Terms of Use

Last Update: 11/01/2024

Agreement to Terms

The Auxeus website, any information created and/or provided by Auxeus, and any services provided by Auxeus (collectively “Services”) are owned, operated and maintained by Auxeus LLC (“we” “us” “our”). By accessing or using the Services, you have read, understand and agree to be bound by these Terms of Use (“Terms”) and Privacy Policy, whether or not you are a registered user of Auxeus. “You” or “user” or refers to you in relation to the Services. If you do not agree to be bound, do not access or use the Services. The Services enable you to upload audio files and process them into professionally mastered results.

By using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services. We reserve the right to modify, add, or delete any portion of these Terms at any time. Your continued use of the Services after any changes to the Terms constitutes your acceptance of the new Terms. If you do not agree to these Terms or any future Terms, you may not access or use the Services. It is the responsibility of the user to check the website periodically and review any changes made to these Terms.

You should only access or use the Services if you are at least 18 years old. Persons under the age of 18 are not permitted to use the Services. If you are under 18, you need to have a parent or guardian assist you with their permission.

We may make changes to this Agreement and to the Services from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. You should regularly check for the most recent version. The most recent version is the version that applies. If you continue to use the Services after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements and shall govern your entire relationship with Auxeus, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.

File Uploads

We do not assert any ownership over your files that are uploaded. You retain full ownership of all of your files and any intellectual property rights or other proprietary rights associated with your files. We are not liable for any statements or representations in your files provided by you in any area on the Services. You are solely responsible for your files to the Services and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your files.

We don't store or share your uploaded files. After they are Mastered, your files are deleted instantly.

Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Services is hosted in the United States. If you access the Services from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Services, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

Intellectual Property Rights

Unless otherwise indicated, the website and Services are our proprietary property and all functionality and website design (collectively “Content”) and the trademarks, service marks, and logos contained herein (the “Marks”) are protected under copyright and trademark laws and other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Services uses libraries from the FFmpeg project under the LGPLv2.1. The Services uses code of FFmpeg (http://ffmpeg.org) licensed under the LGPLv2.1 (http://www.gnu.org/licenses/old-licenses/lgpl-2.1.html) and its source can be downloaded at http://ffmpeg.org/download.html.

User Representations

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; (7) your use of the Services will not violate any applicable law or regulation; (8) you are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition); (9) you have not committed, been convicted of, or pled no contest to a felony, a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Services, and that you are not required to register as a sex offender with any state, federal or local sex offender registry; (10) you do not have more than one account on the Services; and (11) you have not previously been removed from the Services by us, unless you have our express written permission to create a new account. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

User Registration and User Account Rules

Registration is free. You agree to keep your password confidential and will be responsible for all use of your account and password. By using the Services, you agree that you will not:

• use the Services for any purpose that is illegal or prohibited by this Agreement.
• use the Services for any harmful or nefarious purpose.
• use the Services in order to damage Auxeus.
• solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.
• use another user’s account, share an account with another person, or maintain more than one account.
• misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity.
• create another account if we have already terminated your account, unless you have our permission.

Auxeus reserves the right to investigate and/or terminate your account if you have violated this Agreement, misused the Services or behaved in a way that Auxeus regards as inappropriate or unlawful, including actions or communications that occur on or off the Services.

Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.
• Use any information obtained from the Services in order to harass, abuse, or harm another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Services in a manner inconsistent with any applicable laws or regulations.
• Engage in unauthorized framing of or linking to the Services.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.
• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the email of another user.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.
• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.
• Copy or adapt the Services’s software, including but not limited to Flash, PHP, HTML, CSS, JavaScript, or other code.
• Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software.
• Use a buying agent or purchasing agent to make purchases on the Services.
• Make any unauthorized use of the Services, including collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
• Use the Services to advertise or offer to sell goods and services.
• Sell or otherwise transfer your profile.

Subscription Plan and Free Trial

Auxeus offers a 7-day free trial and an annual subscription plan. During the free trial period and annual subscription plan, evaluate our Services to ensure it meets your needs. Enjoy unlimited uploads and downloads. We reserve the right to regulate processing speed, terminate a user's free trial, terminate a user's subscription, or terminate a user's account if extremely heavy usage by a user affects service quality for others. While we strive to provide a seamless experience for everyone, data processing and data transfer can incur significant costs. We generously offer unlimited uploads and downloads to all subscribed users; however, this offering is intended to support typical, reasonable usage. We reserve the right to monitor users' usage of the Services and, in cases of excessive, abusive or unreasonable use, either intentional or unintentional, we may impose restrictions, terminate your subscription, or terminate your account, and we will make reasonable efforts to notify you prior to taking action.

Refund Policy

We offer a free 7-day trial period for you to evaluate Auxeus and ensure it meets your needs. During the trial, you can Master your files without restriction.

Because of this trial period, we do not offer refunds or prorated refunds for any subscriptions once the payment has been processed.

Automatic renewal will occur unless paused or cancelled. You will receive email notifications about upcoming payments. Pause or cancel your subscription before the renewal date to avoid charges for the next cycle.

Feedback and Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Services ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Services Management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

Term and Termination

You may terminate your account at any time, for any reason, by contacting us and requesting to delete your account. Auxeus may terminate your account at any time without notice if we believe that you have violated this Agreement. These Terms of Use shall remain in full force and effect while you use the Services. Without limiting any other provision of these terms of use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the services (including blocking certain ip addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these terms of use or of any applicable law or regulation. We may terminate your use or participation in the services or delete your account and any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

Governing Law

These Terms of Use and your use of the Services are governed by and construed in accordance with the laws of the State of Wisconsin applicable to agreements made and to be entirely performed within the State of Wisconsin, without regard to its conflict of law principles.

Dispute Resolution

If you are dissatisfied with our Services for any reason, please contact us first so we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a dispute, to expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute informally for at least ninety (90) days before initiating arbitration or litigation.

Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

Disclaimer

The Services are provided on an as-is and as-available basis. You agree that your use of the Services and our Services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the Services and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Services’s content or the content of any websites linked to the services and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Services, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services, any hyperlinked websites, or any websites or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Auxeus assumes no responsibility or liability for any content that you upload through the Services. Any material downloaded or otherwise obtained through the use of the services is accessed at your own discretion and risk. Auxeus disclaims and assumes no responsibility or liability for any conduct of you on or off the Services.

Limitations of Liability

In no event will Auxeus be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profit, lost revenue, loss of data, personal injury, pain and suffering, emotional distress, loss of business or anticipated savings, loss of use, loss of goodwill, or other damages arising from your use of the Services, even if we have been advised of the possibility of such damages, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. Auxeus is not responsible or liable for the conduct of any user on or off of the Services.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Services with whom you connected via the Services. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Miscellaneous

These Terms of Use, Privacy Policy and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Services. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.