Terms of Service

Last updated: January 10, 2025

Introduction and Acceptance of Terms

Welcome to AudioWave, an online audio waveform generator designed to help you create beautiful visual representations of your audio files. By accessing or using our service at audiowaveform.org, you agree to be bound by these Terms of Service ("Terms"). If you do not agree with any of these terms, please do not use our service.

These Terms apply to all users of AudioWave, including both free users and premium subscribers.

Definitions

• "Service" refers to the AudioWave website, application, and all related services
• "User" refers to any individual who accesses or uses our Service
• "Content" refers to audio files, waveforms, and any other materials uploaded or created using our Service
• "Premium Features" refers to advanced functionality available through paid subscription plans

Use of the Service

AudioWave provides users with a browser-based platform to generate audio waveform visualizations from their audio files. The Service includes both free and premium features. You agree to use the Service in accordance with all applicable local, state, national, and international laws and regulations.

Service Features

Free Features

AudioWave offers the following features at no cost:

1. Basic Waveform Generation: Convert your audio files into visual waveform representations
2. Standard Visualization Styles: Access to basic waveform styles and designs
3. Basic Customization: Adjust fundamental colors and styling options
4. Standard Export: Download your waveforms as standard resolution images
5. Browser-Based Processing: All processing happens locally in your browser for privacy and speed

Premium Features

Premium subscribers gain access to additional features:

1. Advanced Visualization Styles: Access to premium waveform styles and effects
2. Enhanced Customization: Advanced color schemes, gradients, and styling options
3. High-Resolution Export: Download waveforms in high resolution and multiple formats
4. Batch Processing: Process multiple audio files simultaneously
5. Priority Support: Faster response times for technical support
6. Commercial License: Enhanced licensing terms for commercial use

Account Registration and Premium Subscriptions

Account Creation

• Premium features require account registration through supported OAuth providers (currently Google)
• You must provide accurate and complete information during registration
• You are responsible for maintaining the security of your account credentials
• You must be at least 13 years old to create an account

Premium Subscriptions

• Premium subscriptions will be billed on a recurring basis (monthly or annually) when payment features become available
• Payment processing will be handled securely through trusted third-party payment providers
• Subscription fees are non-refundable except as required by law
• You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period
• Premium features remain accessible until the end of your paid subscription period

Free Trial and Promotions

• We may offer free trials or promotional pricing for premium features when payment functionality is implemented
• Trial periods and promotional terms will be clearly communicated
• Trials will automatically convert to paid subscriptions unless cancelled before the trial period ends

Content and Intellectual Property Rights

All content provided through AudioWave, including but not limited to the website design, software, and documentation, is protected under copyright law. The copyright owner of AudioWave is audiowaveform.org.

Your Content Rights

• Audio Files: You retain full ownership of your original audio files
• Generated Waveforms: Waveforms created using AudioWave are yours to use
• License Grant: You grant us a limited license to process your audio files solely for the purpose of generating waveforms
• No Storage: We do not claim ownership of your audio files, which are processed locally and not stored on our servers

Usage Rights by Plan

• Free Users: Personal and non-commercial use of generated waveforms
• Premium Users: Personal and commercial use of generated waveforms with enhanced licensing terms
• Attribution: While not required, we appreciate attribution when you use waveforms created with AudioWave

Our Intellectual Property

• Service Technology: The underlying technology, algorithms, and intellectual property that comprise AudioWave remain our exclusive property
• Trademarks: AudioWave name, logo, and branding are our trademarks
• Restrictions: You may not copy, modify, distribute, or create derivative works of our proprietary technology

Prohibited Activities

You agree not to engage in any of the following prohibited activities while using AudioWave:

Technical Restrictions

• Attempting to reverse engineer, decompile, or extract the source code of our Service
• Interfering with or disrupting the security, performance, or functionality of the Service
• Attempting to bypass any security features, usage limitations, or access controls
• Using automated tools to access the Service beyond normal usage patterns

Content Restrictions

• Processing copyrighted audio content without proper authorization or fair use rights
• Creating waveforms for content that violates copyright, trademark, or other intellectual property rights
• Uploading malicious files or content intended to harm our Service or other users
• Using the Service for any illegal, harmful, or unauthorized purpose

Account and Subscription Restrictions

• Sharing premium account credentials with unauthorized users
• Attempting to circumvent payment requirements for premium features
• Creating multiple accounts to abuse free trial or promotional offers
• Violating the terms of your subscription plan

Privacy and Data Collection

AudioWave is designed with privacy in mind and collects minimal data:

• Audio Processing: Your audio files are processed entirely in your browser and never uploaded to our servers
• Account Data: Email and authentication information for premium users
• Payment Information: Will be processed securely through third-party payment providers when payment features become available
• Usage Analytics: Anonymous usage statistics to help us improve the Service
• Device Information: Basic information about your device and browser for compatibility purposes
• Local Storage: Preferences and settings stored locally in your browser

For complete details on data collection practices, please refer to our separate Privacy Policy.

Service Availability and Limitations

Service Availability

• We strive to maintain high availability but cannot guarantee uninterrupted service
• Scheduled maintenance may temporarily affect service availability
• We will provide reasonable notice for planned maintenance when possible

Usage Limitations

• File size and processing limitations may apply to ensure optimal performance for all users
• Free users may have additional limitations compared to premium subscribers
• We reserve the right to implement reasonable usage limits to maintain service quality
• Rate limiting may be applied to prevent abuse and ensure fair access

Service Level

• Free features are provided on an "as is" basis with no service level guarantees
• Premium subscribers receive priority support and enhanced service reliability
• We make commercially reasonable efforts to maintain service uptime and performance

Payment Terms and Billing

Subscription Billing

• Premium subscriptions will be billed in advance on a recurring basis when payment features become available
• Billing cycles will be monthly or annual as selected during subscription
• Payment will be due immediately upon subscription activation and each renewal
• Failed payments may result in suspension of premium features

Pricing and Changes

• Current pricing will be displayed on our website and during the subscription process
• We reserve the right to change subscription prices with 30 days' notice to existing subscribers
• Price changes will not affect existing subscriptions until renewal

Refunds and Cancellations

• Subscription fees will generally be non-refundable
• You may cancel your subscription at any time through your account settings when available
• Cancellation will take effect at the end of the current billing period
• Refunds may be provided at our discretion for exceptional circumstances

Service Modifications and Termination

Service Changes

• We reserve the right to modify, update, or discontinue any aspect of the AudioWave Service at any time
• We will provide reasonable notice for significant changes that affect functionality
• New features may be added to existing subscription plans or offered as separate services

Account Termination

• We may suspend or terminate accounts for violations of these Terms
• Upon termination, your access to premium features will cease immediately
• We may retain certain data as required by law or for legitimate business purposes

Effect of Termination

• Termination does not relieve you of any payment obligations incurred before termination
• Provisions of these Terms that should survive termination will remain in effect

Disclaimer of Warranties

General Disclaimer

The AudioWave Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties regarding the accuracy, reliability, or availability of the Service
• Warranties that the Service will meet your specific requirements or be error-free or uninterrupted
• Warranties regarding the security or privacy of data transmission

Service Limitations

• We do not guarantee the quality, accuracy, or suitability of generated waveforms for any particular purpose
• Audio processing results may vary based on file quality, format, and device capabilities
• We do not warrant that the Service will be compatible with all devices or browsers

Limitation of Liability

Liability Limits

To the fullest extent permitted by law, audiowaveform.org and its affiliates, officers, directors, employees, and agents shall not be liable for any:

• Direct, indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Business interruption or loss of use
• Damages arising from the use of or inability to use the Service
• Damages resulting from unauthorized access to or alteration of your data

Maximum Liability

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

Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you to the extent prohibited by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless audiowaveform.org and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service or violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Any content you submit, upload, or process through the Service
• Your violation of any applicable laws or regulations

User Responsibility

You acknowledge and agree that you are solely responsible for:

Content Responsibility

• Ensuring you have the legal right to process any audio content you upload
• Complying with applicable copyright, trademark, and intellectual property laws
• The content and quality of waveforms you create and distribute
• Any consequences arising from your use of the Service

Account Security

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized use of your account

Legal Compliance

• Complying with all applicable local, state, national, and international laws
• Obtaining any necessary licenses or permissions for commercial use of generated content
• Respecting the intellectual property rights of others

Governing Law and Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict of law principles.

Dispute Resolution Process

1. Direct Communication: Any disputes should first be addressed through direct communication with us at support@audiowaveform.org
2. Informal Resolution: We encourage users to work with us to resolve issues amicably within 30 days
3. Formal Proceedings: If informal resolution fails, disputes may be subject to binding arbitration or court proceedings as permitted by law

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

Changes to These Terms

Modification Rights

We reserve the right to update or modify these Terms at any time. When we make changes:

• Material changes will be communicated via email to premium subscribers
• All changes will be posted on our website with an updated "Last updated" date
• Significant changes may be announced on our website or through the Service

Acceptance of Changes

• Changes become effective immediately upon posting unless otherwise specified
• Your continued use of the Service after changes are posted constitutes acceptance of the new Terms
• If you do not agree to modified Terms, you should discontinue use of the Service

Review Responsibility

We encourage you to review these Terms periodically to stay informed of any updates.

Miscellaneous

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and audiowaveform.org regarding the Service and supersede all prior agreements and understandings.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or government actions.

Survival

Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, limitations of liability, and indemnification obligations.

Contact Information

If you have any questions about these Terms of Service, please contact us at:

Email: support@audiowaveform.org Website: audiowaveform.org

For legal inquiries, please include "Terms of Service" in your email subject line.

Business Information

AudioWave is operated by audiowaveform.org. For business inquiries or partnership opportunities, please use the contact information above.

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Effective Date: These Terms of Service are effective as of the "Last updated" date shown at the top of this document.

By using AudioWave, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Thank you for choosing AudioWave for your audio visualization needs!