Terms of Service & EULA

These Terms of Service and End User License Agreement (the "Agreement") are a binding contract between you ("you," "User") and Boing, operated by [LEGAL ENTITY NAME], [ENTITY TYPE] of [REGISTERED ADDRESS] ("Company," "we," "us"). By creating an account, downloading, installing, activating, or using Boing (the "Software"), you agree to be bound by this Agreement. If you do not agree, do not install or use the Software.

You represent that you are at least 18 years old (or the age of majority in your jurisdiction), have the legal capacity to enter into this Agreement, and, if accepting on behalf of an entity, have authority to bind that entity.

"Software" means the Boing engine, plug-ins, companion applications, updates, and related documentation. "Subscription" means a recurring paid plan providing access to the Software. "License Key" means the unique credential issued to activate the Software. "DAW" means a digital audio workstation such as Logic Pro, Ableton Live, FL Studio, or similar. "User Content" means audio, MIDI, project files, stems, renders, presets, and other creative material you produce using your DAW.

Subject to your continued compliance with this Agreement and payment of applicable fees, Boing grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on computers you own or control, solely for your internal creative use, for the duration of an active Subscription. Companies and teams must obtain a seat for each individual user.

The Software is licensed, not sold. All rights not expressly granted are reserved by Boing and its licensors.

Access to the Software requires an active Subscription. Subscription tiers, features, and pricing are described at checkout and may change from time to time. Changes to pricing for existing Subscriptions will not take effect until the next renewal and, where required by law, we will provide advance notice.

Subscriptions renew automatically at the end of each billing period at the then-current rate using your payment method on file until you cancel. You may cancel at any time from your account settings; cancellation takes effect at the end of the current paid billing period, and access to the Software will terminate at that time.

Where required by law (including "click-to-cancel" and consumer protection rules), we will make cancellation available through the same means used to subscribe.

Payments are processed by Stripe, Inc. You authorize us and Stripe to charge your payment method for Subscription fees, applicable taxes, and any other amounts owed. You are responsible for keeping your payment information current. If a charge fails, we may suspend or terminate your Subscription.

Prices are exclusive of applicable taxes unless stated otherwise. You are responsible for all sales, use, VAT, GST, and similar taxes associated with your Subscription. If you believe a charge is in error, contact info@useboing.com within 30 days.

All fees are non-refundable except where required by applicable law. Full refund terms are set out in our Refund Policy, which is incorporated into this Agreement by reference.

The Software connects periodically to our licensing service to validate your License Key and Subscription status. When a render completes, the Software also sends a summary of that delivery — file names, counts, measured peaks and the manifest — so it can appear in your history and on your mobile device. Track Info sheets and lyrics are sent only if you enable paperwork sync, which is off by default. Your audio is never transmitted. Our Privacy Policy describes all of this in full. If verification fails or your Subscription lapses, the Software may deactivate features or refuse to launch.

You must not share, resell, or publish your License Key. You are responsible for all activity conducted under your account and License Key.

You agree that you will not, and will not permit others to:

• copy, redistribute, rent, lease, lend, sell, sublicense, or transfer the Software;
• reverse engineer, decompile, disassemble, or attempt to derive source code, except to the extent this restriction is prohibited by law;
• modify, adapt, translate, or create derivative works of the Software;
• circumvent, disable, or interfere with license enforcement, activation, or security features;
• use the Software to build a competing product or benchmark it without our prior written consent;
• remove or obscure proprietary notices, trademarks, or labels;
• use the Software in violation of applicable law, export controls, or third-party rights.

The Software, including all code, models, algorithms, presets, samples, artwork, sound design, documentation, and trademarks, is owned by Boing or its licensors and is protected by copyright, trademark, and other intellectual property laws. No title or ownership is transferred to you.

Your User Content. You retain all rights in User Content you create with your DAW. You own the audio and creative output you produce — Boing claims no ownership over your finished tracks or projects.

Feedback. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free, worldwide license to use it without restriction or obligation to you.

You are responsible for the security of your account credentials and License Key, for the computers and networks you use to access the Software, and for maintaining backups of your User Content. You agree to notify us promptly at info@useboing.com of any unauthorized use of your account.

The Software may interoperate with third-party DAWs, plug-in formats, and services (including Stripe for payments and Supabase for account and licensing infrastructure). Your use of those third-party services is governed by their own terms and privacy policies. Boing is not responsible for third-party products, availability, or performance.

We may release updates, bug fixes, security patches, and new versions of the Software from time to time. Updates may add, change, or remove functionality. You agree that continued use of the Software following an update constitutes acceptance of that update. We may require installation of updates in order to continue using the Software.

You must not use the Software to (a) violate any law, regulation, or third-party right; (b) infringe copyright, including by using unlicensed sample material through the Software; (c) transmit malware or interfere with the operation of any system; or (d) harass, defame, or harm others. We may investigate and take appropriate action, including suspending your account, for suspected violations.

We may suspend or terminate your account, License Key, and access to the Software at any time if you breach this Agreement, if your payment fails, if we reasonably suspect fraud, abuse, or improper chargebacks, or if we are required to do so by law. You may terminate this Agreement at any time by canceling your Subscription and uninstalling the Software.

Upon termination, your license ends and you must cease all use of the Software and delete all copies in your possession. Sections that by their nature should survive (including Sections 9–11, 16–22) will survive termination.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. Boing AND ITS LICENSORS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, COMPATIBLE WITH ANY PARTICULAR DAW OR HARDWARE CONFIGURATION, OR THAT DEFECTS WILL BE CORRECTED. Some jurisdictions do not allow the exclusion of implied warranties; in those jurisdictions the above exclusions apply to the fullest extent permitted by law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Boing, ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, LOST OR CORRUPTED PROJECTS, FAILED EXPORTS, OR MISSED DEADLINES, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Boing'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO Boing FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (B) US $100. THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Nothing in this Agreement excludes or limits liability that cannot lawfully be excluded or limited, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any statutory consumer rights that cannot be waived under the law of your country of residence.

You agree to defend, indemnify, and hold harmless Boing, its affiliates, officers, employees, and agents from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Software; (b) your User Content; (c) your violation of this Agreement; or (d) your violation of any law or third-party right.

You represent that you are not located in, and will not use or export the Software to, any country or to any person subject to applicable trade sanctions or export controls (including those of the United States, the European Union, and the United Kingdom), and that you are not on any restricted-party list.

This Agreement is governed by the laws of [STATE/COUNTRY], without regard to its conflict-of-laws rules. The parties consent to the exclusive jurisdiction of the courts located in [STATE/COUNTRY] for any dispute not subject to arbitration, subject to any non-waivable rights you have as a consumer in your country of residence.

Note: The Company should have counsel confirm the governing-law jurisdiction, venue, and whether an arbitration clause or class-action waiver is appropriate before publication.

We may modify this Agreement from time to time. If we make material changes, we will provide reasonable notice (for example, by email or an in-app notice) before the changes take effect. Your continued use of the Software after the effective date constitutes acceptance of the revised Agreement. If you do not agree, your remedy is to cancel your Subscription and stop using the Software.

This Agreement, together with the Privacy Policy and Refund Policy, constitutes the entire agreement between you and Boing regarding the Software and supersedes any prior agreements. If any provision is held unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right is not a waiver. You may not assign this Agreement without our prior written consent; we may assign it in connection with a merger, acquisition, or sale of assets. Notices to us should be sent to info@useboing.com.

Questions about these terms? Email info@useboing.com.