WhatsMyBitrate Terms of Service

1. Welcome to WhatsMyBitrate

a. WhatsMyBitrate ("we," "us," or "our") provides the whatsmybitrate.com website and the audio analysis services offered through it (collectively, the "Services").

b. By using the Services, you agree to these terms (collectively, the "Terms"). Please read the Terms carefully, as they form your entire agreement with us. If you do not agree to these Terms, you must not use the Services.

THESE TERMS CONTAIN LIMITATIONS OF OUR LIABILITY IN SECTION 7. REGION-SPECIFIC PROVISIONS, INCLUDING CHOICE OF LAW AND FORUM, ARE SET OUT IN SECTION 11.

2. Using the Services

a. The Services. The Services provide automated technical analysis of audio files you submit, which may include the determination of bitrate, codec, sample rate, channel configuration, duration, and frequency content, and the generation of an optional spectrogram. The Services are provided free of charge for informational purposes only.

b. Authority and Age. You agree that you are permitted to use the Services under applicable law. If you are under the minimum age required to consent to data processing in your jurisdiction (13 in the United States; 16, or the lower age provided by your Member State, in the European Union), you may not use the Services.

c. Member Conduct. You agree not to use the Services in any manner that violates these Terms or applicable law (or assist, facilitate, or support others in doing so), including to:

• obtain or attempt to obtain unauthorized access to the Services or to our servers, systems, network, or data;
• submit any file that you do not have the right to possess or analyze, or that infringes any copyright or other proprietary rights of any person or entity;
• access or collect data from the Services using any automated means, including robots, spiders, scrapers, or data gathering or extraction tools, or submit files in bulk in a manner that imposes an unreasonable load on the Services, without our express prior permission;
• make available viruses or any other computer code, files, programs, or content designed to interrupt, destroy, or limit the functionality of the Services; or
• interfere with or disrupt the Services or servers, systems, or networks connected to the Services in any way.

d. Use of Services. You must follow any guidelines or policies associated with the Services. You must not misuse or interfere with the Services or try to access them using a method other than the interface and the instructions that we provide. You may use the Services only as permitted by law.

3. Privacy and Data Protection

Our Privacy Policy describes what information we collect from you, how we process your information, who we share it with, and your rights under data protection laws.

4. Content in the Services

a. Your Content. You — not WhatsMyBitrate — are entirely responsible for any audio files that you upload, submit, or otherwise make available via the Services. You retain all ownership rights in the files you submit. We claim no ownership or license over your submissions beyond the limited right to process them as necessary to provide the requested analysis. Submitted files are processed temporarily for analysis and are permanently deleted upon completion, as further described in our Privacy Policy.

b. Your Representations. By submitting an audio file, you represent and warrant that: (i) you own the file or otherwise possess all rights, licenses, consents, and permissions necessary to submit it to the Services; (ii) the file does not infringe upon the intellectual property rights, privacy rights, or other rights of any third party; and (iii) your submission complies with all applicable laws and regulations.

c. Our Content. Using the Services does not give you ownership of any intellectual property rights in the Services or the content you access. The analysis source code is separately available on GitHub and is governed by the terms of its applicable open source license. These Terms govern your use of the hosted website only.

5. Accuracy of Results

Analysis results are generated through automated technical methods and may vary depending on the source material, encoding history, and other factors. While we endeavor to provide accurate results, we do not warrant that results will be complete, accurate, or suitable for any particular purpose. You should independently verify results before relying on them for professional, commercial, or legal purposes.

6. Our Warranties and Disclaimers

a. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SERVICES. WE PROVIDE OUR SERVICES "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." YOUR USE OF THE SERVICES IS AT YOUR OWN RISK, AND WE DO NOT REPRESENT, PROMISE, OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

b. SOME JURISDICTIONS PROVIDE FOR CERTAIN IMPLIED WARRANTIES, SUCH AS THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED OR EXPRESS PROMISES OR WARRANTIES ABOUT THE SERVICES. NOTHING IN THESE TERMS AFFECTS ANY LEGAL RIGHTS THAT YOU ARE ENTITLED TO AS A CONSUMER UNDER APPLICABLE LAW WHICH CANNOT BE CONTRACTUALLY ALTERED OR WAIVED.

7. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT WHATSMYBITRATE AND ITS OPERATOR WILL NOT BE LIABLE FOR: ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES; ANY LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, OR ANY OTHER LOSSES ARISING FROM OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR ACCESS TO THE SERVICES, INCLUDING LOSSES RESULTING FROM THE DELETION OF, ALTERATION OF, MIS-DELIVERY OF, OR FAILURE TO STORE DATA TRANSMITTED BY THE SERVICES, OR DECISIONS MADE IN RELIANCE ON ANALYSIS RESULTS. THE LIMITATIONS AND EXCLUSIONS IN THESE TERMS WILL APPLY WHETHER OR NOT WE HAVE BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LOSSES ARISING.

BECAUSE THE SERVICES ARE PROVIDED FREE OF CHARGE, TO THE FULLEST EXTENT PERMITTED BY LAW, WE ARE NOT LIABLE IN CONNECTION WITH ANY DISPUTES THAT ARISE OUT OF OR RELATE TO THESE TERMS OR THE SERVICES FOR ANY AMOUNT GREATER THAN THE AMOUNT YOU PAID TO US FOR THE SERVICES (WHICH, FOR THE AVOIDANCE OF DOUBT, IS ZERO).

8. Indemnification

You agree to indemnify, defend, and hold harmless WhatsMyBitrate and its operator from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to your use of the Services, your submissions, or your violation of these Terms or any applicable law.

9. Modifying and Terminating the Services

We are constantly changing and improving the Services. Unless stated differently for your country or region in Section 11, we may, without notice, add or remove functionalities or features, create new limits to the Services, or temporarily or permanently suspend or stop a Service. We may also suspend or terminate your access to the Services at any time, without notice, for any reason, including violation of these Terms. You can stop using the Services at any time.

10. About These Terms

a. Modification of the Terms. Unless stated differently for your country or region in Section 11, we may modify the Terms from time to time. Unless we indicate otherwise, modifications will be effective as of the date they are posted on this page or any successor page. You should look at the Terms regularly. Your continued use of the Services after the effective date of any modifications to the Terms means that you agree to the Terms as modified.

b. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision (or part of a provision) of these Terms is found to be invalid, you and we nevertheless agree to give effect to the intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.

c. Third-Party Services. The Services may contain links to third-party websites and may utilize third-party services (including Google Analytics, Google AdSense, and Cloudflare Turnstile). We are not responsible for the content, policies, or practices of any third-party websites or services, and your interactions with them are governed by their respective terms and policies.

11. Choice of Law, Forum, and Other Regional Provisions

The choice of law, the location for resolving disputes, and other important region-specific provisions are set out in this Section 11. If you have any questions, please contact us using the contact page.

11.1 United States (excluding California)

a. Choice of Law. These Terms and the relationship between the parties, including any claim or dispute that might arise between the parties, whether sounding in contract, tort, or otherwise, will be governed by the laws of the State of California, without regard to its conflict of law provisions.

b. Forum. Any claim or dispute arising out of or relating to these Terms, or the relationship between you and us, will be brought exclusively in the state or federal courts located in the State of California. In such cases, you and we agree to submit to the personal jurisdiction of such courts and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

c. Minimum Age. You must be at least 13 years old to use the Services.

11.2 California

a. The provisions of Section 11.1 apply to you, with disputes brought exclusively in the state or federal courts located in the State of California.

b. California Consumer Privacy Act. If you are a California resident, please see Section 10 of our Privacy Policy for information about your rights under the California Consumer Privacy Act, as amended by the California Privacy Rights Act, including your right to know, delete, and opt out of the sale or sharing of personal information, and your right to non-discrimination.

c. Consumer Notices. Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following consumer rights notice: the Services are provided by the operator of whatsmybitrate.com, and questions or complaints may be directed to us through the contact page. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

11.3 European Union, European Economic Area, United Kingdom, and Switzerland

a. Minimum Age. For EU Member States, the minimum age is 16, or the lower age that your Member State has provided for you to consent to the processing of your personal data. For the United Kingdom, Switzerland, and other countries covered by this Section 11.3, the minimum age is 13.

b. Mandatory Consumer Rights. Nothing in these Terms, including Sections 6 and 7, affects any legal rights that you are entitled to as a consumer under applicable local law which cannot be contractually altered or waived. Accordingly, some of the exclusions and limitations in Sections 6 and 7 of these Terms will not apply to you if you are a consumer living in a European Union country.

c. Choice of Law. These Terms and their operation, interpretation, or formation, and the relationship between the parties, including any claim or dispute that might arise between the parties (including non-contractual claims or disputes), will be governed by the laws of the State of California, United States, without regard to its conflict of law provisions — except that, if you reside in a European Union country, the United Kingdom, or Switzerland, nothing in these Terms affects your right to rely on any applicable mandatory local law or choice of jurisdiction provision that cannot be varied by contract.

d. Modifying the Services; Modifying these Terms. Where we modify the Services as outlined in Section 9, or we modify these Terms pursuant to Section 10(a), we will tell you a reasonable amount of time in advance of any modifications that will materially disadvantage our users or materially limit the access or usage of the Services. For modifications that we need to make to meet security, safety, legal, or regulatory requirements, we may not be able to notify you in advance, but we will let you know as soon as practicable.

e. Data Protection. Please see Section 9 of our Privacy Policy for information about our legal bases for processing and your data protection rights, including your right to lodge a complaint with your local data protection authority.

11.4 All Other Regions

If you access the Services from a region not addressed above, these Terms and the relationship between the parties will be governed by the laws of the State of California, United States, without regard to its conflict of law provisions, and any dispute will be brought exclusively in the state or federal courts located in the State of California, except to the extent that applicable mandatory local law provides otherwise.

12. Questions

If you have any questions regarding these Terms, please contact us through the contact page.