Audioloom General Terms and Conditions

Introduction

We are Audioloom Inc., a Delaware registered corporation, and our registered address at 4229 FM 620 N STE 119 AUSTIN, TX 78734. We provide innovative solutions to creators that facilitate the creation and distribution of audio plugins and other software.

These terms and conditions for customers (the “Terms”) govern your purchase of the software product that you are purchasing through this website (the “Product”), where we act as the seller as further explained below. When you place an order for a Product with us, you're agreeing to these Terms. Please read the Terms carefully before you purchase any Product.

Any reference to “we”, “us” or “our” in these Terms is to the legal entity set out in the first paragraph above, and any reference to “you” or “your” is to the person or entity placing the applicable order. If you are acting on behalf of another person or entity, you represent that you are authorized to act on behalf of that person or entity.

Your agreement with us for the purchase of any Product (the “Agreement”) will consist of your order form and these Terms, including any terms and conditions incorporated by reference, which shall have priority in the aforementioned order in case of an interpretation conflict.

User Agreement

A Product will normally come with its own license Agreement, terms of use, or similar terms and conditions, that establish the legal framework applicable between you and the us in relation to your use of the Product (“User Agreement”).

Your access to and use of a Product will require that you accept the User Agreement separately, normally by clicking an acceptance button or similar action when you first use the product. Please read the User Agreement carefully before making an order, and contact us if the User Agreement is not available to you when ordering from us.

We are not party to the User Agreement, nor are we responsible for either party's adherence to its terms. We make no representations, express or implied, regarding the nature or scope of your rights under the User Agreement. Our Agreement is distinct and independent from the User Agreement, and neither agreement is intended to affect the rights or obligations of the other.

The ordering process

It is your responsibility to check that the Product fits your needs and expectations and that your digital environment meets any minimum technical requirements for the Product.

You must adhere to our ordering process to purchase a Product, and any Agreement arising out of your order will be deemed based on your order, as reflected on checkout and in our order confirmation. You may only select the alternatives for your order that are provided in the ordering process.

The ordering process requires you to provide certain personal details as necessary to fulfill the transaction and to confirm the order by clicking a box or similar action on our webpage. This serves as your electronic signature, and your confirmation that you have that you have read, understood, and agree to the Terms. You are responsible that the information provided by you in the order is correct.

Orders are not binding on us until they have been paid by you and confirmed by us. We will confirm receipt of your order by sending you an order confirmation to the email address that you provide. An acknowledgment from us of receipt of your order is not an order confirmation. We reserve a commercially reasonable time for processing your order and the transmission of our confirmation to you, and we reserve the right to reject any order without explanation to you. We will notify you in case your order is rejected, in which case your order will also be automatically canceled. You must check your order confirmation and notify us immediately if you discover any error in it.

If you would like to make any changes to your order after you have submitted it, you must contact us as soon as possible. You may also request a cancellation of your order until the Product has been made available to you. We will let you know if it is possible to change or cancel your order. You lose your right to change or cancel the order once you download or activate the Product.

We reserve the right to cancel your order if there has been an error regarding the pricing or any other details of a Product, and this affects your order. If this occurs we will contact you using the contact details you provided when you placed your order and give you the option to re-confirm your order at the correct price or to cancel your order and get a full refund. If we are unable to contact you, or if you fail to respond to our request within 24 hours, we may treat the order as canceled and notify you by e-mail.

If you are a consumer you may have additional rights of cancellation or withdrawal under applicable laws.

Product delivery and activation

Following your payment and our confirmation of your order, you will receive the Product via an access link. If you are a registered customer with us, you may also see the download details by logging into your account and going to Licenses. We do not guarantee that your Product will be available for download at any given time, or that access to the download link or the Product will be uninterrupted, error-free, or secure.

It is your responsibility to download and install the Product. Depending on the Product, you may also receive a license key or similar activation measure that you must use to activate and use your Product. Most Products will require you to accept a User Agreement as part of the installation process.

We are not responsible if you do not receive the information required to download or activate the Product because you have provided incorrect, incomplete, or outdated information to us.

Prices and payments

You shall pay the purchase price for the Product and any other costs listed in the order, as calculated and displayed during the ordering process and in the order confirmation. Certain Products may offer a free trial period, in which case you must cancel the purchase before the expiration of the trial period to avoid being charged. Products that are sold on a subscription basis will automatically renew until cancelled, unless otherwise explicitly agreed.

All prices quoted by us are in the stated currency and only include such sales and import taxes that are explicitly stated, in respect of the jurisdiction of delivery as stated in the order. Sales tax includes any tax, duty, or fee payable to a governing body in a jurisdiction for the sales of a Product, including VAT, GST, and similar taxes. Import tax includes any tax, duty, or fee payable to a governing body in a jurisdiction for the delivery of a Product to that jurisdiction. You are responsible for any additional taxes, duties, and fees incurred by you in connection with your purchase.

We will charge you according to your selected payment method, among the payment alternatives provided in the ordering process. If you pay by card or through a payment services provider, we will take payment when you place your order, as a prerequisite for processing your order. Paid subscriptions will be charged be on the start of each subscription period, depending on the length of the subscription (e.g., monthly, annually, etc.).

If your payment alternative assumes payment to us after the placement of your order, we may cancel your order if we have not received your payment when it is due. You will remain responsible for any unpaid amounts where we cancel due to a payment default by you.

You agree to receive all invoices and receipts from us in an electronic format.

You will notify us before raising a request for a chargeback or similar to any transaction with us. If you dispute a legitimate charge from us by raising a chargeback, without merit or legitimate reason, whether fraudulently or otherwise, we reserve the right to deny further orders from you (as determined at our sole discretion). Any chargeback not agreed with us will be deemed as a termination of the order by you, and result in a revocation of the license to the Product associated with your order.

If you are charged sales tax on your order, and you are registered for sales tax in the country where the purchase was made, you may qualify for a refund of the sales tax in accordance with the laws of that country. To be eligible for a sales tax refund, you must contact us within 60 days of completing the purchase and provide a valid sales tax registration number for your country. We may charge a fee for the processing of such refund requests, which will be deducted from the refund.

We will issue any refunds to the same payment method you used when you placed your order with us.

Intellectual property rights

The details of your rights to the Product will be outlined in the User Agreement. You acknowledge that you will be granted a license to use the Product, not ownership and that your license will be subject to limitations and conditions as are set out in the User Agreement.

Your purchase of a Product shall not transfer any intellectual property rights between us, nor shall any such transfer of rights be otherwise implied.

Personal data

Any personal data that you provide to us will be processed in line with our Privacy Policy available at https://www.audioloom.com/privacy-policy/ , which explains what information we collect and hold about you, and how we collect, store, use, and share such information.

If you provide personal data to us concerning another person, you represent that you have valid and legal grounds for such processing of their personal data, including the transfer to us. We will become data controllers of any personal data provided to us.

Limitations of liability

We do not guarantee that any Product will meet your needs or expectations, or that any Product will be provided free of errors. We shall not be liable if we fail to comply with these Terms because of circumstances beyond our reasonable control.

Your User Account and any similar services provided by us are provided on an “as is” and “as available” basis only, and we expressly do not guarantee that your access to such facilitates will be uninterrupted, error-free, or secure.

We shall not be shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of our services or purchase of Products, including loss of profits, data, use, goodwill, or other intangible losses. Our maximum aggregate liability in respect of any Product purchased through us shall in any event be limited to the price paid by you for that Product, excluding taxes.

Amendments

We reserve the right to amend these Terms at any time, without prior notice to you. Any such amendments will be made available on our website. The Terms that apply to your Agreement will be those in force when you submitted your order to us.

Communications

You consent to receive electronic communications from us concerning the Agreement and any aspect of our services. All notices, documents, and other communications provided electronically will be considered equivalent to written communications. You also agree to the use of electronic signatures.

Communications sent to the email address you have registered with us will be regarded as having been delivered to you once transmitted. It is your responsibility to ensure that our communications are not obstructed by spam filters or similar barriers.

Communications from you to us should be directed to our customer service team, as detailed on our website. Unless specifically stated or agreed upon in separate terms, we do not acknowledge communications sent through channels other than those designated for customer service. Any communication with us should include your order number and the email address used to purchase the product.

Transfer of rights

We may transfer our rights and obligations under the Agreement as set out in the Terms. You may not transfer your rights and obligations under the Agreement without our prior written consent.

Governing law and disputes

These terms and conditions are governed by and construed in accordance with the laws of Texas and the Unites States of America, and you irrevocably submit to the exclusive jurisdiction of the courts in that Province or location.