*Last Updated: 9/18/2025*

Terms of Service for Davisynth Audio Software

Legal Disclaimer

These Terms of Service (“Terms”) govern your access to and use of Davisynth software (the “Software”), website, and related services. These Terms constitute a legally binding agreement between you and Davisynth (“we,” “us,” or “our”). By downloading, installing, accessing, or using our Software, you acknowledge that you have read, understood, and agree to be bound by these Terms.

1. Introduction

These Terms govern your use of any Davisynth audio software, including VST, AU, AAX, or other formats, and any related services or updates provided by Davisynth, including the website. By installing or using any Davisynth Software, you agree to these Terms.

2. Definitions

“User,” “you,” and “your” refer to the individual or entity accessing or using the Software.

“Content” refers to any text, images, audio, presets, or other material that appears in or through the Software.

“User Content” refers to any Content that users submit, upload, or transmit to or through the Software (such as user presets or audio files).

“Intellectual Property Rights” means all patent rights, copyright rights, moral rights, rights of publicity, trademark rights, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights.

3. Acceptance of Terms

By downloading, installing, accessing, or using our Software, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not download, install, access, or use our Software.

4. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by posting the updated Terms on our website or by other reasonable means. Your continued use of the Software after any such changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Software and uninstall it from your system.

5. Eligibility

To use our Software, you must be at least 13 years old. If you are under 18 years old, you must have permission from your parent or legal guardian to use the Software, and they must agree to these Terms on your behalf. By using the Software, you represent and warrant that you meet these eligibility requirements.

6. License to Use the Software

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to download, install, and use the Software for your personal or professional audio production purposes on a computer or device that you own or control. This license does not include any right to:

– Modify, disassemble, decompile or reverse engineer the Software

– Rent, lease, loan, sell, sublicense, distribute, transmit, or otherwise transfer the Software except as expressly permitted

– Copy or store the Software other than as allowed by these Terms or as specifically authorized under applicable mandatory laws

– Remove, circumvent, disable, damage or otherwise interfere with security-related features of the Software

– Use the Software in a way that violates applicable laws or regulations

7. Distribution Platforms

Where the Software is made available to you through a third-party marketplace, distributor, or directly from Davisynth, you acknowledge and agree that:

– These Terms are between you and Davisynth, not with the distributor

– The distributor has no obligation to furnish any maintenance and support services with respect to the Software

– In the event of any failure of the Software to conform to any applicable warranty, you may notify the distributor, and the distributor may refund the purchase price for the Software (if applicable)

– To the maximum extent permitted by applicable law, the distributor will have no other warranty obligation with respect to the Software

– The distributor is not responsible for addressing any claims you have or any claims of any third party relating to the Software

– You must comply with the distributor’s terms of service when using the Software

8. User Accounts

You may be required to create an account to access certain features of our Software or related services. You are responsible for:

– Providing accurate, current, and complete information

– Maintaining the confidentiality of your password and account

– All activities that occur under your account

– Notifying us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account at our discretion if we believe you have violated these Terms or if we believe your account may pose a risk to our Software or other users.

9. Purchases and Subscriptions

The Software may be offered for purchase as a one-time license or as a subscription. All purchases and subscriptions are subject to the following terms:

– Prices for licenses and subscriptions are displayed on our website or distributor’s platform and are subject to change at any time

– Payment will be charged at confirmation of purchase

– Subscriptions automatically renew unless auto-renew is turned off before the end of the current period

– Your account will be charged for renewal within the renewal period

– You can manage and cancel your subscriptions by going to your account settings on our website or the distributor’s platform

– No refunds will be provided for any unused portion of a subscription period unless required by law

10. User Content

The Software may allow you to submit User Content (such as user presets or audio files). You retain ownership of any User Content you submit, but you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any media or distribution methods. This license authorizes us to make your User Content available to other users of the Software or the public.

You represent and warrant that you have all necessary rights to grant us this license and that your User Content does not violate any third-party rights or applicable laws.

We reserve the right to remove any User Content at our discretion.

11. Prohibited Conduct

You agree not to:

– Violate any applicable law or regulation

– Infringe the rights of others, including intellectual property rights

– Harass, abuse, or harm another person

– Interfere with the proper functioning of our Software

– Attempt to breach any security or authentication measures

– Use our Software for any illegal or unauthorized purpose

– Post or transmit malicious code or other harmful computer code

– Impersonate others or misrepresent your affiliation with any person or entity

– Use any device, software, or routine that interferes with the proper working of our Software

– Attempt to gain unauthorized access to the Software, other users’ accounts, or computer systems or networks connected to the Software

12. Privacy and Permissions

Our Privacy Policy describes how we collect, use, and share information about you. By using the Software, you consent to our collection and use of information as described in our Privacy Policy.

13. Intellectual Property

All content provided by Davisynth, including but not limited to the Software design, code, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations, and software, is the property of Davisynth or its content suppliers and is protected by international copyright, trademark, and other intellectual property laws.

Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Davisynth.

14. DMCA Copyright Policy

We respect the intellectual property rights of others and expect our users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from our Software infringe your copyright, you may request removal of those materials by submitting written notification to our copyright agent designated below:

15. Third-Party Links and Services

Our Software may contain links to third-party websites or services that are not owned or controlled by Davisynth. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Davisynth shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

16. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Davisynth DOES NOT WARRANT THAT THE SOFTWARE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE, OR THAT THE SOFTWARE WILL BE UNINTERRUPTED, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED. Davisynth DISCLAIMS ALL LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED THROUGH THE SOFTWARE.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DAVISYNTH BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

18. Indemnification

You agree to indemnify, defend, and hold harmless Davisynth, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that such parties may incur as a result of or arising from your violation of these Terms, your User Content, or your use of the Software. Davisynth reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Davisynth in asserting any available defenses.

19. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Massachusetts, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

20. Dispute Resolution

Any disputes arising from these Terms will be resolved through binding arbitration in accordance with the American Arbitration Association rules. The arbitration shall take place in Boston, Massachusetts. You agree to waive any right to a jury trial.

21. Entire Agreement

These Terms, including our Privacy Policy, constitute the entire agreement between you and Davisynth regarding your use of our Software and supersede any prior agreements between you and Davisynth relating to your use of our Software.

22. Waiver and Severability

The failure of Davisynth to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

23. Termination

We reserve the right to suspend or terminate your access to our Software at our sole discretion, with or without notice, for conduct that we believe violates these Terms or is harmful to other users of our Software, us, or third parties, or for any other reason. Upon termination, your license to use our Software will immediately cease.

24. Contact Information

If you have any questions about these Terms, please contact us at john@davisynth.com.

Last Updated: 2025-09-19

Regulatory Compliance

General Data Protection Regulation (GDPR) Compliance

The following provisions apply to users protected by European Union regulations:

Data Collection Under GDPR

In compliance with the General Data Protection Regulation (GDPR), we collect and process your personal data only when we have a lawful basis to do so. This includes processing based on your consent, to fulfill a contract with you, to comply with a legal obligation, to protect your vital interests, to perform a task in the public interest, or for our legitimate interests where those don’t override your fundamental rights and freedoms.

We collect only the minimum data necessary for the purposes specified in this policy. When we request your consent to process your data, you have the right to withdraw that consent at any time.

Data Processing Under GDPR

We process personal data in accordance with the principles outlined in the GDPR:

–Lawfulness, fairness, and transparency: We process data lawfully, fairly, and in a transparent manner.

– Purpose limitation: We collect data for specified, explicit, and legitimate purposes and do not process it in a manner incompatible with those purposes.

– Data minimization: We limit data collection to what is necessary for the purposes for which it is processed.

– Accuracy: We take reasonable steps to ensure personal data is accurate and kept up to date.

– Storage limitation: We keep data in a form that permits identification only as long as necessary for the purposes of processing.

– Integrity and confidentiality: We process data in a manner that ensures appropriate security, including protection against unauthorized or unlawful processing and against accidental loss, destruction, or damage.

We maintain records of our data processing activities and conduct data protection impact assessments where required by law.

Your Rights Under GDPR

If you are located in the European Economic Area (EEA), you have the following rights with respect to your personal data:

– Right to access: You can request a copy of the personal data we hold about you.

– Right to rectification: You can request that we correct inaccurate or incomplete data about you.

– Right to erasure: You can request that we delete your personal data in certain circumstances.

– Right to restrict processing: You can request that we restrict the processing of your data in certain circumstances.

– Right to data portability: You can request to receive your data in a structured, commonly used, and machine-readable format.

– Right to object: You can object to our processing of your personal data in certain circumstances.

– Rights related to automated decision-making: You can request human intervention in automated decisions that significantly affect you.

To exercise these rights, please contact us at john@davisynth.com. We will respond to your request within 30 days.

International Data Transfers

If we transfer your personal data outside the European Economic Area (EEA), we will ensure that appropriate safeguards are in place to protect your data, such as:

– Transferring to countries deemed by the European Commission to provide adequate protection

– Using Standard Contractual Clauses approved by the European Commission

– Adopting Binding Corporate Rules for transfers within our corporate group

– Where applicable, relying on derogations for specific situations such as your explicit consent or the necessity to perform a contract with you

You have the right to obtain information about the safeguards we use to transfer your personal data outside the EEA by contacting us at john@davisynth.com.

Additional Terms

Intellectual Property Rights

Our Intellectual Property

The Software and its original content (excluding Content provided by users), features, and functionality are and will remain the exclusive property of Davisynth and its licensors. The Software is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Davisynth.

Your License to Use Our Content

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the Software. This license does not include any resale of the Software or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Software or its contents; or any use of data mining, robots, or similar data gathering and extraction tools.

Third-Party Intellectual Property

The Software may display content that belongs to third parties. You may not use this third-party content without the permission of these third parties, and your use of third-party content may be subject to additional terms and conditions. We are not responsible for examining or evaluating the content or accuracy of any third-party content, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

Copyright Complaints

If you believe that any material available on or through the Software infringes upon your copyright, please notify us in accordance with our Copyright Policy, which is incorporated by reference into these Terms. We will respond to notices of alleged copyright infringement that comply with applicable law. We reserve the right to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and to remove or disable access to any reference or link to material or activity that allegedly infringes any copyright.

DMCA Compliance

If you are a copyright owner or an agent thereof and believe that any content on the Software infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing:

– A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

– Identification of the copyrighted work claimed to have been infringed

– Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material

– Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and an e-mail address

– A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law

– A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed

Our designated Copyright Agent to receive notifications of claimed infringement is: John Davis, john@davisynth.com