Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR APPLICATION.

These terms and conditions ("Terms") and the documents referred to within them tell you the rules for using our web application, Thol ("our Application" or "the Service").

1. Who We Are and How to Contact Us

Thol is an application operated by Black Goblin Audio Limited ("We", "Us", "Our"). We are a limited company registered in Scotland under company number SC599987 and have our registered office at Suite 2, Ground Floor, Orchard Brae House, 30 Queensferry Road, Edinburgh, Scotland, EH4 2HS.

To contact us, please email support@thol.app. For any data privacy matters, please use the contact details in our Privacy Policy.

2. By Using Our Application You Accept These Terms

By creating an account, accessing, or using our Application, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Application.

Your use of our Application is also subject to our Privacy Policy, which explains how we collect and process your personal data. By using the Application, you acknowledge that you have read and understood our Privacy Policy. Our Cookie Policy provides detailed information about the cookies we use and how you can manage your consent choices.

3. The Thol Service

Thol is a specialised web application designed to assist sound design professionals by automating the "spotting" of sound effects in a video. The Service functions as follows:

• You upload a video file ("Your Content").
• The Application uses AI services to analyse the video and detect distinct scenes and audible actions.
• The Application generates a MIDI file and associated data containing markers corresponding to these detected sounds, timed to your video ("Generated Files").
• You can then download these Generated Files for use in your professional audio workstations. The Generated Files are optimised for ProTools but are designed to be compatible with other standard digital audio workstations.

4. Private Beta Status

The Thol service is currently offered as a "Private Beta." By using the Application, you acknowledge and agree that the Service is provided for testing and evaluation purposes, may contain bugs or errors, and that we may change, suspend, or withdraw any part of the service at any time.

5. Your Account

To use Thol, you must create an account. You are responsible for all activity that occurs under your account.

• You must treat your account password and any other security information as confidential and not disclose it to any third party.
• You must promptly notify us at support@thol.app if you know or suspect that anyone other than you has access to your account.
• You can manage your account information or permanently delete your account and all associated data via your 'Account' page within the Application. Account deletion is an irreversible process, as detailed in our Privacy Policy.

6. Your Content, Generated Files, and Intellectual Property

6.1. Your Ownership

We claim no ownership rights over the video files you upload ("Your Content") or the resulting MIDI and other data files ("Generated Files"). You retain all ownership, intellectual property, and other rights to Your Content and your Generated Files.

6.2. The Limited Licence You Grant Us for Processing

In order to provide the Service, you grant Black Goblin Audio a temporary, limited, non-exclusive, royalty-free, worldwide licence to use, reproduce, and store Your Content for the sole purpose of:

• Securely transferring and processing Your Content to create your Generated Files.
• Securely storing Your Content on our cloud infrastructure to make it accessible to you within your account after analysis.

Your original video file is stored securely after processing and remains linked to your account. It is permanently deleted if you choose to delete your account, or if your account is deleted due to inactivity as described in our Privacy Policy. You may also request the specific deletion of Your Content at any time. As Your Content is your responsibility, you should exercise caution regarding the content of the videos you choose to upload.

6.3. Our Intellectual Property

We are the owner or the licensee of all intellectual property rights in our Application, including the software, design, branding, and underlying technology. You must not use any part of our Application for commercial purposes without obtaining a licence to do so from us. You shall not conduct, facilitate, or authorise any text or data mining, web scraping, reverse-engineering, or decompiling in relation to our Application or any services accessible through it.

7. Third-Party Services (Sub-processors)

To provide the Thol service, we rely on essential third-party service providers. By using our Application, you acknowledge that we will share and process your data with these sub-processors as detailed in our Privacy Policy.

8. Limitation of Liability for Private Beta

As the Service is currently in a Private Beta phase, you agree to use it as a business user for evaluation purposes. The following limitations of liability apply:

• The Service is provided "as-is" and "as-available" without any warranties.
• We exclude all implied conditions, warranties, or representations that may apply to our site.
• We will not be liable for any loss or damage, whether in contract, tort, or otherwise, arising from your use of this beta service, including loss of profits, sales, business interruption, or loss of business opportunity.
• The AI-generated analysis and resulting Generated Files are provided as a tool to assist your workflow. You are responsible for verifying all results and outputs from the Service before use.

9. Account Deletion

You may permanently delete your account at any time from your 'Account' page. This action is irreversible and will trigger the secure deletion of your data as described in our Privacy Policy.

10. Acceptable Use Policy

When using our Application, you must comply with the following terms. You must not misuse our Application by knowingly introducing viruses or other malicious material, or by attempting to gain unauthorised access to our systems. Doing so is a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them.

11. Governing Law and Jurisdiction

These Terms, their subject matter, and their formation are governed by Scottish law. As a business user, you agree with us to the exclusive jurisdiction of the courts of Scotland.

12. Changes to These Terms

We amend these Terms from time to time. Every time you wish to use our Application, please check these Terms to ensure you understand the rules that apply at that time.