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Terms & Conditions | Imprint

Terms of Use

Last Updated: February 2025

These Terms of Use (the “Terms”) are a legally binding agreement between you and Phil Speiser GmbH (hereinafter “Company,” “we,” “us,” or “our”) governing your access to and use of https://philspeiser.com and any related platforms (collectively, the “Site”).

Our Company is registered in Austria, with our registered office at Vienna 1030, VAT number ATU79459603. By accessing the Site, you confirm that you understand and accept these Terms. If you do not agree with any part of these Terms, you must not use our Site.

We may update these Terms occasionally. Changes take effect from the “Last Updated” date noted above. Your continued use after any updates constitutes acceptance of the revised Terms. You are responsible for reviewing these Terms regularly.

This Site must not be used where local laws prohibit it or require compliance with specific industry regulations (e.g., HIPAA, FISMA). Additionally, the Site is not intended to support compliance with the Gramm-Leach-Bliley Act (GLBA). If you are under the age of 18 (or such other age of majority in your jurisdiction), you must have permission from your parent or legal guardian before using the Site.



1. DISCLAIMER: LICENSE FOR PLUGINS AND PACKS

  1. Grant of License
    Subject to your payment of the applicable price and your adherence to these Terms, we grant you a worldwide, non-exclusive, non-transferable license to:
    • Download and install the purchased Plugins on your personal computers.
    • Use all sounds, effects, and functionalities in the Plugins for producing your music. All content provided in the Packs and Plugins is royalty-free and permitted for commercial use.
  2. Restrictions
    You must not, under any circumstances:
    • Share the Plugins or Packs with any individual who has not purchased them from philspeiser.com.
    • Resell or redistribute the Packs in their original form.
  3. Termination of License
    If you violate these Terms, the above license will automatically terminate upon such breach, regardless of whether we notify you. Upon termination, you must immediately cease using the Plugins and Packs and delete or destroy any copies.


2. REFUND POLICY

  1. Digital Products
    • Samples & Ableton Presets: All sales are final; no refunds are provided.
    • Plugins: We offer a 30-day refund period from the date of purchase for plugins only. If you are not satisfied within this period, you may request a refund by contacting our support team. Plugins must be deactivated before a refund is issued.
  2. Conditions for Refund

    We reserve the right to review the request and may decline a refund if there is evidence of significant use or any violation of these Terms. Refunds will not be provided for issues arising from your own technical environment if our support team confirms the product itself is functioning as intended.



3. AGREEMENT TO TERMS

By accessing the Site, you confirm that you understand and agree to these Terms, including all updates and policies incorporated by reference (e.g., our Privacy Policy). You are responsible for regularly reviewing the Terms to keep informed of any changes. You will use the Site only in compliance with all applicable laws and regulations. You will not use the Site in any jurisdiction where it is prohibited or in violation of local law.

If you do not agree with any provision of these Terms, you must refrain from using the Site.



4. INTELLECTUAL PROPERTY RIGHTS

  1. Ownership
    The Site, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (collectively, the “Content”), as well as any associated trademarks, service marks, and logos (“Marks”), are owned or licensed by us. These are protected by copyright, trademark, and other intellectual property laws.
  2. License to Use Site
    You are granted a limited, non-exclusive, revocable license to access and use the Site and Content for your personal, non-commercial use only. We reserve all rights not expressly granted in these Terms.
  3. Prohibited Use
    Unless expressly authorized by us in writing, you must not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site.


5. USER REPRESENTATIONS

By using the Site, you warrant that:

  • All registration information you submit is accurate, and you will keep it updated.
  • You have the legal capacity to agree to these Terms.
  • If you are under 18 (or the age of majority in your jurisdiction), you have received parental or guardian permission to use the Site.
  • You will not use the Site for any illegal or unauthorized purpose.
  • Your use of the Site does not violate any applicable law or regulation.


6. USER REGISTRATION

You may be required to register an account. You are responsible for maintaining the confidentiality of your account login information. We have no liability for any unauthorized use of your credentials.



7. PRODUCTS

  • Availability: Product availability is subject to change without notice.
  • Discontinuation: We may discontinue any product at any time, at our discretion, without notice.
  • Pricing: Prices may change without notice. We reserve the right to correct any pricing errors.


8. PURCHASES AND PAYMENT

  1. Payment Methods
    We accept Visa, Mastercard, American Express, PayPal, Google Pay, Apple Pay, and other methods as listed on our Site.
  2. Accurate Information
    You agree to provide current, complete, and accurate purchase and account information. You must promptly update any changes, such as billing address or payment details.
  3. Taxes
    Applicable taxes (e.g., VAT) may be added to your purchase. You are responsible for paying any such taxes.
  4. Order Refusal
    We reserve the right to refuse or cancel any order at our discretion, including orders that may have incorrect pricing due to typographical or technological errors.


9. PROHIBITED ACTIVITIES

You agree not to:

  • Use the Site to engage in illegal activities or any fraudulent scheme.
  • Harvest or otherwise collect information about users or the Site without our permission.
  • Circumvent, disable, or otherwise interfere with security features of the Site.
  • Introduce viruses, Trojan horses, or any other material that is malicious or technologically harmful.
  • Disrupt or interfere with the operation of the Site or any network or servers used by the Site.


10. USER GENERATED CONTRIBUTIONS

The Site does not primarily offer user-generated content features. However, if you do post or submit any text, images, or other materials (collectively, “Contributions”), you are responsible for ensuring these Contributions comply with all applicable laws and do not infringe the rights of any third party.



11. CONTRIBUTION LICENSE

By posting Contributions on the Site, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, and distribute such Contributions for promotional, marketing, or any other lawful business purpose. You retain full ownership of your Contributions. You represent and warrant that you own or have the right to grant these rights to us.



12. SUBMISSIONS

You acknowledge that any suggestions, feedback, or other submissions you provide to us become our sole property. We have no obligation to provide compensation or acknowledgment for them.



13. SITE MANAGEMENT

We reserve the right, but not the obligation, to monitor the Site for violations of these Terms, take appropriate legal action against anyone who violates the law or these Terms, and otherwise manage the Site in a manner designed to protect our rights and property.



14. PRIVACY POLICY

Your use of the Site is also subject to our Privacy Policy (incorporated here by reference). By using the Site, you consent to the processing of your personal data as described in that policy.



15. TERM AND TERMINATION

These Terms remain in full force while you use the Site. We may terminate or suspend your access at any time without notice if we determine you have violated any provision of these Terms. Upon termination, your right to use the Site immediately ceases.



16. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time for any reason at our discretion without notice. We also reserve the right to modify or discontinue all or part of the Site without notice. We are not liable for any interruption or lack of availability of the Site.



17. GOVERNING LAW

These Terms are governed by and construed in accordance with the laws of Austria, excluding the UN Convention on Contracts for the International Sale of Goods. Any disputes shall be resolved in the competent courts of Vienna, Austria, unless otherwise mandated by applicable law.



18. DISPUTE RESOLUTION

If you are an EU consumer, you may use the EU’s Online Dispute Resolution platform at https://ec.europa.eu/consumers/odr to resolve disputes.



19. CORRECTIONS

We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Site at any time, without prior notice.



20. DISCLAIMER

The Site and all content or services provided through it are offered on an “as-is” and “as-available” basis. We disclaim all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. We make no warranty that the Site will meet your requirements or be uninterrupted or error-free.



21. LIMITATIONS OF LIABILITY

To the fullest extent permitted by law, in no event shall we, our directors, employees, or agents be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, even if we have been advised of the possibility of such damages.



22. INDEMNIFICATION

You agree to indemnify, defend, and hold us harmless from and against any loss, damage, liability, claim, or demand arising out of or related to your breach of these Terms or your misuse of the Site.



23. USER DATA

We may maintain certain data that you transmit to the Site for the purpose of Site management. While we regularly back up data, you are responsible for all data that you transmit or relate to any activity you have undertaken using the Site.



24. ELECTRONIC COMMUNICATIONS

Using the Site or sending emails to us constitutes electronic communications. You consent to receive electronic communications from us, and you agree that any agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing.



25. CALIFORNIA USERS AND RESIDENTS

If any complaint regarding the Site is not resolved to your satisfaction, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at:

  • 1625 North Market Blvd., Suite S-202, Sacramento, California 95834
  • Phone: (800) 952-5210 or (916) 445-1254


26. MISCELLANEOUS

These Terms, together with any other policies or legal notices we publish on the Site, constitute the entire agreement between you and us. No waiver by us of any breach of these Terms shall be deemed a waiver of any preceding or subsequent breach. The headings contained in these Terms are for convenience only and shall not affect the interpretation of the Terms. If any portion of these Terms is held to be invalid or unenforceable, the remaining portions shall remain in full force and effect.



27. CONTACT US

If you have any questions or comments about these Terms, or to report a violation of these Terms, please contact us at:

We appreciate your cooperation and thank you for using our Site and products.



By using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms.