Terms and Conditions of Use

Last updated: November 24, 2025

These terms of use (hereinafter the "Terms") constitute a legally binding agreement between BRIGHT IMPACT GROUP INC., owner and operator of the Hōkū audio streaming platform accessible via the domain hoku.app (hereinafter the "Platform"), and you, user of the services. By accessing or using Hōkū, you agree to be bound by these Terms, as well as all related policies, including our Privacy Policy and Cookie Policy.

The Hōkū Platform is a digital audio streaming service designed to provide high-quality music, audiobooks, and curated audio experiences. Our mission, "Feed your mind with purpose," reflects our commitment to delivering meaningful and enriching content. Our services are reserved for individuals aged 14 and over, in compliance with Quebec's Law 25. If you are between 14 and 17 years old, you confirm that you have obtained permission from your parents or legal guardian to use the Platform. By proceeding with your registration, you confirm that you have reached the minimum required age and have the legal capacity to enter into contracts (or the necessary authorization). Any use by an unauthorized minor constitutes a violation of these Terms and may result in immediate deletion of the account concerned.

1. Acceptance and Compliance with Terms

By accessing Hōkū, whether via a computer, mobile phone, tablet or any other connected device, you agree to comply without reservation with these Terms. If you do not accept one or more provisions, you must immediately stop using the Platform. Continued use of our services, even after a modification of these Terms, constitutes acceptance of the new provisions. These Terms form the complete agreement between you and BRIGHT IMPACT GROUP INC. and prevail over any prior understanding or communication, oral or written.

2. Use of the Platform

2.1 Account creation and accuracy of information

To access the main features of Hōkū, including premium content and personalized recommendations, you must create a personal account. Registration is done via third-party authentication providers (e.g., Google). When registering, you commit to providing accurate, complete and up-to-date information. You are solely responsible for the confidentiality of your password and all activities carried out via your account. Any account sharing is prohibited. If you suspect fraudulent or unauthorized use, you must immediately inform us.

2.2 Acceptable use

The use of Hōkū must be done in compliance with laws, good morals and community values of respect and inclusion. Hōkū is designed for personal, non-commercial listening only. It is strictly forbidden to:

• Copy, download (except for authorized offline features), distribute, or publicly broadcast any content from Hōkū
• Use the platform for commercial purposes without explicit written permission
• Attempt to reverse-engineer, decompile, hack, or disrupt the service in any way
• Circumvent any access restrictions, DRM protections, or technical security measures
• Use automated systems (bots, scrapers) to access or extract content from the Platform
• Share your account credentials with others or create multiple accounts
• Upload, post, or transmit any malicious code, viruses, or harmful software

Any abusive use may result in suspension or permanent deletion of your account without prior notice or refund.

2.3 Content restrictions

No user-generated audio uploads are permitted on Hōkū. All content available on the Platform is exclusively published, curated, and managed by Hōkū's internal team or authorized administrators. Users do not have the ability to upload, publish, or share their own audio files. This ensures quality control and compliance with our content standards and licensing agreements.

2.4 User interactions and feedback

While you cannot upload audio content, you may interact with the Platform through features such as favorites, playlists, ratings, and comments (if available). Any feedback, suggestions, or content you submit (collectively "User Feedback") becomes the property of BRIGHT IMPACT GROUP INC. By submitting User Feedback, you grant us a worldwide, perpetual, irrevocable, royalty-free license to use, reproduce, modify, adapt, publish, and distribute such feedback for any purpose, including improving and promoting our services.

3. Data Security and Hosting

Hōkū is provided in the form of a web and mobile application (SaaS) hosted on international-level secure infrastructure, including secure cloud platforms and content delivery networks (CDNs). We apply robust technical and organizational measures to protect users' personal data: encryption (both in transit and at rest), access controls, security monitoring, regular backups, and compliance with industry standards. We only collect information necessary for the Platform's operation and we do not share your data with third parties outside the cases described in our Privacy Policy. Despite these precautions, you acknowledge that any data transmission over the Internet carries a residual risk and that absolute security cannot be guaranteed. By using Hōkū, you accept this risk.

4. Intellectual Property

All elements available on the Hōkū Platform — whether audio content, music, audiobooks, texts, slogans, logos, interfaces, icons, images, photographs, videos, graphic elements, source codes, software, databases, algorithms, or any other digital content — are protected by national and international laws relating to intellectual property, including copyright, trademark, and patent laws. These elements remain the exclusive property of BRIGHT IMPACT GROUP INC., its content creators, or its licensors.

You are granted a limited, personal, non-exclusive, non-transferable, revocable license to access and stream the content solely for your personal, non-commercial use. You are not authorized to reproduce, distribute, modify, translate, publish, adapt, display, transmit, sell, create derivative works from, or exploit these contents in any manner without our prior written authorization. Any unauthorized use constitutes a violation of our intellectual property rights and may give rise to civil and/or criminal proceedings, as well as immediate termination of your access to the Platform.

5. AI-Generated Content

5.1 Catalog composition and creation process

The Hōkū Sound Platform features a catalog of 300+ songs created using artificial intelligence (AI) via Suno AI (paid Pro/Premier plans). All songs have been created and curated by Marc. These works are original in accordance with Suno AI's terms of service, but are generated by AI and not by traditional human recordings. They may exhibit stylistic similarities with existing music, without any intention to copy.

5.2 Subscription and usage rights

By subscribing to a paid subscription, you obtain a personal, non-exclusive, non-transferable license to:

• Stream and listen to songs in the catalog for personal use
• Prohibition: You have no right to redistribute, resell, upload to other platforms (Spotify, YouTube, etc.), synchronize commercially, or commercially exploit the songs without written authorization from Hōkū Sound. Any violation may result in immediate termination of your subscription and legal action.

5.3 AI generation and intellectual property rights

The songs are generated by AI via Suno AI (paid plans), which grants us perpetual commercial use rights according to their terms (available at suno.com/terms-of-service, last updated November 2025). We do not guarantee that the songs are free from any third-party claims (e.g., similarity to works protected by copyright). While Suno affirms that outputs are original, due to the nature of AI generation, a theoretical risk exists.

Limitation of liability: Hōkū Sound is not responsible for third-party claims related to content (copyright, image rights, etc.). You use the songs at your own risk. We provide no warranty of non-infringement or the possibility of full copyright registration.

If a song is subject to a valid third-party claim, we may remove it from the catalog without prior notice or refund.

5.4 Modification and service discontinuation

We may modify, suspend, or remove songs or the service at any time. No refunds will be provided for subscriptions already paid, except in exceptional circumstances.

6. Financial Conditions, Payments and Refunds

Hōkū operates on a freemium business model: certain content is available for free, while premium content and features require a paid subscription. Access to premium services requires payment of the applicable subscription fee, which is clearly displayed before any transaction.

6.1 Subscription plans

We offer various subscription options, which may include monthly, annual, or one-time payment plans. Each plan provides specific benefits, which are detailed on our pricing page. Premium subscriptions unlock:

• Full access to our entire audio library, including exclusive and premium content
• Ad-free listening experience
• Offline playback capabilities (where available)
• Enhanced audio quality
• Priority customer support

6.2 Payment processing

By proceeding with payment, you commit to paying the full amount due using a valid and authorized payment method. All transactions are processed via secure payment service providers (e.g., Stripe) compliant with international financial data protection standards (PCI-DSS). BRIGHT IMPACT GROUP INC. does not directly store sensitive information relating to your payment method (such as complete credit card numbers).

6.3 Automatic renewal

Unless otherwise specified, all paid subscriptions automatically renew at the end of each billing cycle (monthly or annually) at the then-current subscription price. You will be charged automatically unless you cancel your subscription before the renewal date. You can manage your subscription and turn off auto-renewal at any time through your account settings or by contacting our support team.

6.4 Refund policy

We offer a 14-day refund policy following the initial purchase date: if you are not satisfied with your subscription, you can request a full refund within this period by contacting our support team. After this 14-day period, no refund will be granted for the current billing cycle, except as required by applicable law in your jurisdiction. Refunds are not provided for partial subscription periods or unused portions of a subscription term. For the full refund procedure, see our Refund Policy.

6.5 Price changes

BRIGHT IMPACT GROUP INC. reserves the right to adjust subscription prices or to introduce new pricing models in the future. In case of a price increase for your existing subscription, you will be notified at least 30 days in advance via email or through the Platform. The new pricing will take effect at your next renewal date. You will have the opportunity to accept the new pricing or to cancel your subscription before the increase takes effect. Continued use of the service after the price change constitutes acceptance of the new pricing.

6.6 Taxes

All prices are stated exclusive of applicable taxes unless otherwise indicated. You are responsible for paying any applicable sales tax, VAT, GST, or other taxes associated with your subscription, unless BRIGHT IMPACT GROUP INC. is legally required to collect such taxes, in which case they will be added to your invoice.

7. Technical Limits and Special Services

Hōkū evolves continuously. We may add, modify, remove, or discontinue certain features, content, or services without prior notice. It is possible that certain technical limitations apply, such as:

• Maximum number of devices that can access your account simultaneously
• Download limits for offline content
• Bandwidth or streaming quality restrictions based on your connection
• Geographic availability of certain content due to licensing restrictions
• Storage limitations for playlists or favorites

We may also offer features in beta version, experimental services, or free trial periods. These services are provided "as is," without warranty of availability, performance, or compatibility, and may be modified or discontinued at any time. Beta features may contain bugs or errors and should not be relied upon for critical purposes.

8. Responsibilities, Risks and Limitations

8.1 Service availability

Hōkū is provided "as is" and "as available." We strive to maintain high availability and performance, but we do not guarantee uninterrupted, timely, secure, or error-free service. The Platform may be temporarily unavailable due to maintenance, updates, technical difficulties, or circumstances beyond our control.

8.2 No warranty

To the maximum extent permitted by applicable law, BRIGHT IMPACT GROUP INC. makes no warranties, express or implied, regarding the Platform, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, or non-infringement
• Accuracy, reliability, or completeness of content
• Compatibility with your devices or software
• Continuous availability of specific content, as licensing agreements may change
• Freedom from viruses, malware, or other harmful components

8.3 Limitation of liability

To the fullest extent permitted by law, BRIGHT IMPACT GROUP INC., its founders, officers, directors, employees, contractors, and partners shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to:

• Your use or inability to use the Platform
• Any loss of data, revenue, or profits
• Service interruptions or technical failures
• Unauthorized access to or alteration of your transmissions or data
• Content provided by third parties
• Any other matter relating to the Platform

In no event shall our total liability exceed the amount you paid to us in the twelve (12) months preceding the event giving rise to the liability, or one hundred dollars ($100), whichever is greater.

8.4 Indemnification

You agree to defend, indemnify, and hold harmless BRIGHT IMPACT GROUP INC., its officers, directors, employees, contractors, and partners, from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Your misuse of the Platform
• Any fraudulent or illegal activities conducted through your account

9. Account Management and Suspension

BRIGHT IMPACT GROUP INC. reserves the right to suspend, restrict, or permanently delete your account if:

• You violate these Terms or any applicable law
• You engage in fraudulent activities or payment disputes
• You attempt to circumvent security measures or access restrictions
• You use the Platform in a manner that harms our services or other users
• Your account has been inactive for an extended period
• We are required to do so by law or legal process

In case of suspension or termination, you will be notified of the reasons when feasible. We reserve the right to refuse service to anyone for any reason at any time. You can at any time deactivate or delete your account via your account settings or by contacting our support team. Upon account deletion, your personal data will be handled in accordance with our Privacy Policy and applicable data protection regulations.

10. Content Availability and Changes

The content available on Hōkū may vary over time due to licensing agreements, rights acquisitions, content removals, or editorial decisions. We do not guarantee the permanent availability of any specific audio content, and we reserve the right to remove or modify content at any time without prior notice. Some content may be subject to geographic restrictions based on licensing agreements.

11. Links to Third-Party Sites

The Hōkū Platform may include links leading to websites, services, or content operated by independent third parties. These links are provided solely for informational and practical purposes, to facilitate your navigation or enhance your experience. Hōkū exercises no control over these external sites and assumes no responsibility for their content, accuracy, security, privacy practices, or legal compliance.

The fact that we include a link does not mean that we endorse or validate the content, products, services, or practices of that third party. You access these external sites entirely at your own risk and it is your responsibility to carefully read their own terms and conditions as well as their privacy policies before engaging with them.

12. Digital Millennium Copyright Act (DMCA) Compliance

BRIGHT IMPACT GROUP INC. respects intellectual property rights and expects users to do the same. If you believe that content on Hōkū infringes your copyright, please notify us in accordance with the Digital Millennium Copyright Act (DMCA) by providing our designated copyright agent with the following information:

• A physical or electronic signature of the copyright owner or authorized representative
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing and its location on the Platform
• Your contact information (address, telephone number, email address)
• A statement that you have a good faith belief that the disputed use is not authorized
• A statement that the information provided is accurate and that you are authorized to act on behalf of the copyright owner

Please send DMCA notices to: support@hokusound.com

13. Export Controls and Sanctions

You agree to comply with all applicable export control laws and regulations. You represent that you are not located in, under the control of, or a national or resident of any country to which the United States or other relevant jurisdiction has embargoed goods or services. You will not use the Platform if you are prohibited from receiving products, services, or software under applicable law.

14. Modifications to Terms

BRIGHT IMPACT GROUP INC. may update, modify, or replace these Terms of Use at any time, in particular to reflect legislative changes, technological developments, or adjustments in our services and business model. Any significant modification will be announced via the Platform or by email to the address associated with your account. The new version of the Terms will come into force as soon as it is published on the Platform or on the effective date specified in the notification.

By continuing to use Hōkū after the publication of modified Terms, you confirm your full and complete acceptance of the new provisions. If you do not accept the modifications, you must immediately stop using the Platform and, if applicable, request deletion of your account. Your continued use constitutes your agreement to be bound by the revised Terms.

15. Applicable Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Province of Québec, Canada, without regard to its conflict of law principles. Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts located in Québec, Canada.

In case of a dispute related to the interpretation or application of these Terms, we first encourage an amicable resolution through direct dialogue and, if necessary, mediation. If no amicable solution is found within a reasonable timeframe, the dispute will be brought before the competent courts of Québec, which will have exclusive jurisdiction, except where prohibited by applicable law.

16. Severability and Waiver

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions shall continue in full force and effect.

The failure of BRIGHT IMPACT GROUP INC. to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of BRIGHT IMPACT GROUP INC.

17. Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of BRIGHT IMPACT GROUP INC., but may be assigned by BRIGHT IMPACT GROUP INC. without restriction. Any attempted transfer or assignment by you in violation of this provision shall be null and void.

18. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any other legal notices or policies published by us on the Platform, constitute the entire agreement between you and BRIGHT IMPACT GROUP INC. regarding the use of Hōkū and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

19. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, or if you wish to report a violation, please contact us at support@hokusound.com.

20. Acceptance of Terms

By creating an account, accessing, or using the Hōkū Platform, you acknowledge that you have carefully read, understood, and accepted all of these Terms of Service, as well as our Privacy Policy and all applicable complementary rules or policies. This agreement constitutes the entire contract between you and BRIGHT IMPACT GROUP INC. regarding the use of the Platform.

Your Hōkū account is personal and non-transferable. All rights associated with your account terminate upon your death or account closure, except as otherwise required by applicable law. No partnership, joint venture, employment, agency, or fiduciary relationship is created between you and BRIGHT IMPACT GROUP INC. as a result of these Terms or your use of the Platform.