Terms of Service

1. Welcome

WhatsMyBitrate ("we," "us," or "our") provides the whatsmybitrate.com website and the audio analysis tool offered through it (the "Services"). By using the Services, you agree to these Terms. If you do not agree, please do not use the Services.

These Terms include limits on our liability (Section 6) and region-specific governing-law provisions (Section 10).

2. Using the Services

The Services provide automated technical analysis of audio files you submit  including bitrate, codec, sample rate, channel layout, duration, and frequency content, plus an optional spectrogram  provided free of charge for informational purposes only.

You must be 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 set by your EU Member State, in the European Union), you may not use the Services.

Acceptable Use

You agree not to use the Services to:

• gain or attempt to gain unauthorized access to our servers, systems, or data;
• submit a file you do not have the right to possess or analyze, or that infringes anyone's copyright or other rights;
• scrape, crawl, or programmatically extract data from the Services, or submit files in bulk in a way that places an unreasonable load on them, without our prior permission;
• upload viruses or other harmful code; or
• otherwise interfere with or disrupt the Services.

3. Privacy

Our Privacy Policy explains what information we collect, how we use it, and your rights regarding it, and forms part of these Terms.

4. Your Content

You, not WhatsMyBitrate, are responsible for any audio file you upload. You keep all ownership rights in your files; we claim no ownership or license over them beyond what is needed to process your analysis request. Submitted files are processed temporarily and permanently deleted afterward, as described in the Privacy Policy.

By submitting a file, you confirm that you own it or otherwise have the right to submit it, that it does not infringe anyone else's rights, and that your use of the Services complies with applicable law.

Using the Services does not give you any ownership over the Services themselves. The analysis code is separately available on GitHub under its own open-source license; these Terms govern only your use of the hosted website.

5. Accuracy of Results

Analysis results are produced by automated technical methods and can vary depending on the source file, its encoding history, and other factors. We do not warrant that results are complete, accurate, or fit for any particular purpose, and you should independently verify results before relying on them for any professional, commercial, or legal purpose. See the Disclaimer for further detail on the limits of automated audio analysis.

6. Warranties, Disclaimers, and Limitation of Liability

To the fullest extent permitted by law, the Services are provided "as is" and "as available," without warranties of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement. Nothing here removes any consumer right that cannot be limited under the law that applies to you.

To the fullest extent permitted by law, we are not liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits or lost data, arising from your use of the Services or reliance on analysis results. Because the Services are provided free of charge, our total liability for any claim relating to the Services is limited to the amount you paid us for them  which is zero.

7. Indemnification

You agree to indemnify and hold WhatsMyBitrate and its operator harmless from claims, damages, and reasonable expenses arising from your use of the Services, your submissions, or your violation of these Terms or the law.

8. Changes and Termination

We may add, change, limit, or discontinue features of the Services at any time, and may suspend or terminate your access for any reason, including a violation of these Terms. You may stop using the Services at any time.

9. Changes to These Terms

We may update these Terms from time to time; changes take effect once posted here. Continuing to use the Services after an update means you accept the revised Terms. If a provision is found unenforceable, the remaining provisions stay in effect.

Third-party services. The Services use Google Analytics, Google AdSense, and Cloudflare Turnstile, and may link to third-party websites. We are not responsible for the content or practices of third parties; your use of them is governed by their own terms.

10. Governing Law and Region-Specific Terms

United States (outside California)

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules, and any dispute will be brought in the state or federal courts located in California. You must be at least 13 years old to use the Services.

California

The provisions above apply to you. See Section 10 of the Privacy Policy for your CCPA rights. Under California Civil Code §1789.3, California users may direct complaints to the Complaint Assistance Unit, Division of Consumer Services, California Department of Consumer Affairs, 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834, or by phone at (800) 952-5210.

European Union, EEA, United Kingdom, and Switzerland

The minimum age to use the Services is 16 (or the lower age your EU Member State allows for consent to data processing), or 13 in the UK and Switzerland. Nothing in these Terms removes any consumer right that cannot be limited under your local law, and the limitations in Sections 6 and 7 apply only to the extent permitted for consumers in your country. Governing law is the State of California except where your local mandatory law or choice-of-jurisdiction rules provide otherwise. We will give reasonable advance notice of any change to the Services or these Terms that would materially disadvantage you, except where a change is required for security, safety, or legal reasons, in which case we will notify you as soon as practicable. See Section 9 of the Privacy Policy for your data protection rights.

All other regions

These Terms are governed by the laws of the State of California, USA, and disputes will be brought in California courts, except where applicable mandatory local law provides otherwise.

11. Questions

Questions about these Terms can be sent through the Contact page.