End User License Agreement
1. Scope and applicability
This agreement (the "Agreement") is between you and Dieter Verlaeckt, trading as DV Studio ("DV Studio"), with registered office in Belgium, Haverlaan 28, 2500 Lier, with company number 1037.153.197, the distributor of VoiceWink (the "Software").
The Software itself is free and open-source software, licensed to you under the GNU General Public License, version 3 (GPL v3). In that respect, DV Studio refers to the existing terms and conditions of the GPL v3 and assumes no liability whatsoever in connection therewith (see section 2).
Please carefully note that this Agreement is only limited to setting out the specific rights and obligations relating to the activation key and the paid activation service of VoiceWink (hereinafter also referred to as the "Product").
The applicability of your general terms and/or other terms and/or conditions is hereby explicitly rejected, unless the applicability of a specific term or conditions is explicitly accepted by DV Studio.
The activation key itself, which enables you to use the paid activation service of the Software, must be purchased from a third party — Lemon Squeezy — which therefore acts as the seller of the activation key of the Software. The terms and conditions applicable to this purchase fall outside the scope of this Agreement. You therefore acknowledge and accept that DV Studio shall bear no liability whatsoever in respect of the terms and conditions of the purchase with Lemon Squeezy (see section 3). However, the purchase is subject to the conditions set out below with regard to the scope of the right to use the paid activation service and the rights and obligations in connection therewith.
You are asked to accept this Agreement (together with the Privacy Policy) when you first set up VoiceWink, and in any case when you activate or use a paid activation key. Your underlying GPL v3 rights in the Software — to study, modify, and redistribute its source code under the GPL — exist independently of this Agreement and do not depend on your accepting it (see section 2).
2. The Software is licensed under the GPL v3
VoiceWink is open-source software distributed under the GNU General Public License, version 3 (GPL v3), a copy of which is included with the Software in the file LICENSE next to this binary. The GPL v3 grants you the right to use, study, modify, and redistribute the Software under the terms of that license. Nothing in this Agreement removes, narrows, or adds conditions to those rights. To the extent any term of this Agreement were read to condition or restrict your GPL v3 rights in the Software, the GPL v3 prevails and that term is severed as to the Software (see section 16.1).
VoiceWink is a derivative work of VoiceInk, which is also licensed under the GPL v3; attribution appears in the LICENSE file and the project README.
Please carefully note that DV Studio bears no responsibility whatsoever with regard to the terms and conditions that are indicated in said licenses.
2.1 Source code availability (GPL v3 §6)
The corresponding source code for this binary is available at github.com/dvstudio-app/VoiceWink/releases for the lifetime of this binary's distribution. Each released binary is tagged in the repository with a v{Version} Git tag matching the version number embedded in this binary. If the GitHub release for a specific version is not reachable — or was never published — DV Studio will provide the corresponding source on request to the contact address in section 17: by network transfer at no charge, or on a physical medium at no more than the actual cost of performing that physical distribution.
3. Activation keys and the paid activation service
An activation key is a credential that unlocks continued use of the paid build and authorizes a number of devices according to its variant (Solo, Personal, Extended). An activation key is a separate commercial product and service; it is not part of the Software and is not covered by the GPL v3.
Who you buy from. Activation keys are sold by Lemon Squeezy acting as merchant of record: Lemon Squeezy is the seller of record for your purchase, concludes the sale at its checkout, issues your invoice, and collects and remits applicable taxes (such as VAT). DV Studio is not the seller of the key; DV Studio makes the Software available, operates the activation service the key unlocks, and provides support under this Agreement.
Upon full payment of the activation key, DV Studio shall grant to you a non-transferable, non-exclusive and non-sublicensable right to use the activation key and the paid activation service.
An activation key is a one-time purchase for a perpetual activation entitlement: there is no subscription and no recurring charge.
You acknowledge that, in line with section 12 of this Agreement, VoiceWink can be continuously improved and modified by DV Studio. The activation service gives you access to the latest version of the paid build. During updates the Product may be temporarily unavailable to you. You only have access — as well as a right of use — to the latest version of the Product. Every new version or update of the Product replaces the original or previous version, while the updated version is subjected to all rights and obligations stipulated in the Agreement without such replacement creating any kind of novation of the Agreement in place at that moment.
The restrictions in this Agreement apply to the use of the activation key and the activation service — not to the Software itself:
- You agree not to share, commercialize or transfer your activation key to third parties without DV Studio's prior written agreement.
- You may deactivate an installation at any time and re-activate on another device, subject to the activation count attached to your key.
Termination of the activation key. This Agreement and your activation key remain in effect until terminated. You may stop using the activation service at any time by deactivating your installations. DV Studio may suspend or terminate your activation key only if you materially breach this Agreement — in particular the no-sharing, commercialization or transfer restriction above. DV Studio will also terminate or deactivate your activation key at your request, including when a refund is issued under the voluntary money-back guarantee or a statutory right. Termination of the activation key affects only the use of the paid activation and related services: DV Studio has no power to terminate your rights in the Software, which are governed solely by the GPL v3 (whose own section 8 governs any termination of those rights). On termination of the key the paid build may revert to its inactivated state, but you remain free to exercise all of your GPL v3 rights in the Software.
4. Trial period
A time-limited trial may be available without an activation key. The trial unlocks the same features as a paid license and ends after the applicable trial period. The trial does not renew and does not charge you — to keep using the paid features after it ends, you purchase an activation key from Lemon Squeezy. Any data you generate during the trial remains on your device after the trial ends.
5. No warranty
Sections 15 to 17 of the GPL v3 disclaim all warranties for the Software. Those disclaimers apply to your use of VoiceWink, which is provided "as is," without warranty of any kind. You agree that DV Studio shall bear no responsibility towards warranties and/or disclaimers under the GPL v3.
6. General terms of use
6.1 You shall not use the activation key or the activation service, or have them used, in violation of applicable legal provisions or the terms of this Agreement.
6.2 You shall not use the activation service for illegal purposes or for conduct that is objectionable in any other way, nor in any way that is illegal, deceptive or harmful to DV Studio or third parties.
6.3 You shall not share your activation key with third parties or provide them access to the paid activation service through it, and you shall not activate more devices than your variant authorizes.
6.4 In the event of a suspected violation of the provisions of this section 6, DV Studio may temporarily suspend the activation key while it investigates. In the event of a material breach of this section 6, DV Studio may permanently block the activation key in accordance with section 3, without reimbursement or compensation. Where you are a consumer, this section does not affect the mandatory rights described in section 15.
7. Third-party components
7.1 You acknowledge that in order to use VoiceWink, it needs appropriate hardware, networks, operating systems, data transmittal lines with appropriate communication applications. DV Studio shall never be responsible and/or liable for the (correct) functioning of your infrastructure including software and/or third-party software used by you.
7.2 You acknowledge and accept that DV Studio has no control over third-party software and/or services and that these can be suspended or discontinued at any time, for any reason whatsoever, without DV Studio becoming liable to pay compensation for damages to you.
8. General product and service commitments
8.1 DV Studio shall perform its Services, including the granting of access to the paid activation service, on a best-effort obligation.
8.2 DV Studio does not guarantee that VoiceWink is free of "bugs" or errors, but shall make every reasonable effort to solve possible "bugs" or errors in VoiceWink without any guarantee that all errors will be fixed.
8.3 DV Studio provides the Software "as is". You accept responsibility for selecting Software options, the use of the Software and the results obtained herewith. No fitness for any specific use or purpose is guaranteed by DV Studio. DV Studio does not guarantee that the Software functionality complies with your performance requirements and expectations.
9. Intellectual property rights
The VoiceWink and DV Studio names and logos, and the intellectual property rights in the activation service, remain the property of DV Studio. The Software's copyright remains with its respective copyright holders and is licensed to you under the GPL v3 (section 2); modifications you make to the Software are governed by the GPL v3, not by this Agreement, and this Agreement claims no rights in them. Nothing in this Agreement transfers any intellectual property right to you beyond what the GPL v3 and this Agreement expressly grant.
10. Liability
10.1 You accept full and unconditional liability for the operations performed through the use of VoiceWink. You acknowledge that you are solely responsible and liable for the access to your computer system and for actions and negligence by any party that uses VoiceWink through the activation key and for engaging third-party suppliers for the use of VoiceWink.
10.2 To the extent permitted by applicable law, DV Studio's total aggregate liability for any claim arising out of or relating to the use of the paid activation and related service is limited to the amount you paid for your activation key.
10.3 DV Studio shall not be liable for any indirect damage, including loss of profit, missed savings, corruption/damage or loss of data, damage related to the use of materials or software of third parties, damage related to the involvement of suppliers engaged or prescribed by you, reputational damage or other indirect or consequential damage, regardless of the nature of the action (breach of contract, tort) and regardless of whether DV Studio has been informed of the likelihood of the occurrence of that damage.
10.4 The limitation and exclusions in this section 10 do not apply to, and DV Studio never excludes or limits, liability for:
- intent (opzet / dol) or fraud;
- gross negligence (zware fout / faute grave);
- death or personal injury caused by DV Studio's fault;
- the mandatory consumer rights described in section 15; and
- any other liability that cannot be excluded or limited under mandatory applicable law.
10.5 You shall indemnify DV Studio for third-party claims or demands arising from your use of the activation key or the activation service in breach of this Agreement, or from your use of VoiceWink in breach of applicable law, unless you could enforce these claims against DV Studio with due observance of the provisions in this article in case you had suffered the damages yourself.
10.6 You are responsible for maintaining your own backups of data you value. Subject to the exclusions above and to the extent permitted by law, DV Studio is not liable for loss of locally or cloud-stored data.
11. Privacy
Your use of VoiceWink is also governed by the Privacy Policy, which is shipped alongside this document and accessible from within the app at any time.
12. Updates, support, and continuity ("Services")
12.1 DV Studio may issue updates to the Software which implies that the Software may be subject to updates, upgrades or other changes that can change the Software. You therefore acknowledge that the Software cannot be qualified as an absolute and unaltered product throughout the contracting period. Updates, upgrades or other changes shall, however, not materially diminish the usage of the Software.
12.2 Maintenance and support. DV Studio may, but is not obligated to, provide updates, bug fixes, or technical support for the Software. Where you are a consumer, this does not affect DV Studio's obligation to provide the updates — including security updates — that are necessary to keep the paid product in conformity during the period referred to in section 15. Any update to VoiceWink that DV Studio does release is included with your activation key at no additional charge; updates are never sold separately or placed behind a renewal or maintenance plan.
12.3 VoiceWink also performs an automatic check for new Software versions against updates.voicewink.app and, when the automatic-installation setting is on, can install updates automatically; the data sent during that check is described in Section 4 of the Privacy Policy. You can turn off automatic update checking and automatic update installation in the app at any time.
12.4 Continuity of activation. If DV Studio ever permanently discontinues the paid activation service, DV Studio will make available a Software update that removes the activation requirement, so that copies already installed continue to function. (Your GPL v3 rights in the Software are unaffected by the activation service in any case.)
13. Duration and termination
13.1 This Agreement is concluded for an indefinite period and shall remain in force for as long as you use the activation key or the activation service.
13.2 You may terminate this Agreement at any time by deactivating your installations and permanently discontinuing all use of the activation key and the activation service. Your rights in the Software under the GPL v3 are unaffected: you may continue to use, modify, and redistribute the Software under that license.
13.3 DV Studio may terminate this Agreement only if you materially breach its terms and, where applicable law so requires, after having given you a reasonable opportunity to remedy such breach.
13.4 Upon termination of this Agreement all rights granted under this Agreement in relation to the activation key and the activation service shall immediately cease. Termination shall however not affect any rights you may have under the GNU General Public License version 3 (GPL v3), which shall remain governed exclusively by that license.
13.5 Any provisions which by their nature are intended to survive termination, including provisions concerning liability and intellectual property, shall remain in effect after termination.
14. Governing law and jurisdiction
14.1 This Agreement is governed by Belgian law, without prejudice to mandatory consumer-protection rules of your country of residence.
14.2 Disputes will be brought before the competent courts of DV Studio's seat. Where you are a consumer, this does not affect mandatory rules that permit you to bring proceedings in your country of residence, and DV Studio will bring proceedings against you only before the courts of your country of residence.
15. Consumer protection law
If you are a consumer resident in Belgium or another EU member state, you have mandatory rights that neither this Agreement nor the GPL v3 can waive:
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A statutory conformity guarantee for digital content, under Articles 1701/1–1701/19 of the (old) Belgian Civil Code, inserted by the Act of 20 March 2022 (in force 1 June 2022) transposing EU Directive 2019/770 — Article 1701/8:
- One-time supply: the trader is liable for any lack of conformity that exists at supply and becomes apparent within two years; a lack of conformity appearing within the first year is presumed to have existed at supply.
- Continuous supply: both the guarantee and that presumption run for the entire supply period.
- Both periods are suspended while the content is being brought into conformity or during amicable-settlement negotiations.
- If the software does not conform to this Agreement or to the description provided, you are entitled to the statutory remedies — such as having it brought into conformity, or an appropriate price reduction or refund — on the conditions those provisions prescribe.
- A 14-day statutory right of withdrawal under Article 16(m) of Directive 2011/83/EU (transposed in Book VI of the Belgian Code of Economic Law). For digital content this right is lost only where you give express prior consent to immediate performance and acknowledge that you thereby lose the right of withdrawal. This choice is captured at the checkout operated by Lemon Squeezy as merchant of record; the law requires that consent and acknowledgment be confirmed to you on a durable medium (normally your order-confirmation email). If you do not give that consent, you retain the full 14-day withdrawal right, exercisable against Lemon Squeezy as the seller (DV Studio will assist with, and forward, any withdrawal notice it receives).
Separately from this statutory right, DV Studio offers a 30-day money-back guarantee as a contractual customer benefit. The guarantee is in addition to — and does not replace or reduce — your statutory rights above.
Nothing in the GPL v3's warranty disclaimer, or in section 5 of this Agreement, overrides these consumer rights.
16. General provisions
16.1 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision is replaced by a valid one that comes as close as possible to its intended effect. In particular, if any term were held to impose a condition on your GPL v3 rights in the Software, that term is severed as to the Software and the GPL v3 governs.
16.2 Assignment. DV Studio may transfer this Agreement, and its rights and obligations under it, to a successor that continues the VoiceWink business. Such a transfer does not diminish your rights under this Agreement, and you will be told of any change in the identity of the successor through the in-app legal notice or your order email. You may not transfer this Agreement (or your activation key) except as allowed in section 3.
17. Contact
Questions or notices regarding this Agreement may be sent to DV Studio at:
DV Studio · Haverlaan 28, 2500 Lier · Belgium · enterprise number (KBO/BCE) BE 1037.153.197