This agreement
These Terms and Conditions ("Terms") are a legal agreement between you and HypeMuzik, operated as a sole proprietorship by an individual developer based in the Republic of Uganda ("HypeMuzik", "we", "us"). They cover the HypeMuzik desktop application, the HypeMuzik mobile application, and this website (together, the "Service").
By installing, opening, or using the Service you accept these Terms. If you do not accept them, do not use the Service. If you are using HypeMuzik on behalf of an organisation, you confirm you have the authority to bind that organisation.
Our Privacy Policy forms part of these Terms.
Your licence to use HypeMuzik
We grant you a personal, non-exclusive, non-transferable, revocable licence to install and use the Service on devices you own or control, for your own use.
You may not:
- sell, rent, sublicense, or redistribute the Service, or charge others for access to it;
- reverse-engineer, decompile, or disassemble any part of it, except to the extent that applicable law expressly permits this despite this restriction;
- remove or obscure any copyright, trademark, or attribution notice;
- use the HypeMuzik name, logo, or branding in a way that suggests we endorse or are affiliated with you, without our written permission.
We keep all rights in the Service that these Terms do not expressly grant you. Using HypeMuzik does not transfer any ownership to you.
Your music, your responsibility
HypeMuzik is a player. It does not supply, host, sell, or distribute any music. Everything you hear through it comes from somewhere you chose: files already on your device, a cloud account you connected, an internet radio stream, or another third-party source.
You are solely responsible for the content you play, download, store, or stream through the Service, and for holding whatever rights, licences, or permissions that content requires in your country. We do not review, verify, or monitor it, and we have no way of knowing what you are playing.
If you do not have the right to use a piece of content, do not use HypeMuzik to play it.
Acceptable use
You agree not to use the Service:
- to infringe anyone's copyright, trademark, or other rights;
- to break any law that applies to you;
- to circumvent digital rights management, access controls, or any technical protection measure;
- to interfere with, overload, or attempt to gain unauthorised access to the Service or to any system it connects to;
- to distribute malware, or to bundle the Service into anything that does.
Third-party services
HypeMuzik can connect to services operated by other companies — including Google Drive, Dropbox, internet radio providers, and other third-party media sources. Those connections are made at your request, using your own accounts.
When you use them, you are also bound by their terms and privacy policies. We do not control those services, do not guarantee they will keep working, and are not responsible for their content, availability, or conduct. A third party changing or withdrawing its service may remove a HypeMuzik feature with no notice to us or to you.
No affiliation. HypeMuzik is an independent product. It is not affiliated with, sponsored by, endorsed by, or otherwise connected to Google LLC, YouTube, Dropbox, Inc., Apple Inc., or any other third party whose service it can connect to. All trademarks belong to their respective owners and are used only to describe compatibility.
Copyright and takedowns
We respect copyright and we expect our users to do the same. If you believe something distributed by us — our website, our app binaries, or our own materials — infringes your copyright, contact us at brunolabs256@gmail.com with enough detail to identify the work and the material in question, and we will investigate promptly.
Please note that we cannot remove content from your device, from your cloud storage, or from a third-party service. We do not host user music and have no access to it. A notice about content playing inside someone's own copy of the app must go to whoever actually hosts that content.
Listening safely, and your equipment
HypeMuzik includes a 31-band equalizer, gain, bass enhancement, limiting and other processing that can substantially increase output level. That is the point of the product, and it comes with real physical consequences.
Prolonged listening at high volume can permanently damage your hearing. Extreme gain or band settings can also distort audio and damage headphones, speakers, or amplifiers. Set levels responsibly, reduce gain before applying large boosts, and stop if you experience discomfort or ringing.
You use the equalizer and DSP features at your own risk, and you are responsible for the levels you choose. To the fullest extent the law allows, we are not liable for hearing damage or for damage to audio equipment resulting from settings you applied.
Payments and donations
HypeMuzik is currently free to download and use, and in-app payments are switched off.
If we later introduce paid features, supporter tiers, or donations, the price, what it includes, and the refund terms will be shown clearly before you pay, and payment will be handled by a third-party payment processor under its own terms. Nothing in these Terms obliges you to pay for anything you have not explicitly bought.
Open-source components
The Service includes third-party open-source software, each covered by its own licence. Those licences continue to govern their components and, where they conflict with these Terms in respect of that component, they prevail. Related source and release information is published at our GitHub repository.
Availability, updates and changes
We may change, suspend, or discontinue any part of the Service at any time, and we may release updates that add, alter, or remove features. We are not obliged to maintain backwards compatibility or to keep any particular feature available.
We may update these Terms. The current version always lives at this address with its effective date at the top. If a change is material we will make a reasonable effort to highlight it. Continuing to use the Service after a change means you accept the updated Terms; if you do not accept them, stop using the Service and uninstall it.
No warranties
The service is provided "as is" and "as available", without warranty of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
We do not warrant that the service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, that it will be compatible with your hardware or software, or that any data it stores will be preserved. You are responsible for maintaining your own backups of anything you value.
Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you. Where that is the case, the excluded warranties are limited to the minimum duration and scope the law permits.
Limitation of liability
To the fullest extent permitted by law, HypeMuzik and its operator will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to your use of or inability to use the service — whether based in contract, tort, negligence, strict liability, or any other theory, and even if we have been advised of the possibility of such damages.
To the fullest extent permitted by law, our total aggregate liability for all claims relating to the service is limited to the greater of the amount you actually paid us for the service in the twelve months before the claim arose, or fifty United States dollars (US$50).
Nothing in these Terms 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. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
Indemnity
You agree to indemnify and hold harmless HypeMuzik and its operator from any claim, demand, loss, liability, or expense (including reasonable legal fees) brought by a third party and arising out of your use of the Service, the content you play or distribute through it, your breach of these Terms, or your violation of any law or of anyone else's rights.
Termination
You may end this agreement at any time by uninstalling the Service. We may suspend or terminate your licence if you breach these Terms, or if we discontinue the Service.
The sections that by their nature should survive termination — your responsibility for content, the disclaimers, the limitation of liability, the indemnity, and the governing-law provisions — survive it.
Governing law and disputes
These Terms are governed by the laws of the Republic of Uganda, without regard to conflict-of-law rules. The courts of Uganda have exclusive jurisdiction over any dispute arising from them, and you consent to that jurisdiction and venue.
If you live in a country whose consumer-protection law gives you rights that cannot be overridden by contract, nothing here removes those rights.
Before starting formal proceedings, please write to us at brunolabs256@gmail.com. Most disputes are resolved far faster by an email than by a filing.
General terms
- Entire agreement. These Terms and the Privacy Policy are the whole agreement between us about the Service, and replace any earlier understanding.
- Severability. If any provision is found unenforceable, it is limited or removed to the minimum extent necessary and the rest stays in force.
- No waiver. If we do not enforce a provision, that is not a waiver of our right to enforce it later.
- Assignment. You may not assign these Terms without our consent. We may assign them as part of a transfer of the Service.
- Force majeure. Neither party is liable for a failure to perform caused by events beyond its reasonable control.
Contact
Questions about these Terms go to brunolabs256@gmail.com.
See also our Privacy Policy.