Terms of Service

1. Who these terms are between

These terms are an agreement between you and QSYNC PTY LTD (ABN 89 698 760 986), an Australian company, and they apply whenever you use our website, buy a licence, or run any QSYNC application.

If you do not accept them, do not use the software. How we handle your personal information is set out separately in our Privacy Policy, which forms part of these terms.

2. The licence we give you

When you obtain a licence we grant you a personal, non-exclusive, non-transferable right to install and use the relevant QSYNC application for your own use, for as long as your licence is valid.

You are licensing the software, not buying it. We and our suppliers keep all intellectual property in it.

You may not:

• copy, resell, rent out, sublicense or redistribute the software;
• reverse engineer, decompile or disassemble it, except where the law says you may despite this term;
• work around, disable or tamper with licensing, activation or any technical protection;
• share your licence key or account with anyone else;
• use it to break the law, or to infringe anyone's copyright.

3. Devices, activation and transfers

One licence is valid on one active device at a time. Activating it registers that device against your licence.

You can move a licence to a new device by releasing it from the old one first. A licence can be transferred once every 30 days. That limit exists to stop a single licence being shared around, and it applies from the last transfer, not the last activation.

If a device is lost, broken or stolen and you cannot release it yourself, contact support and we will release it for you.

4. Being offline

QSYNC applications check your licence with our servers about once a day when they are online. If you go offline, the software keeps working for 7 days before it needs to reach us again.

This is why an internet connection is needed occasionally even for software installed on your own hardware. If your licence has ended, been cancelled or been refunded, access stops the next time the device checks in, and may continue for up to that 7-day offline window.

5. Terms, renewal and cancellation

Licences are sold for a term. What you bought, and how long it runs, is shown on your account page and in your purchase confirmation.

• Subscription licences stay valid to the end of the paid period and renew only when a payment succeeds. Cancel at any time and your licence keeps working to the end of the period you have already paid for.
• Trial licences are time-limited and end automatically.
• Complimentary licences may be issued at our discretion and withdrawn on notice.

Licences are sold as subscriptions, monthly or annual. A subscription renews for the same term unless you cancel it, and you can cancel at any time - your licence then runs to the end of the period you have already paid for. We do not currently sell a perpetual licence.

6. Prices, payment and refunds

Prices are shown on our pricing page in the currency you select, and include or exclude tax as indicated at checkout. Payments are handled by our payment provider; we never see or store your card details.

Your rights under consumer law come first, and section 13 sets them out. Beyond those, if something has gone wrong - you bought the wrong product, it will not run on your hardware, or it is not what you expected - contact support and we will look at it. We would rather sort out a problem than hold on to money for software somebody cannot use.

When a purchase is refunded, the licence it paid for stops working. It is marked refunded and no longer activates, on that device or any other.

Where the law gives you a right to a refund or to cancel, that right applies regardless of anything in this section.

7. Your music and your library

Everything in your collection remains yours. We claim no ownership of, and no rights over, any music, video or other content you play, tag or manage with QSYNC software.

QSYNC applications read and, where you ask them to, write metadata to files on your own hardware. You are responsible for having the right to use the content you point them at, and for keeping backups. Always have a backup before running any tool that writes to your files.

8. Accounts

You need an account to hold licences. Keep your email account secure, because access to it is how you sign in. Tell us promptly if you think someone else has got into your account.

You must be old enough to enter a contract where you live. QSYNC is not sold to children.

9. Social and Seminar features

Some products let you connect with other people, share what you are listening to, or attend a seminar. When you use those features:

• be civil, and do not harass, abuse or impersonate anyone;
• do not stream or present content you do not have the right to use;
• seminar organisers are responsible for what they present, and warrant they hold the rights to it.

We can suspend access to these features, without affecting your licence to the software itself, if they are being misused.

10. Third-party content and services

QSYNC software can look up album information from external sources and can work alongside services you already subscribe to. Those services have their own terms, we do not control them, and we are not responsible for their content or availability. Metadata we retrieve is provided as it comes to us and may be incomplete or wrong.

11. Updates and changes to the software

We release updates, and some are needed to keep licensing and compatibility working. Features may be added, changed or withdrawn over time. We will not remove a feature that is central to what you paid for during a term you have already paid for.

12. Availability

We work to keep our licensing and online services running, but we do not promise they will be uninterrupted. They may be unavailable for maintenance or reasons outside our control. The 7-day offline window in section 4 is designed so short outages do not stop you using software you have installed.

13. Your rights under consumer law

Nothing in these terms excludes, restricts or modifies any consumer guarantee, right or remedy you have under law that cannot legally be excluded.

QSYNC PTY LTD is an Australian company, so the following statement applies and must appear substantially as written:

Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures you are entitled to a replacement or refund, and to compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods or services remedied if they are not of acceptable quality and the failure does not amount to a major failure.

14. Liability

Subject to section 13, and to the extent the law allows, we are not liable for indirect or consequential loss, for lost profits, or for loss of or damage to data. Keep backups.

Where our liability cannot be excluded, it is limited, at our option, to supplying the software or service again or paying the cost of doing so. Otherwise, and to the extent the law allows, our total liability to you for all claims is limited to the amount you paid us for the licence concerned in the twelve months before the claim arose.

15. Suspension and termination

You can stop using the software at any time and close your account by contacting us.

We may suspend or end a licence if it is being shared or resold, if licensing protections are being circumvented, if a payment is reversed or charged back, or if the software is being used unlawfully. Except where the breach is serious or repeated, we will tell you and give you a chance to put it right first.

16. Changes to these terms

We may update these terms. The date at the top changes when we do. If a change materially affects your rights we will tell you by email or on this site before it takes effect, and for a licence you have already paid for, the terms you agreed to at purchase continue to apply for that term.

17. Governing law

These terms are governed by the laws of Victoria, Australia, and the courts there have non-exclusive jurisdiction. This does not remove any protection you have under the law of the country where you live.

18. Contact

QSYNC PTY LTD (ABN 89 698 760 986)
Support · legal@qsync.info