the kluc – End-User License Agreement

Version 1 · effective [[EFFECTIVE DATE]]

This agreement is between you and marcel s. r. o., Mateja Bela 846/8, 811 06 Bratislava, Slovakia, company ID (IČO) 57 152 080, registered in the Commercial Register of the Municipal Court Bratislava III, section Sro, file 191074/B ("we"). It sets out how you may use the kluc. The purchase of a license itself is governed by our Terms of Sale, shown before payment and available at https://thekluc.app/terms. You accept this agreement by clicking "I agree". If you do not agree, do not install or use the kluc.

"Consumer" means a natural person who buys and uses the kluc outside their trade, business or profession. Where this agreement says something applies to consumers or to business customers only, it applies only to them.

1. License

We grant you a non-exclusive, non-transferable license to use the kluc. A purchased license is for one person and is not limited in time. That person may install and use the kluc on up to two computers they use, for private or professional purposes, including preparing music for DJ performances. A company or other organization needs one license for each person who uses the kluc.

A license covers the version of the kluc you bought and the updates described in section 8. Paid upgrades to a new major version, if we offer them, are not included unless the Terms of Sale say otherwise.

2. Trial

Without a license key the kluc runs as a free trial with full functionality for the first 20 different tracks. The trial needs no payment details and creates no obligation to buy.

3. License key

After payment you receive a license key by e-mail. The key is tied to your e-mail address, which the kluc shows in the app. Keep it private and do not share, publish or sell it. If a key has been published or shared with people who did not buy it, we may block it.

3a. License check and number of computers

The kluc confirms the license with our license server about once a week when your computer is online. The check sends only the license key, a random identifier created when the kluc is installed (not your computer's serial number or any other hardware identifier) and the app version. One key can be active on two computers at a time. To move the license to another computer, use "Remove license from this Mac" in the License window, or contact us. A computer that has not confirmed the license for 60 days frees its place automatically. To protect buyers from shared keys, a key can be activated on a new computer at most five times in 30 days; if you need more, contact us.

If the kluc cannot reach the license server for 60 days, it reminds you during the last 14 days and then works as the trial until the next successful check; your files and analyses are not affected. If a key is blocked (section 3) or the purchase is refunded or withdrawn, the kluc returns to the trial at the next check.

4. What you may not do

You may not rent, lend, resell, sublicense or redistribute the kluc or your license key, remove copyright or license notices, or circumvent the license check. You may not decompile or reverse engineer the kluc, except as permitted by section 5 or by mandatory law.

5. Rights that this agreement does not limit

Nothing in this agreement limits the rights that mandatory law gives every lawful user of software, including the rights under Articles 5 and 6 of Directive 2009/24/EC: to make a backup copy, to observe, study and test how the kluc works, and to decompile it where this is indispensable to achieve interoperability with other software.

The kluc includes open-source components under their own licenses, listed in the file THIRD_PARTY_LICENSES.txt inside the application. Nothing in this agreement limits your rights under those licenses. In particular, you may replace the bundled libsndfile library with a modified version, and you may reverse engineer the kluc to the extent needed to debug such a modification, as the GNU Lesser General Public License allows.

6. Your files

The kluc reads your audio files and, only when you confirm, writes tags, renames files or creates new normalized files. "Overwrite the originals" replaces your audio and cannot be undone. Keep a backup of your music library before you let the kluc change files.

7. Privacy and network access

The kluc analyzes your music on your computer and sends no audio, file names, analysis results or usage data anywhere. To confirm the license, the kluc connects to our license server about once a week and sends only the license key, a random identifier of the installation and the app version (section 3a). When you choose to buy a license, the kluc opens a checkout window that connects to our website and to Stripe, which processes the payment. See the privacy statement in the app and the privacy policy at https://thekluc.app/privacy.

8. Conformity and updates

The kluc's analysis (key, tempo, energy, quality, loudness) is an automated estimate. It is not always correct, and a result that differs from another tool or from your own judgement is not by itself a defect.

Consumers: we are liable for any defect that the kluc has when it is supplied and that becomes apparent within two years of supply, and you have all rights that the law gives you for defects of digital content. We will tell you about updates, including security updates, and supply free of charge those needed to keep the kluc in conformity for at least two years from your purchase. If you do not install such an update within a reasonable time after we told you about it and about the consequences of not installing it, we are not liable for a defect caused solely by that. How to report a defect is described in the Terms of Sale.

Business customers: The kluc is provided as it is. To the extent permitted by law, we give no warranty and accept no liability for defects beyond what this agreement and the Terms of Sale state.

New features, compatibility with future versions of macOS beyond the period above, and new major versions are not guaranteed.

9. Liability

Consumers: we are liable for damage in accordance with the law. If damage to your files would have been avoided by keeping the backup recommended in section 6, this may be taken into account as provided by law.

Business customers: to the extent permitted by law, our total liability arising from the kluc and this agreement is limited to the amount you paid for the license, and we are not liable for lost profit, indirect damage or loss of data. This does not apply to damage caused intentionally or by gross negligence, to injury to life or health, or to any liability that cannot be limited by law.

10. Ending the license

You may stop using the kluc at any time. We may end your license by notice to the e-mail address tied to your key if you seriously breach section 3 or 4, for example by publishing your key or circumventing the license check. After the license ends you must stop using the kluc and delete it. Sections 5, 8 and 9 survive. Ending the license does not affect your statutory rights as a consumer.

11. Changes to this agreement

A new version of this agreement applies only to a new version of the kluc that you choose to install, and the kluc will ask you to accept it. It does not take away rights you already have for a version you bought.

12. Law and disputes

This agreement is governed by the laws of the Slovak Republic, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you may bring proceedings in the courts there. Business customers agree to the courts of the Slovak Republic with jurisdiction for our registered office. Information about out-of-court dispute resolution for consumers is in the Terms of Sale.

Contact

marcel s. r. o., Mateja Bela 846/8, 811 06 Bratislava, Slovakia, company ID (IČO) 57 152 080, registered in the Commercial Register of the Municipal Court Bratislava III, section Sro, file 191074/B · VAT ID [[VAT ID]] · darovec@gmail.com · [[PHONE]] · https://thekluc.app