Last Revised: 02/26/2026
1. Introduction
Virtual Sonics (“Virtual Sonics,” “We,” “Our” or “Us”) welcomes you! These Terms of Service apply to registered users as well as anyone who visits Our Website, contacts Us, or anyone who access or uses Our Services (“User,” “You,” “Your,” or “Yourself”). You, individually or behalf of the entity that You represent, agree to these Terms of Service, Our Privacy Policy and depending on what Services You use may also include additional or Supplemental Terms (hereinafter as applicable “Agreement”). PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS. AS DESCRIBED IN SECTION 11 BELOW, THESE TERMS OF USE CONTAIN A BINDING ARBITRATION CLAUSE AND WAIVER OF CLASS ACTION AND COLLECTIVE ACTION CLAIMS. YOU AGREE TO SUBMIT ANY DISPUTES TO INDIVIDUAL ARBIRATION. PLEASE DO NOT USE OR ACCESS OUR SERVICES IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT. YOU REPRESENT THAT YOU ARE LEGALLY ABLE TO BIND YOURSELF OR YOUR ORGANIZATION TO THIS AGREEMENT.
2. Our Services
Services include the following: (a) https://walkmix.com (“Website”); (b) WalkMix® Creator plugin and WalkMix Player; and (“Software”); and (c) other solutions and products that We may make available to You (“Services”). Software is generally made available to Users who create an Account, adhere to the applicable terms of this Agreement and pay the applicable fees.
IMPORTANT NOTE: OUR SOFTWARE IS DESIGNED TO INTEROPERATE AND BE COMPATIBLE WITH COMMONLY USED DIGITAL AUDIO WORKSTATIONS (“DAW”) SUCH AS AVID PRO TOOLS, THROUGH AN AAX PLUG-IN FORMAT AND OTHER POPULAR DAWS SUCH AS THE VST3 PLUG-IN FORMAT. IF YOU HAVE QUESTIONS ABOUT WHETHER OUR SOFTWARE IS COMPATIBLE WITH YOUR DAW, PLEASE VISIT https://walkmix.com/faq FOR OUR DAW COMPATIBILITY LIST.
3. Acquiring Our Software
a) Overview
You can generally acquire access and use of Our Software through Our Website. However, depending on Your jurisdiction We may require You to work with a third-party reseller authorized by Us to provide You with the requested Software (“Reseller”). When acquiring Software through a Reseller You understand that We neither own nor control the Reseller’s website to which You have been directed to and that Your use of the Reseller’s website is subject to separate terms and conditions and privacy policy to which We strongly encourage You to review. After We have confirmed Your payment with the Reseller, You will be provided with a voucher for use in connection with downloading and activating the Software. If You acquire Software from a Reseller, the applicable Reseller is solely responsible for responding to customer service inquiries and handling Your requests for returns and refunds.
b) Fees, License Types, and Refund Policy.
i. Fees. Fees will be identified at the time of check out.
ii. License Types.
A) Purchases. Depending on Your jurisdiction, Software may be able to purchase Our Software, subject to the terms of this Agreement (“Purchase”).
B) Subscriptions. Depending on Your jurisdiction You may be able to use Software on a subscription basis by making scheduled periodic payments (“Subscription”).
IF YOU REGISTER FOR A SUBSCRIPTION, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT (A) VIRTUAL SONICS (OR OUR THIRD PARTY PAYMENT PROCESSOR OR RESELLER) IS AUTHORIZED TO CHARGE YOU ON A PERIODIC BASIS AS APPLICABLE FOR YOUR SUBSCRIPTION PAYMENTS IN ADDITION TO ANY APPLICABLE TAXES AND OTHER CHARGES FOR AS LONG AS YOUR SUBSCRIPTION CONTINUES (“SUBSCRIPTION PAYMENT”); AND (B) YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU PAUSE, TERMINATE OR WE SUSPEND OR STOP PROVIDING ACCESS TO SERVICES IN ACCORDANCE WITH THIS AGREEMENT.
C) Personal License. Generally, one instance of Our Software is licensed for use on one compatible DAW/device that is exclusively owned and/or controlled by the User who acquired the Software (“Authorized Device”). We may, however, permit You to use Our Software on up to three different Authorized Devices. We, in our sole discretion reserve the right to increase or decrease the number of Authorized Devices that We permit to use Our Software.
D) Commercial. We understand that certain entities like schools and studios, as, may need multiple people within its organization to use an Authorized Device. In this instance We may require You to purchase a minimum number of licenses for use with additional Users authorized to access Authorized Devices within Your organization (“Minimum License Requirement”). We, in Our sole discretion, will specify the Minimum License Requirement that is applicable to Your organization when You request a price quote from Us.
iii. Refund Policy. ALL SUBSCRIPTIONS AND PURCHASES ARE SUBJECT TO OUR REFUND POLICY. PLEASE NOTE: PADDLE.COM (“PADDLE”) ASSIST WITH PAYMENTS AND REFUNDS BY PROCESSING PAYMENT AND/OR WORKING WITH PADDLE ON A RETURN, YOU AGREE TO BE BOUND TO PADDLE’S TERMS OF SERVICE LOCATED AT https://www.paddle.com/legal/checkout-buyer-terms AND PRIVACY NOTICE LOCATED AT https://www.paddle.com/legal/privacy. WE RESERVE THE RIGHT TO SWITCH PAYMENT PROCESSING VENDORS IN OUR SOLE DISCRETION AT ANY TIME.
4. Creating an Account
In order to use Our Software and/or certain other features of Our Services, You may need to register and create an account (“Account”). By registering, You agree to provide accurate, current, and complete information about Yourself (“Registration Data”) and update it as necessary. If We have reason to believe that Your Registration Data is inaccurate, outdated, or incomplete, We may suspend or terminate Your Account. You agree You will not: (a) create an Account using a false identity or information that is not Your own; (b) have more than one Account; or (c) create an Account or use the Services if You have been previously removed from the Services. We reserve the right, in Our sole discretion, to accept or reject Your registration to use Our Services, as well as suspend or terminate Your Account for any reason. You are responsible for maintaining the confidentiality of Your password and Account and will be fully responsible for all activities that occur under Your Account. You agree to immediately notify Us of any unauthorized use of Your Account or any other breach of Account security.
5. User Content and User Content Disclaimer
a) User Content“User Content” includes Registration Data and audio recordings that You created, share or listen to with the use of Services. You grant Virtual Sonics a non-exclusive, worldwide, royalty free, limited, revocable license to host, distribute, access, use, copy, store, and/or transmit User Content solely in connection with making Services available. You represent and warrant that You either own or have all the appropriate use rights to provide the license granted in this Section 5(a) and that User Content will not infringe on third-party Intellectual Property Rights, privacy rights or publicity rights. Depending on which Services You are authorized to use, You are able to share audio tracks with other Users. Audio tracks sent to Users are made available to recipients on a time limited basis and are accessible through a designated website. Services will generate a code that can be used to securely share audio tracks included in User Content with another User.
b) User Content Disclaimer
You understand that when accessing or using certain Service features that you may be exposed to User Content from a variety of sources. We are not responsible for the accuracy, usefulness, safety, or Intellectual Property Rights relating to User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable. We assume no responsibility whatsoever in connection with or arising from User Content. We assume no responsibility for actively monitoring User Content. Further, We neither endorse nor control User Content. We make no warranties, express or implied about User Content. Nonetheless, we expressly reserve the right to prevent you from submitting User Content, and to edit, restrict, or remove User Content for any reason, at any time.
6. Licenses, Intellectual Property Rights and Third-Party Licenses
a) License
Virtual Sonics grants You a non-exclusive, non-transferable, non-sublicensable, non-assignable limited license to: (i) access and use Our Website as set forth in this Agreement; (iii) access and use our Software on a subscription basis (“Subscription Term”); (iii) download and install one instance of the Software on a compatible device/DAW for use in connection with listening to music, mixing and/or producing music (for paid Users); and (iv) access and/or use Services in accordance with the terms of this Agreement. This license is contingent upon the Software connecting to Our license server at least once every seven days to authenticate and verify Your continued entitlement to use the Software and/or Services. Accordingly, You must ensure that the Software plugin can access the internet at least once every seven days, and failure of this connection may result in temporary or permanent suspension of the Software and/or Services. You have the right to make one copy of the Software solely for backup purposes. We expressly reserve all rights not expressly set forth herein. We also may make additional changes, fixes, feature enhancements to Software from time to time at Our sole discretion (“Update”). Based upon the nature of the Update You may need to pay an additional fee to acquire access to the applicable Updates and/or any new version of the Software.
b) Trial License
We may make Software and/or Services available to Users on a trial basis from time to time (“Trial”). Virtual Sonics, in the event We make Software and/or Services available to Users on a Trial basis, hereby grants You a limited, time sensitive, non-executive, royalty-free, revocable, non-assignable license to access and use the same solely for its designated purpose. You, assume all risk associated with Software or Services made available on a Trial basis and expressly release Virtual Sonics from all liability related to the same.
c) Feedback
If You provide Us with any feedback or suggestions regarding Software or Services (“Feeback”), you hereby assign Us all rights in the Feedback and agree that We shall have the right to use such Feedback and related information in any manner we deem appropriate. We will treat any Feedback You provide us as non-confidential and non-proprietary to You. We will have no obligation under any circumstances to compensate You for any Feedback. You agree that You will not submit any information or ideas that You consider to be confidential or proprietary, or for which You expect to be compensated.
d) Intellectual Property Rights
“Intellectual Property Rights” means any and all right, title and interest, arising or existing at any time relevant hereto, anywhere in the world, including, but not limited to, all patent, patent registration, copyright, trademark, trade name, service mark, service name, trade secret or other proprietary right arising or enforceable under any United States federal or state law, rule or regulation, non United States law, rule or regulation or international treaty in any technology, system, invention, discovery, know how process, method, information, medium or content, including, but not limited to, text, print, pictures, photographs, video, marks, logos, designs, drawings, artistic and graphical works, music, speech, computer software and documentation, any other works of authorship and any form, method or manner of expression or communication now known or hereinafter becoming known.
e) Proprietary Rights
Services, and all logos, trademarks, buttons icons, images, text, graphics, trainings, content and other materials used in connection with Services, including any Intellectual Property Rights are owned and/or controlled by Virtual Sonics and are accordingly protected under U.S. copyright laws, and international treaties (“Virtual Sonics IP”).
UNAUTHORIZED USE, COPYING, REPRODUCTION, MODIFICATION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, DISTRIBUTING OR DUPLICATING, OR ANY OTHER MISUSE OF VIRTUAL SONICS IP IS PROHIBITED. f) Third-Party Licenses Our Software includes components from GPAC Ultramedia OSS (“GPAC”), which is made available to Us under the Lesser General Public License (“LGPL”). The GPAC source code is available at: https://github.com/gpac/gpac. The LGPL is available at: https://www.gnu.org/licenses/old-licenses/lgpl-2.1.en.html. Your use of Our Software may be subject to certain additional third-party licenses (“Third-Party License”). Third-Party License notices, terms and conditions pertaining to third-party software can be found at: https://virtualsonics.com/thirdparty.
7. Restrictions
You shall not, and shall require Your Users not to, directly or indirectly: (a) provide any other third party including any subcontractor, independent contractor, affiliate, or service provider of Yours, with access to Your Account, use of the Software and/or any other Services (without Our express written permission); (b) modify, translate, adapt, or otherwise create derivative works or make improvements, to Services or any part thereof; (c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of Services or any part thereof; (d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices provided on or used in connection with Services; (e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available Services, or any features or functionality of Services available, to any third party for any reason, whether or not over a network or on a hosted basis, including in connection with the internet or any web hosting, wide area network (WAN), virtual private network (VPN), virtualization, time-sharing, service bureau, software as a service, cloud, or other technology or service; (f) use Services in violation of any law, regulation, or rule; (g) use Services for purposes of competitive analysis of the same, the development of a competing product or service, or any other purpose that is to Our commercial disadvantage; or (h) interfere with or compromise the integrity of Our Services.
8. Third-Party Components
We do not provide You with access to the Internet, computer, DAW and/or other equipment necessary to access and use Our Services (“Third-Party Components”). You are responsible for fees associated with the Internet, DAW, computer, hardware, and other related costs for Third-Party Components needed to properly access and use Services through Your Authorized Device(s). Third-Party Components are owned or operated by third parties. Some Third-Party Components may collect data or solicit personal information from You. We neither own nor control any Third-Party Components and are not responsible for their actions with respect to their use of Your information or the operation of their products and services. Therefore, We encourage You to read the terms and conditions and privacy policies associated with the use of the applicable Third-Party Components carefully.
9. Warranty Disclaimer, Limitation of Liability and Indemnification
a) DISCLAIMER
SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, VIRTUAL SONICS, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS RESPECTIVE LICENSORS, RESELLERS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO SERVICES AND DOCUMENTATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, VIRTUAL SONICS PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.
b) LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL VIRTUAL SONICS AND ITS AFFILIATES, RESELLERS, LICENSORS, DIRECTORS, OFFICERS AND/OR EMPLOYEES (“VIRTUAL SONICS PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH SERVICES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH USER CONTENT, SERVICES, INCLUDING DAW COMPATIBILITY AND/OR THIS AGREEMENT, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM THE USE OR INABILITY TO USE SERVICES; OR (ii) ANY OTHER MATTER RELATED TO SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE TO YOU, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER OF THE TOTAL AMOUNT YOU PAID FOR USE FOR SERVICES PERIOD PRECEDING THE DATE THE CAUSE OF ACTION FIRST AROSE. THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW. THE LIMITATIONS SET FORTH IN SECTION 9(A) AND SECTION 9(B) SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE.
10. Indemnification
a) Your indemnity
You agree to defend and indemnify the Virtual Sonics Parties from and against any third-party claim, including reasonable attorney’s fees, court costs, settlements, and disbursements, from or relating to: (i) Your Account; (ii) User Content (iii) Your use of and access to the Services in breach of this Agreement; (iv) Your breach of this Agreement; (iv) Your violation of any law, rule, or regulation, or the rights of any third party; (v) Your use of Third-Party Licenses; (vi) Your interaction with any Resellers; and/or (vii) Your use of Third-Party Components.
b) Defense
We shall indemnify, defend and hold You and Your affiliates, directors, officers, employees, and/or Users harmless from all liabilities, losses, damages, suits, penalties, fines, costs or expenses (including reasonable attorneys’ fees and other applicable expenses) relating to third-party claims that Services infringes upon/on that party’s Intellectual Property Rights (“Infringement Claim”). Our obligation under this Section 10(b) is contingent upon Your prompt written notice of any such claim and reasonable assistance in defending any such Infringement Claim.
c) Remedies
Should Our Services become, or in Our sole opinion is likely to become, the subject of an Infringement Claim, We will either: (i) procure the rights necessary for Your continued use of the impacted Services; (ii) replace or modify the affected Service to make it non-infringing, provided such non-infringing Software performs and offers a substantially similar level of functionality and features as found in the infringing Service; or (iii) terminate the license to the affected Services and, upon Your certified deletion or destruction of the affected Services, refund any pre-paid fees for the applicable pre-paid Services.
11. Choice of Law, Dispute Resolution, Class Action Waiver
a) Choice of Law
The Agreement shall be governed by and construed in accordance with the laws of the Cayman Islands and You agree to the exclusive jurisdictions of the Cayman Islands. To the extent applicable law permits, the provisions set forth in this Agreement shall prevail in the event of conflict with any other law.
b) Dispute Resolution
Any dispute or controversy arising out of, relating to, or concerning any interpretation, construction, performance, or breach of this Agreement, will be settled by arbitration to be held in George Town, Cayman Islands, in accordance with the rules then in effect of the International Arbitration Association. The arbitrator may grant injunctions or other relief in the dispute or controversy. The decision of the arbitrator will be final, conclusive, and binding on the parties to the arbitration. Judgment may be entered on the arbitrator’s decision in any court having jurisdiction. The prevailing party shall be entitled to recover from the non-prevailing party the prevailing party’s actual attorneys’ fees and costs (including, without limitation, all taxable and non-taxable costs, and all fees and costs to determine the amount of fees and costs to be awarded) incurred in connection with arbitration and enforcement of the judgment. No dispute may be brought by either party eighteen (18) months after the occurrence of the event giving rise to any such claims. Notwithstanding the foregoing, Virtual Sonics may seek injunctive or other equitable relief to protect its Intellectual Property Rights in any court of competent jurisdiction.
c) Judicial Forum for Legal Disputes
In the event that the agreement to arbitrate above is found not to apply to You or to a particular claim or dispute, because You are an international user to which arbitration does not apply, You agree (except as otherwise provided by law) that any claim or dispute that has arisen or may arise between You and Virtual Sonics must be resolved exclusively by applicable court located in George Town, Cayman Islands. You and Virtual Sonics agree to submit to the exclusive personal jurisdiction of the courts located within George Town, Cayman Islands for the purpose of litigating all such claims or disputes.
d) CLASS ACTION WAIVER
YOU AND VIRTUAL SONICS AGREE THAT ANY PROCEEDING TO RESOLVE ANY DISPUTE, WHETHER IN ARBITRATION OR OTHERWISE, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS, AND THAT NEITHER YOU NOR VIRTUAL SONICS WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, A REPRESENTATIVE ACTION, A COLLECTIVE ACTION, A PRIVATE ATTORNEY – GENERAL ACTION, OR IN ANY PROCEEDING IN WHICH YOU OR VIRTUAL SONICS ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. YOU AND VIRTUAL SONICS FURTHER AGREE THAT NO ARBITRATION OR OTHER PROCEEDING WILL BE JOINED, CONSOLIDATED OR COMBINED WITH ANOTHER ARBITRATION OR OTHER PROCEEDING WITHOUT THE PRIOR WRITTEN CONSENT OF VIRTUAL SONICS AND ALL PARTIES TO THE APPLICABLE PROCEEDINGS.
12. Digital Millennium Copyright Act
a) Notification Procedures
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If You believe any materials accessible on or from the Website infringe Your copyright, You may request removal of those materials (or access to them) from our Website by submitting written notification to the e-mail address listed in “DMCA Contact Information” below. In accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:
i. Your physical or electronic signature.
ii. Identification and description of the copyrighted work You believe to have been infringed or, if the claim involves multiple works on a Website, a representative list of such works.
iii. Identification of the material You believe to be infringing in a sufficiently precise manner to allow Us to locate that material.
iv. Adequate and current information by which We can contact You (including Your name, postal address, telephone number, and, if available, e-mail address).
v. A statement that You have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
vi. A statement that the information in the written notice is accurate.
vii. A statement, under penalty of perjury, that You are authorized to act on behalf of the copyright owner.
If You fail to comply with all the requirements of Section 512(c)(3) of the DMCA, Your DMCA Notice may not be effective. Please be aware that if You knowingly, materially misrepresent that content, material, or activity on the Website is infringing your copyright, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA. We will remove any User Content or other materials that violate the DMCA.
B) Counter-Notification Procedures
If You believe that material You use in connection with Services was removed or access to it was disabled by mistake or misidentification, You may file a counter-notification with Us (a “Counter-Notice”) by submitting written notification to the e-mail address listed in “Contact Information” below. Pursuant to the DMCA, the Counter-Notice must include substantially the following:
i. Your physical or electronic signature.
ii. An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
iii. Adequate and current information by which We can contact You (including Your name, postal address, telephone number, and, if available, e-mail address).
iv. A statement by You, under penalty of perjury, that You have a good faith belief that the material identified above should be removed or disabled.
v. A statement that You will consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located (or if You reside outside the United States, for any judicial district in which Services are available).
The DMCA allows Us to restore the removed content if the party filing the original DMCA Notice does not file a court action against You within ten (10) to fourteen (14) days of receiving the copy of Your Counter-Notice. Please be aware that if You knowingly, materially misrepresent that content, material, or activity within Services was removed or disabled by mistake or misidentification, You may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
c) DMCA Contact Information
Please send DMCA Notice and Counter-Notices to Our designated agent for notice of alleged copyright infringement at:
By Email: legal@walkmix.com
By Mail: By Virtual Sonics, Inc.
Attn: Copyright Agent
C/O TechCayman, 802 West Bay Road, P.O. Box 32336,
Grand Cayman KY1-1209
Cayman Islands
13. Miscellaneous
a) Force Majeure
Virtual Sonics will not be liable for any failure in performance due to causes beyond its reasonable control or actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the availability of Services).
b) Severability
If any provision of this Agreement is declared or found to be illegal, unenforceable, or invalid, then, to the full extent permitted by law, (i) the provision found to be illegal, unenforceable, or void shall be deemed amended and the court having jurisdiction shall be requested to reform such provision to the extent necessary to make it legal and enforceable while preserving the intents of the parties reflected therein; and (ii) such illegality, unenforceability, or invalidity will not affect or impair the remaining provisions, which shall continue in full force and effect.
c) Amendments; No Waiver
Any term of the Agreement may be amended, and the observance of any term may be waived, but only by the written consent of the parties. The failure of a party at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same, unless the same is waived in writing. The rights and remedies of the parties hereunder shall not be mutually exclusive, and the exercise of one or more of the provisions hereof shall not preclude the exercise of any other provisions hereof.
d) No Assignment
You may neither assign this Agreement nor any rights or obligations of hereinunder, in whole or in part, whether voluntary, by operation of contract, law or otherwise, without Our prior written consent. Any attempted assignment or transfer in violation of the foregoing will be null and void. Virtual Sonics may freely assign or otherwise transfer all or any of its rights, or delegate or otherwise transfer all or any of its obligations or performance, under this Agreement without Your consent. This Agreement is binding upon and inures to the benefit of the parties hereto and their respective permitted successors and assigns.
e) Customer Service
While most customer support inquiries are answered at Our Website, You can also contact us via email at support@virtualsonics.com with any questions You may have about this Agreement or Services. If you acquired Services from a Reseller, You must direct Your customer service requests to the Reseller You acquired Services from.
f) Term and Termination
i. Term. The term of this Agreement commences when you access our Website or use and the license granted hereunder shall remain in effect unless and until terminated as set forth herein (“Term”). If applicable, You may choose to pause Your Subscription Term by suspending Your subscription payments (“Pause”). During this Pause, the term of this Agreement will remain in effect and will not be considered terminated until You or Virtual Sonics decides to terminate it. ii. Termination. You may terminate this Agreement by cancelling Your Account, by ceasing to use and destroying all copies of the Software or by failing to make the Subscription payments if applicable. You may cancel Your Subscription at any time by logging into Your Account and following the instructions on your Account dashboard for cancellation. Mere inactivity does not constitute automatic cancellation or termination, so unless Your Account or subscription is cancelled in accordance with this Agreement, You will continue to be charged for the subscription payments. All subscription cancellation requests will take effect at the end of then-current subscription monthly period in which the cancellation is made. You will be responsible for all subscription payments including any applicable taxes and other charges rendered up through the cancellation date. Virtual Sonics may immediately terminate this Agreement and disable or delete Your Account if You, materially breach this Agreement. Upon termination of this Agreement, the license granted hereunder shall also terminate, and You shall cease using and destroy all copies of the Software. No expiration or termination shall affect Your obligation to pay all fees that may have become due before such expiration or termination, or entitle You to any refund.
g) Communications
You agree that We will provide notices and messages to You via email and/or other contact information that You provided Us. You are responsible for providing Us with Your most current e-mail address. If You have provided an invalid email, or such address is not capable of receiving notices, such email notification will nonetheless constitute effective notice. Further, You consent to receive communications from Us electronically, and agree that all terms, conditions, or otherwise, provided to Your electronically satisfy any legal requirement that would be satisfied if they were in writing. You may give notice to Virtual Sonics at the following address: Virtual Sonics, Inc., C/O TechCayman, 802 West Bay Road, P.O. Box 32336, Grand Cayman KY1-1209, Cayman Islands. Notices shall be deemed given when received by Virtual Sonics delivered by overnight delivery service or first-class postage prepaid mail.
h) California Users and Residents
Pursuant to California Civil Code Section 1789.3, questions about pricing, complaints, or inquiries must be addressed to Our agent for notice and sent via certified mail to: Virtual Sonics, Inc., C/O TechCayman, 802 West Bay Road, P.O. Box 32336, Grand Cayman KY1-1209, Cayman Islands. California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
i) Modifications
THIS AGREEMENT AND SERVICES ARE SUBJECT TO CHANGE BY VIRTUAL SONICS IN ITS SOLE DISCRETION AT ANY TIME. WHEN CHANGES ARE MADE, WE WILL MAKE A NEW COPY OF THE AGREEMENT AVAILABLE BY POSTING ON THE WEBSITE. WE WILL ALSO UPDATE THE “LAST REVISED” DATE AT THE TOP OF THE AGREEMENT. IF WE MAKE ANY MATERIAL CHANGES, AND YOU HAVE AN ACCOUNT TO USE THE SERVICES, WE MAY ALSO NOTIFY YOU VIA THE EMAIL ASSOCIATED WITH YOUR ACCOUNT. CHANGES WILL BE EFFECTIVE IMMEDIATELY. IF YOU DO NOT AGREE TO ANY CHANGE(S) YOU AGREE TO STOP USING SERVICES. YOUR CONTINUED USE OF THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGE(S). YOU AGREE TO REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS OF YOUR AGREEMENT WITH US.
j) Contact Virtual Sonics
For questions or comments concerning this Agreement, please contact Us at terms@virtualsonics.com.
14. Special International Provisions.
a) EUROPEAN UNION AND UNITED KINGDOM If You are an E.U. or U.K. resident to the extent required by applicable law:
i. Exceptions to Liability Limitations. Nothing in this Agreement excludes or limits Our liability for death or personal injury arising from Our negligence, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by applicable law.
ARBITRATION MAY NOT APPLY TO YOU. IF YOU ARE A RESIDENT OF THE EUROPEAN UNION OR THE UNITED KINGDOM AND SUBJECT TO THE ALTERNATIVE DISPUTE RESOLUTION DIRECTIVE (2013/11/EU) AND THE ONLINE DISPUTE RESOLUTION REGULATION (EU 524/2013) (AND ANY IMPLEMENTING REGULATIONS IN EACH MEMBER STATE OF THE EU), ALTHOUGH THE ARBITRATION AGREEMENT TO ARBITRATE DOES NOT APPLY TO YOU THE PROVISIONS RELATING TO JUDICIAL FORUM FOR LEGAL DISPUTES DOES APPLY, EXCEPT AS OTHERWISE REQUIRED BY LAW. THE EUROPEAN COMMISSION ONLINE DISPUTE RESOLUTION PLATFORM IS AVAILABLE AT THE FOLLOWING LINK ODR PLATFORM – https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
ii. No Prejudice to Consumer Law. As a consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident. Nothing in these terms and conditions, including, without limitation, Section 10, affects Your rights as a consumer to rely on such mandatory provisions of local law.
iii. Local Jurisdiction. The local law of Your jurisdiction may entitle You to have a dispute relating to this Agreement heard by Your local courts, regardless of the terms of Section 10, in which we agree that all disputes not subject to the terms of Section 10 will be heard in courts located in George Town, Cayman Islands. This Agreement does not limit any such rights that You have that apply regardless of the terms of the Agreement. But by entering into this Agreement or otherwise, We do not consent to the jurisdiction of any courts other than those referenced in Section 10 and reserve the right to contest that it is not subject to the jurisdiction of any other court.
b) SPAIN. If You are a Spanish resident to the extent required by applicable law:
i. Language. The Spanish version of this Agreement will control.
ii. Modifications. We will inform You of any relevant modifications of Services as well as of any changes to this Agreement via the email address associated with Your Account.
c) PORTUGAL.If You are a Portuguese resident to the extent required by applicable law:
d). GERMANY. If You are a German resident to the extent required by applicable law:
i. Liability Limitations. The following applies in lieu of any conflicting or inconsistent language in the Agreement: We are solely liable as follows: We are fully liable under the statutory provisions (i) for damages resulting from injury to life, limb or health; (ii) intentionally; (iii) gross negligence; and (iv) under the Product Liability Act. Without limiting the foregoing, We shall be liable for ordinary negligence only in the event of a breach of a “material” obligation under this Agreement. “Essential” obligations in this sense are obligations that are necessary for the performance of the Agreement, where a breach would jeopardize the fundamental purpose of the Agreement, and on which You can therefore regularly rely. In these cases the liability is limited to foreseeable damages; in other cases, there is no liability for negligence.
ii. These limitations of liability remain in force beyond the end of Your contractual relationship with You and Virtual Sonics and beyond the duration of Your use of Services.
iii. No Indemnity. Section 9(a) does not apply to You.
iv. Termination. We may only terminate Your Account or use of Services if You breach this Agreement or violation of applicable law. We or the applicable Reseller will issue the refund using the same means of payment as You used for the initial transaction, unless You have expressly agreed otherwise.
e). CANADA. If You are a Canadian resident to the extent required by applicable law:
i. Dispute Resolution. Section 10(d) will not apply to You if any such provision is unenforceable under the laws of Your Province of residence.
F). AUSTRALIA. If You are an Australian resident to the extent required by applicable law:
i. Transmission of Personal Information Overseas. In consenting to the transfer to and processing of Your personal information to the United States of America and any other jurisdiction throughout the world, You acknowledge that other jurisdictions (including the United States of America) may not have privacy protections equivalent to the Privacy Act 1988 (Cth). You may not have a remedy against Us as neither the Australian Privacy Principle 8.1 nor Section 16C of the Privacy Act will apply.
ii. Consumer Guarantees. Our liability for failure to comply with any applicable consumer guarantee arising under Part 3-2 Div 1 of the Australian Consumer Law is limited to the replacement of the Software or the refund fees You paid for the Software.
G). BRAZIL. if You are a Brazilian resident to the extent required by applicable law:
i. Application of Brazilian Law. You and Virtual Sonics agree that Brazilian Law will apply on a limited basis with respect to rights of privacy, protection of personal information.
ii. Limitation of Liability. The provisions related to limitation of liability established under this Agreement may, as a general rule, not apply to You, as the obligation to indemnify is a rule of public order in Brazil. You and Virtual Sonics are aware that Brazilian law does not allow indemnification for indirect damages, but solely the effective losses and the loss of profits directly and immediately caused by it.
iii. Statute of Limitations for Your Claims. The provisions of this Agreement related to statute of limitations may not apply to You, if the applicable Brazilian law establishes a different or specific statute of limitations for a certain claim. In this case, You will be subject to the specific statute of limitations stipulated under the applicable Brazilian law.
iv. Modifications to this Agreement. We reserve the right to modify this Agreement, at Our sole discretion, at any time and for any reason whatsoever, without Your prior approval. You will be notified of such modifications (only if You provided Us with Your contact information).
H. JAPAN. If You are a Japanese resident to the extent required by applicable law:
i. Language. The Japanese version of this Agreement will control.
ii. Modifications. We will inform You of any material modifications to Services and any changes to this Agreement via the email address associated with Your Account.