End-User License Agreement (EULA)

Effective Date:01/07/2025

App Name: TinniTuneout

Business Name: Akashic Communications

ABN: 19 919 553 728

Jurisdiction: New South Wales, Australia

This End-User License Agreement (“EULA”) is a legal agreement between you (either an individual or a single entity) and Akashic Communications ABN 19 919 553 728 (hereinafter referred to as “Licensor”), for the use of the TinniTuneout mobile application (the “App” or the “SOFTWARE”), developed and owned by the Licensor (the “SOFTWARE”).

By clicking on the “I ACCEPT” button, or by installing, or using the Software, you agree to be bound by the terms of this EULA. Please ensure that you have carefully read and properly understood the entire agreement before agreeing to its terms and conditions. If you do not agree to all the terms of this agreement, click “I DECLINE”. If you refuse to accept the EULA, you will be prohibited from using the SOFTWARE and will be required to uninstall it.

  1. Scope of the Software: The SOFTWARE is a sound generator intended for use on Android and iOS platforms on mobile devices. For the purpose of this Agreement, a “mobile device” shall mean, without limitation, phones and tablets.
  2. License Grant: Licensor grants you a non-exclusive, non-transferable, limited license to use the Software solely for your personal, non-commercial use on your mobile device.
  3. Intellectual Property: The Software is owned by Licensor and is protected by copyright laws, trademark law, international treaty provisions and trade secret laws, as well as other intellectual property laws and treaties. The Software is licensed, not sold, and the Licensee does not acquire any rights of ownership in the Software hereunder.
  4. Third-Party Intellectual Property: You acknowledge and agree that certain portions of the Software may implement or be based on industry-recognized standards. Third parties may claim to hold intellectual property rights (including patent rights) related to such standards. This Agreement does not grant you any license to any such third-party intellectual property rights. The Licensor disclaims all liability for any actual or alleged infringement claims arising from your use of the SOFTWARE in connection with such standards. You also acknowledge and agree that the SOFTWARE may contain proprietary third-party software and/or software that are subject to open-source licenses which may be subject to notices and/or additional terms and conditions. By accepting this Agreement, you are also accepting such additional terms and conditions, if any.
  5. Restrictions: You may not reverse engineer, decompile, disassemble, or create derivative works of the Software, except to the extent that such activity is expressly permitted by applicable law or by the license terms applicable to any open-source components included in the Software. Notwithstanding the foregoing, you may create derivative works of those components of the Software that are licensed under the Eclipse Public License 2.0 (EPL 2.0) or the Apache License 2.0, to the extent permitted by those licenses. You may not remove or obscure any copyright, license, or other proprietary notices on the Software.
  6. Updates and Modifications: The App may be updated from time to time to improve its functionality, fix bugs, or address security vulnerabilities. You will receive an in-app notification when an update is available to be installed on your device. We may make changes to the EULA from time to time. You will be notified through an in-app notification when there are changes to the EULA. You will be required to agree to the new terms to continue using the SOFTWARE.
  7. Disclaimer of Warranties: The Software is provided “as is” and Licensor disclaims all warranties, express or implied, including without limitation, the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. The Licensor does not warrant the software will meet your requirements or that the operation of the software will be uninterrupted or error free. The Licensor is not liable for any direct, indirect, special, or consequential damages resulting from the use of the app or its content. You are solely responsible for any use of the app and for any consequences arising from that use. The information provided by this app is for informational purposes only and should not be construed as medical advice. It is essential to consult with a qualified healthcare professional for any medical concerns or decisions.
  8. Limitation of Liability: In no event shall Licensor be liable for any direct, indirect, incidental, special, economic, exemplary, consequential or punitive damages of any kind or nature whatsoever, whether based on contract, warranty, tort (including negligence), strict liability or any other legal theory, arising out of or in connection with the use or inability to use the Software, even if Licensor has been advised of the possibility of such damages. The total liability of the Licensor for any claim arising out of or related to the software, including but not limited to its sale, purchase, delivery, and use, shall not exceed the price paid for the software. In no event will the Licensor be liable for the costs of procurement of substitute software. This limitation of liability constitutes an essential part of this license.
  9. Severability: If any provision of this Agreement is invalid or unenforceable under applicable law, it shall not affect the validity or enforceability of the remainder of the terms of this Agreement, and without further action by the parties hereto, such provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
  10. Termination: This EULA shall terminate immediately if you breach any of its terms. Upon termination, you must immediately cease all use of the Software and uninstall it.
  11. Arbitration: Any dispute or claim arising out of or in connection with this contract will be resolved by arbitration under the ACICA Expedited Arbitration Rules. The arbitration will be held in Sydney, Australia, in English, and decided by a sole arbitrator. This contract is governed by the laws of New South Wales. The arbitrator’s decision will be final and binding. Nothing in this clause prevents either party from seeking urgent court orders (such as an injunction) where necessary.
  12. No Class or Representative Actions: You and the Licensor agree to resolve any disputes only on an individual basis. Neither party will bring or participate in a class action, collective action, or representative proceeding against the other, except to the extent that such restriction is not permitted by law. This clause does not limit any rights you may have under the Australian Consumer Law.
  13. Governing Law: This EULA shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. Any dispute arising out of or in connection with this EULA shall be submitted to the exclusive jurisdiction of the courts of the State of New South Wales, Australia.
  14. Entire Agreement: This EULA constitutes the entire agreement between you and Licensor with respect to the Software and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and Licensor.
  15. In-App Purchases: In-app purchases, including subscriptions, are granted as a non-exclusive, non-transferable license to use the Software for the duration specified in your subscription agreement. Subscriptions renew automatically at the end of each billing cycle, unless the customer cancels its subscription at least 48 hours prior to renewal. You can cancel a subscription at any time and will continue to be able to use the service until that subscription ends, then you will not be billed to renew it. Refunds are subject to the Google Play Store\'s refund policy. All payment transactions are processed through the Google Play Store, and the User agrees to be bound by the Google Play Store\'s terms and conditions and refund policy. The App uses RevenueCat (US) to facilitate subscriptions, to verify Google Play Store receipts, process subscription purchases, restore previous purchases associated with your signed-in Google ID. This information is linked to an anonymous App User ID. RevenueCat does not have access to any Personal Information.
  16. Contact Information: If you have any questions or concerns about this EULA or the Software, please contact Licensor by emailing:
  17. Third-Party Notices: This product includes software components developed by third parties, including open-source software. Some components have been modified to create derivative works. These components and their applicable license terms are listed below.

    To request the source code for the open-source components, please email with the subject line:
    Subject: Open Source Code Request – TinniTuneout App

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