Terms and Conditions

1. Definitions

  1. Software or GainSync: The GainSync software application offered by the Provider, primarily designed to normalize the loudness of audio tracks for DJs and hobbyists.
  2. Trial Version: A version of the Software provided for free and limited to thirty (30) days of full functionality without requiring a License Key.
  3. License Key: A unique code provided upon purchase, enabling the full functionality of the Software beyond the trial period.
  4. User: Any individual who acquires and/or uses the GainSync software for personal purposes as an end user.
  5. Provider: The owner and distributor of the GainSync software, Michael Švejcar, with a registered office at Uralská 689/7, 160 00, Praha 6 - Bubeneč, Czech Republic. Identification Number (IČO): 22174222; contact email: info@gainsync.net; and website: https://www.gainsync.net.

2. Subject Matter

  1. These Terms and Conditions govern the provision and use of the Software, including its trial period, paid license activation, any related support offered by the Provider, and other rights and obligations arising from the contractual relationship between the Provider and the User.
  2. The Software’s primary function is to normalize the loudness levels of audio recordings, particularly useful for DJs. The Software is designed for installation and execution on a User’s Windows-based device. No cloud-based or SaaS model applies; the Software runs locally on the User’s device.
  3. By downloading, installing, activating, or otherwise using the Software, the User acknowledges that they have read, understood, and agree to be bound by these Terms and Conditions.

3. Conclusion of Contract

  1. The contract between the Provider and the User is concluded once the User performs an act leading to its conclusion (e.g., downloading, installing, or activating the Software), with the acceptance of these Terms and Conditions being an integral part of this process.
  2. The contract is concluded online, without the need for a printed or separately signed agreement.

4. System Requirements

  1. The Software is supported on Windows 10 and Windows 11 (64-bit versions) only. The Provider does not guarantee functionality on other operating systems or configurations.
  2. The Provider does not guarantee compatibility with any specific hardware or third-party software.
  3. The User is responsible for ensuring their system meets the minimum technical requirements before purchasing a License Key. The Provider does not offer refunds due to incompatibility issues unless required by applicable law.

5. Trial Version

  1. The Provider offers the Software in a Trial Version free of charge for thirty (30) days. During this trial period, the Software functions with full capabilities.
  2. After the trial period expires, key functionalities of the Software may be restricted unless the User purchases and activates a License Key.

6. Purchase of License Key

  1. The Software installer is made available for download via the Provider’s website, either directly or through a third-party platform. The User is responsible for installing the Software independently. The Provider does not perform any implementation or acceptance testing and assumes no responsibility for the successful installation or operation of the Software on the User’s device, other than ensuring access to the installer and the issuance of a valid License Key upon purchase.
  2. The User may be directed from the Provider’s website to a third-party platform to purchase a License Key. The Provider reserves the right to change the price at any time at its sole discretion. The license is paid once, in advance, through a secure online checkout. No recurring or subscription fees apply.

7. Refund Policy

  1. The User has the right to withdraw from the contract without giving any reason within 14 days from the conclusion of the contract, provided the License Key has not been activated. By activating the License Key, the User expressly agrees to the immediate provision of digital content before the expiration of the withdrawal period and acknowledges that they thereby forfeit their right of withdrawal. The User further acknowledges that, depending on their country of residence, they may have additional statutory consumer rights under applicable local laws, which shall take precedence where required.
  2. To exercise the right of withdrawal before activation, the User must inform the Provider in writing by sending an email to info@gainsync.net. The withdrawal request must include sufficient information to identify the original transaction, such as the email address used for the purchase and a clear statement of the User’s decision to withdraw.

8. License Grant and Scope of Use

  1. Upon the User’s acquisition of a License Key, the Provider grants the User a non-exclusive, non-transferable license, bound to the specific License Key and the associated user and/or hardware, to use the Software for personal purposes, in accordance with these Terms and Conditions. Unless otherwise agreed, the license is granted without territorial restrictions.
  2. The User may install and use the Software on up to two (2) devices.
  3. Users shall not reverse engineer, decompile, modify, distribute unauthorized copies, or otherwise interfere with the Software’s security features, nor may they use the Software in violation of applicable law.

9. Updates and Support

  1. The Provider will supply updates necessary to maintain the Software’s functionality for three (3) months from the date of license purchase. These updates, which are available only to users who have purchased a License Key, are limited to bug fixes and adjustments required for continued compatibility with supported operating systems. The decision to develop or release new features or enhancements remains solely at the Provider’s discretion.
  2. The Provider offers support exclusively for critical issues impacting the Software’s core functionality. Support inquiries may be submitted via a web contact form or email. The Provider will endeavor to respond as soon as reasonably possible; however, no guarantee is made regarding the time to achieve a resolution.
  3. The Provider’s servers used for license verification and update checks may be managed by a third-party provider under a separate agreement. The Provider does not guarantee any specific level of service (no SLA) and will not be held liable for downtime, interruptions, or failures arising from these external services.

10. Limitation of Liability

  1. The Provider excludes liability to the fullest extent permitted by Czech law for any damage incurred by the User due to the use or inability to use the Software, including but not limited to loss of data, revenue, or any other indirect or consequential damages.
  2. The Software is provided “as is” without warranty of any kind, except for warranties mandated by applicable consumer protection laws.
  3. The Provider does not guarantee that the Software will meet the User’s expectations, run uninterrupted, or be error-free.

11. Privacy Policy

  1. The Provider does not collect any personal data through the Software itself. However, basic contact and billing information, such as the User’s email address, may be processed when the User downloads the Software or purchases a License Key. This data may be collected directly by the Provider or by authorized third-party service providers (such as payment processors) acting as independent controllers or data processors, depending on the context. The data is processed solely for the purposes of fulfilling the request, issuing invoices (where applicable), providing customer support, and complying with applicable legal obligations.
  2. If the User provides explicit consent during the download or checkout process (e.g., by checking a designated box), the Provider may use the User’s email address to send occasional updates, newsletters, or promotional communications related to the Software. This consent is voluntary and is not a condition for accessing or using the Software. The User may withdraw their consent at any time by using the unsubscribe link included in each communication or by contacting the Provider directly at info@gainsync.net. Withdrawal of consent does not affect the lawfulness of processing based on consent prior to its withdrawal.

12. Termination of the License

  1. The license granted under these Terms and Conditions is granted for an indefinite period unless terminated in accordance with this Section.
  2. The Provider may terminate the license in the event of the User’s breach of these Terms and Conditions, including unauthorized use, reverse engineering, or distribution of the Software. Upon termination, the User shall cease all use of the Software and remove it from their devices.

13. Intellectual Property Rights

  1. All intellectual property rights in and to the Software remain the exclusive property of the Provider or its licensors. The User acquires no intellectual property rights other than the limited license rights set out herein.
  2. The Software incorporates third-party dependencies, and the licenses for these components are disclosed in the ThirdPartyLicenses.txt file included with the Software installation.

14. Governing Law and Jurisdiction

  1. These Terms and Conditions, as well as the contractual relationship between the Provider and the User, shall be governed by and construed in accordance with the laws of the Czech Republic, in particular Act No. 89/2012 Coll. (Civil Code) and applicable consumer protection laws. This choice of law does not affect any mandatory rights consumers may have under the laws of their country of residence, including those provided by EU regulations such as Rome I and Brussels I bis, or equivalent consumer protection laws outside the EU. Where applicable, consumers retain the right to pursue claims in the courts of their country of habitual residence and benefit from their local legal protections.
  2. All disputes arising from or related to these Terms shall be subject to the exclusive jurisdiction of the courts of the Czech Republic. Consumers may, however, refer disputes to the Czech Trade Inspection Authority (Česká obchodní inspekce) for out-of-court resolution, as permitted by applicable law. More details are available at https://www.coi.cz. Additionally, for online contracts, consumers may submit disputes through the EU Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr.

15. Final Provisions

  1. If any provision of these Terms and Conditions is held invalid or unenforceable by a competent authority, such invalidity shall not affect the validity of the remaining provisions.
  2. The Provider reserves the right to modify or amend these Terms and Conditions at any time. The updated version shall be published on the Provider’s website and becomes effective upon publication, unless stated otherwise. By continuing to use the Software after such changes take effect, the User agrees to be bound by the updated Terms and Conditions.
  3. These Terms and Conditions are effective as of 1 January 2025. The User agrees to be bound by the version of the Terms and Conditions in effect at the time the User first downloads or uses the Software, or by continuing to use it after updates take effect.