Terms of Service

These Terms of Service ("Terms") govern your access to and use of the MixOps platform, including the website at mixops.io and all related tools, features, and services (collectively, the "Service"), operated by MixOps ("we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding agreement to use the Service. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

2. Account Registration and Security

To access certain features, you must register for an account using a valid email address. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access or use of your account. We reserve the right to suspend or terminate accounts that violate these Terms.

3. Description of Service

MixOps provides browser-based tools for managing configuration files used by Avid S6, S4, S1, and S3 control surfaces and related EuCon-based workflows. Features include editing console layouts, softkey assignments (AppSets), knob maps, user preferences, and Pro Tools session data; cloud-based file storage and synchronization across devices; file sharing with other authorized users; friend and connection management for collaboration; and additional post-production workflow tools as released from time to time.

The Service is designed for use by audio professionals working with Avid control surfaces and Pro Tools, and is provided as a productivity tool. It does not modify your console hardware or firmware directly; all changes are exported as XML configuration files that you apply at your own discretion.

4. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law;
• Attempt to gain unauthorized access to any part of the Service, other accounts, or related systems;
• Interfere with or disrupt the integrity or performance of the Service;
• Reverse engineer, decompile, or disassemble any portion of the Service, except as permitted by applicable law;
• Resell, sublicense, or redistribute access to the Service without our prior written consent; or
• Upload or transmit any malicious code, viruses, or harmful data.

4.1 Cloud Storage and Sharing

If you use cloud storage or file sharing features, you additionally agree not to:

• Use cloud storage to store content unrelated to console configuration or the intended purpose of the Service;
• Share files containing malicious code, scripts, or data designed to harm recipients or their equipment;
• Exceed applicable storage quotas for your account tier; or
• Attempt to access files belonging to other users without explicit authorization through the sharing mechanism.

5. Intellectual Property

5.1 Our Intellectual Property

The Service, including its design, code, features, documentation, and branding, is owned by MixOps and protected by copyright, trademark, and other intellectual property laws. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited license to use the Service as described herein.

5.2 Your Content

You retain ownership of all console configuration data, layout files, and other content you upload to or create using the Service ("Your Content"). By using the Service, you grant us a limited, non-exclusive license to store, process, and display Your Content solely for the purpose of providing the Service to you. We do not claim ownership of Your Content. When you use cloud storage, Your Content is stored on Cloudflare R2 servers with encryption at rest. When you share files with other users, you grant those users read-only access to the shared content for the duration of the share, which you may revoke at any time.

5.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, you grant us a non-exclusive, royalty-free, perpetual, irrevocable license to use and incorporate such feedback without obligation to you.

6. Third-Party Trademarks

Avid, Pro Tools, S6, EuCon, and EUCON are registered trademarks of Avid Technology, Inc. Dolby and Dolby Atmos are registered trademarks of Dolby Laboratories, Inc. All other trademarks, service marks, and trade names referenced in the Service are the property of their respective owners.

MixOps is not affiliated with, endorsed by, or sponsored by Avid Technology, Inc., Dolby Laboratories, Inc., or any other third-party trademark holder. Use of third-party trademarks is solely for identification and interoperability purposes and does not imply any association or endorsement.

7. Fees and Payment

Certain features of the Service may require a paid subscription. Pricing, billing frequency, and payment terms will be communicated to you before purchase. All fees are non-refundable except as required by applicable law. We reserve the right to change pricing with 30 days' notice.

8. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any defects will be corrected. We do not warrant that the Service will be compatible with any specific console hardware, firmware version, or third-party software. You acknowledge that the Service interacts with professional audio equipment and that you are solely responsible for verifying the accuracy and suitability of any configuration data before applying it to your equipment.

9. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall MixOps, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, revenue, business interruption, cost of substitute goods or services, or equipment damage, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if advised of the possibility of such damages.

Our total aggregate liability to you for all claims arising out of or relating to these Terms or the Service shall not exceed the greater of (a) the amounts you paid to us in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless MixOps and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Service; your violation of these Terms; your violation of any third-party right, including intellectual property rights; or any damage caused by configurations you applied to equipment using data generated by or through the Service.

11. Content Moderation and User Conduct

You are solely responsible for all content you post, share, or transmit through the Service, including messages, files, and meal order information. You agree not to use the Service's communication features to harass, threaten, defame, or abuse other users.

The Service provides tools to block users and report content. We review reports and may remove content or suspend accounts that violate these Terms. We are not obligated to monitor all user content but reserve the right to do so.

If you share files containing confidential or proprietary information belonging to third parties, you are solely responsible for obtaining any necessary permissions.

12. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. You may terminate your account at any time using the self-service account deletion feature or by contacting us. Upon termination:

• Your right to use the Service ceases immediately;
• We may delete Your Content, including cloud-stored files, after a reasonable retention period (currently 30 days). During this period, you may request an export of your data; and
• Any provisions of these Terms that by their nature should survive termination will survive (including Sections 5, 8, 9, 10, and 14).

13. Modifications to Terms

We may modify these Terms at any time. We will notify you of material changes by posting the updated Terms on the Service and updating the "Last Updated" date. Your continued use of the Service after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service.

14. Modifications to the Service

We reserve the right to modify, suspend, or discontinue the Service (or any feature thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

15. Copyright and DMCA Policy

We respect the intellectual property rights of others. If you believe that content available through the Service infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing the following information to our designated agent:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material;
• Your contact information, including address, telephone number, and email;
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
• A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Send DMCA notices to: dmca@mixops.io

Upon receiving a valid DMCA notification, we will remove or disable access to the allegedly infringing material and notify the user who posted it. Repeat infringers may have their accounts terminated.

16. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved exclusively in the state or federal courts located in Los Angeles County, California, and you consent to the personal jurisdiction of such courts.

17. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and MixOps regarding the Service and supersede all prior agreements and understandings.

Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Force Majeure. We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control.

18. Contact Us

If you have questions about these Terms, contact us at:

MixOps
Email: terms@mixops.io