End User License Agreement (EULA)

AudioSight End User License Agreement (EULA)

IMPORTANT NOTICE – PLEASE READ CAREFULLY:
This End User License Agreement (“Agreement” or “EULA”) is a legal agreement between you (either an individual or a single entity) and the Developer of AudioSight (“Developer”, “Licensor”, “we”, or “us”) for the AudioSight software product (“Software”). By installing, registering an account, purchasing a subscription, or otherwise using the Software, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not install or use the Software.

1. Grant of License

Subject to your continuous compliance with this Agreement, the Licensor grants you a non-exclusive, non-transferable, limited license to install and use the Software on your device(s). The Software requires an internet connection for account registration and license validation.

2. Account, Versions, and Features (Core Terms)

The Software operates on a cloud-based authentication and dynamic feature configuration model.

2.1 Version Tiers
The Software provides different version tiers (e.g., a “Standard Version” available upon registration, and a “Premium Version” requiring purchase/subscription).

2.2 Dynamic Configuration
Access to specific feature modules (e.g., spectrum analysis, signal generator, EQ correction) based on your account tier is dynamically configured and managed by the Licensor via cloud servers. The Licensor reserves the right to adjust the account tier required for any feature at any time, provided that for users who have purchased a subscription or Premium Version, the core features promised at the time of purchase will not be downgraded or removed during your active subscription period. The Licensor also reserves the right to run “free-for-all” promotional periods (where all premium features are temporarily free), especially during the early stages of the Software release.

2.3 Free User Rights
For Standard (Free) users, the scope of currently available features is strictly subject to the real-time cloud configuration provided by the Software. The Licensor makes no commitment that any specific feature will remain permanently free. After a promotional free period ends, certain features may be restricted to Premium users.

2.4 Paid/Subscribed User Rights
For users who purchase or subscribe to the “Premium Version” or other paid tiers, your core entitlement consists of the feature modules explicitly promised by the official website at the time of your purchase/subscription. You are also entitled to any future features added to your respective tier.

2.5 Account Restrictions
Your account is for your personal use only. You may not rent, lease, lend, share, or transfer your account. If abnormal login behavior is detected (e.g., frequent alternating logins across multiple devices within a short period, such as more than 3 different devices within 24 hours), the Licensor reserves the right to suspend or ban the account.

3. Restrictions on Use

You shall not, and shall not permit any third party to:

3.1 Reverse engineer, decompile, disassemble, translate, or otherwise attempt to derive the source code of the Software;
3.2 Modify, adapt, create derivative works based on the Software, or remove/obscure any copyright, trademark, or other proprietary notices;
3.3 Use the Software for any illegal purpose or to infringe upon the legal rights of any third party (including but not limited to copyright, privacy, and trade secrets);
3.4 Resell, rent, lease, sublicense, distribute, transfer, or otherwise provide access to the Software (both free and paid versions) to third parties;
3.5 Use the Software to build a competitive product/service, or use it for commercial hosting or SaaS (Software-as-a-Service) purposes;
3.6 Bypass, disable, or defeat any technical limitations, license validation mechanisms, or security features of the Software;
3.7 Use automated scripts, bots, or crawlers to mass-register accounts or interfere with the normal operation of the Software;
3.8 Use the measurement data or exported configurations provided by the Software for false advertising, fraud, or misleading others for commercial gain.

4. Intellectual Property

4.1 The Software, including all source code, UI design, test signals, audio analysis, correction algorithms, and charts, is the intellectual property of the Licensor.
4.2 You are only granted a right to use the Software as expressly permitted herein. No ownership or intellectual property rights are transferred to you.
4.3 The Software may contain third-party open-source components, which are governed by their respective open-source licenses. The Licensor has listed the relevant open-source components and their licenses in the Software documentation or “About” page. In the event of a conflict between this EULA and an open source license, the open source license shall prevail for the relevant component.

5. Special Warning for Audio Testing & Disclaimer (Important)

AS THIS SOFTWARE INVOLVES PROFESSIONAL ACOUSTIC MEASUREMENT, TEST SIGNAL GENERATION (E.G., SINE SWEEPS, PINK NOISE), AND EQ CORRECTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• Risk of Hardware Damage: Playing test signals at high volumes or applying extreme/improper EQ gain can easily cause severe damage or burnout to your hardware, including loudspeakers, headphones, and amplifiers. You are solely responsible for setting your system volume to the lowest level before measurement and gradually increasing it to a safe level. The Licensor shall not be liable for any hardware damage caused by the use of this Software.
• Hearing Protection Warning: Prolonged exposure to high sound pressure levels (SPL) may cause permanent hearing loss. Please wear appropriate hearing protection or leave the acoustic testing area. The Licensor assumes no liability for your hearing health or personal injury.
• Measurement Accuracy: The acoustic analysis data and EQ correction suggestions provided by the Software are highly dependent on your microphone accuracy and acoustic environment. They are for reference only. The Licensor does not guarantee absolute accuracy or the achievement of specific acoustic effects.

6. Privacy and Network Connection

6.1 The Software requires an internet connection to verify your account status, retrieve your version tier, and pull the latest cloud configuration. The Software requires periodic online verification. If you cannot connect for an extended period, certain features may be disabled until verification succeeds.
6.2 To validate licenses and improve the product, we will collect your account information, basic device identifiers (e.g., hardware MAC/ID), and crash logs. We will NOT actively collect or upload your private audio or measurement data, unless you voluntarily upload it using a cloud storage feature. “Private audio data” means any audio file or stream that you did not explicitly choose to share via the cloud storage feature.
6.3 Data may be stored on international servers (including in Japan) to facilitate global access. For users in the EU, we commit to complying with the basic requirements of the GDPR and providing appropriate safeguards when processing personal data.
6.4 Data Retention and Deletion: Upon termination of your account or this Agreement, we will delete your account information and associated data in accordance with our Privacy Policy.

7. Updates and Amendments

7.1 Software Updates
The Licensor reserves the right to release updates, patches, feature enhancements, or bug fixes. Some updates may be mandatory to continue using the Software (especially those related to security or legal compliance).
7.2 Agreement Amendments
The Licensor may modify this Agreement when necessary. The modified Agreement will be published within the Software or on the official website. For free users, continued use of the Software after the effective date of the amendment constitutes acceptance of the modified Agreement. For paid/subscribed users, if the amendment involves a material adverse change to your rights (e.g., removal of a core feature you subscribed for), the Licensor will notify you at least 30 days in advance via email or in-app notice, and such change will take effect at the end of your then-current subscription period. If you do not accept the change, you may choose not to renew.

8. Disclaimer of Warranties

8.1 THE SOFTWARE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND COMPATIBILITY WITH YOUR HARDWARE/OS/DRIVERS. THE LICENSOR DOES NOT WARRANT THAT THE CLOUD VALIDATION SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
8.2 Acoustic Measurement Results
The audio analysis, SPL readings, and EQ calculations provided by the Software are for reference and auxiliary purposes only and DO NOT constitute professional acoustic certification. You should not rely solely on the Software’s output for critical decisions (e.g., product certification, medical diagnosis, legal evidence).
8.3 Third-Party Hardware/Software
The Software may be used in conjunction with third-party audio interfaces, ASIO drivers, or plugins. The Licensor is not responsible for compatibility issues, performance degradation, data loss, or device damage caused by third-party products.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, OR HARDWARE DAMAGE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SOFTWARE.
IN ANY CASE, THE LICENSOR’S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE/SUBSCRIPTION.
THIS LIMITATION DOES NOT APPLY TO DEATH OR PERSONAL INJURY CAUSED BY THE LICENSOR’S NEGLIGENCE, OR TO ANY LIABILITY THAT CANNOT BE EXCLUDED BY LAW.

10. Termination

If you breach any term of this Agreement (e.g., using unauthorized, modified, or pirated versions of the Software, or sharing your account), this Agreement will terminate automatically, and the Licensor has the right to immediately revoke your account and license. If termination results from your breach, any fees paid are non-refundable.
Upon termination, the provisions that by their nature should survive (including but not limited to Sections 3, 4, 5, 8, 9, 11, and 12) shall remain in full force and effect.

11. Miscellaneous

11.1 Entire Agreement
This Agreement constitutes the entire agreement between you and the Licensor regarding the Software and supersedes all prior or contemporaneous oral or written communications.
11.2 Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
11.3 No Waiver
The failure of the Licensor to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision.
11.4 Assignment
You may not assign or transfer this Agreement or your rights hereunder without the prior written consent of the Licensor. The Licensor may assign this Agreement freely.
11.5 Export Control
You agree to comply with all applicable export control laws and regulations.
11.6 Age Restriction
You affirm that you are at least 18 years of age, or if you are under 18, you have obtained parental or guardian consent to enter into this Agreement.

12.Governing Law and Dispute Resolution

12.1 This Agreement shall be governed by and construed in accordance with the laws of the People’s Republic of China, without regard to its conflict of law principles.
12.2 Any dispute arising from or relating to this Agreement shall first be settled through friendly negotiation; if no settlement can be reached, either party shall submit the dispute to the exclusive jurisdiction of the Yuelu District People’s Court in Changsha City, Hunan Province, China. The parties agree that this court shall have exclusive jurisdiction.
12.3 For users located outside the People’s Republic of China, you agree that the governing law and jurisdiction set forth above shall apply notwithstanding any different provisions in your local laws. If you believe that mandatory consumer protection laws in your jurisdiction grant you additional rights, you may consult local law, but you shall not initiate any legal proceeding against the Licensor outside the People’s Republic of China based on such laws.

13. Contact Us

Email: [email protected]
Website: www.audiosight.top