End User License Agreement

7.1 Trial Duration

The Trial Period begins on first launch and lasts for 21 calendar days.

7.2 Trial Features

During the Trial Period, You have access to all Software features without restriction for evaluation purposes.

7.3 Trial Limitations

The Trial License is for evaluation purposes only and should not be used for production work, critical projects, or professional engagements.

7.4 Post-Trial Access and Data Retention

After the Trial Period expires:

• You may continue to use the Software in the AudioMap Lite (free) tier, which provides basic measurement functionality with reduced capabilities
• Access to paid-tier features (Essentials, Standard, and Professional) requires purchase of a corresponding license
• Project files are stored locally on Your machine. The Software does not retain copies of Your project data and does not delete or restrict access to local project files based on license status
• Project files may contain data created using paid-tier features. If You transition from a paid tier to Lite (free), the underlying project data persists locally, but features required to view, modify, or export that data may be gated until a paid license is reactivated
• Re-activating or upgrading to a paid tier restores access to any previously-created project data tied to gated features

7.5 No Automatic Charges

The Trial Period does not automatically convert to a paid license. No credit card is required for the trial, and You will not be automatically charged.

7.6 One Trial Per User

You are entitled to one Trial Period per individual. Creating multiple accounts or using technical measures to circumvent trial limitations violates this Agreement.

8.1 Automatic Updates

The Software may automatically download and install updates. You consent to this automatic update mechanism, which uses the Sparkle framework.

8.2 Update Acceptance

By installing updates, You agree to be bound by this Agreement as it may be amended. If You do not agree to amended terms, You must stop using the Software.

8.3 No Obligation

Licensor is not obligated to provide updates, but may do so at its sole discretion.

8.4 Major Version Updates

Updates within the same major version (e.g., 1.x to 1.y) are included with your license. Major version upgrades (e.g., 1.x to 2.x) may require a new license purchase or upgrade fee.

8.5 Pre-Release Software

If You participate in beta, alpha, or pre-release programs:

• Pre-release software is provided "AS IS" without warranty of any kind
• Pre-release software may be unstable, contain bugs, or corrupt data
• Pre-release software should NOT be used for production work
• Licensor may discontinue pre-release programs at any time without notice
• Pre-release software may collect additional diagnostic data
• By using pre-release software, You accept these additional risks

11.1 Privacy Policy

Your use of the Software is also governed by our Privacy Policy, available at https://audiomap.io/privacy

11.2 Analytics Data Collection

The Software collects anonymous usage analytics to improve features and user experience. This includes:

• Feature usage statistics (which features are used and how often)
• Performance metrics (startup time, processing speed)
• Crash reports and error logs
• Session duration and frequency
• Software version and operating system information
• General hardware specifications (CPU type, RAM, screen resolution)

11.3 Licensing Data Collection

For license management and activation, we collect:

• Email address
• Name (first and last)
• Machine fingerprint (hardware identifier)
• License key and activation status
• Activation dates and history
• IP address during activation

11.4 No Personal Audio Data

Licensor does NOT collect, store, or transmit:

• Your audio measurements or project files
• Audio recordings or captured sound data
• Client information or project details
• Location data from measurements

11.5 Opt-Out

You may disable analytics collection in the Software settings (Settings > Privacy > Analytics). Note that disabling analytics may limit our ability to provide technical support.

11.6 Data Retention

• Analytics data: Retained for up to 2 years for product improvement
• Licensing data: Retained for the duration of your license plus 7 years for legal/accounting purposes
• Crash reports: Retained for up to 1 year
• You may request deletion of your personal data at any time by contacting privacy@audiomap.io

11.7 Data Portability

Upon request, we will provide your licensing and account data in a machine-readable format.

11.8 International Data Transfers

Data may be stored on servers located in Australia, the United States, or other countries. By using the Software, You consent to such international transfers in accordance with applicable data protection laws.

13.1 Informal Resolution

Before filing any formal claim, You agree to contact us at legal@audiomap.io and attempt in good faith to resolve the dispute informally for at least thirty (30) days.

13.2 Arbitration (Business Users Only)

For Business Users, disputes shall be resolved by binding arbitration as follows:

(a) Arbitration Agreement: Any dispute, claim, or controversy arising out of or relating to this Agreement or the Software shall be settled by binding arbitration administered by the American Arbitration Association (AAA) or the Australian Centre for International Commercial Arbitration (ACICA), at Licensor's option.

(b) Arbitration Rules: The arbitration shall be conducted under the Commercial Arbitration Rules of the selected organization.

(c) Location: Arbitration proceedings shall be conducted in Sydney, New South Wales, Australia, or Wilmington, Delaware, United States, at Licensor's option, or remotely via videoconference.

(d) Arbitrator Authority: The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

(e) Costs: Each party shall bear their own costs and attorneys' fees. The arbitrator may award costs to the prevailing party where permitted by law.

(f) No Class Arbitration: Arbitration must be on an individual basis. No class arbitrations are permitted.

13.3 Consumer Rights Preserved

If You are a Consumer:

• You retain all rights under applicable consumer protection laws
• You may pursue disputes in small claims court or consumer tribunals
• You may opt into arbitration voluntarily but are not required to do so
• Nothing in this Section limits your statutory rights

13.4 Class Action Waiver (Where Permitted by Law)

Note: This class action waiver does NOT apply to Consumers in jurisdictions where such waivers are prohibited by law (including Australia, the European Union, and certain US states).

13.5 Exceptions to Arbitration

Either party may seek injunctive or equitable relief in court for:

• Intellectual property violations
• Breach of confidentiality
• Unauthorized use or distribution of the Software
• Emergency relief pending arbitration

13.6 Severability

If any portion of this Section is found to be unenforceable, the remainder shall continue in effect, except that if the class action waiver is found unenforceable, the arbitration agreement shall be void and disputes shall proceed in court.

14.1 Termination by You

You may terminate this Agreement at any time by uninstalling and destroying all copies of the Software in Your possession.

14.2 Termination by Licensor

Licensor may terminate this Agreement immediately upon notice if You:

• Breach any term of this Agreement
• Use the Software unlawfully or for prohibited purposes
• Exceed installation or usage limits
• Share, sell, or misuse Your License Key
• Fail to pay any fees owed
• Engage in piracy or license circumvention

14.3 Effect of Termination

Upon termination:

• Your license rights immediately cease
• You must immediately uninstall and destroy all copies of the Software
• Licensor may deactivate Your License Key
• Sections 4, 5, 6, 10, 12, 13, and 15 survive termination
• Your project data will be retained for 30 days, then may be deleted after notification

14.4 Refund Policy

A. Consumers (All Jurisdictions):

Consumers may be entitled to refunds under applicable consumer protection laws. Contact support@audiomap.io with proof of purchase and details of the problem.

Refunds are generally available within fourteen (14) days of purchase if:

• The Software fails to launch or install on a supported system despite reasonable troubleshooting
• Critical features advertised on our website are non-functional
• The Software materially differs from its description on our website
• The Software is fundamentally defective and cannot be repaired

Refunds are generally NOT available for:

• Personal preference or change of mind
• Competitor comparisons ("I like another product better")
• Trial license expiration (free evaluation period provided)
• User error, lack of training, or unfamiliarity with audio measurement concepts
• Incompatibility with unsupported systems
• Requests made more than 30 days after purchase (except where local law requires longer)

B. Business Users:

For Business Users, refunds are issued at Licensor's sole discretion for legitimate technical defects within fourteen (14) days of purchase. Contact support@audiomap.io with:

• Proof of purchase
• Detailed description of the defect
• Steps to reproduce the issue
• Evidence that the defect prevents use of core functionality

C. Trial Licenses: Not eligible for refunds (free evaluation period provided).

D. Refund Processing: Approved refunds will be issued within fourteen (14) business days to the original payment method. Refunds are provided in the original currency of purchase.

E. Jurisdiction-Specific Rights: For jurisdiction-specific refund rights, see the appendices.

15.1 Third-Party Components

The Software incorporates third-party software components that are subject to their respective licenses. Your use of the Software constitutes acceptance of these third-party licenses.

15.2 Open Source Software

The Software includes open source components licensed under various terms, including:

• JUCE Framework - Dual licensed under GPL v3 and commercial license
• Sparkle Framework - MIT License
• PostHog - MIT License
• vDSP (Apple Accelerate) - Apple Software License Agreement
• Additional components listed in Appendix B

15.3 License Texts

Full license texts and required attributions are available in the Software under Help > About > Third-Party Licenses, and in Appendix B of this Agreement.

15.4 GPL Compliance

Components licensed under the GNU General Public License (GPL) are used under JUCE's commercial license exception. If you have questions about GPL compliance, contact legal@audiomap.io.

15.5 No Warranty for Open Source

Open source components are provided "AS IS" without warranty from their respective authors, in accordance with their license terms.

15.6 Required Notices

JUCE: Copyright © Raw Material Software Limited. Licensed under GPL v3 / Commercial License.

Sparkle: Copyright © Andy Matuschak and contributors. Licensed under MIT License.

PostHog: Copyright © PostHog, Inc. Licensed under MIT License.

For complete third-party attributions, see Appendix B.

16.1 Compliance Audits

Licensor reserves the right to audit Your compliance with the installation and usage limitations specified in this Agreement.

16.2 Audit Notice

Licensor will provide at least fourteen (14) days' written notice before conducting an audit.

16.3 Audit Cooperation

Upon request, You agree to:

• Provide reasonable proof of compliance with license limits
• Cooperate with audit procedures
• Allow inspection of installation records (remotely or on-site)
• Provide access to machines where the Software is installed (with reasonable notice)

16.4 Audit Costs

You will bear the costs of the audit if it reveals non-compliance of more than five percent (5%) of Your licensed installations. Otherwise, Licensor bears audit costs.

16.5 Remedies for Non-Compliance

If an audit reveals unauthorized use, You must:

• Immediately purchase licenses to cover the shortfall
• Pay Licensor's reasonable costs for the audit
• Cease any unauthorized use immediately

16.6 Consumer Exemption

Audit rights do not apply to Consumers using the Software for personal, domestic, or household purposes.

17.1 Export Controls

The Software and related technical data may be subject to export control laws and regulations, including those of Australia, the United States, the European Union, and other jurisdictions.

17.2 Export Restrictions

You agree not to export, re-export, transfer, or make available the Software or technical data, directly or indirectly, to:

• Any prohibited country, territory, or region subject to comprehensive sanctions
• Any individual or entity on government-restricted party lists (including but not limited to the US Denied Persons List, Entity List, Specially Designated Nationals List, or equivalent lists maintained by Australia, the EU, or other jurisdictions)
• Any end-user engaged in activities related to weapons of mass destruction, including nuclear, chemical, or biological weapons, or missile technology

17.3 Compliance Certification

You represent and warrant that:

• You are not located in, under the control of, or a national or resident of any prohibited jurisdiction
• You are not listed on any government-restricted party list
• You will not use the Software for any prohibited purpose
• You will comply with all applicable export control laws and regulations

17.4 User Responsibility

You are solely responsible for compliance with export control laws in your jurisdiction and in any jurisdiction where you use the Software.

18.1 Entire Agreement

This Agreement, together with the Privacy Policy and appendices, constitutes the entire agreement between You and Licensor regarding the Software and supersedes all prior agreements, communications, and understandings, whether oral or written.

18.2 Amendments

Licensor may amend this Agreement at any time by:

• Posting the amended terms on its website (https://audiomap.io/eula)
• Providing notice within the Software
• Emailing notice to Your registered email address

Continued use of the Software after such notice constitutes acceptance of the amended terms. If You do not agree to amended terms, You must stop using the Software and may be entitled to a pro-rata refund for any unused portion of a term license.

18.3 Governing Law and Jurisdiction

A. For Customers in the United States:

This Agreement shall be governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Disputes shall be subject to the exclusive jurisdiction of the state and federal courts located in New Castle County, Delaware (subject to Section 13 dispute resolution procedures).

B. For Customers in Australia:

This Agreement shall be governed by the laws of New South Wales, Australia. Disputes shall be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia (subject to Section 13 dispute resolution procedures).

C. For Customers in Other Countries:

This Agreement shall be governed by the laws of New South Wales, Australia. Disputes shall be subject to the non-exclusive jurisdiction of the courts of New South Wales, Australia (subject to Section 13 dispute resolution procedures).

D. Consumer Rights Preservation:

Nothing in this clause limits Your rights to bring proceedings in any other court of competent jurisdiction or Your rights under applicable consumer protection laws. Consumers in the European Union may bring proceedings in their local courts as provided by EU Regulation 1215/2012.

18.4 Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. Invalid provisions shall be interpreted to achieve the parties' intent to the maximum extent permitted by law, or if that is not possible, shall be deemed replaced by valid provisions that most closely reflect the parties' intent.

18.5 Waiver

No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver unless expressly provided in writing. Failure to enforce any provision shall not constitute a waiver of that provision or any other provision.

18.6 Assignment

You may not assign, transfer, or delegate this Agreement or any rights or obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without Licensor's prior written consent. Any attempted assignment in violation of this provision shall be void. Licensor may freely assign this Agreement without restriction. This Agreement shall be binding upon and inure to the benefit of the parties' permitted successors and assigns.

18.7 No Third-Party Beneficiaries

This Agreement does not and is not intended to create any rights, remedies, or benefits of any kind in favor of any person or entity other than the parties hereto. No person or entity shall be a third-party beneficiary of this Agreement.

18.8 Force Majeure

Licensor shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

18.9 Language

This Agreement is written in English. Any translation is provided for convenience only. In case of any conflict between the English version and any translation, the English version shall prevail and control.

18.10 Government Use

If You are a government entity or government contractor, the Software is "commercial computer software" and "commercial computer software documentation" as those terms are defined in applicable government acquisition regulations (including FAR 12.212 and DFARS 227.7202). The Software is provided with only those rights granted to all other end users pursuant to the terms and conditions of this Agreement.

18.11 Equitable Relief

You acknowledge that any breach of Sections 3 (Restrictions), 4 (Intellectual Property), or 16 (Audit Rights) may cause irreparable harm to Licensor for which monetary damages would be an inadequate remedy. Accordingly, in addition to any other remedies available at law or in equity, Licensor shall be entitled to seek injunctive relief without the necessity of posting a bond.

18.12 Survival

The following Sections shall survive termination of this Agreement: 4 (Ownership), 5 (Audio Equipment Disclaimer), 6 (Measurement Accuracy), 10 (Limitation of Liability), 11 (Privacy - data retention provisions), 12 (Indemnification), 13 (Dispute Resolution), 15 (Third-Party Software), 17 (Export Compliance), and 18 (General Provisions).

18.13 Headings

Section headings are for convenience only and shall not affect the interpretation of this Agreement.

18.14 Electronic Signatures

You agree that Your installation and use of the Software constitutes Your electronic signature and acceptance of this Agreement under applicable electronic signature laws (including the US ESIGN Act and similar laws in other jurisdictions).

A.1 Australian Consumer Law Guarantees

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law (Schedule 2 of the Competition and Consumer Act 2010 (Cth)).

Under the Australian Consumer Law, You have certain rights and remedies that cannot be excluded, restricted or modified by this Agreement. These Consumer Guarantees include:

• The Software is of acceptable quality
• The Software is fit for any purpose made known to us or that it is reasonable to expect
• The Software matches any description or demonstration provided
• We have clear title to the Software
• You will have undisturbed possession of the Software
• Services (including support) are provided with due care and skill
• Services are fit for purpose
• Services are provided within a reasonable time

A.2 Remedies for Failure

Major Failure:

If there is a major failure with the Software or services, You are entitled to:

• Cancel this Agreement; and
• A refund for the unused portion, or compensation for its reduced value

A major failure occurs when:

• The Software has a problem that would have stopped You from buying it if You had known about it
• The Software is substantially unfit for its common purpose and cannot easily be fixed within a reasonable time
• The Software is unsafe

Non-Major Failure:

If the failure is not a major failure, You are entitled to:

• Have the problem rectified within a reasonable time; and
• If not fixed within a reasonable time, cancel the Agreement and obtain a refund for the unused portion

A.3 Compensation for Losses

You are also entitled to be compensated for any other reasonably foreseeable loss or damage resulting from a failure to comply with a Consumer Guarantee.

A.4 Liability Limitations Do Not Apply

To the extent that liability cannot be excluded under the Australian Consumer Law:

• The liability limitations in Section 10 do not apply to Australian Consumers for failures to comply with Consumer Guarantees
• We remain liable for failure to comply with Consumer Guarantees
• Our liability for breach of Consumer Guarantees is limited only to the extent permitted by the Australian Consumer Law

Where the Australian Consumer Law permits us to limit our liability, our liability is limited to (at our option):

• In the case of goods: repair, replacement, or refund
• In the case of services: re-supply of services or payment for re-supply

A.5 Making a Claim

To make a claim under Australian Consumer Law:

1. Contact us at: support@audiomap.io
2. Provide:
   • Proof of purchase (receipt or invoice)
   • Description of the problem
   • Details of how the problem affects your use of the Software
3. We will assess your claim and respond within a reasonable time (typically within 5 business days)
4. If we accept your claim, we will provide a remedy in accordance with Australian Consumer Law
5. If you are not satisfied with our response, you may contact your local consumer protection agency or seek independent legal advice

A.6 Consumer Protection Contacts

A.7 No Exclusion of Statutory Rights

Nothing in the main Agreement excludes, restricts, or modifies:

• Your rights under the Australian Consumer Law
• The application of any provision of the Australian Consumer Law
• The exercise of any right or remedy conferred by the Australian Consumer Law

If any term of the main Agreement is inconsistent with the Australian Consumer Law, the Australian Consumer Law prevails to the extent of the inconsistency.