TERMS AND CONDITIONS OF USE

HIFILAT SmartAudio Manager Version 1.0 · Effective from: May 2026

1. SCOPE OF APPLICATION

These Terms and Conditions of Use (hereinafter, the "Terms") govern the use of the HIFILAT SmartAudio Manager software and of any associated service provided by HIFILAT SpA, RUT 78.449.278-8, with registered address at Antonio Bellet 193, Oficina 1210, Providencia, Santiago, Chile (hereinafter, "HIFILAT", "we", "the Provider").

These Terms supplement, without replacing, the End User License Agreement (EULA) and the Privacy Policy. In the event of a conflict between these documents, the EULA shall prevail over the Terms on matters of license and rights of use, while the Privacy Policy shall prevail on matters of personal data processing.

2. ACCEPTANCE OF THE TERMS

Use of the Software implies the full and unconditional acceptance of these Terms. If you do not accept the Terms, you must refrain from installing, activating, or using the Software.

3. LEGAL CAPACITY

To use the Software, the user must:

Be over 18 years of age or have the corresponding legal capacity in their jurisdiction
Have legal authority to accept these Terms on their own behalf or on behalf of the entity they represent
Not be legally prevented from using the Software under applicable laws

4. PERMITTED USE

The Software is designed for personal use in the management of the user's own music libraries. The following is permitted:

Cataloging and organizing audio files that the user legitimately owns
Playing back the user's content on their equipment
Converting audio formats for personal use
Editing metadata of the user's own files
Querying public databases (MusicBrainz, LRCLIB) within the framework of fair use
Ripping physical CDs owned by the user, in jurisdictions where such activity is legal
Using the Trial Version (without a License Key) within its usage limits (see EULA §2.1)

5. PROHIBITED USES

The user undertakes NOT to use the Software to:

a) Process content without legitimate rights — pirated files, illegal downloads, protected content without the rights holder's authorization.

b) Circumvent protection measures — anti-copy systems, DRM, encryption, or any technical protection mechanism.

c) Unauthorized commercial activities — selling conversion, ripping, or cataloging services to third parties without a specific commercial agreement with HIFILAT.

d) Distribute the Software in modified, disassembled, or re-packaged form.

e) Share their license key with third parties, whether free of charge or for consideration.

f) Overload external services — making mass queries to MusicBrainz or LRCLIB that violate their respective fair use policies.

g) Any illegal activity under the legislation of the user's jurisdiction or of the jurisdiction where the Provider is located.

h) Process content involving minors in inappropriate contexts, explicit violent content, or any material that infringes human dignity.

i) Attack or compromise the security of the Software, the associated services, or third-party systems.

6. ACCEPTABLE USE POLICY (AUP)

As part of acceptable use, the user acknowledges that:

The Software makes network connections only to the documented services (MusicBrainz, LRCLIB) and to the application's local server.
Use must respect the terms of use of third-party services (see Section 9).
The user is responsible for keeping their license secure, for not sharing it, and for notifying any unauthorized use.
The user must keep their operating system updated with reasonable security patches. The components that the Software needs (including the ffmpeg audio engine) travel inside the Software itself; the user does not need to install or maintain them separately.

7. SERVICE AVAILABILITY

HIFILAT strives to keep the Software available and functional, but:

Does not guarantee uninterrupted availability of the Software or of the associated services
May suspend operation for maintenance, updates, or other technical or operational reasons
Is not responsible for failures in third-party services (MusicBrainz, LRCLIB) or in the user's operating system

8. UPDATES

HIFILAT may publish updates that:

Fix errors
Add new features
Improve security
Modify existing behaviors

The user is responsible for installing the updates that the Provider deems critical. Continued use of non-updated versions is carried out at the user's risk.

9. THIRD-PARTY SERVICES

The Software interacts with third-party services over which HIFILAT has no control:

9.1 MusicBrainz

URL: https://musicbrainz.org
Function: querying music metadata
Terms: https://metabrainz.org/social-contract
Fair use policy: maximum 1 request/second, identifiable User-Agent

9.2 LRCLIB

URL: https://lrclib.net
Function: querying synchronized lyrics
Free use within reasonable limits

9.3 Open-source components included

The Software includes open-source components (among them ffmpeg and libdiscid, under LGPL) packaged within the product — the user does not install them separately.
Each component is governed by its own license; the details and the corresponding source code offer are in THIRD_PARTY_NOTICES.md and within the app under Settings → Legal notices and licenses.

The use of these third-party services and software is subject to their own terms, which prevail over these Terms in the matters that concern them.

10. OWNERSHIP OF CONTENT

10.1 User content

All audio files processed by the user are and remain their exclusive property (or that of whoever is the legitimate rights holder, as applicable). HIFILAT does not claim any rights over the user's content.

10.2 Generated metadata

The HIFILAT digital signature (HIFILAT_SIGNATURE) embedded in ripped FLACs is informative, identifies the origin of the rip, and does not transfer rights over the content to the Provider.

10.3 Software and trademark

HIFILAT, SmartAudio Manager, and all graphical, logical, and textual elements of the Software are the exclusive property of HIFILAT SpA and are protected by intellectual property laws.

11. USER CONTENT AND RESPONSIBILITY

The user is solely responsible for the content they process with the Software. HIFILAT:

Does not review, monitor, or store the user's content
Is not responsible for copyright violations committed by the user
Will cooperate with the competent authorities when there is a well-founded court order
Reserves the right to revoke licenses in the event of demonstrated illegal use

12. INDEMNIFICATION

To the maximum extent permitted by applicable law, the user shall hold HIFILAT SpA (and those acting on its behalf) harmless from third-party claims and the reasonable associated costs (including reasonable legal fees) arising from:

Their violation of these Terms
Their violation of third-party rights
Their improper use of the Software
Their negligence or willful misconduct

This obligation is without prejudice to the mandatory rights granted to the user by the consumer-protection law of their country, and does not extend to acts attributable to HIFILAT SpA.

13. SUSPENSION AND CANCELLATION

HIFILAT may suspend or cancel the right to use the Software, without prior notice and at its sole discretion, if it detects:

Unauthorized commercial use
Unauthorized distribution of the Software or of license keys
Illegal or fraudulent activity
Attempts to compromise the security of the Software
Other material violations of these Terms or of the EULA

Suspension or cancellation does not give rise to a right to a refund except in the cases expressly provided for by applicable legislation.

13.1 Purchases, refunds and right of withdrawal

Purchases of the Software are processed through our authorized seller (a *Merchant of Record*) or, where applicable, through the official application stores (Apple App Store, Microsoft Store). That seller acts as the seller of the product and handles payment, applicable taxes and refund and right-of-withdrawal requests, in accordance with its own policy and the legislation of the user's country of residence.

Before purchasing, the Software is offered with a free usage-based trial (Trial Version; see EULA §2.1), which allows it to be evaluated at no cost and with no commitment. We recommend using it before buying.

Nothing in this section limits the consumer-protection rights that the legislation of the user's country grants on a mandatory basis.

14. DATA PROTECTION

The processing of personal data is governed by the Privacy Policy (PRIVACY_POLICY.md), which forms an integral part of these Terms.

15. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

The disclaimers of warranties and limitations of liability set out in the EULA (Sections 8 and 9) apply equally to these Terms. The foregoing is understood to be without prejudice to the legal warranties of conformity and other mandatory rights that consumer protection regulations grant to the user (see EULA §8), which remain in their entirety.

16. MODIFICATIONS TO THE TERMS

HIFILAT reserves the right to modify these Terms at any time. Modifications will be notified by means of:

Notice in the application upon opening it
Publication on hifilat.com
Notification by email (if the user has provided one)

Modifications will take effect 15 days after their publication, except for changes related to security or legality, which will be immediate.

Continued use of the Software after the effective date implies acceptance of the modified Terms. A user who does not agree must cease using the Software.

17. APPLICABLE LAW AND DISPUTE RESOLUTION

17.1 Applicable law

These Terms are governed by the laws of the Republic of Chile.

17.2 Amicable resolution

Before initiating any legal action, the parties will attempt to resolve the dispute through good-faith negotiation for a period of no less than 30 days from the formal notification of the conflict.

17.3 Jurisdiction

If amicable resolution is not successful, the parties will submit to the exclusive jurisdiction of the ordinary courts of Santiago de Chile, waiving any other forum.

The foregoing is understood to be without prejudice to the mandatory rights of the user in their capacity as a consumer under the legislation of their country of habitual residence; in particular, consumers residing 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.

17.4 Limitation period

Any claim arising from these Terms must be brought within the period of one (1) year from the event that gives rise to it, unless mandatory law establishes a different period.

18. FINAL PROVISIONS

18.1 Entirety

These Terms, together with the EULA, the Privacy Policy, and the Third-Party Notices, constitute the complete agreement between the parties.

18.2 Severability

The invalidity of one clause does not affect the validity of the remaining ones.

18.3 Waiver

The failure to require compliance with an obligation does not imply a waiver of the right to require it subsequently.

18.4 Language

The original version of these Terms is in Spanish. Any translation is for information purposes only; in the event of a discrepancy, the Spanish version shall prevail.

18.5 Contact information

For inquiries about these Terms:

Web: https://hifilat.com
Email: contacto@hifilat.com