Patchd Beta Test Agreement
Version 1.2
Patchd, 1404 SW Market St #706, Lee's Summit, MO 64063, United States
1. What this is
This Agreement is between you and Patchd, the trading name of Dickey Media LLC, a Missouri limited liability company ("Patchd", "we", "us", "our"). It governs your use of the pre-release version of the Patchd software (the "Beta Software").
You are being invited to test unfinished software. Please read this before you install it. Review carefully Section 3, Section 7, Section 11, and Section 12. Section 3 says what the Beta Software installs and changes on your computer; Section 7 says what it downloads and what it sends us; Sections 11 and 12 say what happens if it goes wrong.
You must be at least 18 years old to take part. By accepting, you confirm that you are.
The Patchd beta is offered only to people located in the United States. By accepting, you confirm that you are a resident of the United States and that you are located in the United States when you accept this Agreement and while you use the Beta Software. We do not offer the beta in the European Union, the United Kingdom, or anywhere else outside the United States.
We are not being unfriendly. A beta that reaches consumers in other countries picks up their consumer-protection and data-protection law as well as ours, and we would rather run a small, honest US test than pretend one document covers every jurisdiction on earth. If you are outside the US and want Patchd, wait for the public release.
2. What you may and may not do
We grant you a personal, limited, revocable, non-exclusive, non-transferable, non-assignable license to install and use the Beta Software on computers you own or are authorized to administer, for the purpose of testing it and giving us feedback. You may not sublicense, assign or transfer it.
You may not share the installer or the Beta Software with anyone else. Not by upload, not by link, not by copying it to someone's machine, not by posting it anywhere. This is the one restriction we ask you to take seriously, and the reason is not secrecy: the Beta Software installs a kernel-mode driver, which is software that runs at the deepest level of Windows. If a copy reaches a machine we did not approve, that person is running driver code we cannot support and did not agree to give them. If someone else wants in, send them to us and we will decide.
You are free to talk about Patchd publicly. You may stream with it, record with it, review it, post screenshots and video of it, say what you think of it, and tell people what is broken. Except for explicitly stated herein, there is no confidentiality obligation in this Agreement and no non-disclosure agreement. We would rather you were honest in public about a rough build than quiet about it. If you do write or stream about it, we would appreciate it if you said which build you were using, because a beta changes quickly. Additionally, we request that if you do mention the product, you specifically state that it is in the beta process of development.
You may not reverse engineer, decompile or disassemble the Beta Software, except where that restriction is prohibited by law. You may not remove or alter any notices in it. You may not use it for anything unlawful, and you may not use it to impersonate a real person in a way intended to deceive.
3. What the Beta Software installs and changes on your computer
We want this to be impossible to miss, because most software does not do this and you should know before you agree.
The Beta Software installs a kernel-mode audio driver. That is software that runs inside Windows itself rather than as an ordinary application. It is how the Beta Software creates the virtual audio devices that make routing possible. Installing it requires administrator permission and Windows will ask you for it.
The Beta Software creates virtual audio devices on your system. After installation you will see new playback and recording devices in Windows that were not there before.
The Beta Software changes your Windows sound settings. To route audio it will set its own devices as your default playback and recording devices, and it changes how sound moves between your applications and your hardware.
This can interrupt audio in other programs. Your existing setup in OBS, your DAW, your games, your conferencing software and anything else that uses sound may need reconfiguring, and may behave differently while the Beta Software is installed.
Uninstalling. You can remove the Beta Software at any time through Windows Settings. Uninstalling removes the application and the driver and restores your Windows default audio devices. If an uninstall leaves anything behind, tell us and we will help you remove it; that is a bug and we want to know.
4. This is unfinished software
The Beta Software is pre-release. It is not the finished product and it is not of release quality.
- It will contain defects, and some of them we do not know about yet. - It may crash, produce unexpected audio, drop out, or stop working. - It may interrupt or degrade a live stream, a recording, a call or a performance. - It may lose settings or configurations you have made. - Features may change, break or be removed without notice. - We are not obliged to release the finished product at all, or to include any feature you see in the beta.
Do not rely on the Beta Software for anything you cannot afford to have go wrong. If you are being paid to be on air, if you are recording something you cannot recreate, or if the session matters, use a setup you already trust.
5. Support
We will try to help, but we do not promise a response time and we do not promise a fix. Support for the beta is best effort.
6. Feedback
If you send us feedback, suggestions, bug reports, feature ideas, recordings demonstrating a problem, or anything similar ("Feedback"), you give us a perpetual, worldwide, irrevocable, royalty-free, sublicensable and transferable right to use it for any purpose, including building it into Patchd and into other products, without payment, attribution or obligation to you.
You keep ownership of what you send. This clause is about our freedom to act on it, not about taking it from you. We ask this because a beta exists to collect exactly this kind of input, and we cannot build a product while tracking who first suggested what.
Please do not send us anything confidential, anything belonging to someone else, or anything you are not free to give us on these terms.
7. Your data
The Beta Software processes your audio on your computer. It does not record your audio or send it to us, and it contains no analytics, advertising, telemetry or crash-reporting component. It does use the internet, and this section lists every connection the Beta Software itself makes. Like any internet connection, each one lets the server it reaches see your computer's IP address. Plugins you load into the Beta Software, and the Windows components it runs on, are other companies' software and may make connections of their own.
The Beta Software makes these connections automatically:
Update check. Each time you launch the Beta Software, it asks patchd.studio whether a newer version exists. The request carries the Beta Software's version, your operating system and your processor type, and no identifier.
Update download. When a newer version exists, the Beta Software downloads its installer from dl.patchd.studio in the background. This is on by default, and you can turn it off in Settings. Nothing is installed until you choose to install it.
Voice models. Each time you launch the Beta Software, unless you have removed its voices, it reads the list of voice packs from dl.patchd.studio, and it downloads any pack that is missing or out of date, without asking first. On first run that is every pack: several hundred megabytes of voice models and the program libraries that run them. These requests carry no identifier.
Your acceptance of this Agreement. When you accept this Agreement, the Beta Software sends us the name you type and your email address, the time you accepted, this Agreement's version and a fingerprint (a SHA-256 hash) of its text, the Beta Software's version, and whether you scrolled to the end and checked the box. If sending fails, it tries again each time you launch it until it succeeds. If you decline, nothing is sent.
Your account. While you are not signed in, the Beta Software loads the sign-up form from patchd.studio each time you launch it. While you are signed in, it checks your plan with patchd.studio shortly after each launch, using a key stored on your computer, and each check updates our record of when that computer last checked in and from which IP address.
The Beta Software makes these connections only when you choose:
Diagnostic reports. A report is sent only when you click "Send report to Patchd" in Settings, or "Send report" on the notice the Beta Software shows when it detects a problem with your audio. The notice only asks: nothing is sent until you click. It contains the time it was made, the Beta Software's version and build type, your operating system and processor type, the note you write, a record of how setup went, the names of the sections of your settings file, its format version, when your mixer setup was last saved, how large that save is and when it was moved from older storage (never the setup itself), the voice packs you have installed, and the Beta Software's log for the current run and the previous one. The log includes your audio device names and folder paths, and it can include the file location of an application the Beta Software remembers whose program has since been deleted. You can read a report before sending it by clicking "Show me what is sent". The report is put together again when you send it, so it can include log lines written after you looked.
Your audio device names are kept, because a device name is very often the entire answer to an audio problem and a report without them is usually useless to us. Note that a device you have personalized may contain your own name.
Your Windows account name and your computer name are removed before the report leaves your machine, wherever they appear as a word, if they are at least three characters long, and so is the location of your Windows user folder. Nothing else is removed, so anything personal in a device name, another folder name or your note stays in the report.
Diagnostic reports are deleted automatically 90 days after we receive them. You can ask us to delete one sooner using the reference code the Beta Software gives you.
Signing in and creating an account. When you sign in, the Beta Software sends the email address and password you enter, and the Beta Software's version and build channel. We keep a record of each computer you sign in from, with the version and build channel of the Beta Software on it and its IP address, and the Beta Software stores a key on your computer that keeps you signed in. When you create an account, the Beta Software sends the email address, username and password you enter, and whether you want marketing email from us. When you sign out, the Beta Software deletes the key from your computer and asks us to revoke it. We keep the record of that computer, marked as signed out.
Updates, voices, your plan and links you open. Opening the updates page in Settings checks for a newer version, and opening your plan in Settings checks your plan. Downloading or installing an update from there or from the update notice, and downloading voices from Settings, use the same connections as the automatic ones above. Links in the Beta Software that lead to patchd.studio open in your web browser, which makes its own connection.
Full detail, including what the Beta Software reads about the applications running on your computer, is in our Privacy Policy at https://patchd.studio/privacy, which forms part of this Agreement. The Beta Software never sends us the list of applications running on your computer.
8. How long this lasts
This Agreement starts when you accept it and continues until the beta program ends, until the build you have expires, or until either of us terminates it.
You may stop at any time by uninstalling. We may end the beta, or your participation in it, at any time and for any reason, including with no reason. If we do, you must stop using the Beta Software and uninstall it immediately.
Build expiry: beta builds may stop working after a set date. We will try to give you notice before that happens, but a build that has expired is expected behavior, not a defect.
9. Who owns Patchd
We do. This Agreement gives you permission to use the Beta Software during the beta and nothing else. All intellectual property in Patchd stays ours, and nothing here transfers ownership of it to you.
10. Confidentiality
You hereby acknowledge and agree that aspects of the licensed materials, including the specific design and structure of the Beta Software, constitute valuable trade secrets embodying substantial creative effort. Accordingly, you agree to treat, and take precautions to ensure, that the Beta Software is kept as Confidential Information in accordance with the confidentiality requirements and conditions set forth in this Section 10.
The information disclosed under this Agreement and the Beta Software may be non-public, confidential, or proprietary in nature ("Confidential Information"). Confidential Information, in whatever form or medium, tangible or intangible, includes, without limitation: (i) the Beta Software; (ii) this Agreement; (iii) technical or business information related to the Beta Software; and (iv) design details and specifications related to the Beta Software. Tangible Confidential Information includes printed materials, notes, magnetic media, or other forms of information storage. Confidential Information shall not include information that: (i) was possessed by the receiving party before disclosure by the disclosing party; (ii) was in the public domain at the time of disclosure or becomes a part of the public domain through no act, omission, or breach of this Agreement by the receiving party; (iii) is received by the receiving party from a person, firm, or entity not a party to this Agreement and not owing a duty of confidentiality to the disclosing party; (iv) is disclosed with the authorization of the disclosing party; (v) is required to be disclosed subject to an order by a court or other governmental body or as required by law (however, in such event the disclosing party shall promptly notify the receiving party of such request and/or disclosure); and/or (vi) is required to be disclosed to establish the rights of the receiving party under this Agreement. For oral communications to be considered confidential, written notice must be promptly provided that the oral information is considered confidential.
Each party to this Agreement agrees to keep confidential all Confidential Information disclosed to it by the other party in accordance herewith, and to protect the confidentiality thereof in the same manner it protects the confidentiality of similar information and data of its own, but at all times exercising at least a reasonable degree of care in the protection of any Confidential Information. Each party recognizes and acknowledges that by reason of this Agreement, each party may have continued access to Confidential Information of the other party. Each party covenants that it shall: (i) not use Confidential Information in a manner inconsistent with this Agreement during the term of this Agreement and for a period of one (1) year following the termination of this Agreement; and (ii) not disclose Confidential Information to any person, firm, or entity for any reason whatsoever, except as provided by this Agreement, without the prior written authorization of the disclosing party during the term of this Agreement and for a period of one (1) year following the termination of this Agreement.
If applicable, Confidential Information furnished in tangible form shall not be duplicated by the receiving party except as provided in this Agreement. You shall not copy or reproduce the Beta Software, in whole or in part, without affixing to any such copy all copyright, confidentiality, or proprietary notices that appear on the original. Upon the termination of this Agreement, each party shall return all Confidential Information in tangible form to the respective disclosing party within ten (10) days of such termination. Additionally, the receiving party shall certify in writing to the disclosing party that all Confidential Information in tangible form has been returned and that the receiving party has no other Confidential Information in tangible form in its possession or control.
11. NO WARRANTY
THE BETA SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, PATCHD DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE BETA SOFTWARE WILL WORK, WILL WORK WITH YOUR HARDWARE OR OTHER SOFTWARE, WILL BE UNINTERRUPTED OR ERROR FREE, WILL NOT LOSE DATA, OR THAT DEFECTS WILL BE CORRECTED. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above may not apply to you. Where an implied warranty cannot be disclaimed, it is limited to the shortest period allowed by law.
12. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, PATCHD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, RECORDINGS, CONTENT, BUSINESS OPPORTUNITY, SPONSORSHIP OR AUDIENCE, OR FOR ANY INTERRUPTION OF A STREAM, BROADCAST, RECORDING SESSION, PERFORMANCE OR CALL, ARISING OUT OF OR RELATING TO THE BETA SOFTWARE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE BETA SOFTWARE WILL NOT EXCEED THE AMOUNT YOU PAID US FOR IT. THE BETA SOFTWARE IS PROVIDED FREE OF CHARGE, SO THAT AMOUNT IS ZERO. IF A COURT HOLDS THAT LIMIT UNENFORCEABLE, OUR LIABILITY IS INSTEAD LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND THE REST OF THIS SECTION REMAINS IN FORCE. Nothing in this Agreement excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else that cannot be excluded or limited under applicable law. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.
Further, you are responsible for and agree to indemnify and hold Patchd harmless for any and all losses, liability, or damages arising out of, or incurred in connection with, your use of the Beta Software pursuant to this Agreement.
13. Your responsibility to us
You shall indemnify, defend, and hold harmless Patchd and its affiliates, officers, directors, employees, agents, and representatives (collectively the "Patchd Indemnitees", and each a "Patchd Indemnitee"), from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, judgments, settlements, costs and expenses (including reasonable attorney's fees) arising out of or relating to (a) your breach of this Agreement; (b) your use of the Beta Software in violation of this Agreement; or (c) any misuse of, unauthorized access to, or unauthorized use of the Beta Software by you or through your computer, account or credentials. Your obligations under this section shall apply regardless of whether such claims are based in whole or in part on the negligence of a Patchd Indemnitee, except to the extent determined by a court of competent jurisdiction to have resulted from the gross negligence or willful misconduct of such Patchd Indemnitee.
14. Governing law and disputes
This Agreement is governed by the laws of the State of Missouri, 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.
You and we agree to try to resolve any dispute informally first by contacting each other. If that fails, any dispute will be brought exclusively in the state or federal courts located in Jackson County, Missouri, and you and we each consent to the personal jurisdiction of those courts.
Nothing in this section prevents either of us from seeking injunctive relief in any court of competent jurisdiction to protect intellectual property rights.
15. United States only, export and sanctions
As stated in Section 1, the beta is offered only in the United States. You may not install, use, or make the Beta Software available outside the United States, and you may not give it to anyone outside the United States.
You may not use or export the Beta Software in violation of United States export laws or sanctions. You confirm that you are not located in a country subject to a US government embargo, and that you are not on any US government restricted party list.
If we learn that you are outside the United States, we may end your participation under Section 8 and ask you to uninstall.
16. Changes to this Agreement
We will not change this Agreement by silent update. If we revise it, we will give the new version a new version number and present it to you in full, with a fresh acceptance, the next time you launch the Beta Software. Changes apply only going forward. If you do not accept a new version, you may continue to use the build you already have until it expires, or uninstall.
17. Electronic acceptance
You agree to enter into this Agreement electronically, and that your acceptance by checking the box and clicking "I Accept" has the same legal effect as a handwritten signature. You may save a copy of this Agreement that you can print, or copy its text, from the acceptance screen at any time, and it remains available inside the Beta Software under Settings.
18. General
Assignment. We may assign or transfer this Agreement, in whole or in part, including to a successor in a merger, acquisition, restructuring or sale of the business or its assets. You may not assign or transfer it.
If any part of this Agreement is held unenforceable, the rest stays in force and that part is limited to the minimum extent necessary.
Our failure to enforce any part of this Agreement is not a waiver of it.
Sections 2 (no redistribution), 6 (feedback), 9 (ownership), 10 (confidentiality), 11 (no warranty), 12 (limitation of liability), 13 (indemnity), 14 (governing law and disputes), and this Section 18 survive the end of this Agreement.
This Agreement, together with the Privacy Policy, is the entire agreement between you and us about the Beta Software, and replaces any earlier understanding about it.
If any term of this Agreement is held by a court of competent jurisdiction or is adjudicated in any other forum which has jurisdiction over disputes arising out of this Agreement, to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of this Agreement shall not be impaired thereby.
19. Contact
Patchd (Dickey Media LLC)
1404 SW Market St #706
Lee's Summit, MO 64063
United States
General: hello@patchd.studio
Privacy: privacy@patchd.studio