HotMic.

HotMic End User License Agreement

Draft — not yet reviewed by counsel. This agreement has not been reviewed by a lawyer and its bracketed placeholders have not been filled in. It will be finalized before HotMic goes on sale.

Version 1.0 — [DATE]

This End User License Agreement ("Agreement") is a legal agreement between you ("you") and Duck Duck Grey Duck LLC, a Wyoming limited liability company, 30 N Gould St, Ste N, Sheridan, WY 82801, United States ("Licensor", "we") governing your use of the HotMic software, including its companion browser extension and helper components, and any updates to them (together, the "Software").

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

Purchases are processed by Paddle.com Market Ltd or Paddle.com Inc. ("Paddle") as merchant of record. Your purchase is additionally subject to Paddle's terms; refunds are handled through Paddle.

1. License grant

1.1 Paid license. Upon payment, Licensor grants you a personal, worldwide, non-exclusive, non-transferable, perpetual license to install and use the Software, in accordance with this Agreement, on Apple Mac computers that you personally own or control. A single license is for one person. Team licenses cover the number of persons ("seats") stated at purchase.

1.2 Trial and free tier. Before purchase you may use the full Software free for a trial period (currently 14 days, counted from the first time another app uses your Mac's microphone while the Software is running, not counting apps the Software leaves alone, such as FaceTime, or the Software's own setup test). After the trial, the Software continues to operate with a reduced feature set (the "free tier") until a license is purchased. Licensor may change the scope of the trial and free tier for future versions.

1.3 Updates. The license includes those updates Licensor chooses to make available for your purchased version. Licensor may designate a future release as a new major version requiring a separate purchase or an update pass; whether a release is included may be determined by the issue date encoded in your license key.

1.4 Reservation. The Software is licensed, not sold. Licensor retains all rights not expressly granted. Third-party components included with the Software, such as Sparkle and KeyboardShortcuts, are subject to their own open-source licenses, which govern those components.

2. Restrictions

You may not, except to the extent a restriction is prohibited by applicable law: (a) copy (other than reasonable backups), distribute, rent, lease, lend, sell, sublicense, or make the Software available to third parties; (b) reverse engineer, decompile, or disassemble the Software, except to the extent expressly permitted by applicable law notwithstanding this limitation; (c) circumvent or attempt to circumvent license enforcement, trial limits, or feature gating; (d) share one personal license key among multiple persons; or (e) use the Software in violation of applicable law, including laws governing the recording or interception of communications.

3. How the Software works; your responsibilities

3.1 The Software controls microphone mute state through your Mac's audio system (including by muting your Mac's input devices), through a browser extension that operates the mute control of Google Meet or Microsoft Teams in a supported Chromium-based browser, and through a virtual call-control headset ("HotMic Headset") that compatible meeting apps can pair with. If you turn it on, the Software also pauses the Music app or Spotify during meetings and may resume it afterwards. These third-party systems are not controlled by Licensor and change without notice. In some modes, such as Stealth Mute and device-level mute, the meeting app may still show you as unmuted while the Software silences your microphone; both modes also silence your microphone in other apps.

3.2 You remain responsible for what your microphone transmits. The Software is a convenience layer, not a guarantee. See Sections 5 and 7.

4. Privacy

The Software processes microphone audio locally on your Mac solely to enable mute control and related indicators; audio is not recorded, stored, or transmitted off your device by the Software. If you allow automatic update checks (the Software asks first) or choose Check for Updates, the Software contacts Licensor's update server, which receives standard technical information (such as your IP address and the app version). License activation is verified locally. For details see the HotMic Privacy Policy at https://usehotmic.com/privacy.html, which is incorporated into this Agreement.

5. IMPORTANT — NO GUARANTEE OF MUTE STATE

5.1 YOU ACKNOWLEDGE THAT MICROPHONE MUTE STATE DEPENDS ON HARDWARE, OPERATING SYSTEM BEHAVIOR, BLUETOOTH CONNECTIVITY, BROWSERS, AND THIRD-PARTY MEETING SERVICES THAT MAY CHANGE OR FAIL AT ANY TIME. THE SOFTWARE MAY REPORT A MUTE STATE THAT DOES NOT MATCH THE ACTUAL STATE OF A MICROPHONE OR MEETING APPLICATION, MAY FAIL TO MUTE OR UNMUTE, OR MAY CEASE FUNCTIONING MID-CALL.

5.2 DO NOT RELY ON THE SOFTWARE AS YOUR SOLE MEANS OF PREVENTING AUDIO FROM BEING HEARD OR TRANSMITTED. FOR ANY SITUATION WHERE BEING OVERHEARD WOULD CAUSE HARM, VERIFY MUTE STATE IN THE MEETING APPLICATION ITSELF, USE ITS OWN CONTROLS, OR DISCONNECT YOUR MICROPHONE.

5.3 TO THE MAXIMUM EXTENT PERMITTED BY LAW, LICENSOR IS NOT LIABLE FOR ANY DISCLOSURE, TRANSMISSION, RECORDING, OR INTERCEPTION OF AUDIO, OR FOR ANY CONSEQUENCES OF A MUTE STATE BEING DIFFERENT FROM WHAT WAS DISPLAYED.

6. WARRANTY DISCLAIMER

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. LICENSOR DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPATIBLE WITH ANY THIRD-PARTY SERVICE, BROWSER, DEVICE, OR FUTURE VERSION OF MACOS.

7. LIMITATION OF LIABILITY

7.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, REPUTATION, EMPLOYMENT, DATA, OR PRIVACY, ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.2 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, LICENSOR'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR, IF YOU PAID NOTHING, TEN US DOLLARS (USD 10).

7.3 Exceptions. Nothing in this Agreement excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for intent or gross negligence, or for any other liability that cannot be excluded or limited under applicable law.

7.4 Consumer rights. If you are a consumer, you may have statutory rights under the laws of your country of residence (including under EU/EEA and UK consumer law) that cannot be waived by contract. This Agreement does not affect those rights, and where this Agreement conflicts with them, they prevail.

8. Term and termination

This Agreement is effective until terminated. It terminates automatically if you materially breach it and, where the breach is curable, fail to cure it within 14 days of notice. Upon termination you must stop using the Software and delete all copies; Sections 4–7 and 9–11 survive. Your paid license otherwise remains valid for the version(s) it covers.

9. Third parties; trademarks

The Software is not affiliated with, endorsed by, or sponsored by Apple Inc., Google LLC, Microsoft Corporation, Spotify AB, or any meeting-service provider. AirPods, Apple Music and macOS are trademarks of Apple Inc.; Google Meet and Chrome are trademarks of Google LLC; Microsoft Teams is a trademark of Microsoft Corporation; Spotify is a trademark of Spotify AB. All trademarks are the property of their respective owners. This Agreement is between you and Licensor only; no third party (other than as stated in Section 7.4) has rights under it.

10. Export and sanctions

You may not use or export the Software in violation of applicable export control or sanctions laws.

11. General

11.1 Governing law and venue. This Agreement is governed by the laws of [JURISDICTION], excluding its conflict-of-law rules, and excluding the UN Convention on Contracts for the International Sale of Goods. Courts of [VENUE] have exclusive jurisdiction, except that if you are a consumer you may also rely on the courts and mandatory law of your country of residence.

11.2 Changes. Licensor may update this Agreement for future versions of the Software; the version accompanying the Software you installed governs that copy. Material changes will be indicated by an updated version number and date above.

11.3 Entire agreement; severability; waiver. This Agreement (with the Privacy Policy) is the entire agreement regarding the Software and supersedes prior discussions. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the remainder remains in effect. Failure to enforce a provision is not a waiver.

11.4 Assignment. You may not assign this Agreement. Licensor may assign it in connection with a merger, acquisition, corporate reorganization, or sale of assets.

Contact: support@usehotmic.com