NewPod Terms of Use

1. Parties and Acceptance

These Terms form an agreement between you and Suben, Inc. (广州溯本信息技术有限公司) (“we,” “us,” or “our”) concerning your download, installation, and use of NewPod. The NewPod Privacy Policy forms part of these Terms.

Use NewPod only after accepting these Terms. If you do not agree, do not use or stop using NewPod. Features requiring separate authorization will request the relevant system permission when you choose to use them.

2. Eligibility

You must have legal capacity appropriate to your use. Minors should review and use NewPod with a guardian. A child under 14 must obtain guardian consent before using online features that involve personal information. NewPod currently has no account-registration system.

3. The Service

NewPod currently supports Apple Music streaming and importing through the system file picker for playback of mainstream audio formats such as FLAC, ALAC, and MP3. It may also provide favorites, background playback, equalizer controls, and motion-based visual effects.

Availability depends on device, operating system, network, region, third-party services, content licenses, file encoding, and DRM. NewPod does not promise that any particular music item or format works on every device.

4. Fees and Third-Party Services

The current version does not offer NewPod accounts, paid memberships, or in-app subscriptions. Apple Music may require a subscription or payment under a separate relationship between you and Apple, including its transaction and refund rules.

If NewPod later introduces paid or auto-renewing services, we will prominently disclose the service, price, period, renewal, cancellation, and refund terms before purchase and update these Terms as required by law. This clause is not advance consent to future charges.

5. Content Sources and Licenses

NewPod is a playback and access tool. It does not transfer to you any copyright in music, lyrics, artwork, programs, or other third-party content. Rights remain with their owners, and you may access or use content only as authorized by the owner, the third-party service terms, and applicable law.

You must have the right to play audio imported through the system file picker. You may not use NewPod to copy, download, distribute, publicly perform, sell, or otherwise infringe third-party rights. Apple Music content is governed by the applicable Apple Media Services Terms.

6. Acceptable Use

You must not:

• violate law, regulatory requirements, third-party terms, or another person's rights;
• circumvent content protection, payment, or access controls, or scrape, download, or distribute third-party content in bulk;
• interfere with or attack NewPod, Apple Music, or another connected service;
• reverse engineer, decompile, modify, or create derivative works except where applicable law or an open-source license expressly permits it; or
• use NewPod for unauthorized commercial broadcasting, public performance, or another commercial purpose.

7. Your Data and Privacy

Favorites, settings, and imported-file information are primarily stored on your device. Apple Music communicates with Apple services as needed. See the NewPod Privacy Policy for data categories, permissions, retention, and rights.

You are responsible for reasonable device, network, and backup security. Clearing app data or uninstalling may permanently remove local favorites and settings.

8. Intellectual Property

NewPod software, interface, icons, text, and other content we provide are owned by us or our licensors. These Terms grant you only a personal, limited, non-exclusive, non-transferable, revocable license to use NewPod. Open-source components remain governed by their licenses; if there is a conflict, the open-source license controls for that component.

9. Changes, Suspension, and Termination

We may change, suspend, or discontinue features for maintenance, security, law or policy, content licensing, third-party API changes, or product decisions. Where reasonably practicable, we will give advance notice of a change that significantly affects your interests, except for urgent security, compliance, or uncontrollable third-party changes.

You may stop using and uninstall NewPod at any time. If you materially violate these Terms or law, we may restrict affected features to the extent reasonably necessary. Termination does not affect accrued rights or provisions that by nature or law survive.

10. Disclaimers and Liability

To the extent permitted by law, NewPod is provided “as is” and “as available.” Third-party content and services are controlled by their providers and may be inaccurate, interrupted, removed, or region-restricted. We use reasonable care in maintaining NewPod but do not promise uninterrupted or error-free operation.

Loss caused by device failure, accidental deletion, lack of backups, file corruption, or breach of a third-party content license is allocated according to applicable law and responsibility. Nothing excludes or limits liability for willful misconduct, gross negligence, personal injury, infringement of mandatory consumer rights, or any liability that law prohibits us from limiting.

11. Changes to These Terms

We may update these Terms for legal or feature changes and will provide an in-app or similarly prominent notice. A change that materially reduces your rights or increases your obligations will take effect after a reasonable notice period. Where law requires renewed consent, we will request it. You may stop using NewPod if you disagree.

12. Governing Law and Disputes

These Terms are governed by the laws of mainland China, without excluding mandatory consumer protections that apply where you live. The parties should first try to resolve a dispute amicably. If that fails, either party may bring a claim before a court with jurisdiction under applicable law or use another dispute-resolution method available under that law.

13. General and Contact

If a provision is invalid or unenforceable, the remaining provisions remain effective. If the Chinese and English versions differ, the Chinese version controls unless mandatory applicable law provides otherwise.