License & Disclaimer

This End User License Agreement (“Agreement”) is between you and Bitvellum (“Bitvellum,” “we,” or “us”) and governs your use of the BitMatch software for macOS, including any updates, documentation, and related materials (together, the “Software”).

By downloading, installing, or using the Software you agree to this Agreement. If you do not agree, do not download, install, or use the Software.

1. License

Subject to this Agreement, Bitvellum grants you a personal, non-exclusive, non-transferable, revocable license to install and use the Software on Mac computers that you own or control, for your own personal or internal use.

2. Restrictions

You may not, and may not permit anyone else to:

• sell, rent, lease, sublicense, redistribute, or otherwise make the Software available to third parties, including by hosting the download file elsewhere;
• modify, translate, or create derivative works of the Software;
• reverse engineer, decompile, or disassemble the Software, except to the extent that applicable law expressly permits this despite this limitation;
• remove or alter any proprietary notices, or use Bitvellum’s or Apple’s trademarks without permission;
• use the Software in any way that violates applicable law.

3. What the Software does to your system

You acknowledge and agree that, when you enable the relevant features, the Software will:

• change the sample rate and bit depth of your Mac’s selected audio output device (the same settings shown in Apple’s Audio MIDI Setup), automatically and without asking each time;
• read entries written by the Music app to the macOS unified system log in order to detect the current track’s format;
• capture your Mac’s audio output (never the microphone) in memory to draw a live spectrum display, using the macOS “System Audio Recording” permission;
• send pause, play, and position commands to the Music app if you enable “Pause Music while switching.”

These changes are made at your direction by installing and enabling the Software. You are responsible for deciding whether they are appropriate for your equipment and for restoring settings you do not want, which you can do at any time in Audio MIDI Setup.

4. Audio equipment and hearing

Changing an audio device’s sample rate can cause some DACs, interfaces, receivers, and speakers to produce an audible click, pop, or brief silence, and some devices may drop or re-establish their connection. Behaviour varies between manufacturers and firmware and is outside Bitvellum’s control. Keep listening volumes moderate, especially with headphones and while first evaluating the Software, and consult your equipment manufacturer if you are unsure how your device handles sample-rate changes. Bitvellum is not responsible for damage to audio equipment, speakers, headphones, or hearing arising from use of the Software.

5. Compatibility

The Software is designed for the versions of macOS, Mac hardware, and the Music app stated on the download page. Bitvellum does not guarantee compatibility with any particular audio device, macOS release, Music update, or other software, and features that depend on undocumented behaviour of macOS or the Music app (including track-format detection) may stop working after an Apple update without notice.

6. Privacy

The Software contains no networking code and does not collect or transmit any information. Our Privacy Policy describes this in more detail and also covers the bitvellum.com website.

7. Updates and support

Bitvellum may, but is not obliged to, provide updates, bug fixes, or support. Updates may change or remove features. Any update is covered by this Agreement unless it comes with different terms.

8. Purchases and refunds

If you paid for the Software, the purchase is processed by the storefront named at the point of sale and is subject to that storefront’s terms. If the Software does not work on your system, contact us within 14 days of purchase at hello@bitvellum.com and we will help you troubleshoot or arrange a refund. Nothing in this section limits any non-waivable rights you have under the consumer laws of your country.

9. Disclaimer of warranties

The Software is provided “as is” and “as available,” with all faults and without warranty of any kind. To the maximum extent permitted by applicable law, Bitvellum disclaims all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Software will be error-free, uninterrupted, or compatible with your hardware or software. No oral or written information given by Bitvellum creates a warranty.

10. Limitation of liability

To the maximum extent permitted by applicable law, in no event will Bitvellum or its owners be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, loss of use, damage to hardware or audio equipment, or hearing injury, arising out of or related to the Software or this Agreement, however caused and under any theory of liability, even if advised of the possibility of such damages. Bitvellum’s total liability for all claims relating to the Software will not exceed the amount you paid for the Software, or ten US dollars (US$10) if you paid nothing.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so parts of sections 9 and 10 may not apply to you. In those jurisdictions Bitvellum’s liability is limited to the greatest extent permitted by law.

11. Termination

This Agreement is effective until terminated. It terminates automatically if you breach any of its terms. You may terminate it at any time by deleting the Software. On termination you must stop using the Software and delete all copies. Sections 4, 9, 10, 12, and 13 survive termination.

12. Apple and third parties

BitMatch is an independent product of Bitvellum and is not affiliated with, endorsed by, or sponsored by Apple Inc. Apple, Mac, macOS, Apple Music, and Audio MIDI Setup are trademarks of Apple Inc., registered in the U.S. and other countries. The Software is not distributed through the Mac App Store, and Apple has no obligation to provide support for it. Your use of Apple Music is governed by Apple’s own terms.

13. General

This Agreement is the entire agreement between you and Bitvellum regarding the Software and supersedes any prior agreements. If any provision is held unenforceable, the rest remains in effect. Bitvellum may update this Agreement for future versions of the Software; the version that applies to you is the one in effect when you obtained the copy you are using. This Agreement is governed by the laws of the jurisdiction in which Bitvellum is established, without regard to conflict-of-laws rules, and any dispute will be brought in the courts of that jurisdiction, except where the consumer-protection law of your country of residence requires otherwise.

Contact

Questions about this Agreement? Email hello@bitvellum.com.