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Software Terms of Use

Last updated: 05/03/2026

These Terms of Use ("Terms") are a legal agreement between you ("you" or "User") and Open Acoustic Devices (Open Conservation Technology Limited) ("we", "us", "our"). They govern your access to and use of:

  • our website at https://www.openacousticdevices.info (the "Website"), and

  • any software applications, installers, binaries, source code, and related materials that we make available via the Website (collectively, the "Software").

 

By downloading, installing, accessing, or using any Software, you agree to these Terms. If you do not agree, do not download, install, access, or use the Website or Software.

1) Eligibility and authority

You confirm that you are legally able to enter into a binding contract. If you use the Website or Software on behalf of an organisation, you confirm you have authority to bind that organisation and "you" includes that organisation.

2) Open-source licences and priority

Certain Software (including the AudioMoth Time App, AudioMoth Flash App, AudioMoth Configuration App, AudioMoth Live App, AudioMoth USB Microphone App, AudioMoth Chime App and AudioMoth GPS Sync App) is released under the MIT License, available here (the "Open-Source Licence").

Where any Software is made available under an Open-Source Licence, that Open-Source Licence governs your rights to use, copy, modify, and distribute that Software. Nothing in these Terms is intended to limit rights granted under an Open-Source Licence, and if there is a conflict, the Open-Source Licence prevails for that Software.

3) Binaries, installers, and source code

We may provide Software as (a) source code, (b) compiled binaries, (c) installers/packages, or (d) updates (including pre-release versions).

You are responsible for selecting the correct Software for your needs and environment and for verifying compatibility and integrity prior to installation and use.

4) Updates and changes

We may change, update, suspend, or discontinue any part of the Website or Software at any time, with or without notice. We do not guarantee that any specific feature will remain available.

5) No support or service commitment

We may provide documentation, community support, or guidance, but we do not promise to provide support, maintenance, updates, security patches, or continued availability of any Software or the Website.

6) Acceptable use

You must not:

  • use the Website or Software in any way that is unlawful, fraudulent, or harmful;

  • interfere with or disrupt the Website or our systems;

  • attempt to bypass security or access controls, or introduce malware; or

  • use the Website to distribute malicious or unlawful content.

 

This section does not restrict activities permitted under an Open-Source Licence (such as modifying the source code). It does apply to your use of the Website and our infrastructure.

7) Trademarks and branding

"AudioMoth" is our trademark (UK: 00004199295, US: 90049469) Open-Source Licences may allow use of the code, but they do not grant you permission to use our trademark except for truthful attribution and nominative reference. You must not imply endorsement by us without our written permission.

8) Third-party components

The Software may include or depend on third-party software components that are subject to separate licences and notices. Those third-party terms apply to the relevant components. We are not responsible for third-party software, services, or websites.

9) Privacy and data

The Software does not intentionally collect or transmit telemetry or usage analytics to us.​ If you contact us (for example, by email or via issue trackers), we will process the information you provide for the purposes of responding and maintaining records.

If you contact us (for example, by email or via issue trackers), we will process the information you provide for the purposes of responding and maintaining records. For more information, see our privacy notice here.


10) Security and responsible use

You are responsible for maintaining appropriate security controls for your systems and data, including scanning downloads for malware and keeping backups. You are also responsible for any results, outputs, or decisions made using the Software.

11) Disclaimers

To the maximum extent permitted by law, the Website and Software are provided "as is" and "as available". We disclaim all warranties, conditions, and representations, whether express, implied, or statutory, including (without limitation) implied warranties/conditions of satisfactory quality, fitness for a particular purpose, non-infringement, and accuracy.

We do not warrant that the Website or Software will be uninterrupted, error-free, secure, or free of harmful components, or that defects will be corrected.

Nothing in these Terms excludes or limits any liability that cannot be excluded or limited under applicable law (including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation).

12) Limitation of liability

To the maximum extent permitted by law:

  • we will not be liable for any indirect, consequential, special, incidental, or punitive losses or damages; or

  • any loss of profits, revenue, business, goodwill, anticipated savings, or loss or corruption of data, arising from or in connection with the Website or Software, even if foreseeable or if we were advised of the possibility.

 

13) Safety-critical and high-risk use

The Software is not designed, manufactured, or intended for use in hazardous, safety-critical, medical, emergency, or mission-critical environments where failure could lead to death, personal injury, or significant physical or environmental damage. You accept all risk arising from any such use.

14) Export controls and sanctions

You must comply with applicable export control and sanctions laws and regulations. You represent that you are not subject to sanctions that would prohibit access to or use of the Website or Software.

15) Termination

You may stop using the Website and Software at any time. We may suspend or terminate your access to the Website at any time.

Termination of these Terms does not affect rights granted under any applicable Open-Source Licence for copies of Software already obtained under that licence, but sections that by their nature should survive will survive (including sections 7–14).

16) Governing law and jurisdiction (UK)

These Terms are governed by the laws of England and Wales. The courts of England and Wales will have exclusive jurisdiction over disputes arising out of or in connection with these Terms, except where mandatory consumer protection laws require otherwise.

17) General

  • Severability: If any provision is held unlawful or unenforceable, the rest remains in effect.

  • No waiver: Failure to enforce a provision is not a waiver.

  • Assignment: You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations under these Terms.

  • Entire agreement: These Terms, together with any Open-Source Licence(s) and policies referenced, form the entire agreement regarding the Website and Software.

18) Contact

Questions about these Terms: theteam@openacousticdevices.info

©2026 Open Acoustic Devices

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