AUDIOKINETIC - User Account Policy
Last Updated December 6, 2023.
Audiokinetic Inc. (“Audiokinetic”, “we” or “us”) has created this User Account Policy in order to provide you with the necessary information concerning the creation and use of an account on our website at WWW.AUDIOKINETIC.COM, WWW.AUDIOKINETIC.CN and other related domains (collectively the “Site”). By creating and using your account, you agree to be bound by this User Account Policy.
PLEASE REVIEW THIS USER ACCOUNT POLICY BEFORE CREATING AND USING YOUR ACCOUNT. IF YOU DO NOT AGREE WITH THIS USER ACCOUNT POLICY, YOU WILL NOT BE ABLE TO CREATE OR ACCESS A USER ACCOUNT. THE USE OF YOUR ACCOUNT AND THE TERMS OF THIS USER ACCOUNT POLICY ARE ALSO SUBJECT TO THE PRIVACY POLICY AND THE TERMS OF USE WHICH MAY ALSO BE FOUND ON OUR SITE. PLEASE REVIEW THE PRIVACY POLICY AND THE TERMS OF USE FOR ADDITIONAL DETAILS REGARDING YOUR ACCOUNT.
We may change this User Account Policy from time to time, at our sole discretion. Your continued use of your account following the posting of such changes will constitute your consent to all such changes. Please periodically revisit this User Account Policy to review the current version.
Defined Terms
To make this User Account Policy easier to read, we have defined the following terms:
- “AUDIOKINETIC Wwise Technology” means our proprietary audio and motion technologies;
- “License Agreement” means the terms and conditions on which we license our products and services;
- “License Key” means the key required to allow each Authorized User to download and use the AUDIOKINETIC Wwise Technology, which may not be disclosed to any other person or reproduced other than as required to unlock the relevant portions of the AUDIOKINETIC Wwise Technology for the relevant Project;
- “Organization” means a company, entity or academic institution that purchases or otherwise obtains our products and services on behalf of a group and not as an individual;
- “Project” means a product or project for which an AUDIOKINETIC Wwise Technology license or Strata subscription was purchased or obtained;
- “Strata” means our Strata™ product that provides access to a variety of sound collections in multitrack format; and
- “User Account” means an account on our Site designated to an individual user.
Capitalized terms used herein which are not defined have the meaning given to them in the Terms of Use.
Types of Account
There are two types of accounts which can be created on our Site.
Individual User Account
You will need to create an individual User Account in order to use and access most of our products and services. The creation of a User Account on Audiokinetic’s Site will allow you to do the following:
- access a Project or an Organization Account;
- access Audiokinetic products and services, such as the AUDIOKINETIC Wwise Technology and Strata;
- modify your profile information and settings;
- purchase AUDIOKINETIC products and services, such as licenses to AUDIOKINETIC Wwise Technology and Strata subscriptions;
- access the Wwise Certification Documentation and take the Wwise Certification Course;
- if you obtain a Wwise End User Certification, register with the Audiokinetic Creators’ Directory;
- access certain portions of the Site;
- access messaging functions offered by the Site;
- receive certain marketing communications, such as newsletters and event invitations; and
- receive certain publications, including documentation from Audiokinetic.
A User Account must be created using real names and other requested information must be true and accurate. Each User Account is tied to your email and your password, which may be changed through your profile settings without affecting your access. You may not allow any person to access your User Account using your address and password. If you learn of any such unauthorized access, you must inform Audiokinetic immediately. You will be responsible for any unauthorized access resulting from your disclosure of your password to another person.
If you are part of an Organization, you will need to be further designated as an Authorized User in order to access Strata and AUDIOKINETIC Wwise Technology. In the context of one or more roles (detailed below) can also be attributed to you by other members of your Organization. If you are designated to play any of these roles, you agree to fulfill the functions and abide by the responsibilities of such role as described below.
As a student enrolled in an eligible course, you need to create a User Account and make a request via our Site to link your User Account with a specific course as an Authorized User.
The Course Leaders provide access to their students by approving their requests. The License Key will be accessible in the students’ User Account following the Course Leader’s approval.
Organization Accounts
A user who has the role of Account Administrator may create an account for an Organization. Each Organization has associated “Project”.
Projects
Each time you or your Organization begins a Project, you must create a specific Project , unless it was already created by the team at Audiokinetic. Each Project will provide you with access to various information for the relevant Project, namely: (i) the Project Leader, (ii) the members of your Organization who have access to the Project, (iii) the Expiration Date for the Project, (iv) the status of your purchases or other licenses from Audiokinetic in connection with the Project (maintenance, plug-ins, etc.) and (v) all support tickets issued by the Project team.
Project Expiration Date: Each Project has an “Expiration Date” that can be modified over time, and appears in your Project. Once a Project has reached its Expiration Date, you will continue to have access to your Project but you may no longer modify the information in the Project without our consent, and your access to the AUDIOKINETIC Wwise Technology will revert to trial mode.
If your Project uses Strata, you will no longer have access to Strata beyond your Project’s Expiration Date. You will be informed of the upcoming expiration date through the AUDIOKINETIC Wwise Technology sixty (60) days before the Expiration Date.
If your Project has been opened in connection with the grant of an Evaluation License for the AUDIOKINETIC Wwise Technology only, the expiration date for your Project will be the date which is 60 days (or longer at Audiokinetic’s discretion) from your download of the evaluation version of the AUDIOKINETIC Wwise Technology.
If you believe the production of the Project will go beyond its Expiration Date, you may contact Sales at any time to request an extension.
Terms specific to Projects for students: Each time students in a course begin a Project, they must register and create a specific Project associated with a course. The Expiration Date for your Project will be the earlier of July 31st of each year or the course Expiration Date. If as Authorized Users, you wish to extend such access, please ask your Project Leader to contact the Education team.
License Keys: Each Project contains the License Key required to allow each Project team member to download and use the AUDIOKINETIC Wwise Technology. The License Key can unlock the AUDIOKINETIC Wwise Technology with one or several platforms and plug-ins, to the extent provided under the relevant License Agreement. If you want to extend the use of the AUDIOKINETIC Wwise Technology to other platforms or purchase additional plug-ins, you need to contact Sales. For student or academic institutions, each course provides the Authorized Users with License Keys that will expire on the Expiration Date of the course.
You do not need a License Key to access to Strata. Strata will be available in the Subscription section of your account. Your access to Strata ends after the Expiration Date, after which you may no longer access, use or synchronize any Strata content.
Types of Roles
If you are a part of an Organization, you can have various roles.
| Role | Role to be attributed by | Functions and Responsibilities |
|---|---|---|
| Account Administrator | - |
|
| Buyer |
|
|
| Signatory |
|
|
| Project Leader |
|
|
| Authorized User |
|
|
If you are an individual user, your account is by default an Authorized User account.
Revoking Access
We reserve the right to revoke at any time the privilege granted to a User Account if we believe that the privileges associated with a User Account are exercised in violation of this User Account Policy or any other document by which a user is bound or if the User Account is used in bad faith. We reserve the discretion to grant and revoke access to Project or Organization Accounts.
Confidentiality
Except as explicitly indicated, you agree that all information made available by Audiokinetic through your User Account and any Project or Organization Account is non-public information proprietary to Audiokinetic and/or its licensees and partners. You agree to maintain this information confidential and to use such information only in connection with your use of Audiokinetic products and services in accordance with the applicable agreements.
Disclaimers
UNDER NO CIRCUMSTANCES SHALL AUDIOKINETIC OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR LOSS OF USE DAMAGES OR LOST PROFITS (AND WHETHER SUCH LOSS OF PROFITS IS DIRECT OR INDIRECT)) ARISING OUT OF OR CONNECTED WITH THE ACCOUNT (INCLUDING BUT NOT LIMITED TO ITS OPERATION, OR THE USE OR INABILITY TO USE THE ACCOUNT, OR THE USE OR INABILITY TO USE ANY OTHER TECHNOLOGY LINKED TO THE ACCOUNT, OR ANY CONTENT CONTAINED IN ANY SUCH ACCOUNT, THIS USER ACCOUNT POLICY, THE TERMS OF USE, OR THE PRIVACY POLICY APPLICABLE TO THIS USER ACCOUNT POLICY) EVEN IF AUDIOKINETIC OR ITS SUPPLIERS OR LICENSORS HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RESPECTIVE LIABILITY OF AUDIOKINETIC, AND ITS SUPPLIERS AND LICENSORS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW OR THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS LOWER.
You agree to indemnify and hold harmless Audiokinetic, and its licensors, suppliers, officers, directors, employees, and agents (collectively “Indemnified Parties”) from and against any and all liability, loss, claim, damages, expense, or cost (including but not limited to attorneys’ fees), incurred by or made against the Indemnified Parties in connection with any claim arising from or related to your use of your account, the placement, posting or transmission of any messages, information, software, content or other materials on or through your account by you or users of your account, or any breach or violation of this User Account Policy by you or users of your account. You agree to fully cooperate as reasonably required by an Indemnified Party(ies).
Last Updated December 6, 2023.