The beta terms, and the license they add to.

1.1The beta build is free. You may use it on your own computers until its end date, which the app shows. On and after that date it stops tracking and sending MIDI and shows a notice instead. Your presets and settings stay on your computer.

1.2The beta build does not need or use a license file. It makes two kinds of network calls, both to gesturemidi.com. Once per launch it checks whether a newer beta build exists, sending only its version number; you can turn this off in Setup. And when you choose to send a problem report, it uploads that report (section 5 says what is in one). It makes no other network calls.

1.3The beta build is a test version, and by joining you accept it as one: it will have bugs, it may change or lose features before the release, and a preset made in the beta may not behave the same way in the release. Keep copies of presets you care about, and use the beta build on stage at your own risk.

1.4The download is for you. Please do not share the download link or the beta build. Sharing it does not earn anyone a license.

1.5We may end the beta early or replace the beta build with a newer one. We will tell you by email, and the update check tells you in the app.

2.1Beta places are limited. Joining needs an email address that you confirm. We may decline or remove a signup that looks automated or duplicated.

2.2You must be at least 16 years old to join.

3.1About ten days after you join we email you a survey. The FEEDBACK button in the app opens the same survey.

3.2If you complete the survey with real answers, you receive a permanent GestureMIDI license for version 1.x, by email, at the address you joined with. One license per person and per email address.

3.3Answers are checked automatically first (for example, that each open answer is a few real words and that the answers are not copies of each other). Answers that do not pass are read by a person. We may refuse the reward for answers that are empty, copied, written only to pass the check, or sent more than once.

3.4The reward license works exactly like a purchased one and is covered by the EULA. It has no cash value and cannot be exchanged or transferred.

4.1You allow us to use your feedback, suggestions and bug reports to improve GestureMIDI, without payment and without any obligation to you.

4.2We quote you in public (for example on gesturemidi.com) only if you said yes to that in the survey, and only in the form you chose there: your full name, your first name, or anonymously. You can withdraw that permission for future use at any time by emailing info@robinvansoelen.com.

We keep your email address, the platform and DAW you told us, and your survey answers, to run the beta, send you the beta build and your license, and improve GestureMIDI. The signup list is held at MailerLite and the survey at Tally. The privacy policy at gesturemidi.com/privacy has the details and explains how to have your data removed. Beta emails are only about the beta: joining the beta does not add you to the GestureMIDI updates list.

A problem report is sent only when you press SEND REPORT in the app, and only once for each press. It holds the crash file (when the app crashed), the app's recent log, the open preset, the app's settings, the app and system versions, the camera format and performance numbers, and the note and email address you typed, if any. It never holds camera images. Reports reach us as a message in a private Discord channel or as an email sent through Resend, and we keep them only as long as we need them to fix the problem. SAVE AS FILE writes the same report to your computer instead, and sends nothing.

The beta build is provided free and "as is". Sections 7 and 8 of the EULA apply to it.

Robin van Soelen, trading as GestureMIDI, KVK 95129014info@robinvansoelen.comgesturemidi.com

1.1Trial. Without a license file the Software runs as a trial, with the limits described in the Software and on gesturemidi.com. You may use the trial on any computer.

1.2License. When you buy a license, or receive one (for example as a beta reward), we grant you a personal, non-exclusive, non-transferable and perpetual license to install and use the Software on all computers you personally use, on Windows and on macOS. A license is for one person. An organisation needs one license for each person who uses the Software.

1.3Your work. You may use the Software to make, record, perform and sell music and other work, for yourself or for others. What you make with it is yours. We claim no rights in it.

1.4Versions. A license covers every 1.x release of the Software. A future major version may be sold separately. If it is, the versions you already have keep working under this agreement.

You may not: (a) share, publish or sell your license file or license text, or let anyone else use it; (b) sell, rent, lend or sublicense the Software; (c) remove or get around the Software's license checks, trial limits or end dates; (d) modify, decompile or reverse engineer the Software, except where the law allows it regardless of this agreement; (e) distribute copies of the Software to others (point them to gesturemidi.com instead).

The Software processes the camera image on your computer to track your hands and face. Camera frames are never stored and never sent anywhere. The Software does not need an internet connection. Once per launch it may check gesturemidi.com for a newer version. That check sends only the Software's version number, and you can turn it off in Setup. When you choose to send a problem report, the Software uploads that report to gesturemidi.com; it holds the app's log, settings, open preset, versions and performance numbers, and the crash file after a crash, but never camera images. It makes no other network calls. The privacy policy at gesturemidi.com/privacy covers the website, the mailing list, the beta and purchases.

The Software includes components made by others, such as Google's MediaPipe hand and face models and OpenCV. They are listed with their licenses in the third-party notices that come with the Software (THIRD-PARTY-NOTICES.txt). Those licenses govern those components, and nothing in this agreement limits the rights they give you.

A license is a signed file that the Software checks on your own computer. If a purchase is refunded or charged back, or a license is shared in breach of section 2, we may revoke that license. A revoked license stops unlocking the Software on computers that run the update check.

We may release updates, but are not obliged to. Support is by email at info@robinvansoelen.com, on a best-effort basis.

7.1If you are a consumer, the law gives you rights that the Software is as described and works as it should (in the European Union, the conformity rules for digital content). Nothing in this agreement limits those rights.

7.2Apart from those rights, and as far as the law allows, the Software is provided "as is", without any other warranty. Camera tracking depends on light, the camera and where you stand, and we do not promise that it recognises every hand or gesture in every situation. Test your setup before you perform with it.

8.1As far as the law allows, our total liability under or in connection with this agreement is limited to the amount you paid for your license, or 50 euros if you paid nothing.

8.2As far as the law allows, we are not liable for indirect or consequential loss, such as lost income, lost recordings or data, or an interrupted performance.

8.3These limits do not apply to damage caused by our intent or gross negligence, to death or personal injury, or to any liability the law does not allow us to limit.

You may end this agreement at any time by deleting the Software. It ends automatically if you breach section 2, and you must then stop using the Software and delete it. Sections 4, 7, 8 and 10 continue after it ends.

Dutch law applies to this agreement. If you are a consumer, you also keep the protection of the mandatory law of the country where you live. Disputes go to the competent court in the Netherlands. As a consumer you may also go to the courts of the country where you live. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

We may update this agreement for new versions of the Software. The version that came with your copy of the Software applies to that copy.

Robin van Soelen, trading as GestureMIDI, KVK 95129014info@robinvansoelen.comgesturemidi.com