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Liability Waiver

This is the public, versioned copy provided with Vocal Light.

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Vocal Light Liability Waiver, Assumption of Risk, Release, and Covenant Not to Sue

Effective date: September 5, 2026 Last updated: September 5, 2026 Version: liability-waiver-2026-09-05-v19

THIS IS A LEGALLY BINDING AGREEMENT. IT AFFECTS IMPORTANT LEGAL RIGHTS. IT INCLUDES AN ASSUMPTION OF RISK, A RELEASE OF CLAIMS BASED ON ORDINARY NEGLIGENCE TO THE EXTENT PERMITTED BY LAW, AND A COVENANT NOT TO SUE ON RELEASED CLAIMS. READ IT CAREFULLY.

Vocal Light is a business name used by Mark Marez. This Liability Waiver, Assumption of Risk, Release, and Covenant Not to Sue (“Waiver”) is a separate agreement between you and Mark Marez, the provider of the Vocal Light application (“Provider” or “Vocal Light”). If you do not understand or do not agree to this Waiver, do not accept it and do not use the Vocal Light application (the “App”).

1. Adults only; voluntary participation

You represent and warrant that:

  • You are at least 18 years old;
  • You have the legal capacity to enter this Waiver;
  • You are located in the United States; and
  • Your decision to use the App is voluntary.

The App is not offered to minors. No parent, guardian, coach, teacher, or other person may accept this Waiver for a minor.

You may use the App without performing any particular note, exercise, range test, repetition, breath pattern, or playback activity. You choose whether and how to participate and may stop at any time.

If you do not agree, close the App without accepting. Information about requesting an App Store refund is in the Terms of Use. Apple determines eligibility under its policies and applicable law.

2. Defined parties and claims

“Released Parties” means the Provider and each employee, independent contractor, agent, representative, licensor, supplier, successor, or permitted assign acting on the Provider’s behalf in connection with the App. Apple is not included in this definition; your relationship with Apple is governed by Apple’s applicable terms.

“Released Claims” means claims, demands, causes of action, damages, losses, liabilities, costs, or expenses arising out of or relating to your use, misuse, reliance on, or inability to use the App, but only to the extent those claims:

  1. Arise from the risks described in this Waiver; or
  2. Allege ordinary negligence by a Released Party in designing, developing, testing, providing, maintaining, or warning about the App.

“Ordinary negligence” means a failure to use reasonable care. Released Claims do not include the claims and liabilities identified in Section 9.

3. Nature and limits of the App

Vocal Light is a music-practice tool for pitch feedback, range exploration, and reference sounds. It estimates pitch, cents, timing, vocal range, note shapes, chords, and related practice information and can generate reference audio. Live pitch detection in the public App is designed for one unaccompanied voice and may be disrupted by instruments, recorded music, nearby speech, room noise, or App-generated playback.

With voice-and-range processing consent, moving the voice-category slider immediately changes and stores an approximate practice range. Setting a manual or analyzer-derived range also changes the register used for generated reference notes and chords. The range analyzer only confirms that its software detected repeated pitches; it cannot determine whether a pitch was comfortable, healthy, intentional, correctly identified, or appropriate for you.

The App is not medical care, diagnosis, treatment, monitoring, rehabilitation, injury prevention, voice therapy, audiology, emergency assistance, or a professional vocal evaluation. It does not determine whether singing, a note, a range, an exercise, a duration, a technique, a breathing method, or an audio level is safe or appropriate for you.

No App output, preset, warning, limiter, route check, volume display, or exit behavior guarantees safety or replaces your judgment and appropriate professional advice.

4. Specific risks you acknowledge

You understand that singing, range exploration, repetition, sustained phonation, breath activity, listening to generated audio, and interacting with a mobile device involve risks. Risks include, without limitation:

Voice and physical risks

  • Vocal fatigue, dryness, discomfort, strain, inflammation, hoarseness, loss of voice, reduced range, temporary or lasting voice change, or other vocal injury;
  • Aggravation or discovery of an existing or unknown medical, respiratory, neurological, hearing, or voice condition;
  • Dizziness, lightheadedness, shortness of breath, faintness, headache, muscular tension, anxiety, or other symptoms;
  • Harm from forcing a high or low note, excessive loudness, poor technique, inadequate rest, excessive duration or repetition, or practice while ill, tired, hoarse, strained, or in pain;
  • Harm from repeatedly attempting a note to obtain App confirmation, treating an analyzer prompt as an instruction to continue, or mistaking a software-detected boundary for a safe physiological limit; and
  • Delay in seeking appropriate professional care because App feedback appeared reassuring, normal, or accurate.

Hearing and playback risks

  • Ear pain, acoustic shock, ringing in the ears, tinnitus, temporary threshold shift, or temporary or permanent hearing loss;
  • Unexpected, excessive, distorted, compressed, limited, clipped, or startling playback caused by device media volume, Vocal Light’s bounded internal playback processing or App-local volume control, headphones, speaker sensitivity, an amplifier, route changes, reconnection, another app, operating-system behavior, interruption, latency, or hardware or software failure;
  • A volume percentage or control position that does not correspond to actual sound pressure at the ear;
  • Failure, delay, or inaccuracy in route detection, route blocking, limiting, muting, stopping, or audio-session deactivation; and
  • Another app playing at the shared device media-volume setting after you switch away from Vocal Light.

Accuracy and reliance risks

  • Incorrect, delayed, incomplete, unstable, or stale pitch, cents, note, octave, range, timing, confidence, chord, or visual feedback;
  • Failure to detect a valid note or misidentification of an instrument, recorded music, nearby speech, room noise, speaker bleed, breath noise, or an overtone as your voice;
  • An incorrect comfortable-range boundary caused by an octave error, unstable detection, unintended note, or user selection, followed by generated reference notes or chords in an unexpected register;
  • Inappropriate practice decisions based on inaccurate feedback; and
  • Differences caused by microphone quality, room acoustics, clipping, background sound, vocal tone, vibrato, device processing, or algorithmic limits.

Environmental and property risks

  • Distraction, collision, fall, loss of situational awareness, or other injury while viewing or hearing the App;
  • Disturbance or injury to another person or animal from sound;
  • Damage to headphones, speakers, amplifiers, hearing devices, a vehicle audio system, or other property; and
  • Data loss, device malfunction, or loss of use.

This list is not exhaustive. Risks may be known or unknown, obvious or hidden, foreseeable or unforeseeable, and may result from your conduct, another person, the environment, equipment, the App, or the ordinary negligence of a Released Party.

5. Your safety responsibilities

You accept sole responsibility for deciding whether, when, where, and how to use the App. You agree to:

  • Begin at the lowest practical device media volume and increase it slowly, if at all;
  • Independently check actual device, headphone, speaker, and equipment volume before playback, after any route change, and before switching apps;
  • Understand that the device media volume is shared with other apps and that no displayed percentage establishes a safe listening level;
  • Never rely on the App, a limiter, route detection, or exit behavior as hearing protection;
  • Use only comfortable notes, loudness, breathing, durations, and repetitions;
  • Never force your highest or lowest possible note;
  • Choose easy, repeatable low and high analyzer notes rather than absolute limits; never continue, repeat, or strain merely to make the App confirm a boundary;
  • Review the displayed low and high notes after every slider, manual, or analyzer change before sounding a reference note or chord, and start over or enter notes manually if a result looks wrong;
  • Avoid practice while hoarse, ill, unusually tired, strained, dizzy, short of breath, or in pain;
  • Stop immediately for pain, burning, strain, hearing discomfort, ringing in the ears, dizziness, shortness of breath, faintness, or unusual symptoms;
  • Seek appropriate qualified professional advice for persistent or concerning symptoms;
  • Keep the device and audio equipment away from another person or animal who has not agreed to the sound exposure; and
  • Never use the App while driving, operating machinery, crossing traffic, or doing anything that requires undivided attention.

The App’s safety-focused route restrictions are intended to reduce risk, not eliminate it. Headphones can cause hearing injury even when the App is operating as designed.

6. Knowing and voluntary assumption of risk

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU KNOWINGLY AND VOLUNTARILY ACCEPT AND ASSUME ALL RISKS DESCRIBED IN THIS WAIVER, INCLUDING RISKS THAT ARE KNOWN OR UNKNOWN, OBVIOUS OR HIDDEN, FORESEEABLE OR UNFORESEEABLE, AND RISKS CAUSED IN WHOLE OR IN PART BY YOUR CONDUCT, EQUIPMENT, THE ENVIRONMENT, APP LIMITATIONS, OR THE ORDINARY NEGLIGENCE OF A RELEASED PARTY.

You voluntarily use Vocal Light at your own risk for the risks described here, only to the extent permitted by applicable law. This does not waive the rights or liabilities preserved in Section 9. Your assumption of risk is a material condition of permission to use the App.

7. Release and waiver of Released Claims

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE, WAIVE, AND FOREVER DISCHARGE THE RELEASED PARTIES FROM RELEASED CLAIMS THAT YOU PERSONALLY POSSESS AND MAY LAWFULLY RELEASE, INCLUDING RELEASED CLAIMS FOR PERSONAL INJURY, VOICE INJURY, HEARING INJURY, PROPERTY DAMAGE, ECONOMIC LOSS, OR DEATH, EVEN WHEN A RELEASED CLAIM ALLEGES THAT THE ORDINARY NEGLIGENCE OF A RELEASED PARTY CAUSED OR CONTRIBUTED TO THE HARM.

This release is intended to be as broad as applicable law permits, but no broader. It applies only to Released Claims as defined in Section 2 and is subject to Section 9.

This Waiver does not bind another person or extinguish an independent claim that you lack legal authority to waive.

8. Covenant not to sue

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE NOT TO FILE, MAINTAIN, OR VOLUNTARILY PARTICIPATE AS A CLAIMANT IN A CIVIL ACTION AGAINST A RELEASED PARTY ON A RELEASED CLAIM.

If you file a Released Claim in breach of this covenant and a court finally determines that the claim was validly released, a Released Party may seek the remedies the law allows for breach of this covenant. This section does not require payment of a Released Party’s attorneys’ fees unless a court determines that applicable law and another valid legal basis authorize such an award.

This covenant does not restrict a claim listed in Section 9, a report or complaint to a government agency, cooperation with an investigation, or participation that the law does not permit you to waive.

9. Rights and liabilities not waived

Nothing in this Waiver releases, waives, excludes, or limits:

  • Gross negligence, recklessness, willful or wanton misconduct, intentional injury, or fraud;
  • A violation of a statutory duty enacted to protect public health or safety, or any other violation of law that California Civil Code section 1668 or other applicable law prohibits from being waived in advance;
  • A statutory consumer protection, warranty, remedy, or right that cannot lawfully be waived;
  • Strict product liability or another product-liability claim to the extent applicable law does not permit pre-injury waiver;
  • A right to report conduct to, communicate with, receive an award from, or participate in a proceeding before a government agency where that right cannot lawfully be restricted;
  • A claim arising from conduct outside the scope of a Released Party’s work in connection with the App; or
  • Any other liability that applicable law does not permit to be released, waived, excluded, or limited.

No language such as “all risks,” “any claim,” “at your own risk,” or “to the maximum extent permitted by law” expands this Waiver beyond lawful limits.

10. Warranty disclaimer and monetary limits

The warranty disclaimer and limitation-of-liability provisions in the Terms of Use are incorporated into this Waiver. The App is provided “as is” and “as available,” subject to non-waivable rights. For the eligible claims defined in Section 15 of the Terms, the aggregate cap is the greater of the amount you paid to acquire the App or fifty U.S. dollars. The cap does not apply to personal injury, death, physical property damage, or any Excluded Claim defined in the Terms. It is not a promise that the Waiver or any limitation will be enforceable.

Those provisions do not apply to a liability or remedy that Section 9 or applicable law makes non-waivable.

11. Governing law; no mandatory arbitration

California law governs this Waiver, without regard to conflict-of-law rules, except that non-waivable law of your state of residence applies where required.

Any dispute may be brought in a court that has personal and subject-matter jurisdiction. This Waiver does not require mandatory arbitration and does not waive any right that applicable law makes non-waivable.

12. Severability and limited reformation

Each provision of this Waiver is intended to be independent. If a court determines that a provision is unlawful or unenforceable, the court should enforce it to the maximum lawful extent and leave the remaining provisions in effect, unless doing so would materially defeat the parties’ bargain.

A court may narrow an overbroad provision only to the extent applicable law permits. This severability clause does not authorize enforcement of a release that public policy makes entirely unenforceable.

13. Electronic assent and acceptance record

You agree that selecting this Waiver’s separate unchecked box and tapping Accept & Continue is your electronic signature and acceptance of this Waiver. A document link makes the full agreement available before acceptance. The checkbox acknowledges that singing and audio playback involve risks and that you agree to the Waiver. The agreement itself describes the ordinary-negligence release and covenant not to sue, subject to the exceptions above. Separate controls address the Terms and Voice and Playback Safety Notice.

The App stores a device-local acceptance event and retains prior events when renewed assent is required. This local acceptance history may include:

  • The Waiver, Terms, safety-notice, privacy-notice, and consumer-health-privacy-notice version identifiers;
  • Cryptographic hashes of the exact bundled documents;
  • The date and time of acceptance;
  • Your device locale;
  • The App version and build;
  • The acceptance-screen identifier and version; and
  • Your affirmative confirmations that you are at least 18, located in the United States, legally able to agree, accepted the Terms, separately accepted the Waiver, and acknowledged the Voice and Playback Safety Notice.

Voice-and-range processing has its own optional, unchecked consent box and linked privacy notice. Its record distinguishes the welcome-screen presentation from the fuller Legal & Privacy presentation. Processing consent may be withdrawn or deleted without withdrawing this Waiver or the Terms.

Vocal Light does not receive this history from the current local-only build. Deleting the App removes it. You understand that the absence or deletion of a local event does not retroactively withdraw an agreement already made.

After acceptance, Legal & Privacy provides a shareable device-generated receipt containing the locally recorded agreement versions, hashes, acceptance date, App version/build, acceptance-screen version, and affirmation identifiers. The receipt contains no microphone audio, pitch samples, or vocal-range values. The document reader also provides a share control for the current agreement text.

14. Your acknowledgment

By accepting, you acknowledge and agree that:

  1. Conspicuous links made the Terms, this Waiver, and the Voice and Playback Safety Notice available, and you had a reasonable opportunity to review them before accepting;
  2. The links and assent controls were presented conspicuously;
  3. You understand this Waiver affects legal rights and expressly addresses ordinary negligence;
  4. No one promised that the App, singing, range exploration, or audio playback would be safe;
  5. You are not relying on an oral statement that conflicts with this Waiver;
  6. You accept this Waiver voluntarily and may decline by not using the App; and
  7. Permission to use the App is sufficient consideration for this Waiver.

15. Entire waiver; changes

This Waiver, together with the Terms, is the complete agreement concerning assumption and allocation of the risks addressed here. A material change will receive a new version identifier and will be presented for renewed affirmative assent before continued use where required.

No change applies retroactively to eliminate a claim that applicable law does not permit to be eliminated.

16. Contact

For questions or legal notices concerning this Waiver, email support@vocallight.com or visit https://vocallight.com/support.