EULA

This End User License Agreement (“Agreement”) is between you and Neon Noise Lab LLC and governs your use of the Neon Noise Lab LLC application (the “App”) made available through the Apple App Store and Google Play. By installing or using the App, you agree to be bound by this Agreement. If you do not agree, you are not permitted to use the App.

Neon Noise Lab LLC maintains a strict no-tolerance policy for objectionable or infringing content. If you encounter content that violates this Agreement, please use the in-app “Report” feature.

1. Parties

This Agreement is between you and Neon Noise Lab LLC, not Apple Inc. (“Apple”) or Google LLC (“Google”). You acknowledge that Apple, Google, and their subsidiaries are third-party beneficiaries of this Agreement and may enforce its terms. Neon Noise Lab LLC alone is responsible for the App and its content.

2. Privacy

Neon Noise Lab LLC may collect and use information relating to your use of the App and your device, in a form that does not personally identify you, to improve and measure the App’s performance. Details are provided in the Neon Noise Lab LLC Privacy Policy.

3. Limited License

Neon Noise Lab LLC grants you a limited, non-exclusive, non-transferable, revocable license to use the App for personal, non-commercial purposes, on devices you own or control, and subject to the Apple App Store and Google Play Terms of Service.

4. Age Restrictions

By using the App, you represent and warrant that:

(a) you are at least 17 years old, or

(b) you have verifiable parental or guardian consent if under 17, and

Neon Noise Lab LLC may terminate access if it believes these conditions are not met.

5. User-Generated Content, NFC Distribution & Prohibited Uses

5.1 User-Generated Content & NFC Album Creation

The App may allow you to upload or import audio, images, artwork, metadata, and other materials (“User Content”) and to create physical NFC chips or tags (“NFC Prints”) that embed or link to your User Content for distribution to others.

You acknowledge and agree that:

You are solely responsible for all User Content you upload, import, store, create, publish, or distribute (including via NFC Prints).

Neon Noise Lab LLC does not review, monitor, endorse, or assume any liability for your User Content or for any NFC Prints you create or distribute.

Neon Noise Lab LLC is not liable for any claims, damages, losses, or disputes arising from your User Content or your distribution of NFC Prints.

5.2 Your Representations & Warranties About Your Content

By uploading or distributing User Content (including via NFC Prints), you represent and warrant that:

You own or have all necessary rights, licenses, and permissions to use and distribute the User Content.

Your User Content does not infringe any copyright, trademark, moral right, privacy right, publicity right, or other proprietary right of any person or entity.

Your User Content does not violate any law, regulation, or third-party agreement.

5.3 Prohibition on AI Training

You agree that:

User Content uploaded to the App may not be used by Neon Noise Lab LLC or any third party to train or improve artificial intelligence models.

You may not upload any content that you are prohibited from sharing for machine-learning purposes.

5.4 Objectionable Content

You may not upload or distribute Objectionable Content. Objectionable Content includes, but is not limited to:

(i) sexually explicit material;

(ii) obscene, defamatory, libelous, slanderous, violent, or unlawful content, or profanity;

(iii) fraudulent, deceptive, or infringing content;

(iv) content promoting illegal substances, tobacco, ammunition, weapons;

(v) gambling-related content.

Neon Noise Lab LLC may remove content or terminate your access at its sole discretion.

6. No Liability for User Content

To the fullest extent permitted by law:

Neon Noise Lab LLC assumes no responsibility and bears no liability for User Content or NFC Prints created by users.

You understand and agree that you bear all risks associated with your User Content, including distribution to third parties via NFC Prints.

7. Warranty Disclaimer

The App is provided “as is” without warranties of any kind. Neon Noise Lab LLC disclaims all express or implied warranties to the maximum extent allowed by law. Any non-disclaimable warranties remain Neon Noise Lab LLC’s responsibility—not Apple’s or Google’s.

8. Maintenance & Support

Neon Noise Lab LLC may offer minimal or optional support but has no obligation to provide maintenance beyond what is legally required.

9. Product Claims

Neon Noise Lab LLC, not Apple or Google, is responsible for addressing any of your claims relating to the App, including:

(i) product liability;

(ii) non-conformity with law;

(iii) consumer protection claims.

Nothing herein admits such claims may exist.

10. Third-Party Intellectual Property Claims

Neon Noise Lab LLC is not obligated to indemnify or defend you against third-party claims related to your use of the App or your User Content. To the extent required by law, Neon Noise Lab LLC—not Apple or Google—will handle claims that the App itself infringes third-party intellectual property rights.

11. Indemnification

To further reduce risk, the user must indemnify you:

You agree to indemnify, defend, and hold harmless Neon Noise Lab LLC and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising from:

your User Content,

your creation or distribution of NFC Prints,

your violation of this Agreement, or

your violation of any law or third-party right.

12. Termination

Neon Noise Lab LLC may suspend or terminate your access to the App at any time for any reason, including but not limited to violation of this Agreement.

13. Changes to the Agreement

Neon Noise Lab LLC may update this Agreement at any time. Continued use of the App constitutes acceptance of the updated terms.