Audio Drop Terms of Sale and End User License Agreement

Version 2026-10-17 · DRAFT pending attorney review

Summary

This summary is for convenience. The full terms below control.

• Audio Drop is licensed to you, not sold. Pro is a one-time purchase for the current major version, on up to 3 of your computers.
• The free version is a full demo with an export limit.
• You get a full refund if you ask within 30 days of purchase, no questions asked.
• You are responsible for having the right to use every file you capture, import, generate or export. Sounds from online libraries keep their own licenses.
• Some features rely on third-party tools and websites. We may change, restrict or turn off those features.
• The app is provided as is. Our liability is limited to what you paid.
• Disputes go to individual arbitration, not class actions, unless you opt out within 30 days. Small claims court is always available.

1. About these terms

These Terms of Sale and End User License Agreement (the "Terms") are a binding agreement between you and Derrick Duckworth, an individual doing business as aPOP in Wilmington, North Carolina ("aPOP", "we", "us"). They govern your purchase and use of the Audio Drop desktop application, its free and paid versions, its updates, and the online services it connects to (together, the "Software").

You accept these Terms when you check out, or when you install, activate or use the Software. If you do not agree, do not buy or use the Software.

Some features show additional terms inside the app before first use, such as the Web Capture Supplemental Terms. Those terms are part of this agreement. If they conflict with these Terms about that feature, the feature terms control. Sound packs are covered by the separate aPOP Sound Pack License.

Section 24 contains an arbitration agreement and class action waiver that affect how disputes are resolved. Please read it.

2. Eligibility

You must be at least 18 years old, or the age of majority where you live if higher, and able to form a binding contract. If you accept these Terms for a company or other organization, you confirm that you have authority to bind it, and "you" includes that organization.

3. Purchases and payment

Orders are processed by Lemon Squeezy (Link, LLC), which acts as our reseller and merchant of record. Lemon Squeezy handles payment, sales tax, VAT, invoices and receipts, and its buyer terms govern the payment transaction. These Terms govern your license to and use of the Software. Prices are shown at checkout and may change at any time; a price change does not affect a purchase already completed.

Your license key is delivered by email after payment. Keep it private. You are responsible for activity under your key.

4. License grant

Subject to these Terms, aPOP grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software in object-code form for your own personal or internal business purposes, including commercial projects. The Software is licensed, not sold. All rights not expressly granted are reserved.

5. Free version

The free version is a full-featured demo of the Software. It includes a one-time allowance of starter exports, followed by a monthly allowance that resets each calendar month and does not carry over. The current allowance is 15 starter exports and then 5 exports per month. An export is any time the Software delivers an audio file out of the app, such as dragging a sound into another program or saving a generated voice take. Browsing, searching and previewing do not count. We may change the free allowance in future versions.

6. Pro license

A Pro license is a one-time purchase. It removes the export limit and is not a subscription. Each Pro license:

• is for one person, the purchaser or one named employee or contractor of a purchasing organization, and may be activated on up to 3 computers that person uses. An organization needs one license per person who uses the Software;
• covers the major version current on the purchase date (for example, all 1.x releases) for as long as that version runs on your system;
• is checked online when you activate it and periodically afterward, and keeps working offline between checks;
• may be deactivated on one computer to move it to another, using the License page in Settings. If a computer is lost or unavailable, you can free all of your computers from the License page when activation reports the limit; this is allowed up to 3 times per week, after which you can email support.

You may not share, resell, rent or transfer a license key, except that an organization may reassign its license from one person to another once the first person stops using the Software.

7. Restrictions

Except as expressly allowed by these Terms or by an open-source license that applies to a component, you will not, and will not allow anyone to:

• copy, modify, translate or create derivative works of the Software;
• reverse engineer, decompile or disassemble the Software, except to the extent applicable law expressly permits it despite this restriction;
• bypass, disable, reset or tamper with the export limit, license checks, activation limits, feature switches or any other technical limit in the Software;
• generate, share, publish or sell license keys, or use a key that was not issued to you;
• sell, rent, lease, lend, sublicense, distribute or host the Software for others, including as a service bureau or as part of a hosted or software-as-a-service offering;
• remove or alter any copyright, trademark, license or attribution notice in the Software or in sounds it displays;
• use the Software in breach of Section 13 (Acceptable use).

8. Updates and versions

We may release updates that fix bugs, add, change or remove features, or change limits. Updates within your licensed major version are included with Pro. A new major version may be a paid upgrade. Some updates may be required to keep using online features. We do not promise any update, new feature, or support for any particular operating system or third-party program.

9. Online features and the right to change them

Some parts of the Software depend on services we do not control, such as Freesound, OpenGameArt, Lemon Squeezy, Cloudflare, video and audio websites, and open-source tools downloaded from their publishers. Those services can change, limit or end access at any time, and their terms apply when you use them through the Software.

The Software periodically contacts apopstore.com to check which online features are available. We may suspend, restrict or remove any online feature or third-party integration, in whole or in part, for all users or for particular websites, at any time, including in response to a legal claim, a request from a third party, a change in law, or a change in a third party's terms. Doing so is not a breach of these Terms and does not entitle you to damages. If we permanently remove a feature within 30 days after your purchase, you may request a refund under Section 17. Otherwise, no refund or credit is owed for changes to online features, except where law requires it.

10. Sounds and third-party content

aPOP sounds. Sounds recorded by aPOP, including the free Starter Kit and paid sound packs, are covered by the aPOP Sound Pack License. Your right to use them does not depend on keeping a Pro license.

Online libraries. Sounds you find through Freesound, OpenGameArt or other online libraries are owned by their creators and licensed by them, not by us. The Software shows the license reported by each source, but we do not verify it and do not guarantee that it is accurate, complete or current. Before you use a sound, especially commercially, check its license on the source site and follow its terms, including any attribution or non-commercial requirement.

Your own files. Files you import from your computer or capture from the web keep whatever rights and restrictions they already have.

The Pro license and these Terms grant you no rights in any third-party content. You alone are responsible for having the right to use every file you search for, preview, capture, import, generate or export with the Software.

11. Web Capture

Web Capture lets you direct software on your own computer to save audio from a web address you enter. It is a general-purpose tool and is not promoted for use with any particular website. It runs entirely on your device; we do not host, store or receive the media you capture or the web addresses you enter. Before first use you must accept the Web Capture Supplemental Terms shown in the app. In short, you may capture only content you own, have permission to copy, or are otherwise legally allowed to copy, and you must not use Web Capture to break any website's terms, to get around copy protection or access controls, or to collect content in bulk. Many websites prohibit downloading, and they may block or ban you if you do. We may disable Web Capture, for everyone or for particular websites, at any time.

12. Voice Studio

Voice Studio generates speech using an optional text-to-speech engine that runs on your computer and is licensed separately under its own open-source license. Some voices can be modeled on recordings you provide. You may provide a recording of a person's voice only if it is your own voice, or you have that person's informed, written consent to create and use a synthetic version of it for your purpose. You will not use generated speech to impersonate a real person, to mislead anyone into believing a real person said something they did not, to defraud or harass anyone, or in political or commercial messaging that is required by law to be disclosed as synthetic without that disclosure. You are responsible for complying with laws on voice and likeness rights, which vary by place and change often.

13. Acceptable use

You will not use the Software, or any content or output it produces, to:

• infringe, misappropriate or violate any copyright, trademark, patent, trade secret, right of publicity, privacy right or other right of anyone;
• circumvent any technological measure that controls access to or copying of a work, in violation of 17 U.S.C. § 1201 or similar laws;
• breach the terms of any website, platform or service, or access content or accounts you are not authorized to access;
• scrape, crawl or download content in bulk, or place an unreasonable load on any website or on our servers;
• redistribute sounds in a way their license forbids, including selling or sharing aPOP sounds as sound effects in their own right;
• register sounds you do not exclusively own with content identification systems such as YouTube Content ID;
• create or distribute content that is unlawful, defamatory, harassing, sexually exploitative of anyone, or that violates Section 12;
• break any law or regulation that applies to you.

We do not monitor how you use the Software, and we have no duty to do so.

14. Open-source and third-party software

The Software includes or downloads components licensed by third parties, including the Godot Engine (MIT), SQLite (public domain), FFmpeg (LGPL 2.1 or later; GPL for some macOS builds), yt-dlp (Unlicense), Deno (MIT), the Wry web view library (MIT/Apache 2.0) and the Voice Studio engine (GPL). Those components are governed solely by their own licenses, which are listed in the app's Credits screens. Nothing in these Terms limits any right those licenses give you, and where an open-source license requires that source code be made available, we will provide it on request as that license requires. Components downloaded from their publishers are not provided by aPOP and are provided as is.

15. Your files and feedback

You keep all rights you have in your files and projects. We claim no rights in anything you make with the Software. If you send us suggestions or feedback, we may use them without obligation to you.

16. Privacy

Our privacy page explains what the Software sends and to whom. In short, we do not run accounts, analytics or tracking; license checks go to apopstore.com; feedback you choose to send goes to the developer; and your library, captures and export counts stay on your computer.

17. Refunds

• 30-day refund. If you are not happy with Audio Drop Pro for any reason, ask for a refund within 30 days of purchase and we will give you a full refund, no questions asked. Email support@apopstore.com from your order email, or include your order number. Refunds are issued through Lemon Squeezy to your original payment method; how long they take to appear depends on your bank.
• After 30 days. Purchases are final after 30 days, except where the law requires otherwise or where we choose to make an exception.
• Feature removal. The 30-day refund covers removal of any feature, including Web Capture, within 30 days of purchase. No refund is owed for later changes to online or third-party features (Section 9).
• Effect of a refund. When a purchase is refunded or charged back, its license key is deactivated and the Software returns to the free version. Files you already exported, and aPOP sounds you already have, remain yours to use under their licenses.
• Chargebacks. Please contact us or Lemon Squeezy before disputing a charge with your bank. We will refund any eligible purchase faster than a chargeback can.
• Your legal rights. Nothing in this section limits consumer rights you have under the law where you live that cannot be waived. If you are in the EU or UK, you agree that the Software is delivered immediately when you receive your key, and you acknowledge that your statutory 14-day right of withdrawal ends at that point; our voluntary 30-day refund still applies.

18. Termination

These Terms remain in effect while you use the Software. Your license ends automatically if you breach these Terms, if your purchase is refunded or charged back, or if your key was obtained fraudulently. We may also deactivate a key that has been shared, published or used beyond its activation limit. When your license ends you must stop using the paid features and, if your right to use the Software at all has ended, uninstall it. Sections 7, 10, 13 through 15, and 19 through 28 survive termination.

19. Ownership

The Software, its design, code, artwork, sounds recorded by aPOP, and the names "Audio Drop" and "aPOP" are owned by aPOP or its licensors and protected by copyright, trademark and other laws. Names of other products and websites belong to their owners and are used only to identify them. aPOP is not affiliated with or endorsed by any website, platform or service the Software can connect to.

20. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SOFTWARE, ALL CONTENT AND ALL THIRD-PARTY COMPONENTS AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. APOP DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE OR FREE OF HARMFUL CODE, THAT ANY LICENSE INFORMATION SHOWN FOR THIRD-PARTY CONTENT IS ACCURATE, OR THAT ANY USE OF THE SOFTWARE IS LAWFUL WHERE YOU ARE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THIS MAY NOT APPLY TO YOU.

21. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW: (A) APOP AND ITS OWNERS, EMPLOYEES, CONTRACTORS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, OR FOR ANY CLAIM BY A THIRD PARTY, ARISING OUT OF OR RELATING TO THE SOFTWARE, ANY CONTENT, OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (B) APOP'S TOTAL LIABILITY FOR ALL CLAIMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR US $25. THESE LIMITS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND THEY ARE AN ESSENTIAL PART OF THE BARGAIN BETWEEN US.

22. Indemnification

To the fullest extent permitted by law, you will defend, indemnify and hold harmless aPOP and its owners, employees, contractors and licensors from all claims, losses, liabilities, damages, settlements, costs and expenses, including reasonable attorneys' fees, arising out of or relating to (a) content you capture, import, generate, use or distribute with the Software, (b) your breach of these Terms, or (c) your violation of any law or of any right of a third party. We may take control of the defense of any such claim at our own expense, and you will cooperate with us. You will not settle a claim that imposes any obligation on aPOP without our written consent.

23. Copyright complaints

We do not host content captured or downloaded by users, so we cannot remove it from a user's computer or from another website. If you believe the Software is being used to infringe your rights, or that content on apopstore.com infringes them, email support@apopstore.com with: your contact details; identification of the work; the location of the infringing material (for example, its web address); a statement that you have a good-faith belief the use is not authorized; a statement, under penalty of perjury, that your notice is accurate and that you are the owner or authorized to act for the owner; and your physical or electronic signature. We may restrict features or deactivate licenses of users who are the subject of repeated credible complaints.

24. Dispute resolution and arbitration

Informal resolution first. Before starting any formal proceeding, the party with a claim must email the other a written description of the dispute and the relief requested (for us, at support@apopstore.com; for you, at the email on your order). We will both try in good faith to resolve it for 30 days. Most issues can be solved with a refund or a fix.

Binding individual arbitration. If the dispute is not resolved, any dispute, claim or controversy arising out of or relating to the Software, these Terms or your purchase, including whether this section applies, will be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules then in effect, and governed by the Federal Arbitration Act. The arbitration will be held in New Hanover County, North Carolina, or by video conference or on written submissions if you choose, and for claims of $10,000 or less you may choose a non-appearance arbitration. We will pay all AAA filing, administration and arbitrator fees that the Consumer Arbitration Rules assign to the business. The arbitrator may award the same individual relief a court could, but only to the individual party seeking it and only to the extent needed for that party's claim.

Exceptions. Either of us may bring an individual claim in small claims court if it qualifies and stays there. Either of us may ask a court for an injunction to stop actual or threatened infringement or misuse of intellectual property, including breach of Section 7.

CLASS ACTION AND JURY WAIVER. YOU AND APOP EACH AGREE TO BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND APOP EACH WAIVE THE RIGHT TO A JURY TRIAL.

Opt-out. You may opt out of this arbitration agreement by emailing support@apopstore.com within 30 days after you first accept these Terms, with the subject line "Arbitration Opt-Out" and your name and order email. Opting out does not affect any other part of these Terms. If you opt out, or if this section does not apply to a dispute, Section 25 decides where it is heard.

Severability. If the class action waiver is found unenforceable as to a claim, that claim must be heard in court under Section 25, not in arbitration. If any other part of this section is found unenforceable, the rest remains in effect.

25. Governing law and venue

These Terms are governed by the laws of the State of North Carolina and applicable federal law of the United States, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any dispute not subject to arbitration will be heard only in the state courts located in New Hanover County, North Carolina, or the United States District Court for the Eastern District of North Carolina, and you and we consent to personal jurisdiction and venue there. If you are a consumer outside the United States, this does not deprive you of the protection of mandatory laws or courts of the country where you live.

26. Export and sanctions

You will not use, export or re-export the Software in violation of United States export control or sanctions laws, or of the laws where you are. You confirm that you are not located in a country subject to a comprehensive U.S. embargo and are not on any U.S. government list of restricted parties.

27. Changes to these terms

We may update these Terms. The version and date at the top will change, and for material changes the app or our website will notify you. Changes apply from the date posted, but they do not apply to a dispute that arose before the change, and they do not reduce the license you already paid for in Section 6 or the refund window for a past purchase. If you do not agree to a change, stop using the Software; if that happens within 30 days of your purchase, you may ask for a refund. Continuing to use the Software after a change means you accept it.

28. General

These Terms, the in-app feature terms and the Sound Pack License are the entire agreement between you and aPOP about the Software, and they replace any earlier agreement on the subject. If any provision is found unenforceable, it will be enforced to the maximum extent allowed and the rest will remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of the business. Neither of us is liable for delays caused by events beyond reasonable control. You agree that we may send notices to you electronically, by email or in the app, and that electronic acceptance of these Terms is as binding as a signature. Headings are for convenience only, and "including" means "including without limitation". If you are a U.S. government end user, the Software is "commercial computer software" licensed only with the rights given here.

29. Contact

Derrick Duckworth d/b/a aPOP
Wilmington, North Carolina, USA
support@apopstore.com