Terms of ServiceEffective date: 2024-05-09

1 General Conditions

1.1 Purpose

① This agreement (hereinafter referred to as the “Agreement”) is a legal contract between Gaudio Lab, Inc. (hereinafter referred to as “Gaudio”) and “Customers” (terminology defined 1.2) who use services provided by “Gaudio” under this “Agreement”. The purpose of this “Agreement” is to define basic terms and conditions for the use of service offered by “Gaudio” in relation to the user’s right, obligation and responsibility, terms and conditions of use, and procedures applicable to such use.

1.2 Terminology Definition in This Agreement

① Service is used to refer to the “Online Service” and “Application Service” below.

② “Online Service” means the following services (including software).

• Web services and solution services provided by “Gaudio” on the service website.

③ “Application Service” means the following services (including software).

• Application services provided by “Gaudio” in various software market stores.

• Application services provided by “Gaudio” on its website.

④ “Mobile Application Service” means the following services (including software).

• Mobile application services provided by “Gaudio” in various mobile software market stores.

⑤ “Customer” means all users including individuals, corporations, and public institutions using various services provided by Gaudio.

1.3 Posting and Modification

① The provisions of this “Agreement” can be found at “Online Service” website.

② “Gaudio” may revise this “Agreement” whenever necessary within the scope of not violating relevant laws.

1.4 Unless stated otherwise

① Matters not specified in these terms and conditions shall be governed by relevant laws.

2 Customer Service Use and Company Service Provision

2.1 Customer Service Use

① To use the “Online Service”, “Customer” uploads the original content to the server managed by “Gaudio” and receives the processing result for the original content.

② To use the “Application Service” and “Mobile Application Service”, “Customer” can download and use the application through the software market stores or the “Gaudio” website. Because “Application Service” is processed in real time within the user’s devices, the original content is not uploaded to the server managed by “Gaudio”.

2.2 Company Service Provision

① In principle, “Gaudio” provides service 24 hours a day, 7 days a week. However, the provision of this service may be changed or stopped at any time due to the circumstances of "Gaudio".

3 Service Fees and Management

3.1 Service Fees

① “Customers” using the “Online Service” can utilize the music separation service by deducting credits assigned to their accounts. “Customers” can use a small amount of credits provided by "Gaudio" for free after signing up for the service and can also use the service for a fee by purchasing several plans suggested by “Gaudio”.

② Certain "Mobile Application Services" are available through in-app purchases facilitated by software market stores, allowing “Customers” who desire access to all functionalities the option to subscribe to paid services.

③ “Customer” who wants to use the Cloud API (Application Programming Interface) or SDK (Software Development Kit) can use the service for a fee, and if “Customer” contacts "Gaudio" separately, “Gaudio” will guide “Customer” through the fee policy and usage guide.

4 Obligations of Contract Parties

4.1 Obligations of Gaudio

① “Gaudio” will make every effort to provide “Customer” with services requested by “Customer” in a stable and continuous manner.

② If an error or problem occurs which interferes with normal operation of services, “Gaudio” will take immediate measures to restore or recover them promptly and do everything possible to ensure they are operational again.

③ To facilitate services, “Gaudio” may collect and store personal information in accordance with the privacy policy posted on the service website. “Gaudio” does not provide personal information of “Customer” to third parties without the consent of “Customer”. However, if a court order or other judicial authority issues a certificate issued in accordance with laws or regulations, then “Gaudio” may comply with such requirements.

4.2 Obligations of Customers

① “Customer” must have acquired sufficient copyrights for the original content in advance before using the service. At least, it is desirable to use the “Online Service” by acquiring the right to create a secondary work under the copyright law for the original content.

② “Customer” must fully understand that “Gaudio” does not hold any liability regarding the results of processing the application or program. More precisely, the result of processing the application or program provided by “Gaudio” does not guarantee any rights of “Customer” under copyright law.

③ “Customer” must take full responsibility for any copyright issues arising after using the application or program. The “Customer” needs to have copyright rights over the content and therefore will be held liable for illegally using the application or program.

④ “Customer” shall not interfere with the service operation of “Gaudio” or the use of service by other customers or infringe the rights of third parties. In connection with this, “Gaudio” may operate a report center on the service website where “Customer” can notify or report illegal acts of some customers.

⑤ “Customer” cannot reverse engineer, decompile, disassemble, or exploit any technical limitations of the application or program. However, exceptions to this rule are permitted when specifically permitted by relevant laws.

⑥ “Customer” may not lease, loan, rent, resell, transfer or host the service or any part of the service to a third party.

5 Compensation

5.1 Compensation of “Gaudio”

① “Gaudio” shall not be responsible for any liabilities, damages, lawsuits, claims, or compensations arising out “Customer” with the use of the service.

6 Other matters

6.1 Governing Law and Judiciary

① These Terms and Conditions are governed by the laws of the Republic of Korea regardless of the location of the Customer.

② “Customer” and “Gaudio” permanently agree to the jurisdiction of the Seoul Central District Court and waive the right to object to the inconvenience of jurisdiction. Notwithstanding the preceding paragraph, the judgments and rulings of the Seoul Central District Court can be enforced at any court in the location of “Customer” or “Gaudio”.

6.2 Disclaimer

① To the maximum extent permitted by governing law, the service is provided on an as-is, as-available bases. “Gaudio” makes no warranties of any kind, including, but not limited to, condition, quality, durability, performance, accuracy, reliability, merchantability, fitness for a particular purpose, prevent infringement, smooth service, error-free, harm-free, security, preventing damage of function or data, or loss of function or data.

② To the maximum extent permitted by governing law, “Gaudio” does not represent or guarantee the validity, accuracy, reliability, quality, stability, completeness or currentness of the information provided by the service. Some jurisdictions do not allow the exclusion or limitation of duration of implied warranties, so the beforementioned exclusion or limitation may not be applied.

6.3 Severability

① If any provision is found to be invalid or unenforceable by a court or competent tribunal, the enforceability of the remaining provisions shall remain unaffected and will remain in force and effect.

6.4 No Waiver

① In the event that “Customer” violates the “Agreement”, even if “Gaudio” does not enforce its rights or take action, it shall not be deemed a waiver by “Gaudio” of its rights under these terms or a relinquishment of the right to enforce those rights with respect to subsequent or similar actions that may occur.

7 Special Thanks

7.1 The software below is used for “Application Service”.

JUCE

Blackhole

7.2 The open-source libraries listed in below link are used for “Mobile Application Service”.

Link to Open-source libraries

7.3 The font below is used for “Application Service” and “Mobile Application Service”.

Pretendard

8 Supplementary Provisions

8.1 Effective Date

① These Terms will take effect on May 9, 2024.

8.2 Previous Terms of Service

January 31, 2024 ~ May 8, 2024