Silent Stream – Terms of Use

Effective Date: November 4, 2025 Revision: 1

1. Acceptance of Terms By downloading, installing, accessing, or using the Silent Stream mobile application (the “App”), you agree to be bound by these Terms of Use (“Terms”). This is a binding legal agreement between you, the end user (“you” or “User”), and Silent Stream (“Company,” “we,” “us,” or “our”).

If you do not agree to these Terms, do not install, access, or use the App.

2. Privacy Policy Your use of the App is also governed by our Privacy Policy, which is incorporated herein by reference. By agreeing to these Terms, you also agree to the terms of the Privacy Policy.

3. Eligibility You must be at least 18 years of age to use this App. By using the App, you represent and warrant that you are 18 or older and have the legal capacity to enter into this binding Agreement.

4. Description of Service The App enables users to listen to live audio streams from participating venues over a secure, local Wi-Fi network provided by that venue.

• Local Broadcast Only: Audio is streamed locally on the venue's premises and is not transmitted over the public internet.
• Live Only: The App provides real-time streaming only. Pausing, rewinding, recording, or replaying audio is not supported and is strictly prohibited.
• Venue-Dependent: The App’s functionality is entirely dependent on your connection to an authorized Silent Stream Wi-Fi network (e.g., "Silent Stream 2.4G" or "Silent Stream 5G") at a participating venue.
• Venue Rules: While using the App, you agree to comply with all posted rules of the participating venue and any instructions from venue staff.

5. License Grant and Updates Subject to your compliance with these Terms, Silent Stream grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to install and use one copy of the App on a personal device that you own or control, solely for your own personal, non-commercial purposes. All rights not expressly granted to you in these Terms are reserved by Silent Stream.

We may develop and provide updates to the App (e.g., patches, bug fixes, or new versions). These updates may be installed automatically or may require you to install them to continue using the App. You agree that your continued use of the App is contingent on installing such updates.

6. Accounts and Authentication Access to the App requires sign-in via Firebase Authentication using Google Sign-In or Apple Sign-In. As described in our Privacy Policy, we collect and store only your email address and Firebase UID for account operation. You are responsible for maintaining the confidentiality of your account.

7. Prohibited Conduct Your license to use the App is conditional on your compliance with the following rules. You agree that you will not:

• Record, copy, capture, reproduce, rebroadcast, retransmit, or distribute any audio or content received through the App.
• Use the App for any commercial purpose or for any public performance.
• Reverse engineer, decompile, disassemble, modify, or create derivative works of the App.
• Interfere with, disrupt, or gain unauthorized access to any network, server, or system, including any Silent Stream Wi-Fi network.
• Use the App in violation of any applicable law, regulation, broadcast license, or copyright.
• Use any bot, script, or automated tool to access or interact with the App.

Any violation of these rules may result in the immediate suspension or termination of your account and license.

8. Venue and Broadcast Rights You acknowledge that Silent Stream is a technology provider. We do not select, host, control, or store the underlying audio content streamed by a venue. Participating venues are solely responsible for ensuring they have the proper broadcast and copyright licenses for any content they stream.

9. Intellectual Property and Feedback All software, trademarks, service marks, logos, and content related to the App (“Company IP”) are the exclusive property of Silent Stream or its licensors and are protected by applicable intellectual-property laws.

If you provide us with any ideas, suggestions, or other feedback regarding the App, you grant Silent Stream a perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable right and license to use, implement, and exploit that feedback for any purpose, without any compensation or attribution to you.

10. Open Source Components The App may include components (e.g., libraries) that are subject to open-source licenses. To the extent there is a conflict between these Terms and an open-source license, the open-source license will control only with respect to that specific component.

11. Third-Party App Store Terms You acknowledge and agree that the availability of the App is dependent on the third-party platform from which you received the App license, e.g., the Apple App Store or Google Play Store (“App Store”).

• These Terms are between you and Silent Stream, not with the App Store provider.
• As between Silent Stream and the App Store provider, Silent Stream is solely responsible for: (i) the App; (ii) providing maintenance and support; (iii) any product warranties to the extent not validly disclaimed; (iv) addressing any product claims; and (v) investigating or defending any claims that the App infringes a third party’s intellectual property rights.
• Your use of the App must also comply with the App Store’s then-current Terms of Service.
• You acknowledge that Apple Inc., Google LLC, and their subsidiaries, are third-party beneficiaries of this Agreement and, upon your acceptance, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof.

12. Termination Silent Stream reserves the right to suspend or terminate your access to the App at any time, with or without cause or notice, for any reason, including any violation of these Terms. Upon termination, your license to use the App ceases.

13. DISCLAIMER OF WARRANTIES THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, SILENT STREAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. USE OF THE APP IS AT YOUR OWN SOLE RISK.

14. LIMITATION OF LIABILITY & VOLUME DISCLAIMER a. Volume and Hearing Disclaimer: The App is intended for personal listening using wired or wireless headphones. Audio levels from venue streams may fluctuate. You are solely and entirely responsible for maintaining a safe listening volume. Using the App without headphones (e.g., via your device's external speaker) is not the intended use and may disturb others. Silent Stream expressly disclaims all liability for any hearing damage, discomfort, or device malfunction (including to headphones or mobile devices) arising from audio playback.

b. Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, SILENT STREAM AND ITS OWNERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO: i. YOUR USE OR INABILITY TO USE THE APP; ii. ANY MISUSE OF THE APP, INCLUDING ATTEMPTS TO RECORD OR REBROADCAST AUDIO; iii. ANY VENUE NETWORK FAILURE, WI-FI OUTAGE, OR STREAM INTERRUPTION; iv. THE AUDIO CONTENT ITSELF OR ANY VOLUME-RELATED ISSUES.

c. Monetary Cap on Liability: IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF SILENT STREAM FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF: (A) THE AMOUNT, IF ANY, YOU HAVE PAID TO SILENT STREAM; OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

d. Sole Remedy: YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APP IS TO DISCONTINUE ITS USE.

15. Indemnification You agree to indemnify, defend, and hold harmless Silent Stream from any claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to your violation of these Terms or your misuse of the App.

16. Copyright Policy (DMCA) Silent Stream respects the intellectual property rights of others and accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials.

• (a) Notification of Infringement: If you are a copyright owner and believe that any content streamed through the App infringes upon your copyrights, you may submit a written notification to our Designated Copyright Agent. To be effective, the notification must include:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright.
2. Identification of the copyrighted work claimed to have been infringed.
3. Sufficient information to identify the allegedly infringing stream, including the location (name and address of the establishment) and the approximate date and time the stream was accessed.
4. Your contact information, including address, telephone number, and email address.
5. A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright.

• (b) Designated Copyright Agent: Notices of claimed infringement should be directed to:
  Silent Stream DMCA Agent 3751 Jewell Street, San Diego CA 92109 Email: copyright@silent-stream.com
  (Our Designated Agent information is also on file with the U.S. Copyright Office directory.)
• (c) Repeat Infringers: It is our policy, in appropriate circumstances, to take action against any party determined to be a repeat infringer of copyright.

17. Governing Law These Terms will be governed by the laws of the State of California, without regard to its conflict-of-law principles.

18. Dispute Resolution by Binding Arbitration PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

This provision is governed by the Federal Arbitration Act (FAA).

• a. Informal Resolution: Before filing a claim, you agree to first contact us at admin@silent-stream.com and attempt to resolve the dispute informally for at least thirty (30) days.
• b. Binding Arbitration: If the dispute is not resolved informally, you and Silent Stream agree that any claim or dispute arising out of or relating to these Terms or the App shall be resolved exclusively by final and binding arbitration, administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules.
• c. CLASS ACTION AND JURY TRIAL WAIVER: YOU AND SILENT STREAM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. BY AGREEING TO THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. If the class-action waiver in this Section 18(c) is found to be unenforceable as to any claim, then this entire arbitration provision (Section 18) shall be null and void as to that claim.
• d. Location: The arbitration will be conducted in San Diego County, California.
• e. 30-Day Opt-Out: You may opt-out of this arbitration provision by sending written notice to admin@silent-stream.com within thirty (30) days of first accepting these Terms.
• f. Exceptions to Arbitration: Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; or (ii) seek temporary or preliminary injunctive relief in a court of law to protect its intellectual property rights or to maintain the status quo pending arbitration.

19. Revisions to Terms Silent Stream may revise these Terms at any time. We will post updated versions within the App or on our website. If we make a material change to these Terms, we will provide you with in-app notice and may require you to re-accept the updated Terms before continued use. Your continued use of the App after any non-material update constitutes your acceptance.

20. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between Silent Stream and you regarding the App.
• Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may freely assign or transfer these Terms without restriction in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
• Severability: If any provision of these Terms is held to be invalid, the remaining provisions will remain in full force and effect.
• Force Majeure: We will not be liable for any delay or failure to perform due to causes beyond our reasonable control, including acts of God, network or internet failures, power outages, labor disputes, or acts of government.
• Survival: Sections 9 (Intellectual Property & Feedback), 13 (Disclaimer of Warranties), 14 (Limitation of Liability), 15 (Indemnification), 18 (Dispute Resolution), and this Section 20 (General Provisions) shall survive any termination or expiration of these Terms.
• U.S. Use: The App is intended for use in the United States. If you access it from another jurisdiction, you do so at your own risk and are responsible for compliance with local law. You represent that you are not located in an embargoed country or on any U.S. restricted party list.

21. Contact Information Questions about these Terms may be directed to: Silent Stream 3751 Jewell Street, San Diego CA 92109 📧 admin@silent-stream.com