Terms and Conditions
SOFTUBE INC. TERMS AND CONDITIONS OF PURCHASE
FOR PRODUCTS ON AMAZON.COM
Applicability of the Terms
These are the Softube Inc. Terms and Conditions of Purchase (“Terms”), which apply when you purchase any of our Products (as defined below), such as our hardware products and/or software products. We are happy to say hello to you and hope we can be a part of your creativity in the future. We believe 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 any Products, please read these Terms and any other document we refer to herein.
These Terms apply to the purchase of Products provided by Softube Inc. (“Softube”, “we”, “us” or “our”) and that are available at amazon.com. We offer hardware products (“Hardware”) including software for the audio industry. Hardware with the included software are collectively referred to in these Terms as the “Products”. By purchasing our Products, you are deemed to have accepted these Terms, together with the applicable End User License Agreement (the “EULA”) for your Product and any other referenced document.
These Terms together with our EULA 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 Hardware
When you purchase our Hardware, you purchase a physical product, but as the Hardware contains software and certain software is provided with the Hardware you also 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 in the Hardware and the software. We have information and descriptions of all our Hardware available on the Amazon webpage. 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 provided with the Hardware.
However, we make reservations for potential errors, misspellings or similar in information, in the description of the Hardware on our website, in advertisements or other marketing material. Pictures are for illustrative purposes only, and are not a Hardware specification. We have the right to correct, amend or update the available information in this regard as well as improve the website generally.
License for software in Hardware
We provide you and other users our software included with or in the Hardware via a license model. The current license model is the right to use the software included with or in the Hardware on a perpetual basis (“Perpetual License”) according to these Terms and the EULA.
Our offers are not binding until we have explicitly confirmed your offer to purchase one of our Hardware. The confirmation can be either through our website, by email, or through Amazon.
Hardware System Requirements
All our Hardware (including the software included with or in the Hardware) have minimum system and software requirements, which appear on the Softube webpage, www.softube.com. Before you make a purchase, please check the Hardware’s and the software’s compatibility with your system and software so you make sure you are able to enjoy our Hardware completely. Softube takes no liability for the Hardware’s (or the software included with or in the Hardware’s) functions and/or compatibility with other systems, hardware and plug-ins than those expressly recommended on our webpage for each Hardware.
3. Delivery and Installation
Delivery software included with Hardware - We deliver all our software to you via electronic means, and you need to enable us to deposit your license somewhere. Therefore, you need a Softube account with us and 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 your software for Hardware and may install it as set out below. The same applies if we and 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, login with your Softube account (Softube Central) and follow our instructions at www.softube.com/my-account in order to install your software for Hardware.
After you have downloaded and installed the software for Hardware via Softube Central, you can go all in and rock’n’roll and intuitively learn how to use your Softube Hardware. You can find more detailed information in our manual.
4. Cancellations and right to withdrawal
When purchasing Hardware, you have the right to cancel or withdraw any order - without giving us any reasons - up to thirty (30) days after the date when you (or a third party appointed by you other than the carrier) received the Hardware. If so, you need to notify Amazon within this period of thirty (30) days. In order to exercise your right of withdrawal you may contact Amazon and follow their instructions about returns.
The following conditions apply to change of mind returns:
- All item packaging, documentation (boxes, manuals, warranty cards, etc.) and certificates of authenticity, grading, and appraisal must be returned with the returned items. Packaging must be unopened and seals intact (where applicable).
- Items must be in new and unworn condition.
- Any items that, because of customer negligence, misuse or tampering are, damaged, missing parts or in unsellable condition, will not be accepted for return.
- Any item(s) that have been resized, damaged or otherwise altered after delivery will not be accepted for return.
These conditions apply only to change of mind returns and do not apply to items that are returned because they are faulty.
If you withdraw from your purchase, Softube shall reimburse all payments received from you, in exchange of deleting the license you have received and re-sending us the Products (Hardware including software). We may withhold reimbursement 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 we have received the Hardware. We may depreciate the amount to be reimbursed if the Hardware is not packed properly, if the Hardware is used when returned and if there are signs of wear and tear of the Hardware because of improper use by the customer.
5. Title and Rights
The title of, and all the intellectual property rights (“IPR”) 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 Plug-in (including Plug-ins accompanying 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.
Intellectual Property Rights
When you purchase or download a software in or included with Hardware from us, we grant you a non-exclusive license to use the software in or included with Hardware as a software application or plug-in to your system, program or Hardware, as applicable, in accordance with the Perpetual License and subject to the applicable EULA. These Terms do not grant you any rights to software for Hardware or Hardware other than those explicitly set out herein and in the applicable EULA.
All trademarks, logos, domains, product names and other features of Softube or our third-party partners, applications and devices appearing on our website or Amazon.com 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 or Amazon.com 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.
Third Party Rights
Our Hardware is adapted for or specially made to fit with third-party applications, software or hardware. Consequently, some content and IPR in our Hardware 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 IPR) when you purchase a Hardware from us. 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 our website, www.softube.com.
6. Your Softube Account
Creating an Account
We require you to create a Softube account in order to download our software for our Hardware. Go to “My account” at our website and follow the instructions set out on our download page www.softube.com/my-account.
Our Softube accounts are primarily managed through the functionality of Softube Central. During the creation process of the Softube account, you will be requested to link your account to an existing license management account. 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 to you. Via your Softube account you can see available updates or upgrades, and special discounts you are eligible for.
7. Problem with your Hardware?
We offer support if your purchased Hardware 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.
Bugs and Defects
If you want to make a complaint of a faulty Product, you should contact Amazon as soon as possible and within reasonable time from when you discovered the defect, to arrange for a return of the Product.
Warranty and Liability
Two-year limited warranty for Hardware
If you are a consumer, we give you, subject to the limitations set forth below, a limited warranty of two (2) years from the date of the day after you received the Hardware. The fact that you are buying on the internet in no way restricts warranty claims or the possibility of having Hardware repaired or serviced. The two-year limited warranty is subject to the following conditions:
We provide the limited warranty for any defects arising during a period of two (2) 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 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 Softube components.
Hardware defects which are recognized by us as being subject to the warranty obligation shall be remedied. Please contact us at www.softube.com/support so we can advise the next best possible step. The faulty Hardware shall be sent to us at our discretion together with a proof of purchase unambiguously showing the date of purchase and the defective Hardware shall either be repaired free of charge or replaced with a fully functional Hardware product. Hardware which has been replaced shall become the property of Softube Inc. The warranty period for the Hardware shall neither be extended nor renewed as a result of the provision of services under the limited warranty.
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 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 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 YOUR 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 Hardware 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.
8. 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) 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.
10. Company information
55 Shuman Blvd., Ste. 850
Naperville, IL 60563
E-mail address: email@example.com