with any provision means you must cease using the Services immediately.
Note: Specific Services may have additional terms, which prevail in case of conflict.
You represent and warrant that you are at least 18 years old or have reached the age of majority in the jurisdiction where you access or use the Services (whichever is higher), and that you possess full legal capacity to enter into, understand, and comply with all terms, obligations, representations, and warranties set forth in these Terms.
Minors (individuals under the age of majority in their jurisdiction) may only use the Services under the direct supervision and guidance of a parent or legal guardian. By allowing a minor to use the Services, the parent or legal guardian explicitly agrees to be bound by all provisions of these Terms, assumes full responsibility for the minor's use of the Services (including monitoring their interactions and ensuring compliance with these Terms), and shall be liable for any losses or damages arising from the minor's non-compliance. If you are a minor without such parental or legal guardian supervision and consent, you are strictly prohibited from using the Services.
Report unauthorized minor use to 【support@cubeegrowthpte.com】; we will take prompt action (e.g., disabling access.
To comply with applicable international laws, regulations, and sanctions, we do not provide the Services to, conduct business with, or accept payments from any individuals or entities located in, domiciled in, or operating from the following regions: Cuba, Iran, North Korea, Sudan, Syria, Crimea, the Donetsk People's Republic (DNR), and the Luhansk People's Republic (LNR) (collectively "Restricted Jurisdictions"). Residents of or individuals located in Restricted Jurisdictions are prohibited from accessing or using any part of the Services. We reserve the right to verify your location and restrict or terminate access if we determine you are in a Restricted Jurisdiction.
You consent to our collection of your voice data, recordings, and related metadata (per Privacy Policy) to provide/optimize core Services. We use this data solely for emotion analysis, chat matching, algorithm improvement, and legal compliance, and will not use it for other purposes without your additional consent.
We implement security measures to protect your sound data. We will not disclose it to third parties except as required by law, to bound service providers, or with your written consent. Upon account deletion or request (where permitted), we will cease use and anonymize/delete the data.
You may create a Sami account to use the Services via your phone number, Apple ID, Google ID, or other supported methods. During registration, you must provide true, accurate, complete, and up-to-date information, and maintain the accuracy and completeness of such information at all times.If you provide false, inaccurate, incomplete, or outdated information, we reserve the right to reject your registration request, suspend your account access, or restrict your use of the Services.
You agree not to use any username, nickname, or account identifier falling into the following prohibited categories:
(a) Those imitating or substantially similar to public figures' names, stage names, or well-known pseudonyms (likely to confuse other users);
(b) Those impersonating government agencies, international organizations, or their affiliates (e.g., "National Police", "United Nations Office");
(c) Those containing discriminatory language (based on race, gender, religion, disability, etc.), obscene, violent, threatening, or illegal content violating laws or public order and good morals;
(d) Those violating laws/regulations, likely to confuse with other users' accounts or our brand (e.g., identical/substantially similar to "Sami" or official logos), or misleading others about affiliation with us or third parties.
We reserve the right to take corrective actions against prohibited identifiers, including requiring a change, restricting account functions, suspending access, or terminating the account. For severe violations (e.g., identifiers inciting illegal activities or harming public interests), we may terminate your account without prior notice. You shall be liable for any losses incurred by us or other users due to your use of a prohibited identifier.
You are solely responsible for securing your account and access credentials (including passwords). You agree not to disclose your password to third parties, share your account, or allow others to use it. Immediately notify us at 【support@cubeegrowthpte.com】 if you detect or suspect unauthorized account access, password leakage, theft, or other security breaches.
You bear full and exclusive responsibility for all activities conducted through your account . If you claim an account activity was unauthorized, you must first prove full compliance with your account security obligations under these Terms. Failure to meet such obligations will not exempt you from liability for the relevant activity.
We reserve the right to restrict, temporarily freeze, or permanently terminate your account (in whole or in part) at our reasonable discretion, with or without prior notice, if:
(a) You materially or repeatedly breach these Terms;
(b) You disrupt, damage, or impair the Services' normal operation, or infringe upon our or other users' legitimate rights;
(c) You violate applicable laws, regulations, or regulatory requirements;
(d) Your account remains inactive for 12 consecutive months (or such other period as specified in separate Service rules);
(e) There is reasonable evidence that your account is linked to illegal or high-risk activities (e.g., fraud, money laundering, assisting others in violating these Terms);
(f) We are legally obligated to do so by regulatory authorities, judicial organs, or other legally authorized institutions.
Your Sami account and its associated rights are personal to you and may not be transferred, sold, traded, leased, lent, gifted, or otherwise alienated to third parties (for consideration or free of charge), including via assignment, inheritance, or other legal acts.
Any unauthorized attempt to alienate the account is invalid. We reserve the right to restrict, freeze, or terminate relevant accounts if unauthorized alienation is detected (e.g., abnormal login locations, identity inconsistencies). You shall bear all resulting losses (including loss of account access or virtual assets) and compensate us for any damages incurred.
You may delete your Sami account through one of the following methods:
(a) Online Self-Service Cancellation: You may independently initiate the account deletion process through the Sami by following the path: Settings > Account and Security > Cancel Account;
(b) Email-Assisted Cancellation: If you encounter difficulties with the online self-service process, you may contact our customer support team via email at 【support@cubeegrowthpte.com】 to request account deletion.
Note: Account deletion is irreversible and will result in the permanent termination of all your rights and permissions related to the account. Upon account deletion, you will lose access to all content and data associated with the account, and we will handle your personal data in accordance with our Privacy Policy.
When accessing and using the Services, you must comply with these Terms, our Community Guidelines (if any), and applicable laws/regulations. You agree to use the Services solely for legitimate, non-harmful purposes consistent with their intended functionality.
You shall not:
(a) Use the Services without full legal capacity (minors require explicit parental/legal guardian consent and supervision);
(b) Copy, modify, reverse-engineer, decompile, disassemble, or attempt to derive the Services' source code; or access their algorithms, technical mechanisms, or non-public data via packet capture, cracking tools, or similar methods;
(c) Distribute, sell, license, transfer, sublicense the Services/derivatives to third parties, or resell access for commercial gain;
(d) Conduct commercial advertising, solicitation, or promotion (including third-party ads, spam) without our prior written authorization;
(e) Interfere with/disrupt the Services' normal operation (e.g., server overloading), connected networks (e.g., DDoS attacks), or bypass access restrictions/security measures (e.g., cracking login systems, proxy-based regional evasion);
(f) Embed any Service components (e.g., APIs, modules) into third-party programs/products without prior written authorization;
(g) Use scripts, crawlers, bots, or automated tools to collect/scrape Service data or interact with the Services (e.g., batch account registration, auto-messaging);
(h) Impersonate any person/entity, or falsely claim/imply affiliation with others;
(i) Intimidate, harass, defame others; post/transmit explicit, violent, or harmful content; or engage in discrimination based on race, gender, religion, disability, etc.;
(j) Unauthorized use of another user's account, or registration with forged/falsified/stolen information;
(k) Collude with others to undermine Service fairness (e.g., manipulating matching results, exploiting promotions);
(l) Upload/transmit/distribute/store content that: (i) Contains malicious code (viruses, ransomware, etc.); (ii) Constitutes unsolicited ads/spam; (iii) Discloses third-party private information without consent; (iv) Infringes on others' intellectual property, privacy, or other legitimate rights; (v) Violates public order/morals (defamatory, hateful, inflammatory); (vi) Encourages criminal acts, self-harm, or dangerous behavior; (vii) Harasses, provokes, or harms others; (viii) Contains threats of violence/damage; (ix) Is racist or discriminatory; (x) Provides unqualified professional advice (medical, legal, investment);
(m) Endanger minors' physical/mental health or rights (e.g., unauthorized disclosure of minors' info, sending explicit content, inducing illegal activities);
(n) Violate our Community Guidelines (if any) or other supplementary rules issued from time to time.
We reserve the right to review your Service use and take action against prohibited conduct, including (but not limited to) removing non-compliant content, restricting account functions, suspending or permanently terminating your account, without prior notice.
If access is restricted/suspended/terminated due to your violation of laws, these Terms, or fraudulent/unlawful activities, you shall not be entitled to refunds, compensation, or reimbursement for unused Services, virtual assets, or other losses (including unused Paid Services or in-app virtual assets).
Certain features of the Services (referred to as "Paid Services") require payment, including but not limited to subscription services and virtual asset purchases. We reserve the sole discretion to set, adjust, or modify the fees for Paid Services from time to time. Before you use any Paid Service, we will clearly disclose to you the fee amount, billing cycle, accepted payment methods, and key terms (e.g., access duration, feature limitations). The Paid Service will not be activated until you explicitly acknowledge and confirm this information.
To access and use Paid Services, you must: (a) Pay all applicable fees using the accepted payment methods (e.g., credit card, debit card, digital wallet); and (b) Agree to the specific charges, billing terms, and any additional conditions applicable to the relevant Paid Service. Failure to satisfy either of these requirements will result in your inability to use the Paid Service.
If you fail to make timely payment (e.g., payment is declined, unpaid bills are outstanding), we will not be obligated to provide the Paid Service. We may suspend or terminate your access to the Paid Service (or your entire account) and may pursue the unpaid fees through legal means where permitted by law.
Payments for Paid Services are processed by third-party payment processors (e.g., Google Pay, Apple Pay). These processors are responsible for payment authentication, fund transfers, and transaction record-keeping in accordance with their own terms and conditions. By making a payment for Paid Services, you agree to be bound by the third-party processor's terms of service, privacy policy, and any applicable fees (including dispute resolution rules, refund policies, and processor charges).
We shall not be liable for any issues arising from the payment processing, including but not limited to payment delays, errors, data breaches, disputes, or additional charges imposed by the processor. You must resolve any such issues directly with the third-party payment processor.
The Services (including Paid Services) may be temporarily or permanently unavailable due to technical issues, maintenance, or other reasons. We will use reasonable efforts to restore access to the Services as promptly as possible, but we shall not be liable for any downtime, service interruptions, or losses incurred as a result. For Paid Services that are permanently discontinued, we may, at our sole discretion, offer partial refunds or alternative services of equivalent value.
Note: All Paid Services and virtual assets associated with your account will be forfeited immediately upon account deletion or termination, and no refunds will be provided unless the termination is determined to be unlawfully wrongful.
Except as required by applicable local laws, all payments for Paid Services are non-refundable.Unapproved refund requests or payment disputes (e.g., chargebacks) may result in:
(a) Permanent ban of your Sami account and access device;
(b) Immediate deduction of all virtual assets related to the disputed payment.
Approved refunds will be processed via the original payment method, with processing times varying by payment processor (may take several months).
You acknowledge that all virtual assets and Paid Services have the following terms:
(a) No real monetary value: Virtual assets (e.g., in-app coins/tokens) are not legal tender; payments reflect service access costs, not cash-equivalent asset purchases.
(b) Not legal tender/property: No ownership rights; only a limited, revocable license to use within the Services; cannot settle external debts/taxes.
(c) No external redemption: Cannot be exchanged for cash, real goods, or third-party services outside the Services; unused assets/Paid Services become invalid if account is suspended/terminated or Services are discontinued.
(d) Non-transferable/non-exchangeable: May not be sold, traded, gifted, or transferred to third parties (including other users) via any channel (unless explicitly permitted by us).
Violations may result in immediate account suspension/termination, forfeiture of virtual assets/Paid Services, and/or legal action (where permitted by law).
For the purposes of these Terms, "User-Generated Content" or "UGC" refers to any content that you independently create and submit, upload, post, transmit, or otherwise make available through the Services, including but not limited to text, audio recordings, voice messages, and videos.
You hereby irrevocably grant us and our sublicensees a perpetual, worldwide, non-exclusive, royalty-free, and sublicensable license to use, reproduce, modify, adapt, distribute, perform, publicly display, and integrate your UGC for the purpose of providing, operating, promoting, and optimizing the Services. This license includes, but is not limited to: (a) Displaying your UGC on the Sami platform; (b) Using your UGC in our promotional materials (e.g., social media campaigns, marketing videos); (c) Incorporating your UGC into existing or future Services or features.
This license does not require additional approval or compensation from us, unless you and we enter into a separate written agreement that explicitly supersedes this provision. If you delete your UGC in accordance with our rules, we will cease any new or additional use of the deleted UGC, except for uses that were already made public or incorporated into finished content prior to deletion (for which the license shall remain in effect).
You are solely and fully responsible for all UGC you submit through the Services and for all consequences arising therefrom. You represent and warrant that:
(a) Your UGC complies with all applicable laws, regulations, and these Terms;
(b) Your UGC does not infringe upon any third party's intellectual property rights, privacy rights, reputation rights, or other legitimate rights and interests;
(c) Your UGC is true, accurate, and not misleading;
(d) You have obtained all necessary permissions and authorizations from third parties for any content, materials, or elements included in your UGC (e.g., music, images, or voices of others);
(e) Your UGC is appropriate for the target audience of the Services and does not violate public order and good morals.
You agree to indemnify and hold harmless us, our affiliates, employees, and partners from and against any claims, demands, losses, damages, liabilities, or expenses (including reasonable attorneys' fees) arising from or related to your UGC (e.g., third-party claims of copyright infringement, defamation, or privacy violations). We disclaim all warranties with respect to UGC, which is provided on an "AS IS" and "AS AVAILABLE" basis.
We have no obligation to pre-screen, review, or approve UGC before it is posted on the Services, unless explicitly required by applicable law. However, we reserve the right to monitor UGC on an ongoing basis and to remove, edit, or restrict access to any UGC at any time, in our sole discretion, without prior notice and without liability to you or any third party. Common grounds for such action include, but are not limited to, UGC that violates these Terms, is illegal, harmful, or offensive, or infringes upon third-party rights.
We may use automated systems and tools to analyze UGC for the purpose of maintaining Service security (e.g., detecting spam or malware), optimizing content recommendations, and identifying non-compliant content. Such analysis will be conducted in accordance with our Privacy Policy.
To comply with applicable laws and regulatory requirements, we will: (a) Report any illegal UGC (e.g., content related to drug trafficking, child sexual abuse, or terrorist activities) to the relevant law enforcement authorities upon discovery or receipt of a valid report; (b) Provide user information (including account details, UGC content, and usage logs) in response to lawful court orders, subpoenas, or official requests from regulatory bodies, without prior notice to you, where such disclosure is required by law.
If your UGC violates these Terms or applicable laws, we may impose account sanctions based on the severity and frequency of the violation, including but not limited to: (a) Temporary suspension of account access (e.g., 1 to 30 days or longer); (b) Restriction of account functions (e.g., disabling the ability to post UGC or send messages); (c) Permanent termination of your account for material violations (e.g., repeated intellectual property infringement, use of UGC for illegal activities) that cause significant harm to us or other users.
All trademarks, service marks, logos, and trade names related to the Services (e.g., "Sami") are our or our licensors' exclusive property, protected by applicable trademark laws. You may not use these marks without our prior written consent.
Third-party trademarks, logos, or trade names displayed on the Services belong to their respective owners. Display of these marks does not grant a usage license; you must obtain separate authorization from the owner before use.
All content and materials provided via the Services ("Proprietary Works") are our or our licensors' exclusive intellectual property. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use Proprietary Works solely for legitimate use of the Services in compliance with these Terms.
You agree not to: (a) Copy, modify, reverse engineer, decompile, or create derivatives of Proprietary Works; (b) Republish, distribute, or publicly display Proprietary Works without our prior written consent; (c) Circumvent or tamper with any security measures protecting Proprietary Works.
The license in Section 7.2 automatically terminates upon any breach of these Terms. Upon termination, you must immediately cease using the Services and Proprietary Works, and delete all copies in your possession. Continued use after termination constitutes infringement, and we reserve all legal remedies.
To report intellectual property infringement, email us at 【support@cubeegrowthpte.com】 with: (a) Your name, contact info, and ID proof; (b) Proof of your ownership of the infringed right; (c) Details of the infringing content and its location; (d) A good-faith statement (under penalty of perjury) that use is unauthorized; (e) Your signature (electronic acceptable). Incomplete reports may delay or prevent investigation.
You agree to indemnify and hold harmless the Sami Entities* against all claims, losses, damages, liabilities, and expenses (including reasonable attorneys' fees and court costs) arising from: (a) Your access, use, or misuse of the Services; (b) Your breach of these Terms; (c) Your violation of applicable laws, regulations, or third-party rights; (d) Your UGC or conduct harming other users/third parties.
This indemnification obligation survives Term termination for the applicable statute of limitations period. We reserve exclusive right to control the defense and settlement of covered claims, including selecting counsel and deciding on settlements.
*"Sami Entities" includes us, our parent, subsidiaries, affiliates, licensors, service providers, and their respective officers, directors, employees, and agents.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE Sami ENTITIES DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
(a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS;
(b) WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
(c) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR DATA PROVIDED THROUGH THE SERVICES;
(d) WARRANTIES THAT ANY DEFECTS OR ERRORS IN THE SERVICES WILL BE CORRECTED.
THE SAMI ENTITIES SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM: (a) DEVICE DAMAGE, DATA LOSS, OR UNAUTHORIZED ACCESS TO YOUR DATA RESULTING FROM YOUR USE OF THE SERVICES (EXCEPT IN CASES OF OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT); (b) THIRD-PARTY TRANSMISSION OF MALICIOUS CODE THROUGH THE SERVICES; (c) DISPUTES BETWEEN YOU AND OTHER USERS; (d) THE REMOVAL OR RESTRICTION OF ACCESS TO YOUR UGC.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL CUMULATIVE LIABILITY OF THE SAMI ENTITIES TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE), SHALL NOT EXCEED THE TOTAL AMOUNT YOU PAID TO US FOR THE SERVICES IN THE THREE MONTHS PRIOR TO THE CLAIM ARISING. IF YOU HAVE NOT PAID ANY AMOUNTS TO US, THE Sami ENTITIES SHALL NOT BE LIABLE FOR ANY MONETARY DAMAGES.
IN NO EVENT SHALL THE Sami ENTITIES BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF GOODWILL, INTERRUPTION OF BUSINESS, OR LOSS OF BUSINESS INFORMATION), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE THAT THE RISK OF HARM OR DAMAGE FROM THIRD-PARTY CONTENT, CONDUCT, OR UNAUTHORIZED ACCESS RESTS ENTIRELY WITH YOU. THIS LIMITATION OF LIABILITY SHALL APPLY EVEN IF THE LIMITED REMEDIES PROVIDED HEREIN FAIL OF THEIR ESSENTIAL PURPOSE.
REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
We may modify these Terms from time to time for reasons including but not limited to: (a) Updating or enhancing the Services; (b) Consolidating or discontinuing certain Service features; (c) Complying with changes in applicable laws or regulations.
For material changes to these Terms, we will notify you through commercially reasonable means (e.g., a prominent notice in the app, email notification). We will also update the "Last Updated" date at the top of these Terms, which reflects the effective date of the modified Terms. Your continued access to or use of the Services after the effective date of the modified Terms constitutes your full acceptance of the modified Terms. If you do not agree to the modified Terms, you must immediately cease using the Services.
These Terms shall be governed by and construed in accordance with the laws of Singapore, excluding its conflict of law principles.
Any dispute, controversy, or claim arising out of or in connection with these Terms or the Services shall first be resolved through friendly negotiations between you and us within thirty (30) days of either party notifying the other of the dispute. If the dispute cannot be resolved through negotiations within this period, both parties agree to submit the dispute to the Singapore International Arbitration Centre (SIAC) for arbitration in accordance with the SIAC Administered Arbitration Rules in effect at the time of applying for arbitration. The seat of arbitration shall be Hong Kong. The arbitration shall be conducted by a sole arbitrator appointed in accordance with the applicable rules, and the language of the arbitration shall be English. The arbitral award shall be final and binding on both parties and may be enforced in any court having jurisdiction.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
You may not assign or transfer these Terms or any of your rights or obligations hereunder without our prior written consent. We may assign these Terms or any of our rights or obligations hereunder without restriction.
Provisions of these Terms that by their nature or express terms should survive termination (including but not limited to indemnification, liability limitations, intellectual property rights, and dispute resolution) shall remain in full force and effect after termination or expiration of these Terms.
These Terms, together with our Privacy Policy and any other documents explicitly incorporated by reference, constitute the entire agreement between you and us with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties (whether written or oral) relating to the Services.
We may terminate these Terms and your access to the Services at any time for any reason or no reason by providing you with notice (e.g., in-app notification, email). Upon termination, you will lose all rights to access your account and UGC. We have no obligation to back up, migrate, or delete your UGC, and your UGC may remain in our archives subject to the license granted in Section 6.2. Termination shall not affect any rights or remedies we may have under these Terms or applicable law.
For any questions, feedback, comments, or requests for technical support related to the Services, please contact us at 【support@cubeegrowthpte.com】. We will endeavor to respond to your inquiries in a timely manner.