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Terms of Service

Last Updated: October 31, 2024

PLEASE READ THESE TERMS OF SERVICE (THE “TERMS”) CAREFULLY. THESE TERMS GOVERN THE RELATIONSHIP AND SERVE AS AN AGREEMENT BETWEEN YOU AND US AND SET FORTH THE TERMS AND CONDITIONS BY WHICH YOU MAY INSTALL, ACCESS AND USE THE SERVICES.

THE TERMS INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. THE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

Antares Audio Strategies, LLC (a Delaware limited liability company) and our affiliates or agents (collectively, “Antares,” “we,” “us” or “our”) offer web services (each, a “Website”); mobile and desktop applications and platforms (each, an “Application”); software that we include as part of our services and Applications; downloadable or accessible Antares Materials (as defined below) and other platforms, applications, features or interactive areas available or enabled via the Website or Application (individually, each a “Service” and collectively, the “Services”). For purposes of these Terms, “you” and “your” means you as the user of the Services.

Your Agreement with Antares.

    • BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR MERELY ACCESSING OR USING THE SERVICES, YOU AGREE TO ACCEPT AND COMPLY WITH THESE TERMS AND THAT THIS FORMS A BINDING CONTRACT WITH US. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE OR ACCESS THE SERVICES.
    • The Services are only intended for individuals 13 years old and older. In addition, if you are under 18 years old or the applicable age of majority in the jurisdiction you reside in, you may only access or use the Services with the consent of your parent or legal guardian. Please be sure your parent or legal guardian has reviewed and discussed these Terms with you.
    • If you are accessing or using the Services on behalf of a business or entity, then (a) “you” and “your” includes you and that business or entity, (b) you represent and warrant that you are an authorized representative of the business or entity with the authority to bind the business or entity to these Terms, and that you agree to these Terms on behalf of the business or entity, and (c) your business or entity is legally and financially responsible for your access or use of the Services as well as for the access or use of your account by others, regardless of whether or not they are affiliated with your business or entity, including any employees, agents or contractors.

    • Additional Terms; Changes to Terms.

    • Your access to and use of our Services is also subject to our Privacy Policy available at www.antarestech.com/privacy-policy and additional terms referenced herein or otherwise provided to you in connection with your use of the Services or a specific Service, the terms of which can be found directly on the Website or Application or ordering document, and are incorporated herein by reference (“Additional Terms”). By accessing or using the Services, you consent to the terms of the Privacy Policy and any other Additional Terms.
    • The Services and its associated content and services are provided from the United States. Access to the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws and any additional terms specific to your jurisdiction.
    • PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY US IN OUR SOLE DISCRETION AT ANY TIME. When changes are made, we will make a new copy of the Terms available on the Website and within the Application. If we make any material changes, and you have registered with us to create an Account to use the Services, we will also send an e-mail to you at the last e-mail address you provided to us pursuant to the Terms. Any changes to the Terms will be effective immediately for new users of the Services and will be effective thirty (30) days after posting of notice of such changes on the Website or Application for existing users, provided that any material changes shall be effective for users who have an Account with us upon the earlier of thirty (30) days after posting of notice of such changes on the Website or Application or thirty (30) days after dispatch of an e-mail notice of such changes to registered users. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE AND APPLICATION TO VIEW THE THEN-CURRENT TERMS.

    • Your Account.

    • To use and access the Services you must create an account on the Website or through the Application upon download (your “Account”). When you create your Account, you must provide us with certain personal information including your email address and choose a password for your Account. We may give you the option to create an account through certain third-party platforms such as TikTok, Instagram, Facebook, Google, and Apple. If you choose to sign in using these services, information like your name, email address, profile picture, language preference, and an access token will be shared with us. You must ensure that the email address you provide is, and remains, valid. You promise that any registration information that you submit to us or a third-party platform is true, accurate, and complete, and you agree to keep it that way at all times. You are solely responsible for maintaining the confidentiality and security of your email address and password, and you will remain responsible for all use of your email address and password and for all activity emanating from your Account, whether or not such activity was authorized by you. If your Account login information is lost or stolen, or if you believe that your Account has been accessed by an unauthorized person, you must notify us in writing and promptly change your password.

    • Your Access to and Use of the Services.

    • Scope of License. Subject to your compliance with the Terms, and if such Services are Paid Services, also subject to your payment of the applicable Fee, Antares grants to you a limited, nonexclusive, non-transferable, non-sublicensable license during the Term to access and use the applicable Service for your personal, non-commercial use and/or internal business purposes only, and strictly in accordance with these Terms. Except as otherwise set forth herein, these Terms will govern any software downloaded as part of an Application, information, content, materials, features or services accessible from or purchased within the Services, including, without limitation, any Antares Materials made available through the Services, as well as upgrades provided by Antares that replace or supplement the original Services, unless any such features or upgrade is accompanied by separate or additional terms and conditions or subject to your payment of subscription Fees for Paid Services.
    • Limitations and Restrictions. You must not, and you must not permit any other person accessing or using the Services or any part thereof to: (i) copy the Services, or any part thereof, except as expressly permitted by these Terms; (ii) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Services or any part thereof; (iii) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof or the underlying structure, ideas, intellectual property, software, trade secrets, proprietary information, know-how or algorithms relevant to the Services; (iv) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any part or copy thereof; (v) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services or any part thereof, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time; (vi) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services; (vii) input, upload, transmit or otherwise provide to or through the Services any content, information or materials that are unlawful or injurious or that contain, transmit or activate any virus, malware or other harmful code; (viii) damage, destroy, disrupt, disable, impair, interfere with or otherwise impede or harm in any manner Antares’s or its service providers’ servers or systems associated with the Services or Antares’s or its service providers’ ability to provide services to any third party; (ix) access or use the Services (or any data or materials available via the Services) in any way that infringes, misappropriates or otherwise violates any intellectual property right, privacy right or other right of any person or entity, or that violates any applicable law, rule or regulation; (x) threaten, harass, abuse, slander or defame others in connection with your use of the Services; (xi) create, publish, distribute or disseminate any inappropriate, harmful, libelous, illegal, profane, vulgar, defamatory, infringing, obscene, tortious, indecent, unlawful, offensive, immoral or otherwise objectionable content, material or information in connection with your use of the Services; (xii) upload, post or otherwise transmit to, through the, or by use of the Services, any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation (commercial or otherwise); (xiii) use any manual or automatic process (such as robots, spiders or other automatic devices) to monitor or copy any of the software or material on the Services or for any other unauthorized purpose without our prior written consent; (xiv) use the Services to impersonate or attempt to impersonate any person, or to misrepresent your identity or affiliation with any person or organization or to impersonate another person for the purpose of misleading others as to the identity of the sender or the origin of a message; (xv) access or use the Services for the development or provision of a competing software service or product or for any other purpose that is to Antares’s detriment or commercial disadvantage; (xvi) access or use the Services or any part thereof in any manner which is illegal, harmful, offensive, obscene, or infringes on or misappropriates any intellectual property right or right of a third party; (xvii) access or use the Services other than for the permitted uses or in any manner or for any purpose not expressly permitted by this Agreement; or (xviii) knowingly aid or assist any other person in taking any of the actions prohibited by this Section.
    • Compliance; Security; and Suspension. You are solely responsible for all information, instructions, and materials provided by you to Antares in connection with your use of the Services and all access to and use of the services, directly or indirectly, by you, a user on your behalf, or any other person through your account, with or without your knowledge and consent. Antares may use technological measures to prevent and detect unauthorized or illegal use of the Services. You agree that we may (a) use these and other measures and/or (b) remove or suspend your access to any portion or all of the Services to: verify your compliance with the terms of this Agreement; enforce Antares' and third-party rights' in and to the Services; monitor, prevent, and address potential security risks; respond to or comply with a judicial or other governmental demand or order, subpoena or law enforcement request; ensure compliance with applicable data security or data privacy obligations; prevent or stop threatening, abusive, or inappropriate behavior or content; and to provide the Services in accordance with the Agreement. In the event of a suspension, Antares will use commercially reasonable efforts to provide written notice of any suspension and to provide updates regarding resumption of access to the Service. Antares will have no liability for any damage, liabilities, losses (including any loss of data or profits), or any other consequences that you or your authorized user may incur as a result of a suspension.

    • Intellectual Property Rights.

    • Ownership. You acknowledge and agree that the Services are provided under license, and not sold, to you. You do not acquire any ownership interest in the Services or any part thereof under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms. Antares, its licensors and its service providers reserve and shall retain their entire right, title, and interest in and to the Services, including all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence under or related to any patent, copyrights, trademarks, trade secret, database protection and other intellectual property rights therein or relating thereto; all Auto-Tune pitch correction and other vocal effects and features offered as part of the Services; and all content, software (object and source code), files, data, information, applications, programs, features and functionality (including, but not limited to, all text, files, clips, bytes, displays, images, video, music, tracks, sounds, controls, vocals, instruments, audio, templates, sound effects, special effects, players, widgets, tools, applications, APIs, social media identifiers and handles, watermarks and proprietary notices, and the design, selection, and arrangement thereof) and all other proprietary information or intellectual property owned or provided by Antares, its licensors or other providers of such materials or otherwise related to or provided as part of or accessible through the Services (“Antares Materials”). Antares’ stylized name and other related graphics, logos, service marks and trade names and watermarks or other identifiers used on or in connection with Services are the trademarks of Antares and are considered Antares Materials and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services or Antares Materials are the property of their respective owners.
    • Feedback. If you send us, via the Services or otherwise, any ideas or suggestions for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), you irrevocably grant us a perpetual and unlimited license to reproduce, distribute, create derivative works of, modify, publicly perform or display, make available and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody such Feedback, whether in whole or in part, and whether as provided or as modified.
    • Usage Data. We may collect data resulting from your use of the Services, such as metadata, performance metrics, usage trends, technical data and other information relating to your use of the Services (“Usage Data”). We may use Usage Data for our business purposes, including but not limited to the following: our provision of the Services, to assist with the provision of Third-Party Materials applicable to you, for benchmarking purposes, for reporting across our customer base, to improve the performance of the Services, to create new products and services offerings, internally for product research, for development and innovation and service-based analytics; provided that, except to provide the Services, to assist with the provision of Third-Party Materials requested by you, or as required by law, any external disclosure or use of Usage Data by us will be in an aggregated and de-identified form that does not identify any users.

    • User Content.

    • Definition. The Services may contain interactive features that allow users to apply Antares Materials and other effects and features to a user’s sound recordings and to post, submit, publish, display, upload, process, or transmit (collectively, “Post”) such content (“User Content”) on or through the Services (including on certain linked third-party social media platforms). User Content does not include the Services, Antares Materials or any intellectual property owned or licensed by Antares. 
    • Prohibited User Content; Copyright Infringement.
    • If you own only the rights in and to a sound recording, but not to the underlying musical works embodied in such sound recording, then you must not Post User Content containing such sound recording via the Services or otherwise unless you have all permissions, consents and approvals from the owner of the underlying musical works to do so. If you do not own the rights in and to a sound recording, you must not Post User Content containing such sound recording via the Services or otherwise unless you have all permissions, consents and approvals from the owner of the sound recording to do so.
    • We respect intellectual property rights and require users of the Services to do so as well. We do not allow User Content that infringes intellectual property rights, including copyrights. You must not upload, store, distribute, send, transmit, display, perform, make available, continue to make available or otherwise communicate to the public any User Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected works within User Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public through the Services), independent of whether it is or becomes unauthorized at a later point, may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Services as described herein, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder. If you believe any User Content violates your copyright, contact us at support@antarestech.com. It is our policy to terminate the user accounts of repeat infringers of intellectual property rights.
    • Responsibility; Liability. You understand, acknowledge and agree that you, and not us, have full responsibility for any User Content you create and/or Post, including its legality, reliability, accuracy and appropriateness. We are not, and will not be, responsible or liable to any third party for the content, lawfulness or accuracy of any User Content created or Posted by you or any other user of the Services. You are solely responsible for obtaining consents and permissions required for you to comply with the Terms, compliance with applicable laws and contractual obligation, and ensuring your compliance with relevant reporting obligations and any other terms of a sound recording owner, musical work copyright owner, performing rights organization, sound recording performing rights organization, collective management organization, unions, guilds, engineers, producers or other royalty participants that may be involved (knowingly or otherwise) in the creation of User Content applicable to you.
    • Representations and Warranties. Without limiting the other obligations and restrictions set forth herein, you represent, warrant and agree that:
    • you own or control all rights in and to your User Content, and you have received all necessary permissions, consents and approvals to Post your User Content on or through the Services.
    • any holder of any intellectual property rights in User Content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.
    • you are responsible for all of User Content.
    • you have the right to grant the license granted above to us and our affiliates and service providers, and to each of their and our respective licensees, successors, and assigns.
    • all of your User Content does and will comply with the terms of these Terms.
    • Content Standards: The content standards set forth in this Section (the “Content Standards”) apply to any and all User Content and use of Services. All User Content must comply with the Content Standards set out in these Terms below and any additional standards or terms and conditions of the third-party social media platforms. Specifically, any User Content you create or Post must not:
    • violate any applicable international, federal, state or local law, rule or regulation.
    • contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, harmful, inappropriate, inflammatory, or otherwise objectionable.
    • promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
    • violate, infringe or misappropriate any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person or entity.
    • violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws, rules or regulations or that otherwise may be in conflict with these Terms or our Privacy Policy.
    • be likely to deceive any person.
    • advocate, promote, or assist any unlawful act.
    • cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
    • impersonate any person, or misrepresent your identity or affiliation with any person or organization.
    • involve commercial activities or sales, such as sales solicitations, promotions or advertising, without our express written consent.
    • give the impression that they emanate from or are endorsed by us or any other person or entity, if that is not the case.
    • Monitoring and Enforcement. We reserve the right to:
    • remove or refuse to Post any User Content for any or no reason in our sole discretion.
    • take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for Antares.
    • disclose your identity or other information about you to any third party who claims that material created or Posted by you violates their rights, including their intellectual property rights or their right to privacy.
    • take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Services.
    • terminate or suspend your access to all or part of the Services for any violation of these Terms.
    • Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone Posting User Content on, through or in connection with the Services or otherwise using the Services. YOU WAIVE AND HOLD HARMLESS ANTARES AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
    • Notwithstanding the foregoing, we cannot and do not undertake to review User Content before it is Posted on or through the Services, and we cannot ensure prompt removal of objectionable material after it has been Posted or any use or Post of User Content on any third-party platform. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, and we have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
    • User Content License.
    • Except as expressly provided otherwise in these Terms, you or the owner of your User Content still own the copyright and any other intellectual property rights in User Content submitted to us, but by submitting User Content via the Services, you hereby grant us and our affiliates, agents, services providers, partners and other connected third parties an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable (including sub-licensable), perpetual, worldwide license to use, copy, modify, adapt, reproduce, make derivative works of, display, publish, transmit, distribute and/or store your User Content solely as necessary to provide, administer and ensure the proper operation of the Services and to perform our rights and obligations under this Agreement. You further grant us and our affiliates, agents, services providers, partners and other connected third parties a royalty-free fully transferable (including sub-licensable), worldwide license to use your username, image and likeness to identify you as the source of any of your User Content.
    • For the avoidance of doubt, the rights granted in the preceding paragraph of this Section include, but are not limited to, the right for us to reproduce sound recordings (and make mechanical reproductions of the musical works embodied in such sound recordings) and distribute such sound recordings (as part of a Post initiated or requested by you), all on a royalty-free basis. This means that you are granting us the right to use your User Content without the obligation to pay royalties to you or any third party, including, but not limited to, a sound recording copyright owner (e.g. a record label), a musical work copyright owner (e.g. a music publisher), a performing rights organization, a sound recording performing rights organization, collective management organizations, any unions or guilds, and engineers, producers or other royalty participants that may be involved (either knowingly or otherwise) in the creation of User Content.

    • Third-Party Materials.

    • The Services may display, include or make available certain third-party content (including data, information, applications, and other products, services and/or materials) or provide links to third-party websites or services (“Third-Party Materials”). You acknowledge and agree that we are not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. We do not assume and will not have any liability or responsibility to you or to any other person or entity for any Third-Party Materials. Third-Party Materials and any links or other access thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. We reserve the right to change, suspend, remove, disable or impose access restrictions or limits on any Third-Party Materials at any time without notice or liability to you.
    • Without limiting the foregoing, some of the Services may integrate with or incorporate features offered by social media and other third-party platforms (such as Instagram® or TikTok®). Any User Content you Post or make available through those third-party platforms shall comply with the terms of these Terms (including without limitation the Content Standards), as well as the terms of service and privacy policies of the applicable third-party platforms. Please refer to those platforms to better understand your rights and obligations with regard to your User Content on those platforms.

    • Fees; Payment Terms; Cancellation.

    • Types of Services. From time to time we may offer our users free Services (“Free Services”), Services or certain features, products or platforms incorporated therein which are subject to a fee (“Paid Services”) and free trials of our paid Services (“Free Trials”) as specified in the Antares Products List or otherwise on your applicable ordering document.
    • Fees for Paid Services. In exchange for, and as a condition of, your access to and use of the Paid Services, you will pay to us the fees and charges set forth on the pricing schedule, on our Website or Application, or in the applicable ordering document (the “Fees”) either as a one-time upfront fee (“One-Time Fee”) or a subscription based fee that is billed on a recurring and periodic basis (“Subscription Fees”) for the specific term of the subscription (“Subscription Period”). ALL PURCHASES ARE FINAL; NO REFUNDS WILL BE PROVIDED FOR FEES YOU HAVE ALREADY PAID, UNLESS OTHERWISE PROVIDED HEREIN OR AGREED BY US IN WRITING.
    • Free Trial. You can sign-up for Free Trials for the Paid Services as described on the Website or Application. The Free Trial period starts on the day you create the trial account and lasts for fourteen (14) days. If you are on a Free Trial, you may cancel at any time until the last day of your Free Trial. If you do not wish to incur charges, you must cancel the account by the end of the fourteenth (14th) day. If you do not cancel your Account prior to the end of the Free Trial, the Account will be converted to an Account for Paid Services and you authorize us to charge your credit card for that specific Paid Service. You may, however, cancel your subscription before the next billing cycle in accordance with these Terms, but no credits or refunds will be available.
    • Promotions. We may provide you with a code from time to time which you may redeem for discounted or Free Trial versions of the Paid Services. Subject to the terms of the specific promotional code, you will not be charged for the Paid Services at the time of redemption of the promotional code, however you will be required to submit payment information into your Payment Account. At the end of the promotional period, your Account will convert into an Account for Paid Services as described above in the Section describing Free Trials.
    • Payment Method. All One-Time Fees are due upfront immediately when you sign up for an Account for such applicable Service. All Subscription Fees are due upfront immediately when you sign up for an Account for the first subscription period for such applicable Service. Subsequent subscription periods are automatically billed in advance for each subscription period (e.g. every month or every year, as applicable) thereafter until the subscription for such Service is terminated by you or us. To make payment of any Fees you incur while using the Paid Services, you will be asked to provide at least one valid credit card, debit card, or other method of payment (your “Payment Account”). Payment will be made for any Fees by charging the Payment Account provided. It is your responsibility and obligation to provide accurate information pertaining to your Payment Account and to keep all such information current. By providing any payment information to us, you represent and warrant to us that you are authorized to use the Payment Account provided for payment of all Fees under these Terms. It is your responsibility to ensure the applicable Payment Account has sufficient funds. Failure to provide up-to-date and accurate Payment Account information may result in suspension or termination of your access to the Paid Services (in addition to, and not in lieu of, our other rights under these Terms, at law or in equity).
    • Changes to Fees.  Our pricing is subject to change at any time, provided that, for any increases to recurring Fee payments, we will provide you with at least 30 days’ prior notice before any Fee price increases will be charged to you. In connection with our prior notice to you of any Fee increase, you will be given an opportunity to cancel your subscription before incurring any charges for the increased Subscription Fees. If you do not cancel your subscription before the next recurring payment is scheduled to be charged (when we have indicated the Subscription Fee increase will take effect), the recurring payment at the increased rate will automatically be charged to your Payment Account for the applicable Subscription Period and for each Subscription Period thereafter until your subscription has been canceled.
    • Subscription Period and Cancellation. Your subscription for Paid Services will automatically renew at the end of each Subscription Period for an additional Subscription Period. You may cancel your subscription at any time. Instructions for canceling can be found on the Application in Settings. Canceling your subscription will stop any future recurring charges, but this will not result in a refund of any previously paid Fees or charges. No refunds are provided for Fees or charges already paid. If you cancel your subscription, your subscription to the Paid Service will continue until the end of the last Subscription Period for which you have paid. If your subscription is due to renew and we are unable to charge the applicable Subscription Fees to your Payment Account, your subscription will be automatically canceled at the end of the then-current Subscription Period.

    • Updates; Beta Services.

    • Updates. We may from time to time in our sole discretion develop and provide Services updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Services will automatically download and install all available Updates or you may receive notice of or be prompted to download and install available Updates depending on the Service. You shall promptly download and install all Updates, and you acknowledge and agree that the Services or portions thereof may not function properly if you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms.
    • Beta Services. We may offer you access to beta services that are being provided prior to general release (“Beta Services”). Beta Services will be clearly designated as beta, pilot, limited release, developer preview, non-production, evaluation or by a similar description. Beta Services are for evaluation purposes and not for production use, are not supported, and may be subject to additional terms. We may discontinue Beta Services at any time in its sole discretion and may never make them generally available. We make no representations or warranties and assume no liability related to your use of or access to Beta Services.

    • Termination.

    These Terms are effective until terminated by you or us. Your rights under these Terms will terminate immediately and automatically without any notice to you if you fail to comply. You may terminate these Terms by canceling your subscription as described above (if applicable) and by deleting the Services (including any Free Services) and all copies thereof from your desktop or mobile device. We may terminate these Terms at any time without notice, for any reason or for no reason, including, but not limited to, if we cease to support the Services (or any particular Service or feature), which we may do in our sole discretion. If these Terms terminate due to our material breach of our obligations, then we will refund, on a pro rata basis, any Fees paid by you for the future portion of the Subscription Period that would have remained but for such termination. Upon termination of these Terms, all rights granted to you under these Terms will also terminate and you must cease all use of the Services and delete all copies of the Services from your desktop, mobile device or other devices. Termination will not limit any of Antares’s rights or remedies at law or in equity or any rights or obligations that, by their terms, should survive the termination of these Terms, including without limitation those rights and obligations set forth in the following Sections: Confidentiality, Payment Obligations, IP Ownership, No Warranty, Limitation of Liability, Indemnification, Dispute Resolution.

    Confidentiality.

    You must hold in strict confidence any proprietary or confidential information (collectively, “Confidential Information”) of Antares and must not disclose Antares’s Confidential Information to any third party or use Antares’s Confidential Information for any purpose other than to carry out your obligations or to exercise your rights under this Agreement. To be clear, the Services and all information related to the Services constitutes Confidential Information. These restrictions will not restrict the use or disclosure of information disclosed by us that (i) is or becomes publicly known other than as a result of any act or omission by you, (ii) is lawfully received by you from a third party not in a confidential relationship with Antares, (iii) was already rightfully known by you prior to your receipt thereof from Antares, or (iv) after written notice to Antares and an opportunity to object, is required by applicable law to be disclosed.

    NO WARRANTY.

    We do not guarantee that the Services will be available at any specific time and will not be liable for any reason if you cannot access the Services. We reserve the right to alter, enhance, withdraw, restrict the use of or amend the Services (including without limitation the design, look and feel, functionality, content, material, information and/or services provided via the Services) in our sole discretion at any time without notice. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT USE OF THE SERVICES, INCLUDING ANY THIRD-PARTY MATERIALS, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES AND ANTARES MATERIALS PROVIDED BY OR RELATED TO THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, AND ANTARES HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES AND ANTARES MATERIALS, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, OF TITLE, AND OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY ANTARES OR ITS AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY. SHOULD THE SERVICES OR ANY RELATED CONTENT PROVE DEFECTIVE OR INCORRECT, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SPECIFIC EXCLUSION AND LIMITATIONS ABOVE MAY NOT APPLY TO YOU.

    LIMITATION OF LIABILITY.

    TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL ANTARES OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, SUCCESSORS AND ASSIGNS (“ANTARES PARTIES”) BE LIABLE FOR PERSONAL INJURY OR ANY INCIDENTAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, MOBILE DEVICE FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ANTARES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ANTARES PARTIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE LESSER OF: THE AMOUNT OF SUBSCRIPTION FEES YOU HAVE ACTUALLY PAID TO ANTARES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO SUCH LIABILITY FOR PAID SERVICES OR ONE THOUSAND DOLLARS ($1,000). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

    Indemnification.

    You agree to indemnify, defend and hold harmless Antares Parties from and against any and all losses, damages, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, and expenses of whatever kind, including reasonable attorneys’ fees and the costs of enforcing any right to indemnification hereunder (collectively, “Losses”), to the extent such Losses arise out of or relate to (i) any breach of these Terms by you or any other person accessing or using the Services, (ii) any misuse of the Services, (iii) any negligent or willful act by you, (iv) your violation of any rights of a third-party or us, or any user, (v) your violation of any applicable laws, rules or regulations or contractual rights, or (vi) the use, processing or possession of User Content (via the Services or otherwise), including, without limitation, any claim that such use, processing or possession infringes or violates any intellectual property right or privacy right of any third party.

    Export Regulation.

    You may not use or otherwise export or re-export the Services except as authorized by United States law and the laws of the jurisdiction in which the Services was obtained. In particular, but without limitation, the Services may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Services, you represent and warrant that you are not located in any such country or on any such list. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services available outside the United States.

    U.S. Government Rights.

    The Services and related documentation are “Commercial Items,” as that term is defined at 48 C.F.R. § 2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202, as applicable. Consistent with 48 C.F.R. § 12.212 or 48 C.F.R. § 227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished rights are reserved under the copyright laws of the United States.

    Dispute Resolution; Binding Arbitration; Class Action Waiver; Governing Law.

    PLEASE READ THIS SECTION CAREFULLY, BECAUSE ANTARES WANTS YOU TO KNOW AND UNDERSTAND HOW IT AFFECTS YOUR RIGHTS.

    • If you have an issue with the Services, we encourage you to contact a member of our customer support team.
    • If the guidance available via consultation with our customer support team is unable to resolve any issues, then you and Antares agree to first attempt to settle any claim, controversy or dispute arising out of or relating to these Terms through consultation and negotiation, in good faith and in a spirit of mutual cooperation.
    • If the parties cannot resolve the claim, controversy or dispute within 45 days through direct consultation and negotiation, then the claim, controversy or dispute shall be determined by final and binding arbitration to be administered by the American Arbitration Association under its Commercial Arbitration Rules (if you are domiciled in the United States) or by the International Centre for Dispute Resolution under its International Arbitration Rules (if you are domiciled in a country other than the United States). The place of arbitration shall be San Francisco, California. The dispute shall be arbitrated by one arbitrator that is reasonably acceptable to both parties. If the parties are unable to agree upon a single arbitrator, then the parties shall choose an arbitrator by striking from a list of arbitrators supplied by the American Arbitration Association or the International Centre for Dispute Resolution, as applicable. The arbitration proceeding must be completed through the rendering of the award within six months of the selection of the arbitrator. The arbitration hearing shall be no longer than five consecutive business days to be equally divided between the parties. The arbitrator shall not have the power to award any punitive or exemplary damages nor attorneys’ fees to either party, except pursuant to a claim brought under this Section. The award of the arbitrator shall be accompanied by a written explanation of the basis of the award. The decision of the arbitrator shall be final and binding and may be enforced in any court of competent jurisdiction.
    • The procedures set forth in this Section are the exclusive means for resolving any claims, controversies or disputes of any nature whatsoever between the parties (whether in contract, tort or otherwise, including statutory, common law, fraud (whether by misrepresentation or by omission) or other intentional tort, property or equitable claims) arising out of or relating to the Services, these Terms or the validity, scope, interpretation or enforceability of this Section, and, except as otherwise expressly provided in this Section, neither party may initiate or maintain any proceeding in any court or similar tribunal relating to any dispute within the scope of this Section; provided that either party may seek temporary equitable relief to the extent reasonably necessary to protect its rights under these Terms, in each case from a court of competent jurisdiction.
    • These Terms and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, as applicable, exclusive of conflict or choice of law rules. The parties expressly waive and disclaim the applicability of the United Nations Convention on the International Sale of Goods to the fullest extent permitted by law. The parties acknowledge that these Terms evidences a transaction involving interstate commerce. Notwithstanding the provision immediately above with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
    • YOU AND ANTARES AGREE TO ARBITRATE IN EACH PARTY’S INDIVIDUAL CAPACITY ONLY, AND NOT AS A REPRESENTATIVE OR MEMBER OF A CLASS, AND EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. YOU AGREE THAT ANY ARBITRATION PROCEEDING WILL CONSIDER ONLY YOUR CLAIMS. CLAIMS BY, OR ON BEHALF OF, OTHER INDIVIDUALS WILL NOT BE ARBITRATED IN ANY PROCEEDING CONSIDERING YOUR CLAIMS. YOU AND ANTARES UNDERSTAND AND AGREE THAT, BECAUSE OF THIS SECTION, NEITHER YOU NOR ANTARES WILL HAVE THE RIGHT TO GO TO COURT (EXCEPT AS PROVIDED HEREIN) OR TO HAVE A JURY TRIAL OR TO PARTICIPATE AS ANY MEMBER OF A CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM.
    • All disputes between the parties and all arbitration proceedings will be private and confidential and, except as may be required by law, neither you nor Antares nor any arbitrator may disclose the existence, content or results of any claim, controversy or dispute arising out of or relating to these Terms or arbitration hereunder without the prior written consent of both parties, unless to protect or pursue a legal right.
    • Notwithstanding anything to the contrary in the foregoing, no party shall be precluded from bringing an individual claim in small claims court only, to the extent the applicable claim is within the jurisdictional limits of such court. The parties hereby agree to bring any such claim exclusively in the courts of the State of California located in San Francisco, California, and you and Antares hereby irrevocably submit to the exclusive jurisdiction of such courts in any such claim.
    • The agreement to arbitrate set forth in this Section may be enforced by the parties to these Terms and their permitted successors and assigns or their heirs, executors, administrators, affiliates and legal representatives (as applicable), and shall survive the termination or breach of these Terms.

    • Severability and Waiver.

    If any provision of these Terms is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms will continue in full force and effect. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.

    Amendment.

    Except as set forth in Section 2 above, no change, consent or waiver under these Terms will be effective unless in writing and signed by the party against which enforcement is sought.

    No Third-Party Beneficiaries.

    Except as provided in the immediately following sentence, these Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and/or heirs, executors, administrators, affiliates and legal representatives and nothing herein, express or implied, is intended to or will confer on any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms. If (and only if) you are accessing and using the Services in connection with an iOS-based product, you acknowledge and agree that Apple (as defined below), and Apple’s subsidiaries, are third-party beneficiaries of these Terms and, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.

    Assignment.

    You may not assign, delegate or otherwise transfer your rights or obligations under these Terms without our prior written consent. We may assign, delegate or otherwise transfer our rights or obligations under these Terms without restriction, including to our affiliates or to an entity that acquires all or substantially all of our business or assets to which these Terms pertain, whether by merger, reorganization, acquisition, sale or otherwise. These Terms will be binding upon, and will inure to the benefit of, the successors and permitted assigns of the parties.

    Injunctive Relief.

    You acknowledge and agree that a breach or threatened breach of these Terms would cause irreparable harm to Antares, the extent of which would be difficult to ascertain. Accordingly, you agree that, in addition to any other remedies to which Antares may be legally entitled, Antares may obtain immediate injunctive relief without the necessity to post a bond therefor in the event of such breach or threatened breach by you.

    Entire Agreement.

    These Terms, our Privacy Policy and any other documents referenced herein constitute the entire agreement between you and Antares with respect to the Services and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.

    Comments and Concerns.

    All feedback, comments and other communications relating to the Services should be directed to Antares as follows:

    Antares Audio Strategies, LLC
    E-mail: support@antarestech.com

    Additional Terms.

    • Mobile Application Terms; Coordination with Apple Minimum Terms. If (and only if) you are accessing and using the Services in connection with an iOS-based product, then the additional terms and conditions of this Section apply to you. These Terms are concluded between you and Antares only, and not with Apple Inc. ("Apple"). You and Antares each acknowledge that Antares, and not Apple, is responsible for the Services and the content thereof, subject to the terms and conditions of these Terms. You and Antares each acknowledge that Apple does not have any obligation whatsoever to furnish any maintenance or support services with respect to the Services. You and Antares each acknowledge that, as between Antares, on the one hand, and Apple, on the other, Antares (and not Apple) is responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including, but not limited to: (i) product liability claims; (ii) any claim that the Services fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, in each case subject to the terms and conditions of these Terms. To the maximum extent permitted by applicable law, Apple will not have any warranty obligation whatsoever with respect to the Services, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Antares’s sole responsibility, subject to the terms and conditions of these Terms. In the event of any third-party claim that the Services or your possession and use of the Services in accordance with these Terms infringes that third party’s intellectual property rights (an "Infringement Claim"), Antares (and not Apple) will be solely responsible for the investigation, defense, settlement and discharge of any such Infringement Claim. Notwithstanding the foregoing, Antares will have no liability or obligation with respect to any Infringement Claim to the extent based upon or arising out of: (a) access to or use of the Services in combination with any hardware, system, software, network or other materials or service not provided by Antares (or authorized in the Service documentation or otherwise in writing by Antares); (b) modifications or configurations made to the Services by anyone other than Antares (or a party acting under Antares’s direction) without Antares’s prior written consent; or (c) any action taken by you relating to the use of the Services that violates these Terms or is otherwise outside the scope of the rights and authorizations granted in these Terms.
    • Informational Text Messaging Program. When a user of the Services provides a mobile telephone number to Antares, that user will be given an option to participate in Antares' SMS text message alert service (the "Text Alert Service") if available with respect to the applicable Service. Antares provides the Text Alert Service to send information about use of the applicable Service, including, for example, text messages regarding changes to the Terms, payments owed for Fees, renewal of subscriptions, failure to accept payment methods and other notices. By participating in the Text Alert Service, the user voluntarily authorizes and directs Antares to send text messages using an automated system to the mobile telephone number provided. Users are not required to use or subscribe to the Text Alert Service as a condition of using any Service or in order to benefit from other Service features that are unrelated to the Text Alert Service. Standard message and data rates may apply. Once enrolled in the Text Alert Service, the user may opt out of the Text Alert Service (i.e., stop all text messages) at any time. With respect to any text message, the user may reply STOP to end all messages, or the user may opt out by emailing Antares at support@antarestech.com. Please allow Antares a few days to process an opt-out request.