TERMS OF SERVICE FOR 2TRACK

Last Updated: October 2025
Effective Date: October 2025

Please read these Terms of Service ("Terms") carefully before using the 2TRACK mobile application ("App", "Service"). These Terms constitute a legally binding agreement between you ("User", "you") and 2TRACK ("we", "us", "our").

1. ACCEPTANCE OF TERMS

By downloading, installing, accessing, or using 2TRACK, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these Terms, do not use the App.

You must be at least 13 years old to use this App. If you are under 18, you represent that you have your parent's or guardian's permission to use the App.

2. LICENSE GRANT

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on devices you own or control
• Use the App for personal or professional audio comparison purposes

This license does not permit you to:

• Copy, modify, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Remove or alter any copyright, trademark, or proprietary notices
• Use the App for any illegal or unauthorized purpose
• Rent, lease, lend, sell, or sublicense the App

3. FREE VERSION AND SUBSCRIPTIONS

3.1 Free Version

The free version of 2TRACK includes:

• Up to 2 saved sessions
• All core audio comparison features
• Timestamped notes and comments
• A/B switching and playback controls
• Audio file import (WAV, AIFF, MP3, M4A, FLAC)

3.2 Pro Subscription

The Pro subscription unlocks:

• Unlimited saved sessions
• Unlimited timestamped notes
• PDF export functionality
• All future Pro features

3.3 Subscription Terms

• Subscriptions are available as monthly or yearly plans
• Prices are displayed in the App and confirmed before purchase
• Payment is charged to your Apple ID account at confirmation of purchase
• Subscriptions automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period
• Your account will be charged for renewal within 24 hours prior to the end of the current period
• You can manage and cancel subscriptions in your Apple ID Account Settings
• No refunds for partial subscription periods
• When a subscription is cancelled, access to Pro features continues until the end of the current billing period

3.4 Free Trial

If a free trial is offered:

• You will be charged the subscription price when the trial period ends
• Cancel before the trial ends to avoid charges
• Previous free trial users are not eligible for additional free trials

4. PAYMENTS AND REFUNDS

4.1 Payment Processing

All payments are processed by Apple through the App Store. We do not process or store your payment information.

4.2 Refunds

Refund requests are handled entirely by Apple according to Apple's refund policies. To request a refund:

• Go to reportaproblem.apple.com
• Sign in with your Apple ID
• Select the purchase and request a refund

We do not have the ability to issue refunds directly.

4.3 Price Changes

We reserve the right to modify subscription prices. Price changes will not affect existing subscribers until their next renewal period. You will be notified of price changes in advance.

5. USER RESPONSIBILITIES

You agree to:

• Use the App in compliance with all applicable laws and regulations
• Only import audio files that you own or have permission to use
• Respect intellectual property rights, including copyrights and trademarks
• Not use the App to infringe on any third party's rights
• Not attempt to hack, reverse engineer, or compromise the App's security
• Not use the App for any unlawful, harmful, or fraudulent purpose
• Not transmit any viruses, malware, or harmful code
• Not impersonate others or provide false information

6. CONTENT OWNERSHIP AND INTELLECTUAL PROPERTY

6.1 Your Content

• You retain all rights to audio files you import into 2TRACK
• You are solely responsible for ensuring you have the necessary rights to use any audio content
• We claim no ownership over your audio files or session data
• All your content remains on your device; we do not access, store, or transmit it

6.2 App Ownership

• 2TRACK, including all software, designs, logos, and content, is owned by us and protected by copyright, trademark, and other intellectual property laws
• Our trademarks and trade dress may not be used without our prior written permission

7. AUDIO FILE LIMITATIONS AND TECHNICAL REQUIREMENTS

Technical Limitations:

• Maximum file length: 10 minutes per track
• Maximum file size: 350 MB per track
• Supported formats: WAV, AIFF, MP3, M4A, FLAC
• Requires iOS 17.6 or later
• Internet connection required only for in-app purchases; all audio playback is offline

8. DISCLAIMERS AND WARRANTIES

8.1 "AS IS" Service

2TRACK IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability
• Fitness for a particular purpose
• Non-infringement
• Uninterrupted or error-free operation
• Compatibility with all devices or audio formats
• Accuracy or reliability of results

8.2 No Guarantee

We do not guarantee that:

• The App will meet your specific requirements
• The App will be available at all times or in all locations
• Defects will be corrected
• The App is free from viruses or harmful components
• Audio file playback will be identical on all devices

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

9.1 We Are Not Liable For:

• Loss of data, audio files, or sessions
• Indirect, incidental, consequential, special, or punitive damages
• Lost profits, revenue, or business opportunities
• Damages resulting from your use or inability to use the App
• Damages caused by device incompatibility
• Damages from third-party services (including Apple services)

9.2 Maximum Liability

Our total liability to you for all claims arising from your use of the App shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is less.

9.3 Exceptions

Some jurisdictions do not allow the exclusion of certain warranties or limitations of liability. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless 2TRACK, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights
• Your audio content or use of audio files

11. DATA AND PRIVACY

Your use of the App is subject to our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data practices.

Key Points:

• We do not collect your personal data or audio files
• All data is stored locally on your device
• We have no access to your content
• See our Privacy Policy for complete details

12. TERMINATION

12.1 Termination by You

You may stop using the App at any time by deleting it from your device. To cancel a subscription, follow Apple's cancellation process in your Account Settings.

12.2 Termination by Us

We reserve the right to:

• Terminate or suspend your access to the App immediately, without prior notice, for:
  • Violation of these Terms
  • Fraudulent or illegal activity
  • Harm to other users or our business
  • Any other reason at our discretion
• Discontinue the App entirely with reasonable notice

12.3 Effect of Termination

Upon termination:

• Your license to use the App immediately ceases
• You must delete the App from your devices
• Provisions of these Terms that should survive (including payment obligations, disclaimers, and limitations of liability) will continue

13. UPDATES AND MODIFICATIONS

13.1 App Updates

We may release updates, upgrades, or modifications to the App. Updates may:

• Add new features
• Remove features
• Fix bugs
• Change functionality

Updates are provided at our discretion and may be required to continue using the App.

13.2 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms in the App
• Updating the "Last Updated" date
• Providing in-app notification (for significant changes)

Continued use of the App after changes constitutes acceptance of the new Terms.

14. THIRD-PARTY SERVICES

The App integrates with Apple services (App Store, StoreKit). Your use of these services is subject to Apple's terms and conditions. We are not responsible for any third-party services.

15. EXPORT COMPLIANCE

You may not use or export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. You represent that you are not:

• Located in a country subject to a U.S. Government embargo
• Listed on any U.S. Government list of prohibited or restricted parties

16. DISPUTE RESOLUTION

16.1 Informal Resolution

Before filing a claim, please contact us at support@2trackaudio.com to attempt to resolve the dispute informally.

16.2 Binding Arbitration

Any dispute arising from these Terms or the App will be resolved through binding arbitration in accordance with the American Arbitration Association's rules, rather than in court. Arbitration uses a neutral arbitrator instead of a judge or jury.

16.3 Class Action Waiver

You agree to resolve disputes on an individual basis. You waive any right to participate in a class action lawsuit or class-wide arbitration.

16.4 Exceptions

You may assert claims in small claims court if they qualify. Either party may seek injunctive relief in court for intellectual property infringement.

17. GOVERNING LAW

These Terms are governed by the laws of the United States and the State of [Your State], without regard to conflict of law principles.

18. SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

19. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, constitute the entire agreement between you and 2TRACK regarding the App and supersede all prior agreements and understandings.

20. NO WAIVER

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

21. ASSIGNMENT

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

22. CONTACT INFORMATION

For questions, concerns, or notices regarding these Terms of Service:

Email: support@2trackaudio.com
Support Form: Available in the App under Profile > Support

23. APPLE-SPECIFIC TERMS

23.1 Acknowledgment

You acknowledge that these Terms are between you and 2TRACK only, not with Apple, and Apple is not responsible for the App or its content.

23.2 Scope of License

The license granted is limited to a non-transferable license to use the App on Apple-branded products that you own or control as permitted by the Usage Rules in the App Store Terms of Service.

23.3 Maintenance and Support

Apple has no obligation to provide maintenance or support services. We are solely responsible for support.

23.4 Warranty

Apple has no warranty obligation. Any claims, losses, liabilities, damages, costs, or expenses attributable to failure to conform to any warranty will be our sole responsibility.

23.5 Product Claims

We, not Apple, are responsible for addressing any claims relating to the App, including:

• Product liability claims
• Claims that the App fails to conform to legal or regulatory requirements
• Claims arising under consumer protection or similar legislation

23.6 Intellectual Property

In the event of any third-party claim that the App infringes that third party's intellectual property rights, we, not Apple, will be responsible for the investigation, defense, settlement, and discharge of such claim.

23.7 Third-Party Beneficiary

Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

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By using 2TRACK, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.

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