Last revised: 2026-09-23 Nyx Resonance Inc.
By downloading, installing, or using the Nyx Console application ("Console"), you ("Host") agree to be bound by these Host Terms of Service ("Host Terms"). If you are accepting on behalf of an organization, you represent that you have authority to bind that organization. These Host Terms incorporate our Privacy Policy by reference, and, where you activate WAN Mode, the Nyx WAN Broadcasting Addendum.
You must be at least 18 years of age and capable of entering into a legally binding agreement to act as a Host. Business entities must have legal authority to operate in their jurisdiction.
The Console allows you to create and manage live audio broadcast sessions and transmit audio to Listeners connected to your local WiFi network ("LAN Mode"). Transmission of audio to remote internet-connected Listeners ("WAN Mode") is a separate feature governed by the Nyx WAN Broadcasting Addendum, which you must accept before activating WAN Mode.
4.1 Licence. Subject to your compliance with these Host Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to install and use the Console on computers you own or control, solely to operate live audio broadcast sessions for your events. All rights not expressly granted are reserved by Nyx Resonance Inc. and its licensors.
4.2 Restrictions. You may not: (a) copy the Console except as reasonably necessary for backup; (b) modify, translate, or create derivative works of the Console; (c) reverse engineer, decompile, or disassemble the Console except to the extent applicable law expressly permits; (d) rent, lease, sell, sublicense, or distribute the Console; (e) circumvent or disable any technical protection, token authentication, or stream encryption measures; or (f) use the Console to interfere with the Services, other Hosts' sessions, or any third-party network. Open-source components included in the Console are licensed under their own terms, which prevail over this section.
You agree to provide accurate, current, and complete account information and to keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activity — including all broadcasts — that occurs under your account. Notify us immediately at support@nyxresonance.com if you become aware of any unauthorized use of your account.
6.1 Event Tokens and Fees. Certain Console features, including session activation, may require the purchase of event tokens or payment of other fees, as presented to you at the time of purchase. Payments are processed by Stripe, Inc.; Stripe's terms and privacy policy apply to payment processing, and we do not store your full payment card details.
6.2 Subscriptions. We may offer subscription plans. Subscriptions are billed at the stated interval until cancelled. We will give you advance notice by email of any change to subscription pricing; if you do not agree, you may cancel before the change takes effect. You may cancel a subscription at any time, effective at the end of the current billing period.
6.3 Taxes. Fees are exclusive of applicable taxes (including GST/HST and provincial sales taxes), which you are responsible for paying.
6.4 Refunds. Except as required by applicable law, fees are non-refundable once an event token has been activated. Unactivated event tokens may be refunded within 14 days of purchase on request to support@nyxresonance.com.
You represent and warrant that:
(a) You own, or have obtained all necessary rights, licenses, and permissions for, all audio content you broadcast through the Console;
(b) You have not obtained any such rights through a personal streaming subscription (including Spotify, Apple Music, Amazon Music, Tidal, or any similar service). Such subscriptions grant personal non-commercial listening rights only and do not authorize public broadcasting or transmission to an audience;
(c) Your broadcast content does not infringe any copyright, trademark, privacy, publicity, or other intellectual property or personal rights of any third party;
(d) Your broadcast content complies with all applicable laws, including laws governing defamation, hate speech, harassment, privacy, and obscenity.
You retain all ownership and rights in your broadcast content. You grant Nyx Resonance Inc. a worldwide, non-exclusive, royalty-free licence to receive, buffer, transcode, transiently cache, and transmit your broadcast audio, solely as necessary to operate and deliver the Services — including delivery to Listeners over your local network and, in WAN Mode, through Cloudflare Realtime infrastructure — and to comply with applicable law. This licence ends when transmission of your session ends, except for transient copies made in the ordinary operation of the Services. We claim no other rights in your content and will not distribute, exploit, or monetize it for any other purpose.
9.1 Your Responsibility. Broadcasting copyrighted musical works or sound recordings without appropriate authorization is prohibited and may expose you to significant legal liability. Nyx Resonance Inc. does not hold music licenses on your behalf.
9.2 Canadian Performance Rights (LAN Mode). By broadcasting at an event in Canada, you represent and warrant that the event takes place at a venue that holds the public performance licences applicable to the performance, including a licence from SOCAN (Society of Composers, Authors and Music Publishers of Canada) and, where applicable to sound recordings, Re:Sound. You agree not to broadcast at any venue that does not hold the applicable licences.
9.3 US Performance Rights (LAN Mode). By broadcasting at an event in the United States, you represent and warrant that the event takes place at a venue that holds the applicable public performance licences from the relevant Performing Rights Organizations, including ASCAP, BMI, and SESAC as applicable. You agree not to broadcast at any venue that does not hold the applicable licences.
9.4 WAN Mode. Internet transmission of audio triggers separate and additional copyright obligations that differ from venue performance licensing. See the Nyx WAN Broadcasting Addendum.
9.5 No Platform License. DMCA safe harbor protection and equivalent Canadian notice-and-takedown procedures protect Nyx Resonance Inc. against liability for your content. They do not grant you any license to use copyrighted material, and do not shield you from claims by rights holders.
You agree not to broadcast content that:
(a) Infringes the intellectual property rights of any party, including copyrighted music played without a license;
(b) Is defamatory, threatening, harassing, or incites violence against any person or group;
(c) Constitutes hate speech targeting individuals or groups based on protected characteristics;
(d) Is sexually explicit, obscene, or harmful to minors;
(e) Promotes or facilitates illegal activity;
(f) Includes the voice, likeness, or personal information of any individual without their consent, where consent is required by applicable law (including two-party consent laws in California, Florida, Pennsylvania, and other jurisdictions).
We have the right, but not the obligation, to monitor sessions and session metadata for the purposes of security, service integrity, and enforcement of these Host Terms. We do not pre-screen broadcasts and assume no duty to do so. We may suspend a session in progress or disable your access where we reasonably believe a broadcast violates these Host Terms or applicable law, including in response to reports from Listeners or rights holders.
12.1 Designated Copyright Agent. Pursuant to 17 U.S.C. § 512(c)(2), Nyx Resonance Inc. has designated the following agent to receive notices of claimed copyright infringement:
Copyright Agent: Nyx Resonance Inc. — Designated Copyright Agent Address: Registered office of Nyx Resonance Inc., Edmonton, Alberta, Canada Email: support@nyxresonance.com
12.2 Notice Requirements. A valid infringement notice must include: (i) identification of the copyrighted work claimed to be infringed; (ii) identification of the infringing material and sufficient information to locate it; (iii) contact information for the notifying party; (iv) a statement of good faith belief that the use is not authorized; (v) a statement of accuracy under penalty of perjury; and (vi) the physical or electronic signature of the rights holder or authorized agent.
12.3 Counter-Notification. If you believe content was disabled in error, you may submit a counter-notification to the Copyright Agent in accordance with 17 U.S.C. § 512(g)(3).
12.4 Repeat Infringer Policy. We will terminate the accounts of Hosts who are determined to be repeat infringers. A Host account that receives three valid copyright infringement notices will be subject to permanent termination. We reserve the right to terminate accounts at our sole discretion upon fewer notices where circumstances warrant.
12.5 Canadian Copyright Compliance. For Canadian copyright purposes, Nyx Resonance Inc. maintains a notice-and-notice regime in accordance with the Copyright Act (Canada). Notices received from rights holders regarding alleged infringement will be forwarded to the relevant Host account holder.
You agree to indemnify, defend, and hold harmless Nyx Resonance Inc., its parent, subsidiaries, officers, directors, employees, affiliates, and agents from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:
(a) The audio content you broadcast, including any claim that your content infringes a third party's intellectual property rights;
(b) Your use of or access to the Console;
(c) Your violation of these Host Terms or any applicable law;
(d) Any claim brought by a Listener or third party arising from your broadcast session;
(e) Any failure to obtain required music or performance licenses.
The Console and associated Nyx Player application constitute an internet-based online audio service. Nyx Resonance Inc. is not a "broadcasting undertaking" within the meaning of the Canadian Broadcasting Act, and does not claim to be. Nyx Resonance Inc. is not subject to Canadian content (CanCon) quotas or traditional broadcasting licensing requirements. This classification should be maintained in any marketing or public-facing descriptions of your events.
Our collection and use of your personal information is described in our Privacy Policy. Business contact information provided to us for account purposes is collected and retained in accordance with PIPEDA and applicable provincial law. You are responsible for ensuring your use of the Console complies with applicable privacy laws, including obtaining any consents required before recording or transmitting the voices or personal information of event participants.
Features identified as beta, preview, or pre-release are provided as-is, may be modified or discontinued at any time without notice, and are excluded from any support commitment. Do not rely on beta features for production events without a fallback.
THE CONSOLE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT UNINTERRUPTED OPERATION, COMPATIBILITY WITH ALL NETWORK ENVIRONMENTS, OR FITNESS FOR ANY PARTICULAR BROADCAST PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, VOYAGEUR INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF REVENUE, DATA, OR REPUTATION, ARISING OUT OF OR RELATED TO YOUR USE OF THE CONSOLE OR THE CONTENT YOU BROADCAST. OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIM SHALL NOT EXCEED THE FEES YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.
We may suspend or terminate your access to the Console immediately upon: (a) a violation of these Host Terms; (b) a finding that you are a repeat copyright infringer; (c) conduct causing harm to Listeners, third parties, or Nyx Resonance Inc.; or (d) non-payment of applicable fees. You may close your account at any time by contacting support@nyxresonance.com; closure does not entitle you to a refund except as provided in Section 6.4. Upon termination, your licence to use the Console ceases. Sections 8 (as to transient copies), 13, 17, 18, and 23 survive termination.
You represent and warrant that you are not located in a country subject to a US Government embargo or designated by the US Government as "terrorist supporting," and that you are not listed on any US or Canadian government list of prohibited or restricted parties. You agree to comply with all applicable Canadian and US export control laws in connection with your use of the Console.
These Host Terms are governed by the laws of the Province of Alberta and the federal laws of Canada applicable therein. Any dispute shall be subject to the exclusive jurisdiction of the courts of Alberta. Nothing in these terms limits rights you may have under applicable consumer protection legislation.
We may update these Host Terms. We will provide at least 30 days notice of material changes by email or in-Console notice before they take effect. Continued use after the effective date constitutes acceptance.
These Host Terms, together with the Privacy Policy and (where accepted) the Nyx WAN Broadcasting Addendum, constitute the entire agreement between you and Nyx Resonance Inc. regarding the Console and supersede all prior agreements on that subject. If any provision is found unenforceable, it will be limited or severed to the minimum extent necessary and the remainder will remain in effect. Our failure to enforce any right is not a waiver of it. You may not assign these Host Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets. Nothing in these Host Terms creates any agency, partnership, or employment relationship. Neither party is liable for failure or delay caused by events beyond its reasonable control, including power outages, network failures, or failures of third-party infrastructure; this does not excuse payment obligations.
Legal questions: support@nyxresonance.com Support: support@nyxresonance.com Copyright Agent: support@nyxresonance.com Privacy Officer: support@nyxresonance.com