Terms of Service

Effective date: May 2, 2026  ·  Last updated: May 2, 2026

These Terms of Service (the “Terms”) form a binding contract between you (“you” or “User”) and [OPERATOR LEGAL NAME], a sole proprietorship organized under the laws of the Commonwealth of Pennsylvania, United States, doing business as “Aether EQ” (“Aether EQ,” “we,” “us,” or “our”). By creating an account, signing in with Google, clicking “Subscribe,” or otherwise accessing or using the website located at aether-eq.web.app, the API at /api/*, the Aether EQ web application, or any related services (collectively, the “Service”), you agree to be bound by these Terms and by the Privacy Policy and Refund Policy, each of which is incorporated by reference. If you do not agree, do not use the Service.

Plain-English summary (non-binding): Sign in with Google. Start a 2-day Pro trial (payment method required; you are not charged until the trial ends if you cancel in time). After the trial, Pro is $5.99/month. All sales are final. Don’t abuse the service. Disputes are governed by Pennsylvania law and resolved by individual arbitration with a small-claims carve-out. The legally binding text below controls if anything in this summary is unclear.

You accept these Terms by (a) clicking any button or checkbox that says “I agree,” “Subscribe,” “Sign in,” or similar; (b) creating or accessing an account; or (c) using any portion of the Service. If you accept on behalf of an organization, you represent that you have authority to bind that organization, and “you” means that organization.

The Service is offered to individuals at least 13 years of age. Users under 18 must have a parent or legal guardian read and accept these Terms on their behalf. Paid plans Pro Monthly require you to be at least 18 years old and legally capable of entering into binding contracts in your jurisdiction. The Service is not directed to children under 13, and we do not knowingly collect personal information from children under 13.

Authentication is performed by Google Sign-In. We do not collect, store, or have access to your Google password. You are responsible for maintaining the confidentiality of your Google account credentials and for all activity that occurs under your account. You agree to notify us at aether.eq.app@gmail.com immediately if you suspect unauthorized use. We may suspend or terminate any account at our discretion if we have a reasonable belief that the account has been compromised, used to violate these Terms, or used to violate applicable law.

Aether EQ is a web-based tool that helps users generate, store, export, and share parametric equalizer (“EQ”) profiles for headphones, primarily for use with third-party Windows software such as Equalizer APO and Peace. The Service may use machine-learning models, including models hosted by OpenAI, to suggest EQ values based on user prompts. EQ output is informational only and is provided on an “AS IS” basis without warranty of fitness for any particular purpose. See Section 13 (Disclaimers) and Section 14 (Limitation of Liability).

New subscribers may receive a 2-day free trial of Pro (length may be configured; default forty-eight (48) hours). A valid payment method is collected at checkout via Stripe. You will not be charged the subscription fee until the trial ends unless you cancel before then. Each account may use the promotional trial once (trialUsed is recorded after use). The full Service (manual EQ, guided EQ, export, and community) requires an active or trialing Pro subscription. If you forget to cancel before the trial ends, you will be charged and payments are non-refundable as described in Section 7.

Paid plans are processed by Stripe, Inc. Pricing as of the effective date is:

By clicking “Subscribe” or completing checkout, you authorize Stripe and us (through Stripe) to charge your payment method (a) the amount disclosed at checkout, (b) any applicable taxes, and (c) on each renewal date, the then-current renewal amount until you cancel. You may cancel at any time through the Stripe customer portal accessible via the in-app “Manage subscription” button. Cancellation stops future renewals; access continues through the end of the period you have already paid for. We may change prices on a going-forward basis with at least thirty (30) days’ prior notice via email or in-app notice; continued use after the effective date of the new price constitutes acceptance.

Except as expressly required by applicable law or as stated in our Refund Policy, all payments are final and non-refundable, including partial periods, unused time, downgrade, cancellation prior to renewal, non-use, and charges after you forget to cancel before your trial ends. By starting a paid subscription (including after a free trial) you expressly agree that the digital service is delivered immediately upon successful payment, you waive any right of withdrawal or “cooling-off” period to the maximum extent permitted by law (including, where applicable, the right under Article 16(m) of EU Directive 2011/83/EU and equivalent UK provisions), and you acknowledge that doing so means you lose any such right of withdrawal. Nothing in this Section limits non-waivable rights you may have under the laws of your jurisdiction, including rights under the Pennsylvania Unfair Trade Practices and Consumer Protection Law, 73 P.S. § 201-1 et seq., or your card-network chargeback rights.

Subject to your continuous compliance with these Terms and timely payment of any applicable fees, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial purposes, and to use the EQ values generated by the Service in compatible third-party software. You may not (a) sell, resell, sublicense, rent, or lease the Service; (b) reverse engineer, decompile, or disassemble the Service except to the extent expressly permitted by applicable law; (c) use the Service to build a competitive product; (d) scrape, mass-download, or otherwise extract bulk data from the Service; or (e) circumvent any usage limits, paywalls, or rate limits.

9. User Content and Community

“User Content” means any text, EQ presets, names, prompts, comments, or other material you submit to the Service, including posts and replies in the community feed. You retain ownership of your User Content. You grant Aether EQ a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, modify (for formatting and display), publicly display, publicly perform, and distribute your User Content solely as necessary to operate, provide, and promote the Service. This license terminates when you delete the relevant User Content, except that we may retain backup copies for a commercially reasonable period.

You represent and warrant that your User Content does not infringe any third-party rights and complies with these Terms. You agree not to post content that is unlawful, harassing, defamatory, threatening, obscene, hateful, sexually explicit, or that contains malware, personally identifiable information of others, or commercial solicitation. We may remove any User Content at our sole discretion, with or without notice.

You agree not to, and not to attempt to:

The Service, including the code, design, look-and-feel, name, logo, headphone database, training data, and all related intellectual property, is owned by Aether EQ or its licensors and is protected by United States and international copyright, trademark, and other laws. Except for the limited license in Section 8, no rights are granted to you by implication, estoppel, or otherwise.

If you believe content on the Service infringes your copyright, send a notice that includes the elements required by 17 U.S.C. § 512(c)(3) to our designated agent at aether.eq.app@gmail.com with the subject line “DMCA Notice.” We will respond to valid notices in accordance with the Digital Millennium Copyright Act, including by removing or disabling access to the allegedly infringing material and forwarding the notice to the alleged infringer. Repeat infringers’ accounts will be terminated.

The Service integrates with third-party services, including Google (Sign-In, Firebase, Cloud Functions, Firestore, Cloud Storage), Stripe (payments), and OpenAI (model inference). Your use of those third-party services is governed by their respective terms and privacy policies. We are not responsible for third-party services and make no representations about them.

The Service is provided “AS IS” and “AS AVAILABLE,” without warranty of any kind, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising out of course of dealing or usage of trade. Aether EQ does not warrant that the Service will be uninterrupted, error-free, or secure, that defects will be corrected, that EQ suggestions will be accurate, or that the Service or the servers that host it are free of viruses or harmful components.

Hearing safety notice. EQ profiles can substantially increase certain frequency bands, which may produce loud or fatiguing sound. You are solely responsible for setting safe volume levels and for protecting your hearing. Stop using the Service if you experience hearing discomfort.

To the maximum extent permitted by applicable law, in no event will Aether EQ, its owner, contractors, suppliers, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, hearing, or other intangible losses, arising out of or in connection with your use of or inability to use the Service, whether based in contract, tort (including negligence), strict liability, or otherwise, even if Aether EQ has been advised of the possibility of such damages. Aether EQ’s aggregate liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total amount you paid to Aether EQ for the Service in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred United States dollars (US $100.00). Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

You agree to defend, indemnify, and hold harmless Aether EQ, its owner, and its successors and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your use of the Service in violation of these Terms or applicable law; (b) your User Content; or (c) your violation of any third-party right.

You may stop using the Service at any time and may cancel paid plans through the Stripe customer portal. We may suspend or terminate your access immediately, without notice or liability, if we reasonably believe you have violated these Terms, created risk or possible legal exposure for Aether EQ, or used the Service in a way that could harm other users. Upon termination, the license in Section 8 ends; Sections 7 (No Refunds), 11 (IP), 13–15 (Disclaimers, Limitation of Liability, Indemnification), 17 (Disputes), and 18–22 (Miscellaneous) survive.

Governing law. These Terms are governed by the laws of the Commonwealth of Pennsylvania, United States, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Forum and venue. Subject to the arbitration agreement below, the state and federal courts located in [COUNTY], Pennsylvania have exclusive jurisdiction over any dispute that is permitted to proceed in court, and you consent to personal jurisdiction and venue there.

Informal resolution first. Before filing a claim, you agree to try to resolve the dispute informally by emailing aether.eq.app@gmail.com with a detailed description and proposed resolution; we will try to resolve the dispute within sixty (60) days.

Binding individual arbitration. Any dispute not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, in English, in Pennsylvania (or by telephone or video at your election). The arbitrator’s award may be entered as a judgment in any court of competent jurisdiction. You and Aether EQ each waive the right to a jury trial and the right to participate in a class action, class arbitration, or representative action.

Small-claims carve-out. Either party may bring an individual action in a small-claims court of competent jurisdiction in lieu of arbitration, so long as the action remains in that court and on an individual basis.

30-day arbitration opt-out. You may opt out of this arbitration agreement by sending written notice within 30 days of first accepting these Terms to aether.eq.app@gmail.com with the subject “Arbitration Opt-Out” and your account email. Opting out does not affect any other provision of these Terms.

We may modify the Service or these Terms at any time. For material changes to these Terms or to a paid plan, we will provide at least thirty (30) days’ prior notice by email to your account email and/or a conspicuous in-app notice. Continued use of the Service after the effective date of a change constitutes acceptance. If you do not agree to a change, your sole remedy is to stop using the Service and cancel any paid plan before the change takes effect; no refunds are owed under Section 7.

Severability. If any provision of these Terms is held unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.

Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.

No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.

No agency. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

Notices. We may give you notices by email to your account email or by in-app notice. You must give us legal notices in writing to the contact in Section 21.

Entire agreement. These Terms, together with the Privacy Policy and the Refund Policy, are the entire agreement between you and Aether EQ regarding the Service and supersede any prior agreements.

You may not use or export the Service in violation of United States export laws or regulations, including the U.S. Export Administration Regulations and economic sanctions administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control. You represent that you are not located in, under the control of, or a national of any country or person subject to such sanctions.

[OPERATOR LEGAL NAME] d/b/a Aether EQ
[MAILING ADDRESS LINE 1]
[CITY], Pennsylvania [ZIP], United States
Email: aether.eq.app@gmail.com

Cross-references: Refund Policy  ·  Privacy Policy  ·  Back to dashboard