End-User License Agreement

This End-User License Agreement ("EULA") is a legal agreement between you ("User" or "you") and Smith Robinson Multimedia LLC ("Company," "we," "us," or "our") for the use of the DISKO desktop application ("Software"). By installing, copying, or otherwise using the Software, you agree to be bound by the terms of this EULA. If you do not agree to these terms, do not install or use the Software.

1. License Grant

Subject to your compliance with this EULA and payment of applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable license to install and use the Software for your personal or professional use on up to three (3) machines simultaneously, registered to a single user. If you purchased a one-time license, that license is perpetual for the major version you purchased (see Section 7). If your access to the Software is provided as part of a DISKO Cloud subscription, your license lasts only as long as that subscription remains active and paid, and ends automatically when the subscription ends.

License activation is managed through a machine fingerprint system. Each machine is identified by a SHA-256 hash of hardware identifiers (hostname, platform, architecture, CPU model, total memory, and network MAC address). You may activate the Software on up to three machines at any time. You may deactivate a machine to free an activation slot for use on a different machine.

2. Trial Period

The Software includes a seven (7) day trial period beginning on the date of first installation. If the Software was first installed on a machine under a version that offered a thirty (30) day trial period, that thirty (30) day period continues to apply on that machine. During the trial period, you may use the full functionality of the Software at no cost. Upon expiration of the trial period, you must obtain a license to continue using the Software — either a one-time purchase or an eligible DISKO Cloud subscription (see the Terms of Service). If you do not, access to the Software will be restricted until a valid license is obtained.

3. Restrictions

Except as expressly permitted by mandatory applicable law, you may not:

• Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, file formats, protocols or underlying structure of the Software or of any third-party component included with it
• Modify, adapt, translate, or create derivative works based on the Software
• Copy (other than archival or backup copies permitted by law), distribute, sell, sublicense, rent, lease, loan or lend the Software to any third party
• Extract, separate or use any third-party component included with the Software except as part of the Software
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices in the Software
• Circumvent, disable, or otherwise interfere with the license activation, machine fingerprinting, or any other security or technical protection measures of the Software
• Use the Software to develop a competing product or service
• Share, publish, or otherwise disclose your license key or activation credentials to any third party

4. Third-Party Software

The Software bundles certain open-source components, each governed by its respective license. These components include, but are not limited to:

• FFmpeg — Licensed under the GNU Lesser General Public License v2.1 or later (LGPL-2.1+). Source available at ffmpeg.org
• ExifTool — Licensed under the Perl/Artistic License. Source available at exiftool.org
• libmpv — Licensed under the GNU Lesser General Public License v2.1 or later (LGPL-2.1+). Source available at mpv.io
• whisper.cpp — Licensed under the MIT License. Source available at github.com/ggerganov/whisper.cpp
• ONNX Runtime — Licensed under the MIT License. Source available at github.com/microsoft/onnxruntime
• sherpa-onnx — Licensed under the Apache License 2.0. Source available at github.com/k2-fsa/sherpa-onnx

A complete list of third-party software and their respective licenses is included with the Software in the THIRD_PARTY_LICENSES file. For LGPL-licensed components, the corresponding source code is available at the respective project URLs listed above.

Camera manufacturer components. To read certain camera RAW formats, the Software may include proprietary decoding libraries licensed to us by camera manufacturers ("Supplier Components"). Supplier Components are not open source. They are licensed, not sold, may be used only as part of the Software, and remain the property of their respective owners. The restrictions in Section 3 apply to them in full. The Software is not certified, sponsored or endorsed by any camera manufacturer.

If you require other software from a camera manufacturer in order to use a feature of the Software (for example the manufacturer's own conversion or grading application), you must obtain that software under a valid license from the manufacturer, and your use of it is governed by the end-user license agreement that accompanies it.

5. AI and Local Processing

The Software includes artificial intelligence features, including but not limited to automatic media tagging and descriptions, face recognition, speech transcription, and speaker diarization. By default this processing is performed on your local hardware using your machine's CPU, GPU, and Neural Engine, and no media files, face data, transcripts, voice embeddings, or AI-generated metadata are transmitted to external servers — with two exceptions that you control: (a) Cloud Sync, when you explicitly enable it (see Section 6); and (b) features that you configure to use your own account with a third-party AI provider, such as the Story Generator, which send the content you select to that provider under your own API key and that provider's terms (see the Terms of Service and the Privacy Policy). AI output may be inaccurate and must be verified before you rely on it.

Face recognition data, including facial embeddings and person associations, is stored exclusively in your local database. Transcripts and speaker diarization results remain on your machine. You are solely responsible for compliance with applicable privacy laws regarding face recognition and biometric data processing in your jurisdiction.

6. Cloud Sync (Optional)

The Software offers an optional cloud synchronization feature that, when explicitly enabled by you, syncs metadata to a hosted PostgreSQL database (Supabase) and media assets to Cloudflare R2 object storage. Cloud Sync is disabled by default and requires your affirmative consent to activate.

When Cloud Sync is enabled, the following data may be transmitted:

• File metadata (tags, AI descriptions, notes, locations, timestamps)
• Thumbnail and proxy images/videos (original files only when you explicitly send them)
• Project and client organization data
• Face recognition data for the people you have identified: names, thumbnail crops and face embeddings
• Transcripts, including the names of identified speakers
• Showcase, client portal, site and portfolio configurations

Cloud features are subject to the separate DISKO Cloud Terms of Service. You may disable Cloud Sync at any time through the Software's settings. Disabling Cloud Sync stops all future uploads but does not automatically delete previously synced data from the cloud.

7. Updates

Your license entitles you to lifetime updates within the purchased major version of the Software, including all bug fixes, performance improvements, and feature additions released under that major version. Future major version releases (e.g., DISKO 2.0) may require a separate paid upgrade, which will be offered at a discounted rate to existing license holders.

Updates may be delivered automatically or made available for manual download. We are not obligated to provide updates indefinitely, and we reserve the right to discontinue updates at our discretion.

Features of the Software may be updated, modified, replaced or discontinued over time, including support for third-party file formats that depends on components licensed to us by others.

8. Ownership

The Software, including all code, design, documentation, trademarks, and associated intellectual property, is and remains the exclusive property of Smith Robinson Multimedia LLC and its suppliers and licensors. The Software is protected by copyright and other intellectual property laws and treaties. This EULA does not grant you any ownership interest in the Software; it grants only a limited license to use the Software as described herein, and all rights not expressly granted are reserved by Smith Robinson Multimedia LLC and its suppliers and licensors.

All media files, metadata, transcripts, AI-generated tags, and other content you create or import using the Software ("Your Content") remains your sole property. We claim no ownership or license over Your Content.

9. Data and Privacy

The desktop Software collects a machine fingerprint (SHA-256 hash of hardware identifiers) solely for the purpose of license activation and enforcement. This fingerprint is transmitted to our licensing server during activation and deactivation.

The desktop Software does not include telemetry, usage tracking, analytics or automatic crash reporting. Beyond license activation and validation, the Software connects to the internet only to: check for and download updates; download the AI models it needs on first use; send a bug report when you explicitly submit one (your description, recent application logs and a summary of library statistics — never media); and for features you turn on or connect yourself, such as Cloud Sync, online place-name lookup (off by default), Google Drive libraries, and third-party AI providers used with your own key. Your media library, metadata and AI processing results remain on your machine unless you use one of those features.

For information about data practices related to optional cloud features, please refer to our Privacy Policy.

10. Disclaimer of Warranties

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

OUR SUPPLIERS AND LICENSORS MAKE NO WARRANTIES, CONDITIONS, REPRESENTATIONS OR TERMS, EXPRESS OR IMPLIED, WHETHER BY STATUTE, COMMON LAW, CUSTOM, USAGE OR OTHERWISE, AS TO THE SOFTWARE OR ANY COMPONENT OF IT, INCLUDING NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, INTEGRATION, MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR ANY PARTICULAR PURPOSE.

WE DO NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPATIBLE WITH ALL HARDWARE CONFIGURATIONS. WE DO NOT WARRANT THE ACCURACY OF AI-GENERATED TAGS, FACE RECOGNITION RESULTS, OR TRANSCRIPTIONS.

WE ARE NOT RESPONSIBLE FOR ANY LOSS OF DATA, MEDIA FILES, OR METADATA. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUPS OF YOUR CONTENT.

THE SOFTWARE INCLUDES TOOLS — SUCH AS EXTENSIONS AND PANELS FOR THIRD-PARTY EDITING APPLICATIONS AND PROJECT/TIMELINE EXPORTS — THAT CAN CREATE, MODIFY, MOVE, COPY OR REORGANIZE PROJECT FILES, SEQUENCES, MEDIA AND FOLDERS ON YOUR COMPUTER AND INSIDE THOSE APPLICATIONS. THEIR BEHAVIOR DEPENDS ON THIRD-PARTY SOFTWARE WE DO NOT CONTROL. SAVE AND BACK UP YOUR PROJECTS BEFORE USING THEM; WE ARE NOT RESPONSIBLE FOR CHANGES TO OR LOSS OF SUCH FILES.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMITH ROBINSON MULTIMEDIA LLC, ITS SUPPLIERS AND LICENSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, MEDIA FILES, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SOFTWARE.

IN NO EVENT SHALL ANY SUPPLIER OR LICENSOR BE LIABLE TO YOU FOR ANY DAMAGES, CLAIMS OR COSTS WHATSOEVER ARISING FROM THIS EULA OR YOUR USE OF THE SOFTWARE OR ANY COMPONENT OF IT.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU ACTUALLY PAID FOR THE SOFTWARE LICENSE.

Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you.

12. Termination

This EULA is effective until terminated. Your rights under this EULA will terminate automatically without notice if you fail to comply with any of its terms. We may also terminate this EULA if we determine, at our sole discretion, that you have violated any provision herein.

You may terminate this EULA at any time by uninstalling the Software and destroying all copies in your possession. Upon termination for any reason, you must:

• Cease all use of the Software immediately
• Uninstall the Software from all machines
• Delete or destroy all copies of the Software in your possession or control

Termination of this EULA does not affect Your Content, which remains your property. Sections 3, 4, 8, 10, 11, 13, 14, and 15 shall survive termination.

13. Governing Law and Dispute Resolution

This EULA shall be governed by and construed in accordance with the laws of the State of New Hampshire, United States, without regard to its conflict of law principles.

Any dispute arising out of or relating to this EULA or the Software shall be resolved exclusively in the state or federal courts located in Rockingham County, New Hampshire, and you consent to the personal jurisdiction of such courts.

For users in the European Union, this choice of law and forum does not deprive you of mandatory consumer protection rights under the laws of your country of residence.

14. U.S. Government End Users

The Software is "Commercial Computer Software" as defined at 48 C.F.R. §2.101. If acquired by or on behalf of the U.S. Government, use, duplication, or disclosure is subject to the restrictions set forth in this Agreement pursuant to 48 C.F.R. §12.212 and 48 C.F.R. §227.7202.

15. Contact

If you have questions about this EULA, please contact us: