End User License Agreement (EULA)

1. Parties and acceptance

This End User License Agreement (“Agreement”) is between KOS MUSIC (“Publisher”), provider of the HyperION software, updates, accompanying content, and documentation (“Software”), and the individual or entity that downloads, installs, activates, or uses it (“User”). By using the Software, the User accepts this Agreement. A person who does not agree must not purchase, download, install, or use the Software. Digital-product sales are final except where non-waivable law expressly requires otherwise.

2. License grant

Subject to payment and compliance with this Agreement, Publisher grants User a limited, non-exclusive, non-transferable, non-sublicensable license to use the Software for personal or internal business music/audio production. The Software is licensed, not sold. Publisher and applicable third parties retain all intellectual-property rights.

3. Editions and devices

Available features depend on the purchased Demo, Standard, or Ultimate edition. Demo may restrict project saving, audio/MIDI export, and third-party plug-in hosting. Unless the sales page states otherwise, a commercial license may be limited to three active devices for the same User. Organizational or multi-user use requires a separate written license.

4. Permitted use

• Create, edit, mix, and export audio/MIDI for which User owns or has obtained the necessary rights.
• Create original commercial or non-commercial works using functions lawfully made available by the Software.
• Keep a reasonable number of access-controlled backup copies solely for recovery.

5. Restrictions

User may not rent, resell, redistribute, sublicense, or share license keys; circumvent access controls; reverse engineer or decompile except where law expressly permits; defeat technical protection; introduce malicious code; remove proprietary notices; or use the Software for unlawful, deceptive, or rights-infringing purposes.

EULA · Content, AI, and third parties

6. User content

User retains rights in content imported into or created with the Software. Publisher may perform only the limited technical processing needed to provide the Software, deliver support, or complete remote processing explicitly initiated by User. User represents that all required rights and permissions have been obtained, including for personal data, voice/likeness, copyright, trademarks, and contractual restrictions.

7. Factory content and presets

Unless a separate license states otherwise, Publisher-provided factory samples, presets, and similar assets are licensed only for incorporation into musical or audiovisual productions. Raw assets may not be redistributed, sold, shared, or repackaged as sample packs, preset banks, or competing datasets. A third-party asset’s own license controls.

8. AI features

AI output is probabilistic and is not guaranteed to be accurate, unique, royalty-free, error-free, or fit for a particular purpose. User must review inputs and outputs, obtain all clearances and permissions, and avoid deceptive deepfakes, unauthorized voice imitation, personality-rights violations, illegal content, or security abuse. If a remote provider is selected, that provider’s terms, fees, and privacy rules also apply.

9. Third-party software and services

VST3 plug-ins, codecs, models, APIs, Gumroad, and similar services are provided by third parties. Publisher does not fully control their availability, security, compatibility, or content policies. Applicable third-party licenses and terms apply, and service changes may affect features.

10. Updates and changes

Publisher may provide updates for security, compatibility, performance, or product development; may change features, remove beta functionality, or update edition scope with reasonable notice. User should retain versioned backups and renders for project compatibility.

11. Feedback

Voluntary product feedback may be used for product development unless expressly accepted as confidential. Publisher will not use that provision to claim ownership of User’s existing works.

EULA · Warranty, liability, and termination

12. Limited warranty and disclaimer

Subject to non-waivable consumer law, the Software is provided “as is” and “as available.” Publisher will use reasonable commercial care but does not guarantee uninterrupted or error-free operation, compatibility with every device or plug-in, freedom from data loss, AI accuracy, or a particular creative or professional result. User is responsible for production backups.

13. Limitation of liability

Except for liability that cannot legally be limited—including applicable liability for death or bodily injury, willful misconduct, gross negligence, or mandatory consumer rights—Publisher’s aggregate liability will not exceed the amount User paid for the relevant license during the twelve months preceding the event giving rise to the claim. To the extent permitted by law, Publisher is not liable for indirect or consequential loss, lost profit/revenue, business interruption, loss of projects/data, or third-party claims.

14. Indemnity

A business User agrees to defend and indemnify Publisher against third-party claims arising from User content, failure to obtain rights, unlawful AI/voice use, or material breach of this Agreement. This clause does not override mandatory consumer protections.

15. Suspension and termination

Publisher may suspend or terminate a license for unauthorized chargeback/payment reversal, fraudulent or shared keys, device-limit abuse, security risk, or material breach. Where reasonable, User may be given an opportunity to cure. Upon termination, use rights end; provisions on intellectual property, liability, content rights, and disputes survive.

16. Governing law and disputes

Subject to mandatory consumer jurisdiction, this Agreement is governed by the laws of the Republic of Türkiye. Consumer remedies and competent authorities are determined by applicable law. Commercial disputes are subject to [courts and enforcement offices at Publisher’s registered seat—complete after legal review].

17. General and contact

Invalidity of one provision does not invalidate the remainder. Delay in enforcement is not a waiver. Mandatory law, separate third-party licenses, and product-specific sales terms control in case of conflict. Notices: [official support email/address].

Privacy Notice

1. Data controller

Controller under Turkish Personal Data Protection Law No. 6698 (“KVKK”): KOS MUSIC [full legal name, registered address, registration/tax number, email].

2. Data categories and purposes

3. Legal bases

Depending on the activity: performance of a contract, legal obligation, establishment/exercise/protection of rights, legitimate interests that do not override fundamental rights, and explicit consent where required. Each activity must be mapped to a specific basis in the processing inventory.

4. Recipients and transfers

Data may be transferred as necessary to Gumroad for sales/payment; to hosting, email, or error-tracking providers; or to an AI provider selected by User. Before release, identify actual providers, recipient countries, and the lawful international-transfer mechanism. Reference audio should leave the device only after an explicit User action.

Retention, security, and data-subject rights

5. Retention

Data is retained only as long as required for the stated purpose and legal obligations, then deleted, destroyed, or anonymized. Before publication, assign exact periods for [activation], [order/accounting], [support], [logs], [AI job metadata], and [backups]. Local project/audio retention remains under User control.

6. Security

Reasonable technical and organizational measures should include encrypted transport, least-privilege access, protected credentials, log redaction, secure updates, backups, incident response, and provider review. Hashes or masked values should be stored instead of full license keys where feasible. No security method is absolute.

7. Rights

Under Article 11 of KVKK, an eligible data subject may ask whether data is processed; request information; learn purposes and whether use is consistent with those purposes; learn recipients in Türkiye or abroad; request correction of incomplete or inaccurate data; request deletion/destruction where conditions apply; request notification of correction/deletion to recipients; object to adverse results produced exclusively by automated analysis; and claim compensation for unlawful processing where applicable.

8. Requests

Submit requests to [KVKK request email, registered electronic mail address, or physical address] using a method sufficient to verify identity without collecting unnecessary data. Requests will be answered within applicable procedures and deadlines.

9. Processing that may require separate consent

• Marketing communications where consent is the applicable basis.
• Optional upload of reference audio or personal data to a remote AI provider.
• Specific international-transfer cases where no other lawful safeguard applies.

AI and User Content Terms

1. Scope

This appendix applies to stem separation, Track-to-MIDI, HyperTune/HyperPitch, Prompt Audio Studio, beat/step/piano generators, voice conversion, and other model-based features.

2. User representations

User represents that User may upload and process each input; has obtained required artist, performer, model-release, and personal-data permissions; and will comply with confidentiality and professional-secrecy duties. Content concerning children or sensitive data may not be uploaded without valid authority and safeguards.

3. Prohibited use

• Unauthorized voice cloning, impersonation, fraud, or deceptive deepfakes.
• Copyright, trademark, personality-rights, or privacy infringement; circumvention; stolen datasets/models.
• Hate, exploitation, sexual abuse, serious harm, malware, or unlawful surveillance.
• Processing a real person’s sensitive data without a lawful basis and appropriate safeguards.

4. Local and remote processing

Where possible, the interface should identify whether processing is local or API-based, the provider, audio-upload state, and cost/quota. “Local” means project audio is not sent to an AI provider; model downloads and any telemetry must be disclosed separately. Provider terms apply to API processing.

5. Output responsibility

Publisher does not guarantee originality or exclusive rights in output. Before release, User must review similarity, copyright, accuracy, technical quality, and platform rules; add any required AI disclosure; and retain records of human creative contribution and source rights.

6. Security

Credentials must not be embedded in projects and must be redacted from logs. High-cost jobs require clear confirmation. On suspected unauthorized transfer or breach, stop the job, rotate credentials, and report privately through the security channel.

Sales, Final-Sale Policy, Updates, and Support

1. Delivery

The digital license is delivered through the Gumroad library and purchase email after checkout approval. User is responsible for providing a correct email address and protecting account access. System requirements, edition differences, and Demo limitations must be disclosed before purchase.

2. Price, tax, and payment

The sales platform displays currency, tax, payment processing, and receipt/invoice terms. Exchange-rate differences and bank fees may depend on User’s provider.

3. Final sale; no refunds

A HyperION digital license becomes a final sale when checkout is completed and download access or a license key is made available. Publisher does not provide refunds for change of mind, device incompatibility, unmet subjective expectations, difficulty of use, or third-party plug-in/API issues. User should evaluate the Demo, system requirements, and edition comparison before purchase. This clause does not exclude non-waivable statutory remedies for defective digital content or other mandatory rights. An unauthorized chargeback may result in suspension of the license and update access.

4. Updates

“Future updates” means updates for the same edition within the stated product lifecycle; it does not promise that a new major version or separate product will be free. Security and defect fixes are provided under the applicable product policy.

5. Support scope

Reasonable support covers installation, activation, and reproducible product defects. Music-production consulting, third-party plug-in training, custom project repair, recovery of lost User data, and provider/API charges are outside standard support.

6. Contact

Purchases, downloads, and account access: official Gumroad profile. Software defects: GitHub issue form. Security: private disclosure channel. Response target: [complete business-day/SLA statement].

Third-Party Content and Notices

HyperION may contain third-party software, models, codecs, fonts, samples, presets, or images governed by open-source, royalty-free, Creative Commons, or other licenses. All trademarks, copyrights, and ownership rights remain with their respective owners. Inclusion in HyperION does not mean KOS MUSIC created or owns that material.

Use rule

Third-party material may be used only under its original license. Preserve required attribution, license text, source, notices, share-alike terms, and redistribution conditions. KOS MUSIC claims ownership only of original HyperION components and original content created specifically for HyperION.

Required inventory before commercial release

Draft Processing Inventory

Technical verification before release

Legal and Documentation Completion Checklist