END USER LICENSE AGREEMENT (EULA)

HIFILAT SmartAudio Manager Version 1.0 · Effective from: May 2026

IMPORTANT NOTICE — READ BEFORE USE

This End User License Agreement ("Agreement" or "EULA") constitutes a legally binding contract between you (hereinafter, the "Licensee") and HIFILAT SpA, RUT 78.449.278-8, domiciled at Antonio Bellet 193, Oficina 1210, Providencia, Santiago, Chile (hereinafter, the "Licensor", "we"). By installing, copying, activating by means of a license key, or otherwise using the HIFILAT SmartAudio Manager software (hereinafter, the "Software"), you agree to be bound by the terms of this Agreement.

If you do not accept these terms, do not install, copy or use the Software.

1. DEFINITIONS

"Software": the HIFILAT SmartAudio Manager program, including its source code, object code, data files, documentation, manuals, scripts and any update or modification provided by the Licensor.
"License Key": a unique alphanumeric string beginning with HIFILAT- followed by a block of letters (A–Z) and digits (2–7), 127 characters in total without internal hyphens, which activates the Software for a given user.
"Authorized Device": a single personal computer of the Licensee on which the Software is installed and used.
"Personal Use": use of the Software for non-commercial purposes, within the Licensee's domestic or private sphere.

2. GRANT OF LICENSE

Subject to payment of the corresponding fee (if applicable) and to compliance with the terms of this Agreement, the Licensor grants the Licensee a license that is:

Personal, non-transferable, non-exclusive and revocable
For Personal Use on one or more Authorized Devices owned by or under the direct control of the Licensee
Perpetual for the acquired version: the License Key does not expire; the Licensee retains the right to use the acquired version of the Software indefinitely (one-time payment, no subscription)

This license allows the Licensee to:

a) Install, run and use the Software on its Authorized Devices. b) Make backup copies of the Software for the sole purpose of personal archiving. c) Process its own audio files by means of the Software.

2.1 Trial Version (without License Key)

Without an activated License Key, the Software operates in Trial Version: it is usable in its entirety with a limit on the actions that create or modify audio files (up to 50 actions per batch, with the batch being replenished after 7 days have elapsed and an overall cap of 200 actions over the lifetime of the product), after which the acquisition of a License Key is required in order to continue using such functions. Browsing and playing back audio is always free and without limit. The Trial Version is offered "AS IS", without warranties (Section 8), and may be modified or discontinued at the Licensor's discretion.

3. RESTRICTIONS

The Licensee MAY NOT, under any circumstances:

a) Distribute, sublicense, sell, rent, lend, assign or transfer the Software, the License Key or any copies thereof to third parties, without the Licensor's prior written authorization.

b) Modify, translate, adapt, decompile, disassemble or reverse engineer the Software, except to the extent that such activity is expressly permitted by applicable law and cannot be waived by contract.

c) Remove, alter or conceal copyright notices, trademarks, license attributions or any other proprietary identifier present in the Software.

d) Use the Software for commercial purposes without prior and specific written agreement with the Licensor. Commercial use shall be understood to include, without limitation: provision of services to third parties, integration into paid products or services, internal use by for-profit legal entities.

e) Share, publish, leak or disclose the License Key or the internal mechanisms of the Software.

f) Use the Software to process content over which it does not hold legitimate rights (see Section 6).

g) Circumvent, disable or interfere with the license validation, copy protection or security mechanisms built into the Software.

h) Create derivative works based on the Software.

4. INTELLECTUAL PROPERTY

The Software and all copies thereof are the exclusive property of the Licensor and are protected by copyright laws, international treaties and other applicable intellectual property rules.

This Agreement grants a license of use only. No ownership right over the Software is transferred to the Licensee.

The trademarks HIFILAT, SmartAudio Manager and the associated logos are trademarks of the Licensor and may not be used without written authorization.

5. UPDATES AND SUPPORT

The Licensor may, at its sole discretion:

Provide updates, corrections and new versions of the Software.
Modify, suspend or discontinue features at any time.
Provide personalized technical support or support via documentation.

There is no contractual obligation on the Licensor to provide updates, support or maintenance, unless otherwise agreed in writing.

6. USER CONTENT AND THIRD-PARTY RIGHTS

The Software allows processing of audio files provided by the Licensee. The Licensee represents and warrants that:

a) It holds all rights to the audio files it processes with the Software, whether by legitimate purchase, own authorship, valid license or public domain.

b) Its use of the Software does not infringe copyrights, related rights, image rights or any other third-party rights.

c) The Licensor is not responsible for the content processed by the Licensee, nor for the uses the Licensee makes of the Software.

d) It shall indemnify the Licensor for any claim arising from the Licensee's illegitimate use of the Software.

7. THIRD-PARTY SERVICES

The Software optionally interacts with external services:

MusicBrainz (https://musicbrainz.org) — musical metadata database
LRCLIB (https://lrclib.net) — synchronized lyrics database

The use of these services is subject to their own terms and policies. The Licensor does not control, is not responsible for, and does not warrant the availability, accuracy or continuity of such services.

7.1 Open-source components included

The Software includes third-party components under open-source licenses (among them ffmpeg and libdiscid, under the LGPL license). Such components are governed by their own licenses, which prevail over this Agreement with respect exclusively to those components. In particular, the restrictions of Section 3(b) (reverse engineering, decompilation, modification) do not apply to the open-source components to the extent that their respective license permits or requires (for example, the right of modification, replacement and re-linking guaranteed by the LGPL). The list of components, the texts of their licenses and the corresponding offer of source code are available within the application under Settings → Legal notices & licenses.

8. DISCLAIMER OF WARRANTIES

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY.

THE LICENSOR SPECIFICALLY DISCLAIMS ALL WARRANTIES OF:

Merchantability
Fitness for a particular purpose
Non-infringement of third-party rights
Satisfactory quality
Accuracy or completeness of information
Uninterrupted or error-free operation

THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE:

Will meet all of the Licensee's requirements
Will operate without interruptions, errors or defects
Is compatible with all third-party hardware or software
Will process all audio formats without loss of quality or metadata

THE LICENSEE USES THE SOFTWARE AT ITS OWN RISK.

Some jurisdictions do not allow the exclusion of certain implied warranties; in that case, this exclusion shall apply to the maximum extent permitted by law.

Nothing in this Section limits or excludes the statutory warranties of conformity or the other mandatory rights that consumer protection legislation grants to the Licensee, which remain fully in force. In particular, consumers in the European Union retain the statutory warranty of conformity provided for in Directive (EU) 2019/770.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE LICENSOR SHALL NOT BE LIABLE IN ANY EVENT FOR:

Indirect, incidental, special, consequential, exemplary or punitive damages
Loss of data, loss of audio files, corruption of metadata
Loss of revenue, lost profits, business opportunities
Costs of procurement of substitute goods or services
Damages arising from the use, misuse or inability to use the Software

EVEN IF THE LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE LICENSOR'S TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT, FOR ANY CAUSE AND LEGAL THEORY, SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY THE LICENSEE FOR THE LICENSE KEY, OR FIFTY DOLLARS (USD 50), WHICHEVER IS GREATER.

9.1 Licensee actions on its own files

The Software performs actions that the Licensee chooses and initiates (organize, move, rename, convert, and send files to the Trash). Deletion is carried out by sending files to the system Trash (recoverable from there), and the move and conversion operations are designed so that an interruption or error does not destroy the original file. Nevertheless, the outcome of the actions that the Licensee decides to perform is its sole responsibility. The Licensor shall not be liable for the loss, deletion, or modification of files resulting from the actions that the Licensee itself initiates, without prejudice to its liability for the correct functioning of the Software under Sections 8 and 9.

9.2 Mandatory consumer rights

Nothing in this Section excludes or limits the Licensor's liability for willful misconduct or gross negligence, for harm to life or physical integrity of persons, or the mandatory rights that consumer-protection legislation grants to the Licensee, which remain in full force.

RECOMMENDATION: the Licensee should keep independent backups of its audio files before processing them with the Software.

10. TERMINATION

This Agreement enters into force at the moment of activation of the License Key and shall remain in force until its termination.

10.1 Termination for breach

The Licensor may terminate this Agreement immediately, upon notice, if the Licensee breaches any of its terms.

10.2 Effects of termination

Upon termination of this Agreement, the Licensee shall:

Cease all use of the Software
Uninstall the Software from all of its devices
Destroy all copies of the Software and its documentation
Not retain the License Key or attempt to reactivate the Software

10.3 Survival

Sections 3 (Restrictions), 4 (Intellectual Property), 6 (User Content), 8 (Disclaimer of Warranties), 9 (Limitation of Liability), 12 (Governing Law) and 13 (General Provisions) shall survive the termination of the Agreement.

11. LEGAL COMPLIANCE

The Licensee undertakes to comply with all laws and regulations applicable to the use of the Software, including, without limitation:

Copyright and intellectual property laws
Personal data protection laws
Technology export and import laws
Specific regulations of the jurisdiction in which the Licensee resides

12. GOVERNING LAW AND JURISDICTION

This Agreement is governed by the laws of the Republic of Chile, without regard to its conflict-of-laws rules.

Any controversy, dispute or claim arising out of this Agreement or relating to the Software shall be submitted to the exclusive jurisdiction of the ordinary courts of Santiago de Chile, the parties waiving any other venue that might correspond to them.

The foregoing is understood to be without prejudice to the mandatory rights that correspond to the Licensee in its capacity as a consumer under the legislation of its country of habitual residence; in particular, consumers resident in the European Union retain the protection of the mandatory rules and the jurisdiction of the courts of their place of residence that cannot be excluded by contract.

13. GENERAL PROVISIONS

13.1 Entire agreement

This Agreement, together with the Terms of Use and the Privacy Policy published by the Licensor, constitutes the entire agreement between the parties with respect to the Software and supersedes any prior agreement or communication, whether verbal or written.

13.2 Modifications

The Licensor reserves the right to modify this Agreement at any time. Material modifications shall be notified to the Licensee through the usual means (website, email, within the application itself). Continued use of the Software after the modifications implies acceptance of the new terms.

13.3 Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

13.4 No waiver

The failure to exercise any right by the Licensor shall not constitute a waiver of such right.

13.5 Assignment

The Licensee may not assign this Agreement without the Licensor's prior written consent. The Licensor may assign this Agreement freely.

13.6 Notices

Notices to the Licensor must be addressed to the contact email contacto@hifilat.com (also indicated on the official HIFILAT website).

13.7 Language

This Agreement was originally drafted in Spanish. In the event of translation, the Spanish version shall prevail in the event of discrepancy.

14. ACKNOWLEDGMENT

BY ACTIVATING THE LICENSE KEY, BY ACCEPTING THIS AGREEMENT THROUGH THE APPLICATION'S ACCEPTANCE DIALOG, OR BY USING THE SOFTWARE, THE LICENSEE EXPRESSLY ACKNOWLEDGES HAVING READ THIS AGREEMENT AND THE USER MANUAL, UNDERSTOOD ITS TERMS —INCLUDING THAT THE ACTIONS THE LICENSEE PERFORMS MAY MODIFY ITS FILES AND THAT IT IS RESPONSIBLE FOR KEEPING BACKUPS—, AND AGREED TO BE BOUND BY IT.