Terms of Use & Software Licence

1Who we are

"Award Audio Tools", "we", "us" and "our" mean Alex Ward, an individual doing business as Award Audio Tools, operating the website at awardaudiotools.com (the "Site") and publishing the audio plugins sold there (each, a "Plugin"; together with any presets, documentation, sample content and updates, the "Software").

"You" and "your" mean the person using the Site or the Software. If you are doing so on behalf of a company, studio or other organisation, you confirm you have authority to bind it, and "you" means that organisation as well.

You can reach us any time at support@awardaudiotools.com.

2Accepting these terms

These Terms of Use (the "Terms") are a binding agreement between you and us. They cover three things at once: your use of the Site, your purchase of a Plugin, and your licence to use the Software. Sections 9 through 15 function as the end-user licence agreement for the Software.

You accept these Terms when you do any of the following: use the Site, buy a Plugin, or download, install or run the Software. If you don't agree with them, please don't do those things.

If you have already bought a Plugin and you don't agree to these Terms, stop using the Software, delete it, and contact us within the refund window in section 8 for a refund.

3Eligibility

You must be at least 18 years old, or the age of majority where you live, to buy from us. If you are between 13 and 18, you may use the Software only with the involvement and consent of a parent or guardian who agrees to these Terms on your behalf. The Site is not directed to children under 13 and we do not knowingly collect their personal information — see our Privacy Notice.

4Using the website

You may browse the Site, listen to the audio demos, and buy Plugins. There is no account to create and nothing to sign up for.

You agree not to:

• interfere with, overload, probe or disrupt the Site, our servers, or our download infrastructure;
• attempt to gain access to any part of the Site, our storage, or another customer's download that you are not authorised to access;
• circumvent, disable or tamper with any security feature, download link, signed token or access control;
• scrape, crawl or harvest the Site by automated means beyond ordinary, respectful search-engine indexing consistent with our robots.txt;
• use the Site to distribute malware, or for any unlawful or fraudulent purpose;
• misrepresent your identity or your affiliation with any person or organisation when contacting us or making a purchase.

We may suspend or block access to the Site or to a download link if we reasonably believe it is being misused.

5Our intellectual property

The Site and the Software — including all code, digital signal processing, user interface designs, graphics, artwork, icons, presets, sample content, audio demos, text, the "Award Audio Tools" name and logo, and each Plugin name (Tape & Void, Parallax, Boardwalk, Halcyon, Molten, Kinetic, Vanta, Bloom, Cosmic Slap and any others we release) — are owned by us or our licensors and are protected by copyright, trade mark and other laws.

Buying a Plugin gives you the licence described in section 9. It does not transfer ownership of anything, and it does not give you any right to our trade marks or branding.

The Software is built with the JUCE framework, which is licensed to us by its rights holder. Third-party components included in the Software remain the property of their respective owners and may carry their own licence terms, which are reproduced in the documentation accompanying the Software where required.

6Orders, prices and payment

Prices. All prices are shown in US dollars (USD) and are exclusive of any tax that may apply. We may change prices at any time, and we run sales from time to time. The price you pay is the price displayed at checkout. A price change after your purchase doesn't entitle you to a refund of the difference, and buying at full price shortly before a sale doesn't either — though you're always welcome to ask.

Payment processing. Payments are processed by Stripe, Inc. Checkout happens on Stripe's own hosted pages, not on our Site. We never see, receive or store your full card number, expiry date or security code. Your use of Stripe's checkout is also governed by Stripe's terms and privacy policy. Some Plugins may also be sold through other storefronts (for example Gumroad); purchases made there are additionally subject to that storefront's terms.

Tax. Where we or our payment processor are required to collect sales tax, VAT, GST or a similar tax, it will be calculated and shown at checkout and added to your total. You are responsible for any other tax, duty or bank charge that applies to you, including foreign-transaction and currency-conversion fees charged by your own bank.

Order acceptance. Your order is an offer to buy. We accept it when payment is confirmed and your download is made available. We may decline or cancel an order — and will refund you in full if we do — where a price or product description was obviously wrong, where payment is flagged as fraudulent or is reversed, where we can't lawfully sell to your country under section 17, or where we reasonably suspect abuse of our licence terms or refund policy.

Chargebacks. If you have a problem with a purchase, please email us first — we would far rather fix it than fight it. Section 8 gives you an easy refund path. If you file a chargeback instead of contacting us, we may suspend the licence associated with that purchase under section 21 until the matter is resolved.

7Delivery of your download

Everything we sell is a digital download. Nothing physical ships. When your payment clears, a download link appears on the confirmation page. Download links are time-limited for security reasons and expire a short time after they are issued.

Save your file once you've downloaded it. Because we don't require accounts, there is no customer portal to log back into. If your link expires, or you lose the file, or you get a new computer — just email us with the address you used at checkout and we'll send you a fresh link. We're happy to do this and there's no charge, but we can't guarantee that any specific version will remain available indefinitely.

By buying, you ask us to make the Software available to you immediately.

8Refunds

To request a refund, email us from — or quote — the email address used at checkout, and include the Plugin name and roughly when you bought it. Refunds are issued to the original payment method through Stripe. Depending on your bank or card issuer, the money usually takes between three and ten business days to appear.

When we refund you, your licence to that Plugin ends. You agree to delete the Software and remove it from your computers. Keeping and using a Plugin you have been refunded for is a breach of these Terms.

We may decline a refund where we have clear evidence of abuse — for example, repeatedly buying and refunding the same Plugin, or requesting a refund while continuing to use the Software.

Statutory rights. If you live somewhere that gives consumers a right to cancel or a statutory guarantee that is more generous than this policy, that right applies to you and nothing here removes it. Consumers in the United Kingdom and the European Economic Area normally have a 14-day right of withdrawal for digital content, which our policy meets or exceeds; note that by asking us to make the download available immediately under section 7, you may lose that statutory right once the download begins, but our own 14-day refund policy above continues to apply to you regardless.

9Your licence to the software

When you buy a Plugin and your payment clears, we grant you a personal, worldwide, non-exclusive, non-transferable, non-sublicensable, perpetual licence to install and use that Plugin, subject to these Terms.

What that covers

• One person, as many of their own computers as they like. The licence belongs to you as an individual. You may install the Plugin on any computer that you own or personally control — desktop, laptop, studio machine, backup machine — as long as you are the only person using it.
• Organisations need a licence per person. If the licence was bought by a company, school or studio, one licence covers one named individual. Buy one licence for each person who will use the Plugin. Talk to us if you need several — we'd rather sort out something workable than have you guess.
• Commercial use is included. You may use the Plugin on paid work: releases, client mixes, film, television, games, advertising, live performance, streaming, teaching, anything. There is no separate commercial licence to buy and no revenue threshold.
• Backups. You may keep copies of the installer and the Software for archival and backup purposes.
• Perpetual. The licence doesn't expire and there is no subscription. It lasts until it's terminated under section 21.

The Software is licensed, not sold, to you. We and our licensors keep all rights not expressly granted here.

10What you may not do

Except where a law gives you a right that cannot be contracted away, you may not:

• Share, resell, rent, lease, lend, sublicense, or give away the Software, your download link, or your licence — this includes selling a "used" licence, and includes bundling the Software into a product you sell;
• Distribute or upload the Software anywhere others can obtain it, including file-sharing services, torrents, forums, cloud drives shared with others, or software collections;
• Reverse engineer, decompile or disassemble the Software, or otherwise attempt to derive its source code, algorithms or DSP design, except to the exact extent that applicable law expressly permits despite this restriction (for example, mandatory interoperability rights under EU law) — and in that case only after asking us first, since we may be able to give you what you need directly;
• Modify, adapt, translate or create derivative works from the Software, or defeat, remove or work around any licensing, signing or protection mechanism;
• Remove or obscure any copyright, trade mark or other proprietary notice;
• Use the Software to build a competing product, including using its output or behaviour to train, fine-tune or develop a machine-learning model intended to reproduce or emulate the Software;
• Sample the Plugin itself for redistribution — that is, you may not create and distribute an impulse-response library, sample pack, preset pack or emulation whose purpose is to reproduce a Plugin's sound in place of buying it. Using a Plugin in the ordinary course of producing your own music, sample packs or sound libraries is completely fine and is expressly permitted under section 11;
• Use the Software unlawfully, or in a way that infringes anyone else's rights.

11Your audio and your presets

This covers commercial releases, client work, sample packs, sound libraries, film and game audio, live performance and streaming alike.

Presets you create yourself are yours to use and to share with other users of the same Plugin, provided you share only the preset file — not the Software. The factory presets we ship remain ours, but of course you may use them freely in your work under section 9.

If you send us feedback, a bug report, a feature idea or a preset, you allow us to use it to improve our products without obligation or payment to you. You keep whatever rights you have in it; you're simply not charging us for the suggestion. Please don't send us anything confidential.

12Updates and support

Updates are free. When we release an update to a Plugin you own, it costs you nothing. We don't charge for point releases and we don't run paid upgrade cycles for existing owners.

What we can't promise is a specific number of updates, a release schedule, or that any Plugin will be maintained indefinitely. Operating systems, plugin formats and DAWs change, sometimes abruptly, and we're a one-person operation. If we ever discontinue a Plugin, your existing licence and your existing copy continue to work exactly as before — we just may not be able to keep updating it.

Support is by email at support@awardaudiotools.com. We try to answer everyone promptly and in good faith, but support is provided on a reasonable-efforts basis without a guaranteed response time. If a future release introduces a paid major version, we'll say so clearly before you buy it.

13System requirements

Our Plugins currently run on macOS 10.15 or newer, on both Apple Silicon and Intel, in VST3, Audio Unit and Standalone formats. They are code-signed and notarised by Apple.

Requirements are stated on the Site and in the documentation, and it's your responsibility to check them before buying. We can't guarantee that a Plugin will work with every DAW, every host version, every operating system version, or every combination of other plugins — the number of possible configurations is effectively infinite and we can only test a sample of them. VST3 is a trade mark of Steinberg Media Technologies GmbH; Audio Unit and macOS are trade marks of Apple Inc.; we are not affiliated with, endorsed by, or sponsored by either.

If a Plugin doesn't work on your system, tell us. We'll try to help, and if we can't get it running, section 8 gets you your money back.

14Audio levels and hearing safety

You are responsible for setting safe monitoring levels, using limiting and protection on your outputs, and testing at a low volume first — particularly when using headphones, when driving amplification or PA systems, and when performing live. Start quiet.

To the fullest extent permitted by law, you assume the risk of, and we are not liable for, hearing damage, damage to speakers, headphones, amplifiers or other equipment, or any other harm arising from audio output produced by or through the Software. Sections 18 and 19 apply to any such claim.

15Backups and data loss

Plugins run inside your DAW, and software can crash. Keep current backups of your projects, sessions, presets and audio files, and save your work often. To the fullest extent permitted by law, we are not responsible for lost recordings, corrupted sessions, lost presets, missed deadlines, or any other loss of data or work arising from your use of the Software.

16Third-party services

We rely on a small number of third-party services to run this business: Stripe for payments, Cloudflare for hosting, security and file delivery, and an email provider for support correspondence. Some Plugins may also be listed on third-party storefronts such as Gumroad.

These services have their own terms and privacy policies, and we don't control them. The Site may also link to third-party websites; we're not responsible for their content, their practices, or anything you do there. Our Privacy Notice explains what data each service handles.

17Export controls and sanctions

The Software is subject to United States export control and economic sanctions laws. By buying or downloading it, you represent that you are not located in, ordinarily resident in, or a national of any country or region subject to comprehensive US sanctions, and that you are not on any US government restricted-party list (including the Specially Designated Nationals list, the Denied Persons list, and the Entity list). You agree not to export, re-export or transfer the Software in violation of those laws.

18Disclaimer of warranties

Some jurisdictions do not allow the exclusion of implied warranties or limits on how long an implied warranty lasts, so parts of the above may not apply to you. In that case those warranties are limited to the shortest period and narrowest scope permitted by law. This section does not affect any non-waivable statutory rights you have as a consumer, including under section 24.

19Limitation of liability

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above may not fully apply to you. Nothing in these Terms excludes or limits our liability for fraud, fraudulent misrepresentation, death or personal injury caused by our negligence, or any other liability that cannot lawfully be excluded or limited — including any non-waivable rights described in section 24.

20Indemnification

You agree to indemnify and hold us harmless from any claim, demand, loss, liability, damage, cost or expense (including reasonable legal fees) brought by a third party and arising out of your breach of these Terms, your misuse of the Site or the Software, your infringement of anyone's intellectual property or other rights, or your violation of any law. We'll tell you promptly about any such claim and you may control the defence, provided you don't settle it in a way that imposes any obligation or admission on us without our written consent.

21Termination

Your licence ends automatically if you materially breach these Terms — in particular the restrictions in section 10 — and don't cure the breach within 14 days of us telling you about it, where the breach is capable of being cured. It also ends if you receive a refund or successfully reverse a payment for a Plugin.

When your licence ends, you must stop using the Software and delete every copy of it. Sections 5, 10, 11, 14, 15, and 17 through 26 survive termination, along with any payment obligation that has already arisen.

You can end your licence at any time by deleting the Software. We don't refund outside the section 8 window if you simply stop using a Plugin.

22Dispute resolution and arbitration

22.1 Let's talk first

Before starting arbitration or any other formal proceeding, you agree to contact us at support@awardaudiotools.com with a short written description of the dispute and what you'd like us to do about it, and to give us 60 days to try to resolve it informally. We agree to do the same before bringing a claim against you. Most problems are a refund or a bug fix, and we would much rather just sort it out. This step is a condition of starting arbitration, and the time limit for bringing any claim pauses while it runs.

22.2 Agreement to arbitrate

If we can't resolve it informally, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms, the Site, the Software, or your purchase — including its formation, interpretation, breach, termination, validity or enforceability, and including claims that arose before these Terms took effect — will be resolved by binding individual arbitration rather than in court.

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this section. The arbitrator's award is final and binding, and judgment on it may be entered in any court with jurisdiction.

22.3 Exceptions

This section does not apply to:

• Small-claims court. Either of us may bring an individual claim in a small-claims court with jurisdiction, instead of arbitration, as long as it stays in that court and stays individual. This is often the fastest and cheapest route for both of us.
• Intellectual property. Either of us may go to court for an injunction or other equitable relief to stop actual or threatened infringement or misuse of intellectual property or confidential information.

22.4 Class action and jury waiver

22.5 How the arbitration works

A single arbitrator will be appointed under the AAA Consumer Arbitration Rules. To keep this practical and affordable for you, the arbitration will be conducted by written submissions, telephone or video conference unless the arbitrator determines an in-person hearing is necessary. If an in-person hearing is held, it will take place in the county or district where you live, or another mutually agreed location — you will never be required to travel to Texas to arbitrate. The arbitrator may award any relief that a court could award on an individual claim, including statutory damages and attorneys' fees where a statute provides for them.

22.6 Fees

Arbitration filing, administration and arbitrator fees are governed by the AAA Consumer Arbitration Rules and the AAA consumer fee schedule, which caps what a consumer pays and places most of the cost on the business. If the arbitrator finds your claim was not frivolous, we will not seek our attorneys' fees or costs from you. Each of us otherwise bears our own legal fees unless a statute or the arbitrator's award provides otherwise.

22.7 Your right to opt out

22.8 If part of this section is unenforceable

If the class-action waiver in section 22.4 is found unenforceable as to a particular claim or request for relief, then that claim or request will be severed and heard in a court of competent jurisdiction under section 23, while all other claims proceed in arbitration. If section 22.4 is found unenforceable in its entirety, then this whole section 22 is void and disputes go to court under section 23. The rest of these Terms is unaffected either way.

22.9 Time limit

To the extent permitted by law, any claim arising out of or relating to these Terms, the Site or the Software must be brought within one year after it arises, or it is permanently barred. This does not shorten any limitation period that cannot lawfully be shortened.

22.10 Survival

This section survives termination of these Terms and the end of your licence.

23Governing law and venue

These Terms and any dispute arising out of them are governed by the laws of the State of Texas, United States, without regard to its conflict-of-laws rules, and by applicable US federal law (including the Federal Arbitration Act). The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

For any dispute not subject to arbitration — because it falls within an exception in section 22.3, because you opted out under section 22.7, or because section 22 is held unenforceable — you and we agree to the exclusive jurisdiction and venue of the state and federal courts located in the State of Texas, and each of us waives any objection to that venue on grounds of inconvenient forum.

If you are a consumer resident in a country whose law gives you the right to bring proceedings in your local courts, or entitles you to the protection of mandatory consumer-protection rules of your own country, nothing in this section takes that right away from you.

24Texas consumers

Nothing in these Terms waives or limits any right you may have under the Texas Deceptive Trade Practices–Consumer Protection Act (Texas Business & Commerce Code, Chapter 17). We do not ask you to waive it and we do not intend these Terms to have that effect. To the extent any provision here would operate as a prohibited waiver of that Act, or of any other consumer-protection statute whose protections cannot lawfully be waived, that provision does not apply to you.

25Changes to these terms

We may update these Terms as our products and the law change. When we do, we'll change the "Last updated" date at the top and post the revised version here.

Changes are not retroactive. The version of these Terms in effect on the day you bought a Plugin governs that purchase and your licence to it. If we make a material change, we'll note it clearly on this page. Continuing to use the Site or buying again after a change means you accept the updated Terms for that use or purchase. If you don't agree to a change, stop using the Site — your existing licences continue under the terms you originally agreed to.

26General provisions

Entire agreement. These Terms, together with our Privacy Notice and Cookie Notice, are the whole agreement between you and us about the Site and the Software, and replace any earlier understanding on that subject.

Severability. If any provision is held invalid or unenforceable, it will be limited or removed to the minimum extent necessary, and the rest stays in force. Section 22.8 governs that section specifically.

No waiver. If we don't enforce a provision straight away, that isn't a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these Terms or your licence to anyone, and any attempt to do so is void. We may assign these Terms to a successor in connection with a merger, acquisition, reorganisation, or sale of all or substantially all of our assets — including the incorporation of this business into a limited liability company or other entity — on notice posted to the Site.

Force majeure. Neither of us is liable for a delay or failure to perform caused by something outside our reasonable control, including natural disasters, war, civil unrest, labour disputes, epidemics, government action, power or internet failures, and outages at hosting, storage or payment providers.

No third-party beneficiaries. These Terms don't give rights to anyone other than you and us.

Notices. We may give you notice by email to the address used at checkout or by posting to the Site. You give us notice by emailing support@awardaudiotools.com.

Interpretation. Headings are for convenience only. "Including" means "including without limitation". These Terms won't be construed against either of us as the drafter.

Language. These Terms are written in English. Any translation is provided for convenience; the English version controls to the extent permitted by law.

27How to contact us

Questions about these Terms, refunds, licensing or anything else — one address reaches a real person:

Award Audio Tools
Alex Ward, sole proprietor
Texas, United States
support@awardaudiotools.com

If you need our full mailing address for a formal legal notice, email us and we'll provide it.