Terms and Conditions

1. About this document

These Terms and Conditions are the agreement between you and Neural Nexus Studios (in this document, “we”, “us” or “the Publisher”) covering the Application — the ToneSphere audio routing and mixing software, in any form in which we distribute it, together with its documentation.

This document governs your right to install and use the Application. Two related documents sit alongside it and are part of the same agreement:

Where a subject is covered in one of those documents, it is cross-referenced here rather than repeated.

2. Acceptance

By installing, copying or using the Application you accept these Terms and Conditions. If you do not accept them, do not install or use the Application, and remove any copy you have already installed.

If you are using the Application in the course of employment or on behalf of an organisation, you confirm that you are authorised to accept these terms on its behalf.

3. Grant of use

The Application is released under the MIT Licence. The full text is in the LICENSE file at the root of the project repository, and it — not this section — is the operative grant. If anything in this document appears to narrow it, the MIT Licence wins.

What that means in practice, stated plainly because MIT is short enough to be easy to under-read:

Windows builds that include ASIO support are licensed to you under the GNU General Public License, version 3. ASIO support is a separate component, tonesphere_asio.dll, built from Steinberg’s ASIO SDK, which Steinberg licenses under GPLv3; its own source, in the native/asio directory of the repository, is GPLv3 (the licence text is in that directory’s LICENSE file). A distributed build that includes that component — the Windows executable published on the project’s releases page — is distributed under GPLv3 as a whole. The Microsoft Store package does not include that component. For a build that does:

Builds without that component — the Microsoft Store package, and the Linux and macOS executables — are under the MIT Licence alone.

Price and future versions. The Application is free of charge today. We may in future offer paid versions, editions or features, through the Microsoft Store or through other channels, and may release future versions under licence terms different from those above. If we do:

4. Acceptable use

The MIT Licence in section 3 governs what you may do with the software itself, and this section does not take any of it back. What follows is about conduct the licence does not speak to — the law, other people’s audio, and other people’s trademarks.

You may not:

You are responsible for your use of the Application, and you agree to hold us harmless from claims arising out of your breach of this section — in particular claims relating to audio you captured, transmitted or published.

5. Third-party plugins

On Windows, the Application can host VST3 audio effect plugins that you already own, and load them onto the device inputs and outputs you choose. AU plugins are not supported, and instrument plugins are not offered. Those plugins are not ours:

6. Third-party components

The Application is built on third-party software, including PortAudio (through sounddevice), Qt (through PySide6), NumPy, FastAPI, Steinberg’s VST3 SDK (MIT), Xiph’s libopus (BSD 3-clause) and, in Windows builds from GitHub, Steinberg’s ASIO SDK (GPLv3; see section 3). The project’s docs/DEPENDENCIES.md lists them with their licences. Each of those components is governed by its own licence, and those licences continue to apply to those components. Nothing in this agreement restricts a right you have in a third-party component under its own licence.

“ASIO” and “VST” are trademarks of Steinberg Media Technologies GmbH. Their use here describes compatibility and implies no endorsement.

7. Audio levels, hearing and equipment

The Application processes and monitors audio in real time, at gain settings you control. A routing mistake, a feedback loop, a mis-set gain or a misbehaving plugin can produce sudden loud output.

The Application places a limiter on each output, and that limiter exists so that a routing mistake sounds like a compressed mix rather than a burst of digital noise. It is a mix-safety measure. It is not a hearing-protection device and it is not an equipment protection device, and it should not be relied on as either. Set levels carefully, start low, and protect your ears, your monitors and your headphones yourself.

8. No warranty

The Application is provided “as is” and “as available”, without warranty of any kind, whether express, implied or statutory, including any implied warranty of merchantability, fitness for a particular purpose, non-infringement, or uninterrupted or error-free operation. To the extent that applicable law does not permit the exclusion of a particular warranty, that warranty is limited to the minimum period and extent the law requires.

In particular, and consistent with how this project documents itself:

9. Limitation of liability

To the fullest extent permitted by applicable law, we will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profit, revenue, goodwill, data, recordings, performances, sessions or business opportunity, arising out of or in connection with the Application or its use, whether in contract, tort (including negligence) or otherwise, and whether or not we were advised of the possibility of such loss.

To the fullest extent permitted by applicable law, our total aggregate liability arising out of or in connection with the Application and this agreement is limited to the greater of the amount you actually paid for the Application in the twelve months before the claim — which, for a copy obtained free of charge, is zero — or INR 1,000.

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, or for fraud or fraudulent misrepresentation.

10. Voluntary support

Sponsorships and donations made through GitHub Sponsors, Patreon, Ko-fi or Buy Me a Coffee are voluntary contributions to the project’s continued development. They are not a purchase of the Application, and they do not grant additional rights, entitlements, warranties or service commitments. See the Terms of Service for how that is handled.

11. Term and termination

This agreement applies for as long as you use the Application.

Your MIT Licence rights are not revocable by us, and nothing here ends them. The MIT Licence is a grant, not a subscription: it continues for as long as you meet its one condition, and this agreement cannot and does not take it away. What can lapse for breach of this agreement is anything granted beyond MIT — permission to use our names, and any support or goodwill we extend voluntarily under section 10.

You may stop using the Application at any time by uninstalling it. Sections 8, 9 and 13 survive.

12. Changes to these terms

We may update these Terms and Conditions. Every version carries a version number and an effective date at the top of the document, and the current version is published at the address where you are reading it. If you continue to use the Application after an updated version takes effect, you accept the updated version. If you do not accept it, stop using the Application and uninstall it. Superseded versions remain in the project repository’s history.

13. Governing law and jurisdiction

This agreement, and any dispute or claim arising out of or in connection with it or with the Application, is governed by the laws of India, without regard to conflict-of-laws rules.

The courts at Kolkata, West Bengal, India have exclusive jurisdiction over any such dispute or claim, and you and we submit to that jurisdiction. Nothing in this section removes a right you may have under the consumer-protection law of your own country of residence to bring proceedings there, where that law gives you that right and it cannot be excluded by agreement.

14. General

15. Contact

Questions, notices and permission requests relating to this agreement should be raised as an issue in the project repository:

https://github.com/AvishakeAdhikary/tone-sphere/issues

That is the project’s contact channel. Issues are public, so do not include anything confidential in one.