Terms of Use
These Terms of Use ("Terms") govern your access to and use of the Ryft Audio application for Android (the "App") and any related content and support provided by Ryft LLC ("Ryft", "we", "us") (together, the "Services"). By downloading, installing, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1) Provider
The Services are provided by Ryft LLC, 30 N Gould St Ste R, Sheridan, WY 82801, USA.
2) Eligibility
You must be at least 13 years old (or the minimum age required by your jurisdiction) to use the App. If you use the App on behalf of an organization, you represent that you have authority to bind that organization.
3) License & Restrictions
Subject to these Terms and applicable law, we grant you a personal, non-exclusive, non-transferable, revocable license to install and use the App on devices you own or control, for your personal purposes.
You must not (and must not attempt to):
- Reverse engineer, decompile, disassemble, or extract source code from the App, except to the extent such restriction is prohibited by applicable law (including where required for interoperability).
- Copy, modify, create derivative works of, distribute, sell, lease, sublicense, or publicly display the App, except as expressly permitted by law or by the licenses covering its open-source components (see Section 8).
- Remove, obscure, or alter any proprietary notices, attributions, or license texts contained in the App.
- Use the App to infringe copyright or other rights, or to violate any applicable law.
- Interfere with the App's operation, introduce malware, exploit vulnerabilities, or attempt unauthorized access to systems.
- Use the App to re-broadcast, record, redistribute, or commercially exploit any radio stream in violation of the broadcaster's rights or terms (see Section 6).
4) Price, Ads, and In-App Purchases
The App is currently provided free of charge. It contains no advertising and no in-app purchases or subscriptions. We do not process payments and do not collect billing information. Consequently, there is nothing to cancel, restore, or refund.
We reserve the right to introduce paid features in future versions. If we do, the applicable pricing and terms will be presented to you before any purchase, and any purchase would be processed by Google Play under its own terms. Nothing in this Section obliges you to pay for a version of the App you already installed.
5) Ownership & Intellectual Property
The App — including its software, user interface, designs, text, graphics, logos, and audio engine — is owned by Ryft or its licensors and is protected by intellectual property laws. Except for the limited license in Section 3, no rights are granted to you.
The App incorporates third-party open-source components, each under its own license (see Section 8). Those licenses govern the corresponding components and are not superseded by these Terms.
6) Internet Radio
The App includes a directory of internet radio stations and can connect to their publicly available streams.
6.1 We do not provide the audio
Ryft does not own, operate, host, control, curate the programming of, or endorse any radio station or stream. When you play a station, your device connects directly to that broadcaster's server. We act only as a playback client, comparable to a web browser opening a URL. All programming, advertising, metadata, and artwork delivered by a stream originates from the broadcaster.
6.2 Availability is outside our control
Stream URLs may change, stations may go offline, impose geographic restrictions, alter bitrates or formats, or cease operating without notice. We make no guarantee that any station listed in the App will be available, functional, or available in your region. We may add, modify, or remove stations from the bundled directory at any time, including on request of a rights holder.
6.3 Your responsibilities
Your use of any stream is subject to that broadcaster's own terms and applicable copyright law. You are responsible for complying with them. You must not use the App to record, re-broadcast, publicly perform, or redistribute stream content where doing so is not permitted.
6.4 Third-party data handling
Because the connection is direct, the broadcaster receives your IP address and standard connection metadata, governed by its privacy policy rather than ours. See Section 3 of our Privacy Policy for details.
7) Your Audio Files and Local Content
The App plays audio files from folders you explicitly grant it access to. You are solely responsible for the content you play, including for having the necessary rights to it. The App stores playback settings, EQ presets, and library browsing state locally on your device; you are responsible for your own backups.
The App reads your files in order to decode and play them. It does not upload, transmit, or share them. See the Privacy Policy for details.
8) Third-Party Components and Data
The App includes open-source software and data, used under permissive licenses, including:
- r8brain-free-src — sample-rate conversion (MIT).
- dr_flac and dr_mp3 — audio decoders (Public Domain / MIT-0).
- libebur128 — loudness measurement (MIT).
- AutoEq — the headphone correction database is generated from AutoEq measurements and EQ configurations (MIT).
- Inter and JetBrains Mono typefaces (SIL Open Font License).
Full attributions and license texts are included in the App and in the project's third-party notices. Headphone correction profiles are supplied "as measured"; they represent measurements of specific units by third parties and may not match your particular unit. Ryft does not warrant their accuracy and is not affiliated with, and does not endorse or claim endorsement by, any headphone or DAC manufacturer named in the App. All trademarks are the property of their respective owners.
9) USB Audio Hardware and Compatibility
The App's Hi-Res USB mode communicates directly with USB Audio Class 2 devices, bypassing the Android audio stack. This is inherently hardware-dependent.
- We do not guarantee compatibility with any particular DAC, dongle, adapter, cable, or Android device, nor that any specific sample rate or bit depth will be achievable on your hardware.
- Functionality may depend on your device supporting USB host mode ("USB OTG"), on sufficient power delivery, and on your device manufacturer's USB implementation.
- Android may require you to grant permission for each connected USB device. Some manufacturer-customized Android builds restrict USB audio access in ways we cannot work around.
10) Disclaimers
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE".
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Without limiting the above, we do not warrant that: the App will be uninterrupted, error-free, or free of defects; any radio station will be available; any USB device will be compatible; any particular audio quality, sample rate, latency, or measurement accuracy will be achieved; or that the App will not, in combination with particular hardware, produce audio artifacts. The spectrum analyzer, loudness measurement, and EQ response displays are provided for informational purposes and are not calibrated instruments.
EU/EEA/UK users: nothing in this Section affects your statutory rights under applicable consumer protection law, including the right to conformity of digital content under EU Directive 2019/770 or equivalent national law.
11) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, RYFT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR REVENUE, OR ANY DAMAGE TO AUDIO EQUIPMENT OR HEARING, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE APP, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM RELATING TO THE APP WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE APP IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) TWENTY-FIVE U.S. DOLLARS (USD 25).
Some jurisdictions do not allow certain limitations of liability or exclusions of implied warranties; in that case, the above applies only to the maximum extent permitted by applicable law.
EU/EEA/UK users: nothing in this Section excludes or limits our liability for (a) death or personal injury caused by our negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited under applicable law, including consumer protection law. Statutory rights and remedies under EU Directives 2019/770 and 2019/771 (or national implementations) cannot be waived.
12) Indemnification
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Ryft and its officers, managers, employees, contractors, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the App, (b) the content you play, record, or redistribute, (c) your violation of these Terms or applicable law, or (d) your infringement of any third-party rights.
13) Copyright / DMCA
If you are a rights holder and believe that a radio station included in the App's directory, or other content related to the App, infringes your rights, please send a notice to our contact email (click to reveal) identifying the work and the alleged infringement in sufficient detail. We will review the notice and, where appropriate, remove the relevant station entry from the directory in a subsequent App update.
14) Termination
We may suspend or terminate your license if you materially violate these Terms, where permitted by law. You may stop using the App at any time by uninstalling it. Termination does not affect any provision that by its nature should survive (see Section 17.9).
15) Dispute Resolution & Arbitration Agreement (U.S. Users Only)
15.1 Informal resolution first (Notice of Dispute)
Before starting arbitration or a court proceeding, you agree to send a written Notice of Dispute to our email (click to reveal) (subject line: "Notice of Dispute") or by mail to Ryft LLC, 30 N Gould St Ste R, Sheridan, WY 82801, including: (a) your name, (b) an email address at which we can reach you, (c) a description of the dispute, (d) the relief you seek, and (e) enough information to identify the relevant product and transaction (if any). We will attempt to resolve the dispute informally within 60 days of receiving your Notice.
15.2 Agreement to arbitrate
If a dispute is not resolved informally, you and Ryft agree that, to the maximum extent permitted by law, any dispute, claim, or controversy arising out of or relating to the App or these Terms will be resolved by binding individual arbitration rather than in court, except as set out in Section 15.4.
15.3 Delegation
The arbitrator (and not a court) will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court will decide the enforceability of the class action waiver.
15.4 Exceptions
- Small claims: either party may bring an individual claim in small claims court, if eligible, instead of arbitration.
- Intellectual property and security: either party may seek injunctive or equitable relief in court to prevent or stop infringement or misappropriation of intellectual property, unauthorized access, or security breaches.
15.5 Venue for court proceedings
To the extent a dispute is properly brought in court under Section 15.4, you and Ryft submit to the exclusive jurisdiction of the state and federal courts located in Wyoming, USA, and waive any objection to venue or inconvenient forum, except where applicable law provides non-waivable rights.
15.6 Arbitration provider and rules
Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, available at adr.org. If the AAA is unavailable, the parties will agree on an alternative reputable provider; failing agreement, a court of competent jurisdiction may appoint an arbitrator.
15.7 Location, format, and language
The arbitration will be conducted in English by a single arbitrator. For consumers, any hearing may be held in the U.S. county where you reside unless otherwise agreed, and may be conducted by video, telephone, or on written submissions where appropriate.
15.8 Fees and costs
Filing, administration, and arbitrator fees are governed by the applicable AAA Consumer Arbitration Rules and applicable law. If you are a consumer, Ryft will pay AAA fees exceeding what you are required to pay under those rules, to the extent required by them or by law. Each party bears its own attorneys' fees unless the arbitrator awards them under applicable law.
15.9 Individual relief only; class action waiver
YOU AND RYFT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING.
15.10 Mass arbitration / batch proceedings
If 25 or more similar arbitration demands are filed against Ryft by or with the assistance of the same law firm or organization within a reasonably short period and raising similar issues, the parties agree to administer them in batches of up to 25 demands at a time, working with the AAA to implement batching consistently with its consumer procedures and applicable law, including reasonable coordination of fees so that fees for later batches become due only as those batches are processed.
15.11 Jury trial waiver
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND RYFT WAIVE ANY RIGHT TO A JURY TRIAL TO THE MAXIMUM EXTENT PERMITTED BY LAW.
15.12 Opt-out
You may opt out of Sections 15.2–15.11 by emailing our email (click to reveal) or writing to Ryft LLC, 30 N Gould St Ste R, Sheridan, WY 82801 within 30 days of first accepting these Terms, stating your name, the App name, and your intent to opt out. Opting out does not affect any other provision of these Terms.
15.13 Governing law
To the maximum extent permitted by law, these Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict-of-law principles. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
15.14 Limitation period
To the maximum extent permitted by law, any claim must be brought within one (1) year after the events giving rise to it, or it is permanently barred, unless applicable law prohibits such a limitation.
15.15 Severability and survival
If any portion of this Section 15 is found unenforceable, the remainder remains in effect. If the class action waiver is found unenforceable, the arbitration agreement will not apply to the class claim. This Section survives termination.
16) Special Provisions for EU/EEA/UK Users
If you are a consumer located in the European Union, European Economic Area, or United Kingdom, the following applies in addition to, or instead of, certain provisions above.
16.1 Governing law and jurisdiction
These Terms are governed by the law of your country of residence to the extent required by mandatory consumer protection law. You may bring proceedings in the courts of your country of residence, and we may bring proceedings only there.
16.2 Arbitration does not apply
Section 15 does not apply to you. You retain all rights to bring disputes in court and to participate in class or collective actions as provided by your national law.
16.3 Withdrawal right
The App is supplied free of charge, so no payment is made and the 14-day withdrawal right under Directive 2011/83/EU has no charge to reverse. Should paid features be introduced in future, the withdrawal right and any applicable waiver under Art. 16(m) would be handled by Google Play at the point of purchase.
16.4 Conformity and warranties
Directives 2019/770 and 2019/771 (or your national implementations) grant you legal rights to conformity, updates, and remedies if the App does not conform to these Terms or is defective. These rights cannot be excluded, and nothing in Section 10 or 11 limits them.
16.5 Unfair contract terms
Under Directive 93/13/EEC, any term found to be unfair under applicable consumer protection law will not bind you; the remainder of these Terms remains in effect.
16.6 Online dispute resolution
The European Commission provides an Online Dispute Resolution platform at ec.europa.eu/consumers/odr. You may also file complaints with your national consumer protection authority.
17) Miscellaneous
17.1 Changes
We may update the App and these Terms from time to time. The effective date above shows when these Terms were last revised. Continued use of the App after changes means you accept the updated Terms.
17.2 Google Play terms
The App is distributed through Google Play. Your use is also subject to Google Play's applicable terms. Google is not a party to these Terms and has no obligations regarding the App. To the extent Google Play's terms require different provisions, those terms control. Ryft, not Google, is solely responsible for the App and for providing any support for it.
17.3 Severability
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force.
17.4 Entire agreement
These Terms, together with the Privacy Policy, constitute the entire agreement between you and Ryft regarding the App and supersede any prior agreements, except that open-source component licenses govern their respective components.
17.5 Electronic communications
You agree that notices and other communications we provide electronically (in the App, by email, or by posting on this website) satisfy any legal requirement that they be in writing.
17.6 Export controls and sanctions
You may not use, export, re-export, or transfer the Services except as authorized by United States law, the law of the jurisdiction in which you use them, and other applicable law. The Services may not be used or made available in any U.S.-embargoed country or region, or by anyone on a U.S. government restricted-parties list.
17.7 Force majeure
Ryft is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, labor disputes, war, terrorism, civil unrest, network or power failures, or governmental action.
17.8 Assignment; no waiver
You may not assign or transfer these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets. Our failure to enforce a provision is not a waiver of our right to enforce it later.
17.9 Survival
Sections that by their nature should survive termination — including Sections 5, 8–13, 15, 16, and 17 — will survive.
18) Contact
Email:
Contact email (click to reveal)
Mailing address: Ryft LLC, 30 N Gould St Ste R, Sheridan, WY 82801, USA