1. Agreement to Terms

These Terms of Use represent a legally binding agreement between you and Phil Speiser (“Company”, “we”, “us”, “our”), covering your access to and use of https://philspeiser.com and related platforms (collectively, the “Site”). Our company is registered in Austria, with our registered office at Jacquingasse 57, Vienna, Vienna 1030, VAT number ATU75364678. By accessing the Site, you confirm understanding and acceptance of these Terms. If you disagree with any part of the Terms, you must not use our Site.

We may update these Terms occasionally, with changes taking effect from the “Last updated” date mentioned. Continued use after updates means acceptance of the new Terms. Users are responsible for reviewing these Terms regularly.

This Site is not for use in any jurisdiction where such use would be contrary to local law or would require registration. Users from such jurisdictions use the Site at their own risk and are responsible for compliance with local laws.

The Site is not compliant with specific industry regulations like HIPAA, FISMA, etc., and should not be used if such compliance is required. The Site is also not to be used in any manner that violates the Gramm-Leach-Bliley Act (GLBA).

Minors (under 18, or a different age in some jurisdictions) must have parental or guardian permission to use the Site.

2. Intellectual Property Rights

The Site, including all content (source code, databases, functionality, software, designs, audio, video, text, photographs, graphics – collectively, the “Content”) and trademarks, service marks, and logos (the “Marks”), are our property or licensed to us. These are protected under copyright and trademark laws. The Content and Marks are for your personal, non-commercial use only, unless we provide written permission for other uses.

You are granted a limited license to access the Site and Content for personal, non-commercial purposes. We reserve all rights not expressly granted in the Site, Content, and Marks.

3. User Representations

By using the Site, you warrant that your information is accurate and that you will keep it updated. You affirm that you have the legal capacity to agree to these Terms. If you are a minor, you confirm that you have received parental permission. You agree not to use the Site for unauthorized or illegal purposes and to comply with all applicable laws and regulations.

4. User Registration

If you register on the Site, you are responsible for your account security, including keeping your password confidential.

5. Products

Product availability is subject to change. We may discontinue products at any time without notice. Prices are subject to change.

6. Purchases and Payment

We accept various payment methods like Visa, Mastercard, American Express, PayPal, Google Pay, and Apple Pay. You agree to provide accurate purchase and account information and update it as necessary. Sales tax may be added as required. We may adjust prices and are not liable for pricing errors. We reserve the right to refuse or cancel orders at our discretion.

7. Refunds Policy

For Samples & Ableton Presets: Sales are final, no refunds. For Plugins: A 30-day refund is available. Plugins must be deactivated before issuing a refund.

8. Prohibited Activities

You agree not to misuse the Site or engage in illegal activities, including but not limited to unauthorized data collection, fraud, spreading viruses, or disrupting the Site’s functionality.

9. User Generated Contributions

While the Site does not primarily offer user submissions, any Contributions you make must not infringe on third-party rights and comply with legal standards.

10. Contribution License

You retain ownership of your Contributions but agree that we can use your feedback without compensation. You are responsible for your Contributions on the Site.

11. Submissions

Any Submissions you provide become our property, and we can use them without compensation or acknowledgment. You waive any moral rights to these Submissions.

12. Site Management

We reserve the right to manage the Site to maintain its integrity and functionality.

13. Privacy Policy

Our Privacy Policy is part of these Terms. By using the Site, you consent to data processing as outlined in the Privacy Policy.

14. Term and Termination

These Terms remain effective while you use the Site. We can terminate your access for breach of these Terms without notice.

15. Modifications and Interruptions

We may modify or discontinue the Site or its contents without notice and are not liable for any interruption or unavailability.

16. Governing Law

These Terms are governed by Austrian law, excluding the UN Convention of Contracts for the International Sale of Goods.

17. Dispute Resolution

For EU consumers, online dispute resolution is available at https://ec.europa.eu/consumers/odr.

18. Corrections

We reserve the right to correct errors or omissions on the Site at any time.

19. Disclaimer

The Site is provided “as-is.” We disclaim all warranties and are not liable for damages incurred from Site use.

20. Limitations of Liability

Our liability is limited to the maximum extent permitted by law. In no event shall we be liable for indirect or consequential damages.

21. Indemnification

You agree to indemnify us against claims arising from your use of the Site or breach of these Terms.

22. User Data

We maintain data for Site management but are not liable for its loss or corruption.

23. Electronic Communications

Your use of the Site constitutes consent to electronic communications and agreements.

24. California Users and Residents

California residents can contact the Complaint Assistance Unit of the Division of Consumer Services for unresolved complaints.

25. Miscellaneous

These Terms constitute the entire agreement between us. They will be interpreted in accordance with their terms without any presumption against the drafting party.

26. Contact Us

For inquiries or complaints, please contact us at support@philspeiser.com, Jacquingasse 57, Vienna, Vienna 1030, Austria.