End User License Agreement

1. Acceptance of this agreement

This End User License Agreement (the "Agreement") is a legally binding contract between you ("you" or "Licensee") and Tether Audio ("we", "us", "our", or "Licensor") governing your use of the Tether Audio application for iOS (the "App"), including any updates, upgrades, and accompanying documentation.

By downloading, installing, accessing, or using the App, you confirm that you have read and understood this Agreement and agree to be bound by it. If you do not agree, do not download, install, or use the App. If you are using the App on behalf of an organisation, you represent that you have authority to bind that organisation to this Agreement.

You must be at least the age of majority in your jurisdiction, or have the consent of a parent or legal guardian, to enter into this Agreement.

2. Definitions

• "App" means the Tether Audio iOS application distributed through the Apple App Store, together with all updates and documentation.
• "Tether Sender" means the companion desktop program that captures audio on a computer and transmits it to the App over USB.
• "Apple" means Apple Inc. and its subsidiaries.
• "Device" means an Apple-branded iPhone or other Apple-branded product running iOS that you own or control.
• "Subscription" means the recurring paid license to use the App, purchased through the App Store.

3. Scope of license

Subject to your compliance with this Agreement and payment of any applicable Subscription fees, Licensor grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on any Device that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, solely for your personal, non-commercial use.

The App is licensed to you, not sold. Licensor retains all right, title, and interest in and to the App that is not expressly granted to you under this Agreement. The App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing where Apple makes those features available.

4. Restrictions

Except as expressly permitted by this Agreement or by applicable law that cannot be waived by contract, you shall not, and shall not permit any third party to:

1. copy, modify, adapt, translate, or create derivative works of the App;
2. reverse-engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or protocols of the App;
3. rent, lease, lend, sell, sublicense, distribute, or otherwise transfer the App or your license to any third party;
4. circumvent, disable, or interfere with any licensing, subscription, or security mechanism of the App;
5. remove, obscure, or alter any proprietary notice, label, or mark on or in the App;
6. use the App to develop a competing product or service, or to build software that interoperates with Tether Sender's protocol without our written consent;
7. use the App in any manner that violates applicable law, infringes the rights of any third party, or is otherwise prohibited by this Agreement.

5. Subscriptions and payment

5.1 Billing through Apple

The App is offered on a Subscription basis. All purchases are made through the Apple App Store and are subject to the Apple Media Services Terms and Conditions. Apple collects payment, applies taxes, and processes refunds. Licensor does not receive or store your payment information.

5.2 Automatic renewal

Subscriptions renew automatically at the end of each billing period at the price shown in the App Store at the time of purchase, unless you cancel at least 24 hours before the end of the current period. Your Apple ID account will be charged for renewal within 24 hours before the end of the current period.

5.3 Cancellation

You may cancel your Subscription at any time in your Device's Settings under your Apple ID → Subscriptions. Cancellation takes effect at the end of the current billing period; you retain access until then. Uninstalling the App does not cancel your Subscription.

5.4 Free trials

If a free trial is offered, any unused portion of the trial is forfeited when you purchase a Subscription. Unless you cancel before the trial ends, the Subscription will begin and your Apple ID will be charged.

5.5 Price changes

We may change Subscription prices from time to time. Apple will notify you of any price increase in advance, and, where required by law, will ask for your consent before the new price applies. If you do not agree, you may cancel before the change takes effect.

5.6 Refunds

Because Apple processes all payments, refund requests must be made to Apple through reportaproblem.apple.com. Refunds are granted at Apple's discretion and in accordance with Apple's policies. To the maximum extent permitted by law, Licensor does not issue refunds directly.

6. Tether Sender

Tether Sender is a separate, free desktop program that is not distributed through the App Store and is not covered by this Agreement. Tether Sender is open-source software, and your use of it is governed by the license that accompanies its source code and releases on GitHub. Nothing in this Agreement limits any rights granted to you under that open-source license.

The App requires Tether Sender, a compatible USB cable, and, on Windows, the Apple-provided USB driver (installed by the Apple Devices app or iTunes) in order to function. You are responsible for obtaining and installing these components.

7. Your content and lawful use

The App transmits and plays audio that originates on your computer. You are solely responsible for the audio you send through the App and for ensuring that you have the necessary rights to play it. You agree not to use the App to infringe copyright or any other intellectual property right, to circumvent digital rights management, or otherwise in violation of applicable law.

Licensor does not monitor, record, store, or have access to any audio transmitted through the App.

8. Privacy

The App does not collect, store, or transmit any personal data. Our Privacy Policy describes this in full and is incorporated into this Agreement by reference.

9. Intellectual property

The App, including its software, design, user interface, graphics, text, trademarks, logos, and all related intellectual property, is owned by Licensor or its licensors and is protected by copyright, trademark, and other laws of the United States and other countries. "Tether Audio", "Tether Sender", and the associated logos are trademarks of Licensor. No rights in these marks are granted to you except as necessary to use the App as permitted by this Agreement.

Any feedback, suggestions, or ideas you provide about the App may be used by Licensor without restriction or compensation to you.

10. Updates, maintenance, and support

Licensor may, but is not obliged to, provide updates, bug fixes, or new features for the App. Updates may be delivered automatically through the App Store. Some updates may change or remove functionality, and some may require a newer version of iOS.

Licensor, and not Apple, is solely responsible for providing any maintenance and support for the App. Support is available by email at [email protected] and through our Support page. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the App.

11. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.

LICENSOR DOES NOT WARRANT THAT THE APP WILL MEET YOUR REQUIREMENTS, THAT ITS OPERATION WILL BE UNINTERRUPTED OR ERROR-FREE, THAT AUDIO WILL BE FREE OF LATENCY, DROPOUTS, OR ARTIFACTS, THAT IT WILL BE COMPATIBLE WITH ANY PARTICULAR CABLE, COMPUTER, OR VERSION OF iOS OR WINDOWS, OR THAT DEFECTS WILL BE CORRECTED.

Some jurisdictions do not allow the exclusion of implied warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions may not apply to you. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE THE APP, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE APP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Licensor and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your breach of this Agreement, your violation of any law or the rights of a third party, or the audio content you transmit through the App.

14. Termination

This Agreement is effective until terminated. Your rights under this Agreement terminate automatically, without notice, if you fail to comply with any of its terms. Licensor may also terminate this Agreement at any time if it discontinues the App. Upon termination, you must cease all use of the App and delete all copies from your Devices. Sections 4, 7, 9, 11, 12, 13, 14, 17, and 18 survive termination.

You may terminate this Agreement at any time by cancelling your Subscription and deleting the App.

15. Export and legal compliance

You represent and warrant that (i) you are not located in a country that is subject to a United States Government embargo, or that has been designated by the United States Government as a "terrorist supporting" country; and (ii) you are not listed on any United States Government list of prohibited or restricted parties. You agree to comply with all applicable export and re-export control laws and regulations in connection with your use of the App.

16. Apple-specific terms

The following terms apply because the App is distributed through the Apple App Store and are required by Apple.

1. Acknowledgement. This Agreement is concluded between you and Licensor only, and not with Apple. Licensor, not Apple, is solely responsible for the App and its content. To the extent this Agreement provides for usage rules that are less restrictive than or in conflict with the Apple Media Services Terms and Conditions, the Apple terms govern.
2. Scope of license. The license granted in Section 3 is limited to a non-transferable license to use the App on Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
3. Maintenance and support. Licensor is solely responsible for providing any maintenance and support services with respect to the App, as specified in this Agreement or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
4. Warranty. Licensor is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Licensor's sole responsibility.
5. Product claims. Licensor, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
6. Intellectual property claims. In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Licensor, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.
7. Legal compliance. You represent and warrant as set out in Section 15.
8. Developer name and address. Questions, complaints, or claims with respect to the App should be directed to Licensor at [email protected].
9. Third-party terms. You must comply with any applicable third-party terms of agreement when using the App, including the terms of any wireless data service or of the operating system on your computer.
10. Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

17. Governing law and disputes

This Agreement is governed by and construed in accordance with the laws of the State of [State], United States, without regard to its conflict-of-law principles. Any dispute arising out of or relating to this Agreement or the App shall be brought exclusively in the state or federal courts located in [County, State], and you consent to the personal jurisdiction of those courts.

If you are a consumer residing in the European Union, the United Kingdom, or another jurisdiction whose laws grant you mandatory consumer protections, nothing in this Section deprives you of the protection of those laws or of your right to bring proceedings in the courts of your country of residence.

Before filing any claim, you agree to first contact us at [email protected] and attempt in good faith to resolve the dispute informally for a period of at least thirty (30) days.

18. General provisions

1. Entire agreement. This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and Licensor concerning the App and supersedes all prior or contemporaneous understandings.
2. Changes. Licensor may revise this Agreement from time to time. The current version will always be available at this page, with the effective date shown at the top. Material changes will be noted in the App's release notes. Your continued use of the App after a revised Agreement takes effect constitutes acceptance of the revision.
3. Severability. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible and the remaining provisions shall remain in full force and effect.
4. Waiver. No failure or delay by Licensor in exercising any right under this Agreement operates as a waiver of that right.
5. Assignment. You may not assign or transfer this Agreement or any rights under it. Licensor may assign this Agreement without restriction.
6. No agency. Nothing in this Agreement creates any partnership, joint venture, employment, or agency relationship between you and Licensor.
7. Language. This Agreement is written in English. Any translation is provided for convenience only, and the English version prevails in the event of a conflict.

19. Contact