Terms and Conditions
SOFTUBE AB TERMS AND CONDITIONS OF PURCHASE
FOR HARDWARE, PLUG-INS AND OTHER SOFTWARE PRODUCTS
About these Terms
These Terms apply when you purchase Products (as defined below) provided by Softube AB (“Softube”, “we”, “us” or “our”) at softube.com. You can find our contact information at the end of these Terms.
Hello! We are happy to be part of your creative process--now and in the future!
We assume you are purchasing our Products for your own use or on behalf of an entity that you represent. In the latter case, “you” refers to the entity you represent. Before you purchase or download any Products, please read these Terms and any other document we refer to herein.
1. Applicability of the Terms and the EULA
These Terms apply to the purchase of Products provided by us at softube.com (hereinafter referred to as “website”). We offer hardware products (“Hardware”) and software plug-ins, various applications and products for the audio industry via licenses, including but not limited to high-end computer recording plug-ins under our own brand and for other reputable companies in the audio industry (collectively “Software”). Hardware and Software is collectively referred to in these Terms as “Products”.
You will need to accept these Terms together with the applicable End User License Agreement (the “EULA”) for your Product and any other referenced document in connection with your order of any of our Products.
No modifications or reservations to these Terms apply unless expressly accepted by us in writing. Please contact us prior to making any purchase if you have any questions about our Products, these Terms, the EULA or any information provided by us.
These Terms together with our EULA and any other referenced document in connection with your purchase as well as your order, as confirmed by our order confirmation, shall be regarded as a binding contract between you and us. If statutory rights in your country of residence, that are more favorable for you as a consumer, do apply, such rights shall however take precedence before the referred documents to the applicable extent.
2. Our Products
1. Our Software
When you purchase our Software, you purchase a right to download and use our Software for the intended purpose, i.e. a license, subject to the provisions in our EULA. We or our third-party licensors, still own the software and the intellectual property rights behind the Software. We have information and descriptions of all our Software available on the pages on our website dedicated to our various Software. There you can read more about the different Software, specific hardware requirements, the price, license options and other necessary information for you in order to fully enjoy our Software.
Available license options
We provide you and other users our various Software via different license models, and for different terms. The current license models are always displayed and explained on our website and you can also find a general description of our license models in the EULA. We may also have limited offers with other options on our website or via our partners than those explicitly mentioned in these Terms or the EULA.
The license model indicated in connection with your order will apply for your purchase of the relevant Software.
We also have third-party partners that may offer our Software via other options or provide or sell our Software by themselves or on our behalf, e.g. by giving you access to our Software via codes or gift cards that you may trade for access to our Software. If so, your purchase may be subject to separate terms and conditions, which in such case may apply to your purchase as well (i.e. in addition to these Terms and the EULA).
2. Our Hardware
When you purchase our Hardware, you purchase a physical product, but as the Hardware needs software for its function you also purchase a right to download and use such software for the intended purpose, i.e. a license, subject to the provisions in our EULA. We or our third-party licensors, still own the software and the intellectual property rights in the Hardware and the software provided therewith. This also applies to any software already installed in the Hardware upon delivery (if any).
We have information and descriptions of all our Hardware available on the hardware pages on our website. There you can read more about the Hardware, specific requirements, the price, the license and other necessary information for you in order to fully enjoy our Hardware and the software included with the Hardware. For our Software which you later may purchase for use on the Hardware or standalone Software which is provided in a bundled purchase together with the Hardware, specific license terms apply in accordance with the above.
We also have third-party partners that may offer our Hardware themselves or on our behalf. If so, your purchase may be subject to separate terms and conditions, which in such case may apply to your purchase as well (in addition to the EULA).
License for Software in Hardware
Our Hardware includes certain software that you have the right to use on a perpetual basis (“Perpetual License”) according to these Terms and the EULA. Information on the software included with the Hardware (both software installed prior to delivery (if any) and software downloadable by you) is stated on the Hardware pages on our website.
We may also have limited offers with other options on our website or via our partners than those explicitly mentioned in these Terms.
3. Product System Requirements and updates for your Software or software included with or in Hardware
All our Products (including software included with Hardware) each have individual minimum system, software, hardware and/or Software requirements (jointly “System Requirements”), which are set out on our website and made available prior to making any purchase. Please check the relevant Product’s System Requirements and its compatibility with your system, software, hardware and/or Software, as applicable, so you make sure you are able to enjoy our Product completely. Softube takes no liability for the Products’ functions and/or compatibility with other systems, software, hardware and/or Software other than the System Requirements explicitly recommended on our Product page for each Product.
When you have purchased a Product, we will inform you of and make available to you updates, including security updates, for the Product, to the extent necessary to ensure that the Product meet the functions specified to you at the time of your order. If you are a consumer we will provide you with such updates for such a period of time that we deem that you may reasonably expect or, if longer, which corresponds to your statutory rights. Please note that any updates provided by us may require that your technical environment is kept compliant with the applicable System Requirements for the relevant Product. We therefore always recommend that you save a copy of the applicable System Requirements for your purchased Products for future reference.
3. Orders, Delivery and Installation
1. Special requirements if you are under the age of 18
If you are under the age of eighteen (18), or the applicable age of legal majority in your country or jurisdiction, you must (i) obtain the permission of your parent or guardian prior to purchase of Products, and (ii) obtain any necessary authorization from your parent, guardian or applicable third party to charge the credit card or other payment method you use.
2. Your purchase order and order confirmation
When you have finalized your order of a Product, one of two things will happen:
1. We send you an order confirmation. The order confirmation is a confirmation that we have received and accepted your order and is a binding agreement of your purchase. The order confirmation will be sent to you regarding your purchase of Hardware and Software when we have you accepted your order and after receipt of payment.
2. We send you a preliminary order confirmation. If you receive a preliminary order confirmation, this is only a notification to you that we have received your purchase order and not an acceptance, as we may need to check the details of your order. A binding agreement of your purchase will then only arise when we confirm your purchase by sending you a final order confirmation (see 1 above).
Please note, in case of errors in prices or other information, please see below under the section 5 “Prices and Information”, which in some cases may mean that your order is not binding despite us having sent you an order confirmation.
Please note that your order confirmation may contain important information regarding your access to any purchased Software. Therefore, we always recommend that you save the order confirmation in order to facilitate any future communication you may have with us regarding your purchase.
To purchase any of our Products, you need to register a Softube account at our website. We give you detailed information in the section 8 “Softube Account”.
We reserve the right to refuse your order, for example, if you have entered incorrect information in connection with the order or if the order cannot be met. Thus, unless and until we have sent you an order confirmation, your order is not binding for us. The same applies if we have only sent you a preliminary order confirmation, as stated above.
3. Delivery of Software and software included with Hardware
We deliver all our Software and software included with Hardware to you via electronic means (which of course requires sufficient connection to the internet), and you need to enable us to deposit your license somewhere. Therefore, in addition to a Softube account you also need a license management partner, such as iLok, to manage your licenses. Before you have any of these accounts (or if such accounts for some reason are not accessible), we cannot deliver your license to you, and meanwhile your license will thus be in a pending state until we can deposit the license to your license management account. As soon as this process is finished, you will be able to access any Software and software for Hardware that you have purchased from us and may install it as set out below. The same applies if we or you need to make any other license management action, in which case access to such license management partner is necessary.
We recommend that you download the Softube Central App, which is Software available for download on our website, log in with your Softube account (Softube Central) and follow our instructions at www.softube.com/my-account in order to install your Software and software for Hardware.
After you have downloaded and installed the Software and/or software for Hardware via Softube Central, you can go all in and rock ’n’ roll and intuitively learn how to use your Software or Hardware. You can find more detailed information in our manuals.
4. Delivery of Hardware
The Hardware is physical goods and information on all delivery and shipment methods, including applicable prices for such delivery and shipment methods, will be available on the website in connection with your order.
If you are not a consumer and unless otherwise stated in our order confirmation, all sales to businesses are Ex Works (Incoterms 2020), Softube’s designated location as further specified in connection with your purchase.
We will use reasonable efforts to meet requested delivery dates but will not be liable for any failure to do so.
4. Cancellations and Right to Withdrawal
When purchasing any of our Products, you have the right to withdraw any order - without giving us any reasons - up to fourteen (14) days after you (or a third party appointed by you (other than the carrier, if applicable)) received the Product. If you wish to withdraw your order, you need to notify us within this period of fourteen (14) days. In order to exercise your right of withdrawal you may log in to your Softube account on the website and follow the return instructions there. If you are a consumer, you may also fill in the standard form for withdrawal, which you can find at softube.com/withdrawal-form and send it to us. Please note, the right to withdraw from an order does not apply if you purchase a Product in the capacity of a reseller, distributor or similar arrangement or if you’ve purchased the Product from anyone else other than us.
When we have received your notification about your withdrawal, we will approve the return and notify you about the procedure to return the product.
If you withdraw from your purchase, Softube will reimburse all payments received from you, in exchange for deleting the license of the Software you have received and/or re-sending us the Hardware at your expense. If you have purchased Software and/or other software products together with Hardware as a bundled purchase, you may withdraw from such bundled purchase only as a whole, and not partly. This means that you must return all Products contained in the bundled purchase, including, if any, such Products provided by us for free in return of personal data or otherwise. We may withhold reimbursement for your Software until you have enabled us to delete the license from your account, which we cannot do unless you follow the instructions we give you in this regard (which i.e. means that we need to see the license on your license management account to be able to revoke the same) and/or we have received the Hardware. We may depreciate the amount to be reimbursed if the Hardware is not packed properly, if the Hardware has been used when returned and there are signs of wear and tear of the Hardware because of improper use, storage or handling.
5. Prices and Information
The prices of our Products are quoted on our website in connection with your purchase. Unless expressly agreed between you and us, payment shall be made in US Dollars ($), Euros (€) or Swedish Crowns (SEK), depending on where you are resident. Local VAT and other applicable taxes are added, if not explicitly included in the price shown at our website. Prices do not include shipping charges, if any, but are listed separately.
We strive for the website, our advertisements and other marketing material to contain correct information. However, we make reservations for potential errors, misspellings, incorrect prices or similar errors in information, in the description of the Products on our website, in advertisements or other marketing material. We will always clearly indicate if any discounts or limited offers apply. You should be aware that any lower than usual prices that are not clearly indicated as an offer or discount may be in error. We are not bound by prices or other information that you realized or should have realized were incorrect. If an incorrect price or other incorrect information has been specified for a Product that you have ordered, we will notify you as soon as we have discovered the error.
How we want you to pay us depends on what Product you buy and which license option you make when you offer to buy one of our Software or our Hardware, respectively. The purchase price of the Product is due as soon as you have placed the order and is thus payable in advance, unless otherwise expressly stated in connection with your order. Before you can download or install our Software, and before we send you the ordered Hardware, we require pre-payment via a third-party payment provider, i.e. PayPal Inc.or via credit card. We currently accept Visa, Mastercard, American Express and Discover credit cards, subject, however, to later changes from us. Regardless of the above, if you nonetheless have downloaded or installed a Software or received Hardware prior to us receiving full payment of the applicable price, we reserve the right to suspend or deactivate the license for such Software and/or request return of delivered Hardware, as applicable. Please note that in such case you will need to follow the instructions we give you in this regard.
If you have purchased any of our Software from one of our third-party partners, you can use the coupon or license code you got from that dealer or distributor to download the Software from our website.
More information on the currently available payment options for our Products can be found on the website.
Free Software in Return of Personal Data
Certain of our Software may be available for free, which means that you will not be paying for the Software with money. Please note however, that your purchase of a free Software may be subject to your provision of certain personal data as further specified in connection with your order (e.g., your name, e-mail contact information etc). Please be advised that a download by you of a free Software for which you in return provide us with your personal data is to be legally equated as a purchase for which these Terms and the EULA apply. The provision of personal data is due as soon as you have placed the order, before you can download or install the relevant Software, unless otherwise expressly stated in connection with your order. Regardless of the above, if you nonetheless have downloaded or installed Software prior to us receiving the requested personal data, we reserve the right to suspend or deactivate the license for such Software. Please note that in such case you will need to follow the instructions we give you in this regard.
7. Title and Rights
The title of, and all copyright, trademarks and any other intellectual property rights in or to the Products, including the software in our Products, our website and any documentation related or linked to us and our Products are our own or our licensors property, as more detailed in the EULA. This title remains even though you have downloaded the Software (including software included with Hardware) to your license management account or plugged it into another program or similar. Title to Hardware shall remain with us until full payment of all sums (including VAT and other applicable taxes) due under this or any other agreement from you to us have been made.
2. Intellectual Property Rights
When you purchase or download a Software or software included with Hardware from us, we grant you a non-exclusive license to use the Software or software included with Hardware as a software application or Software to your system, program or Hardware, as applicable, in accordance with the applicable license model and subject to the applicable EULA. These Terms do not grant you any rights to the Software, software for Hardware or Hardware other than those explicitly set out herein and in the applicable EULA.
The content on the website is protected by copyright. All trademarks, logos, domains, product names and other features of Softube or our third-party partners, applications and devices appearing on our website are ours or our licensors. These Terms do not grant you any rights to use or copy any features or other content on our website whether for commercial or non-commercial use.
You are not allowed to use the Software for other purposes than those explicitly stated in these Terms and the applicable EULA and in no case for any non-legal activities.
3. Third Party Rights
Our Products are adapted for or specially made to fit with third-party applications, software or hardware. Consequently, some content and intellectual property rights in our Products and on our website, belong to our licensors or to third parties. We will inform you about the third-party contents (i.e. code, sub-licenses, trademarks and other intellectual property rights) when you purchase a Product from us and/or in information contained in the Product. If you want to know more and have information of relevant third-party licensors and the applicable terms and conditions for such third-party licenses, please check our additional information on the website.
8. Your Softube Account
We require you to create a Softube account in order to purchase or download our Products. Go to “My account” at our website www.softube.com/my-account and follow the instructions set out on our download page. You can also find information on our FAQ page (www.softube.com/support). During the creation process of the Softube account, you will be requested to link your account to an existing license management account, see above in section 3.3 Delivery of Software and software included with Hardware. If you do not have an existing license management account, we will create and enable such an account for you. Without an account, we cannot fulfil our obligations towards you and deliver our Software or software provided together with Hardware to you. Via your Softube account you can see available updates or upgrades, and special discounts you are eligible for.
9. Problem with Your Product?
We offer support if your purchased Product does not function properly. You may find a quick solution at our FAQ page www.softube.com/support, so we suggest that you check the FAQ first. You can also submit a ticket to our online support using our contact form on www.softube.com/support. We will use our reasonable efforts to respond to your request within reasonable time. If you need to talk to any of the members in our support team, we may schedule a time for such an appointment.
2. Bugs and Defects
If there is a defect in the Product you have purchased and you wish to make a complaint, you need to notify us as soon as possible and within reasonable time from when you discovered the defect, using our contact form www.softube.com/contact-us. If you discover a defect in the Product, you should try to mitigate the consequences of such defect, if possible. If you are a consumer, possibly applicable statutory rights for you as a consumer in relation to the time period during which you have a right to make a complaint will apply. Furthermore, possibly applicable statutory rights for you as a consumer in relation to your right to remedies of the bug or defective Product will apply.
We continuously update and upgrade our Software and software for Hardware, and we recommend you keep track of the latest news regarding your Software or software for Hardware via your Softube account, Softube Central or if applicable, your license management app. Please note that some updates or upgrades that we provide may require that you have a specific version of other software and systems in order to fully enjoy the updates and upgrades we provide. If you have installed the updates that we have provided but a bug or defect occur due to the updates, we are responsible for such bug or defect. We will however not be responsible for a bug or defect if you have not installed updates that have been provided and you have received information of the updates, the consequences if such installation is not made and if the lack of installation is not due to shortcomings in the instructions for installation that we have provided. The same applies if you fail to keep the technical environment compliant with the applicable System Requirements for the Product and/or if you fail to cooperate reasonably with us in our efforts to rectify any bugs or defects.
Please note that we cannot keep track of sub-transferred licenses of our Software (i.e. licenses) or pre-owned Hardware, sold between end users. If you buy Software or Hardware from another end user, we can neither ensure the Software’ or the Hardware’s condition nor otherwise take any responsibility for such Software or Hardware.
We offer our Software “as is” or “as available”, without any express or implied warranty or condition of any kind. With regard to any warranty of Software, the provisions of the EULA shall apply.
Three-year Limited Warranty for Hardware
If you are a consumer, we give you, subject to the limitations set forth below, a limited warranty for Hardware. The limited warranty is subject to the following conditions:
The limited warranty applies for any defects in the Hardware arising during a period of three (3) years from the date of the day after you received the Hardware and from the transfer of the risk. Only customers who are consumers can assert claims under the warranty and these claims are non-transferable. The warranty only applies to defects in the physical Hardware and thus not software included with the Hardware.
The following are excluded from the warranty:
- Used (pre-owned) Hardware.
- Hardware defects subject to wear through use or other wear and tear.
- Hardware defects caused as a result of failure to follow the instructions for use or of inappropriate use, exceptional environmental conditions, extraneous operating conditions, excessive strain, a lack of maintenance or care or other misuse caused by gross negligence or intent.
- Hardware defects caused by the use of accessories or supplementary or replacement parts which are (i) not expressly recommended by us or (ii) not original components.
- Hardware, which has been modified or supplemented with other than our components or, if applicable, components recommended by us.
Hardware defects which are recognized by us as being subject to our limited warranty obligation shall be remedied. Please contact us at www.softube.com/contact-us so we can advise the next best possible step. If instructed by us, the faulty Hardware shall be sent to us at our discretion together with a proof of purchase unambiguously showing the date of purchase. Subject to the foregoing, we shall either repair the defective Hardware free of charge or replace it with a fully functional Hardware product. Hardware which has been replaced shall, if returned to us upon our request, become the property of Softube AB. The warranty period for the Hardware shall neither be extended nor renewed as a result of the provision of services under the limited warranty.
4. LIMITATION OF LIABILITY
IRRESPECTIVE OF WHAT IS OTHERWISE SET OUT HEREIN BUT SUBJECT TO THE SECOND PARAGRAPH OF THIS SECTION, IN ANY EVENT, NEITHER WE, NOR ANY OF OUR SUPPLIERS AND/OR LICENSORS SHALL BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OR INABILITY TO USE OUR SOFTWARE OR HARDWARE (INCLUDING SOFTWARE INCLUDED WITH SUCH HARDWARE). IN NO EVENT WILL WE, OUR SUPPLIERS AND/OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND AND (2) ANY LOSS OF DATA, USE, BUSINESS OR PROFITS OF ANY KIND, ARISING FROM THE USE OR INABILITY TO USE YOUR SOFTWARE OR HARDWARE AND HOWEVER CAUSED (INCLUDING BREACH OF WARRANTY). OUR ENTIRE LIABILITY SHALL IN ANY CASE AND ANY THEORY OF LIABILITY BE LIMITED TO THE PRICE YOU PAID WHEN YOU PURCHASED THE RELEVANT SOFTWARE OR HARDWARE. THIS LIMITATION OF LIABILITY SHALL, HOWEVER, NOT APPLY IN CASE OF OUR GROSS NEGLIGENCE AND/OR INTENTIONAL MISCONDUCT.
If you are a consumer and using our Product non-commercially, the possibly applicable statutory rights for you as a consumer in your country of residence shall apply, irrespective of the limitations set out herein.
10. Force Majeure
If our performance of any obligation under the Terms, EULA or any other agreement or any obligations related thereto is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, war, terrorism, general and unforeseeable loss, interruptions or shortage of data or telecommunication facilities, unexpected virus or similar attacks on IT/IT-systems (including our website), epidemics/pandemics, mandatory decisions from authorities preventing or severely hindering relevant operations, general shortage of materials or services, or a similar occurrence or condition beyond the reasonable control of us (collectively “Excusable event”), we shall, upon giving prompt notice to you, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach under the Terms, EULA, any other agreement or any obligations related thereto. The same shall apply if one or more of our partners, licensors and/or suppliers is prevented, affected or restricted in a corresponding manner by an Excusable event.
In relation to your obligations under the Terms, EULA, any other agreement or any obligations related thereto the aforesaid shall correspond accordingly in case of an Excusable event on your side.
If any provision of these Terms is to be held invalid or unenforceable by any competent court, authority, arbitral tribunal or alternative dispute resolution board, the remainder of that provision and all other provisions will remain valid and enforceable to the fullest extent permitted by applicable law.
Softube has the right to assign any part of its rights and obligations under the agreement between us and you without your prior consent.
These Terms may be updated or amended by us at any time, but the Terms in the version you accepted at the time of your order will apply for such purchase.
12. Governing Law and Dispute Resolution
These Terms are governed by the substantive laws of Sweden without regard to its choice or conflicts of law principles and in addition, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Any dispute arising from or in connection with these Terms shall be settled by Swedish Courts, with Stockholm District Court as first instance.
Notwithstanding what is stated in the above paragraph, we shall have the right to bring any dispute arising out of or in connection with these Terms before a public court of competent jurisdiction, if we so wish. In such instances, you are also entitled to initiate counter claims and/or counter proceedings in that court.
This section 12 of the Terms does however not exclude your applicable consumer statutory rights in your jurisdiction of residence and potential rights in this regard. If you are a resident of the European Union, you may also be entitled to alternative online dispute resolution procedures. Contact us and we can tell you more or find out more on EU online dispute resolution procedure for consumers.
Corporate identity number: 5566487269
United Kingdom: GB372 6810 86
Address: Sankt Larsgatan 9D
SE-582 24 Linköping
Phone: +46 13 21 16 23 (9 a.m. - 5 p.m. CET)