Terms and Conditions

SOFTUBE, INC. TERMS AND CONDITIONS

(“TERMS”)

FOR HARDWARE, PLUG-INS AND OTHER SOFTWARE PRODUCTS

(VER 2024-05)

Applicability of the Terms

These Terms and Conditions (“Terms”) shall be applicable to all orders of any goods including hardware, plug-ins and software (the “Products”) available for purchase through www.softube.com (the “Website”) which are offered by Softube, Inc., a Delaware corporation with a registered office located at Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware 19808 (“Seller” “we” “us” “our”) and accepted by the customer (the “Customer” “you” “your”). Delivery of any Products to Customer by Seller is expressly conditioned on Customer acceptance of these Terms without modification. If Customer does not accept these Terms, Customer shall immediately return any ordered Products for a full refund. Before you purchase or download any Products, please read these Terms and any other document we refer to herein.

1. Certain definitions and our EULA and Privacy policy

Seller expressly rejects all Customer proposals to delete, add to, modify or amend these Terms. All such proposed changes shall not be binding on Seller unless agreed to and accepted in writing (including email) by Seller prior to delivery of any Products. By purchasing our Products, such as Hardware or Plug-ins, 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.

Seller offers hardware products (“Hardware”) and software plug-ins, various applications, and products for the audio industry (collectively “Software”) via licenses. Some products are available as bundled purchases, for example different Software bundled together, or Software bundled together with Hardware. Such bundled products are collectively referred to in these Terms as “Bundled Products.” Hardware, Software and Bundled Products are collectively referred to as “Products.”

These Terms, together with our EULA for all Customer orders involving software, shall be regarded as a binding contract between you and us.

2. Our Plug-ins

Generally

When you purchase or subscribe to our Plug-ins, you receive a right to download and use our Plug-ins for the intended purpose, i.e. a license, subject to the provisions in these Terms and in our EULA. This also applies to any Bundled Products being or containing Software. We or our third-party licensors, still own the software and the intellectual property rights behind the Plug-in. We have information and descriptions of all our Plug-ins available on the Plug-ins’ pages on our Website. There you can read more about the Plug-ins, specific hardware requirements, the price, license and subscription options and other necessary information for you in order to fully enjoy our Plug-ins.

However, we make reservations for potential errors, misspellings or similar in information, in the description of the Plug-ins on our Website, in advertisements or other marketing material. Pictures are for illustrative purposes only, and are not a Plug-in specification. We have the right to correct, amend or update the available information in this regard as well as improve the Website generally. Any Customer claim arising in whole or in part from any alleged inaccuracy or other error in any Product description shall have as its sole remedy a refund of Customer’s purchase price upon return to Seller of the Products.

Available license options

We provide you and other users our Plug-ins via different license models, and for different terms depending on the choice of option and our EULA. All licenses are subject to pre-payment of the full price or recurring payments as the case may be. The current license models are displayed and explained on our Website. Generally, our license models are set up as follows:

i.   A limited right to use the Product on a perpetual basis (“Perpetual License”);
ii.   A right to use the Product for a time restricted period (“Time restricted License);
iii.   A right to use the Product which requires regular payment of license fees from you to Softube (“Subscription License”);
iv.   A right to use the Product, where your total license fee is divided into monthly instalments due to a payment plan (“Month-to-Month License”);
v.   A temporary usage right for your test, trial and evaluation of the relevant Product (“Demo License”);
vi.   Licenses not for resale, (“NFR”); and/or
vii.   Combinations of the above license models (“Combined License”).

The license model indicated in connection with your order will apply for your purchase of the relevant Software. For clarity, when we state that you have “subscribed,” or “purchased a subscription” to a Product in these Terms, we mean that your right to download, install and use the Product is subject to a subscription license as set out in the EULA and these Terms. All our available license models are subject to change and may be amended from time to time.

2.3 System Requirements

All our Plug-ins have minimum system and hardware requirements, which appear on our Plug-ins’ pages. Before you make a purchase, please check the Plug-in’s compatibility with your system and hardware, so you make sure you are able to enjoy our Plug-ins completely. Seller shall have no liability to Customer for the Plug-ins’ functions and/or compatibility with systems and hardware other than those explicitly recommended on our Plug-in page for each Plug-in.

3. Our Hardware

Generally

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 receive a right to download and use our software for the intended purpose, i.e. a license, subject to the provisions in these Terms and 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 various hardware pages on our website. There you can read more about the Hardware, specific requirements, the price, the available license and other necessary information for you in order to fully enjoy our Hardware and the software provided 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 Product together with the Hardware, specific license terms apply in accordance with the above.

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. Any Customer claim arising in whole or in part from any alleged inaccuracy or other error in any Product description shall have as its sole remedy a refund of Customer’s purchase price upon return to Seller of the Products.

License for software in Hardware and order confirmation

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.

Product system requirements and updates for your Software or software included with or in Hardware

All our Hardware (including the software included with or in the Hardware) have minimum system, software and Plug-in requirements, which are set out on our Hardware’s pages. Before you make a purchase, please check the Hardware’s and the software’s compatibility with your system, software and Plug-ins, so you make sure that you can 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, software, hardware and plug-ins than those expressly recommended on our Hardware page for each Hardware.

4. Orders, Delivery and Installation

To create orders, purchase or download any of our Products, you need to register a Softube account at our website, www.softube.com. We give you detailed information in our FAQ pages on the website and in the section “Softube Account” below. We reserve the right to refuse an order, for example, if you have entered incorrect information in connection with the order or if the order cannot be met due to end sales.

When you have finalized your purchase of any Hardware or Plug-In, an automated preliminary order confirmation is generated. The preliminary order confirmation is a confirmation that we have received your order. However, we might need to verify the details or your purchase, including for example availability of any Hardware subject to your purchase. Our offers for Products are therefore not binding and a binding agreement regarding your purchase of any Products is not accepted by us until we have explicitly confirmed your offer to purchase our Products by providing you with a final order confirmation to the e-mail address provided by you in connection with your purchase. Such final order confirmation will normally be sent to you regarding Plug-ins after receipt of payment, and regarding Hardware, in connection with our commencement of delivery of the Hardware to the address provided by you.

1. Free Initial Trial Period of Subscriptions
If you have signed up for a subscription with a free trial period, you agree to accept these Terms and the EULA for the relevant Product. This includes that you agree to pay the applicable recurring subscription fee after the end of the free trial period unless you cancel your subscription prior to the end of the free trial period.
See below for detailed information on payment. By ordering Products under a subscription license, you authorize us (or the applicable third party) to charge your payment method the then current subscription fee at the agreed intervals, You need to provide us with relevant details for payment (described below) to start your trial. If you do not, you cannot access the Product during the trial period. No charge will be made until the end of the free trial period.
You may enjoy a trial period only once for any individual product. If you have previously subscribed to any Product, we’re generally happy to reactivate or renew your subscription, but you will not be eligible for a trial period.

2. Cancellation of subscriptions
If you have subscribed to a Product, you may cancel your subscription at any time by logging into your Softube account and following the instructions on the “my account” page.
The cancellation will take effect at the end of the current payment period in which you cancel and your right to sue the relevant Product will cease at the same time. We will not provide any refund for an incomplete subscription period, unless otherwise expressly stated in these Terms or authorized by us on a case-by-case basis.
You may generally reactivate or renew any your subscription to any Product you have previously subscribed to unless we have cancelled or revoked your subscription. If you choose to reactivate or renew your subscription, you accept that these Terms and the EULA, as applicable at the time of your re-activation or re-subscription, will apply for the duration of your subscription.

Delivery of Plug-ins and software included with Hardware - We deliver all our Plug-ins and software included with Hardware to you via electronic means, and you need to enable us to deposit your license somewhere. Therefore, you need a Softube account as well as a compatible license management account such as iLok to manage your licenses. Before you have any such account (or if such account 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 Plug-in and software for Hardware that you have purchased from us 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 account is required.
Delivery of Hardware – The Hardware is physical good and all packaging, delivery and shipment methods will be available on the Website in connection with ordering.
If you are not a consumer and unless otherwise stated in our order confirmation, all sales are delivered Ex Works (Incoterms 2020), 2 Dell Parkway, Nashville, TN USA, which means that the risk for Hardware shall pass upon delivery to you or the relevant carrier.
Delivery dates and times identified by the Seller are estimates only. Any specific delivery date indicated by the Seller is non-binding and based on the conditions prevailing at the time the purchase is made. In no event shall Seller be liable for any damages to the Customer due to delay in delivery or non-delivery. Customer’s exclusive remedy for non-delivery shall be a refund of purchase price.
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 Plug-ins and software for Hardware.
After you have downloaded and installed the Plug-ins and/or software for Hardware via Softube Central, you can go all in and rock’n’roll and intuitively learn how to use your Softube Plug-in or Hardware. You can find more detailed information in our manual.

5. Pricing and Payment

1. Price information

The prices of our Products vary depending on available license model(s) and are set out on our Website and may also be adjusted on a regular basis and for various reasons. Applicable local 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.

Depending on the applicable license model, the indicated price set out in your order can constitute a full payment of the price, a recurring subscription fee payable on a monthly basis (or other time period) for the duration of your subscription, or otherwise constitute a part of a payment plan. This is further explained on our Website and in these Terms.

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 reasonably 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.

2. Price changes for subscriptions

In connection with our regular price changes of Products, we may from time to time also change the price of our subscriptions, including recurring subscription fees. Such price changes may occur e.g. to reflect changes in the relevant Product (such as additional or discontinued Software in Bundled Products, for example), changes in our business, in accordance with the terms and conditions with our partners, or for legal or regulatory reasons.

If relevant for you, any such changes will be notified to you in a reasonable manner, including by email and/or notice in the Softube Central App or otherwise, at least 30 days before they take effect. The notified price changes will take effect at the beginning of the next payment period after the price change date. Subject to applicable law, you will be deemed to have agreed to the price change if you continue to use the Product after the price change has taken effect. If you do not agree to a price change, you may reject it by cancelling the applicable subscription before the price change takes effect.

Please also note that any Products available under our subscription license models may be subject to other changes as described below.

3. Payment

How we want you to pay us depends on what Product you buy and which license model applies to your purchase.

- If you have purchased Hardware or a perpetual license to Software, you prepay the full price of the Product straight away.
- If you have subscribed to a Product, you pay the applicable recurring subscription fee in advance either monthly or any other recurring interval that has been communicated to you prior to your purchase.
- If you have purchased any other time limited license to a Product, you pay the applicable fee in advance to use the Product for a certain period of time that has been communicated to you prior to your purchase.

In case of recurring payments, we refer to the period that you shall provide prepayment for to use the Product as a “payment period”.

If your subscription starts with a free trial period, the first payment period commences on the first day after the end of the free trial period.

The purchase price of the Product , which may be the full price of the Product or the full amount of the applicable payment period, 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 of the full applicable amount via credit card, a third-party payment provider. Or any other payment method, each as accepted by us. The available payment options
are made available in connection with your purchase.

For any subscription, you will be charged the applicable subscription fee recurring on the first day of each payment period. You may update your payment method or information for any recurring payments as set out on the “my account” page. If you fail to make the agreed payment, your subscription will be cancelled with immediate effect upon our notice.
Payment in full is required at the time of purchase except in the case of certain software licenses described above that allow for payment over time. Payments shall be made in US currency by any means indicated by the Seller as acceptable at the point of sale. By providing a credit card, debit card or other payment method that Seller accepts, Customer represents and warrants that Customer is authorized to use the tendered payment method and that Seller (or its third-party Payment Processor) is authorized to charge the tendered payment method for the total amount of Customer’s purchase, including any applicable taxes and other charges. Seller is not responsible for errors made by any third-party Payment Processor.
In the event payment is not received when due or is later denied or disallowed by Seller or any Payment Processor, interest shall accrue on all past due amounts at the rate of one and one-half percent (1.5 %), or the maximum permitted by law, on all past due amounts for each period of thirty (30) days or part thereof from the due date. Seller shall have the right to refuse to deliver additional Products to any Customer if the Customer is past due on any amounts due to Seller.
If you have purchased any of our Plug-ins 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 Plug-in from our website.
More information on the currently available payment options for our Products can be found on the Website.

Earn and Use Credits from Subscriptions

If you subscribe to certain Bundled Products, your subscription may include a right for you to earn credits, as indicated in connection with your order. Credits are meant to be accumulated and exchanged for perpetual licenses of individual Software included in the Bundled Product, as set out in these Terms and on our website from time to time. How credits are earned is set out on our website (in the descriptions of the relevant Bundled Product) and is subject to amendment from time to time. Your available credits may be used in our credit store to secure a perpetual license for individual Software eligible for such credit use at the time of your use of the credit, provided that you have a sufficient amount of credits. How credits may be used is subject to amendment from time to time. See the Softube credit store for updated information.

The following restrictions apply:

You will earn credits on subscriptions if and only to the extent expressly set out on our website in connection with your purchase of the subscription to the relevant Bundled Product. Different Bundled Products may earn you different types of credits. Credits are earned only when we have received full payment of the applicable subscription fee for the relevant payment period, and not before.

Credits will not be earned during free trial periods.

Credits from one Bundled Product may only be used for a perpetual license to any individual Software that is, at the time of your use of credits, marketed and sold by Softube as an individually available Software and also at such time eligible for use of the type of credits in question in our credit store. If you lack enough credits to use, you cannot top-up your purchase with cash or with credits earned from any other Bundled Product. Credits cannot be exchanged for any other Product or service and cannot be combined, refunded in cash or in any other form, traded or otherwise used by you in any other manner than as set out herein. Credits are valid for a period of three (3) years after your last payment pertaining to the Bundled Product earning you credits. Credits that have not been used during the period of validity are void and we have no obligation to reimburse you for void credits. If the Bundled Product is discontinued by us and you have outstanding credits pertaining to such Bundled
Product that you have been unable to use, at no fault of your own, we will compensate you with substitution Product(s) or voucher(s) at a corresponding value as reasonably advised in our exclusive discretion in all such cases. You will, however in no instance receive any cash or financial compensation.

6. Changes to Products that you subscribe to

As we strive to keep our offer updated, fresh and inspiring, we may amend, change, update or discontinue any Product that you may subscribe to. Such amendment will come into effect at the time indicated by us, but no sooner that the due date of your next recurring payment. Any such amendment, change or discontinuation will always be notified by us to you at least 30 days before they take effect, including by email and/or notice in the Softube Central App or otherwise. Our amendments may include change or update of the Product itself and for Bundled Products, for example, we may remove, add, or change any or all of the Software included in the Bundled
Product.

If you do not agree to the change or amendment, you may cancel your subscription.

In addition to, and notwithstanding, any other rights we may have under these Terms, we reserve the right to terminate a paid subscription license for one or more Product(s) at any time, with at least ninety (90) days' notice to you (unless you have materially breached these Terms or the EULA, in which case we may terminate your subscription with immediate effect). Unless we inform you otherwise and subject to your continued payment of the applicable subscription fee, we will allow you to continue to use the Product during the notice period.
Please also see above for our right to amend subscription fees.

7. Title and Rights

Title

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.

Intellectual Property Rights

When you order and download a Plug-in or software in or included with Hardware from us, we grant you a non-exclusive license to use the Plug-in or 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 applicable license model (see more information regarding available license models for Plug-ins in section 2.2 above) and subject to the applicable EULA. These Terms do not grant you any rights to the Plug-Ins, 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 Plug-in for other purposes than those explicitly stated in these Terms and the applicable EULA and in no case for any non-legal activities.

As stated in these terms and the EULA, all Software is licensed to you and thus not sold. In addition, if the applicable license model is a subscription or otherwise time limited model, your right to use the Software is limited to the relevant license period. Your continued right to use the Product is subject to us receiving recurring prepayments from you, irrespective of us using the term “purchase”, “buy” or similar to describe our transaction in these Terms. For clarity, the word “purchase” in these Terms does not extend this in any way.

Third Party Rights

Our Plug-ins and Hardware are adapted for or specially made to fit with third-party applications, software or hardware. Consequently, some content and IPR in our Plug-ins, software, Hardware 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 IPR) when you purchase a Plug-in or Hardware from us and/or in information contained in the Plug-in or Hardware. 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

Creating an Account

We require you to create a Softube account in order to purchase or download our Plug-ins and 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 Plug-ins or software to you. Via your Softube account you can see available updates or upgrades, and special discounts you are eligible for, As well as manage your suubscriptions, payment method and similar, and see any earned credits from your subscriptions (if any).

9. Problem with your Plug-in or Hardware?

Support

We offer support if your purchased Plug-in or Hardware do 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 our Plug-ins or Hardware, you should contact us as soon as possible and within reasonable time from when you discovered the defect, using our contact form www.softube.com/support.

We continuously update and upgrade our Plug-ins, and you can keep track of the latest news regarding your Plug-in via your Softube account, Softube Central app or if applicable, your license management app.

Warranty and Liability

Plug-ins and Other Software

WE OFFER OUR PLUG-INS “AS IS” OR “AS AVAILABLE”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND.

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 PLUG-INS. 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 PLUG-IN AND HOWEVER CAUSED (INCLUDING BREACH OF WARRANTY). OUR ENTIRE LIABILITY SHALL IN ANY CASE AND UNDER ANY THEORY OF LIABILITY BE LIMITED TO THE PRICE YOU PAID WHEN YOU PURCHASED YOUR PLUG-IN OR OTHER SOFTWARE. THIS LIMITATION OF LIABILITY SHALL, To the extent that any applicable law or jurisdiction does not allow the exclusion or the limitation of liability for all claims and remedies, these Terms shall be interpreted to grant the maximum limitation or exclusion of liability permitted by law.

Three-year limited warranty for Hardware

If you are a consumer, we give you, subject to the limitations set forth below, a limited warranty of three (3) 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 three-year limited warranty is subject to the following conditions:

We provide the limited warranty for any defects 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 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 at our sole discretion. 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. To the extent that any applicable law or jurisdiction does not allow the exclusion or the limitation of liability for all claims and remedies, these Terms shall be interpreted to grant the maximum limitation or exclusion of liability permitted by law.

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, insurrection, terrorism, general and unforeseeable loss, interruptions or shortage of data or telecommunication facilities, unexpected virus or similar attacks on IS/IT-systems (including our website), epidemics/pandemics, mandatory decisions from authorities preventing or severely hindering relevant operations, general shortage of materials or services, delay in delivery or logistics 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.

11. Miscellaneous

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.

12. Governing Law and dispute resolution

These Terms are governed by the substantive laws of the State of Delaware 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 brought in the state and federal courts of Delaware where the parties consent to exclusive jurisdiction.

13. Company information

Postal address:

Softube Inc.
Corporation Trust Center
1209 Orange Street
Wilmington, Delaware 19808

E-mail address: info@softube.com
Phone number: +46 13 21 16 23 (9 a.m. - 5 p.m. CET)
Fax: +46 13 10 00 23

Other information

Terms and Policies

Before we start, let's get this out of the way