Terms of USE OF DIFFERENT PERSON(APP)

TERMS OF USE FOR DIFFERENT PERSON

Last Updated: December 3, 2025

Operated by: Differson LLC

Artist: Different Person (Jina Shim)

Website: www.differson.net

1. ACCEPTANCE OF TERMS

Welcome to Different Person! These Terms of Use ("Terms") govern your access to and use of the Different Person mobile application (the "App") and all related services operated by Differson LLC. By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.

2. DESCRIPTION OF SERVICES

Different Person provides the following services:

2.1 Music Streaming

- Access to Different Person's music catalog

- Audio playback and playlist features

- Available through one-time lifetime purchase ($9.99)

2.2 Premium Chat Services

- Direct messaging with the artist

- Photo sharing capabilities

- Real-time notifications

- Available through monthly subscription ($3.99/month) or yearly subscription ($39.99/year)

2.3 Free Features

- Account creation and profile management

- Access to public content

- App navigation and browsing

3. ELIGIBILITY

You must be at least 13 years old to use this App. By using the App, you represent and warrant that:

- You are at least 13 years of age

- You have the legal capacity to enter into these Terms

- You will comply with these Terms and all applicable laws

4. ACCOUNT REGISTRATION

4.1 Account Creation

To access certain features, you must create an account by providing:

- Valid email address

- Password (meeting security requirements)

- Display name

- Optional: Profile photo, phone number

4.2 Account Security

You are responsible for:

- Maintaining the confidentiality of your account credentials

- All activities that occur under your account

- Notifying us immediately of any unauthorized access

4.3 Account Accuracy

You agree to:

- Provide accurate and complete information

- Update your information to keep it current

- Not impersonate any person or entity

- Not create multiple accounts

5. SUBSCRIPTIONS AND PAYMENTS

5.1 Premium Chat Subscription

- Monthly subscription: $3.99/month

- Yearly subscription: $39.99/year (save $7.89 compared to monthly)

- Automatically renews unless cancelled

- Charged through Apple In-App Purchase

- Access to direct messaging with the artist

- Photo sharing in chat

- Real-time notifications

5.2 Lifetime Music Service

- One-time purchase: $9.99

- Permanent access to music streaming

- No recurring charges

- Non-refundable after purchase

5.3 Subscription Management

- You can view and manage subscriptions in your device settings

- Cancel anytime before the next billing cycle

- No refunds for partial subscription periods

- Cancellation takes effect at the end of the current billing period

5.4 Message Access Rules

- Premium Chat subscribers can only view messages sent during active subscription periods

- If subscription expires, access to messages from that period is lost

- Resubscribing does NOT restore access to previous messages

- Messages are visible only when subscription is active

5.5 Payment Terms

- All payments are processed through Apple's In-App Purchase system

- Prices are in USD and may vary by region

- Prices subject to change with 30 days notice

- Failed payments may result in service suspension

6. USER CONDUCT

You agree NOT to:

6.1 Prohibited Content

- Post illegal, harmful, or offensive content

- Share explicit, violent, or graphic material

- Upload copyrighted material without authorization

- Transmit spam, advertising, or promotional content

- Share false or misleading information

6.2 Prohibited Activities

- Harass, threaten, or abuse other users or the artist

- Impersonate any person or entity

- Attempt to hack, reverse engineer, or compromise the App

- Use automated systems (bots) to access the App

- Collect or harvest user information

- Interfere with the App's operation or servers

- Download, copy, distribute, or reproduce any content without authorization

- Use the App or its content for any illegal purpose

- Record, redistribute, or pirate music or other content

- Remove or circumvent digital rights management or protection measures

- Sell, rent, or sublicense access to the App or its content

6.3 Illegal Use Strictly Prohibited

You expressly agree that:

- Any illegal use of this App, its content, or features is strictly prohibited

- Unauthorized distribution, copying, or sharing of content is forbidden

- Piracy, recording, or redistribution of music or materials is illegal and will result in immediate account termination

- Violation of intellectual property rights may result in legal action

- We reserve the right to report illegal activities to law enforcement

6.4 Respect and Safety

- Treat the artist and other community members with respect

- Follow community guidelines for chat communications

- Report inappropriate behavior or content

- Respect intellectual property rights

7. CONTENT AND INTELLECTUAL PROPERTY

7.1 Ownership by Different Person (Jina Shim)

All content in the App is owned by the artist Different Person (Jina Shim) and Differson LLC, including but not limited to:

- Music tracks and audio recordings

- Album artwork and graphics

- App design and interface

- Text, images, and videos

- Logos and trademarks

- All artistic works and creative content

All content is protected by copyright, trademark, and other intellectual property laws. Different Person (Jina Shim) retains all rights, title, and interest in and to all content.

7.2 Restricted Use

You are granted a limited, non-exclusive, non-transferable license to:

- Stream music for personal, non-commercial use only

- Access chat features during active subscription

- View content within the App interface

You may NOT:

- Download, copy, or distribute any content

- Use content for commercial purposes

- Create derivative works from our content

- Remove copyright notices or watermarks

- Share or redistribute content outside the App

7.3 Your Content

You retain ownership of content you submit (messages, photos, profile information). By submitting content, you grant us:

- A worldwide, non-exclusive, royalty-free license

- To use, reproduce, modify, and display your content

- For the purpose of operating and improving the App

- Until you delete your content or account

7.4 Content Responsibility

You are solely responsible for:

- Content you post or share

- Ensuring you have rights to share content

- Any consequences of posting content

- Backup of your own content

8. PRIVACY AND DATA COLLECTION

8.1 Information We Collect

We collect and process:

- Account information (email, name, display name)

- Chat messages and shared photos

- Subscription and payment data

- Profile photos and optional phone numbers

- Usage data and analytics

8.2 How We Use Data

- Provide and improve services

- Process subscriptions and payments

- Enable chat communications

- Send notifications and updates

- Comply with legal obligations

8.3 Data Protection

- We implement industry-standard security measures

- See our Privacy Policy for complete details

- We do not sell your personal information

9. MESSAGE VISIBILITY AND RETENTION

9.1 Subscription-Based Access

- Free users: No access to chat features

- Premium subscribers: Access to messages during active subscription only

- Expired subscriptions: No access to historical messages

- Artist/Admin: Full access to all messages for service management

9.2 Message Retention

- Messages are stored on our servers

- Available to you only during active subscription

- May be deleted after account termination

- We reserve the right to delete messages after reasonable retention period

10. NOTIFICATIONS

10.1 Push Notifications

We may send you push notifications for:

- New chat messages

- Subscription status updates

- Important account information

- New content releases

10.2 Notification Settings

You can manage notification preferences:

- In the App's Settings

- Through your device settings

- Disabling notifications may affect service functionality

11. TERMINATION

11.1 Your Right to Terminate

You may terminate your account at any time by:

- Using the "Delete Account" option in Settings

- Contacting support at contact@differentpersonmusic.com

- Account deletion is permanent and irreversible

11.2 Our Right to Terminate

We may suspend or terminate your account if you:

- Violate these Terms

- Engage in fraudulent activity

- Abuse or harass other users

- Use the App illegally

11.3 Effect of Termination

Upon termination:

- Your access to the App will cease immediately

- No refunds for remaining subscription time

- Your content may be deleted

- You must stop using the App

12. DISCLAIMERS

12.1 Service Availability

- The App is provided "AS IS" and "AS AVAILABLE"

- We do not guarantee uninterrupted or error-free service

- Features may be modified or discontinued

- Service may be temporarily unavailable for maintenance

12.2 Content Accuracy

- We do not warrant accuracy or reliability of content

- Music streaming quality may vary based on connection

- Chat delivery is not guaranteed instantaneous

12.3 No Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

- MERCHANTABILITY

- FITNESS FOR A PARTICULAR PURPOSE

- NON-INFRINGEMENT

- TITLE

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

13.1 We are NOT liable for:

- Indirect, incidental, or consequential damages

- Loss of profits, data, or business opportunities

- Service interruptions or errors

- Third-party content or actions

- Unauthorized access to your account

13.2 Maximum Liability

Our total liability shall not exceed the greater of:

- Amount you paid to us in the 12 months before the claim

- $100 USD

13.3 Exceptions

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Different Person and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

- Your use of the App

- Your violation of these Terms

- Your violation of any rights of others

- Your content posted on the App

15. DISPUTE RESOLUTION

15.1 Informal Resolution

Before filing a claim, contact us at contact@differentpersonmusic.com to resolve the dispute informally.

15.2 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

15.3 Arbitration

Any disputes will be resolved through binding arbitration rather than court, except:

- Small claims court matters

- Intellectual property disputes

- Injunctive relief requests

15.4 Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive the right to participate in class actions or class arbitrations.

16. MODIFICATIONS TO TERMS

16.1 Right to Modify

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

- Posting updated Terms in the App

- Sending an email notification

- Displaying an in-app notice

16.2 Acceptance of Changes

Your continued use of the App after changes constitutes acceptance of the new Terms. If you do not agree, you must stop using the App.

17. GENERAL PROVISIONS

17.1 Entire Agreement

These Terms constitute the entire agreement between you and Different Person regarding the App.

17.2 Severability

If any provision is found unenforceable, the remaining provisions will remain in effect.

17.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

17.4 Assignment

You may not assign these Terms. We may assign these Terms to any affiliate or successor.

17.5 Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control.

18. APPLE APP STORE REQUIREMENTS

If you download the App from the Apple App Store, you acknowledge that:

- These Terms are between you and Different Person, not Apple

- Apple has no obligation to provide support services

- Apple is not responsible for addressing claims

- Apple is a third-party beneficiary of these Terms

- You comply with Apple's App Store Terms of Service

19. FEEDBACK AND SUGGESTIONS

If you provide feedback, suggestions, or ideas about the App:

- We may use them without obligation to you

- You grant us a perpetual, worldwide license to use feedback

- We are not required to keep feedback confidential

20. CONTACT INFORMATION

For questions, concerns, or support:

Email: contact@differentpersonmusic.com

Email: contact@differson.net

Website: www.differson.net

Company Information:

Differson LLC

CEO: Jina Shim

21. ACKNOWLEDGMENT

By using the Different Person app, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy.

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© 2025 Different Person (Jina Shim) and Differson LLC. All rights reserved.

All content, music, and materials are owned by Different Person (Jina Shim).

Unauthorized use, distribution, or reproduction is strictly prohibited.

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