Terms & Conditions - Privacy policy

TERMS OF USE

1. License and acceptance

Please read this contract carefully.
This is a legal agreement between you (customer) and Eplex7 DSP Digital Instruments (author – manufacturer of software products and provider of audio services). By using all or any portion of the software you accept all the terms and conditions of this agreement. This license agreement is your proof of license to exercise the rights granted herein and must be retained by you. As between you and Eplex7 DSP Digital Instruments, Eplex7 DSP Digital Instruments retains all title to and ownership of the software product and reserves all rights not expressly granted to you. Eplex7 DSP‘s products (services) can be purchased only by private customers. If you want to buy these products as EU based company please contact us for necessary information before purchase. Orders from the e-shop can only be made by private persons – non-entrepreneurs. Self-employed entrepreneurs and companies cannot place orders through our e-shop – due to a different method of invoicing (transfer of tax liability between entrepreneurs in the EU, etc.). If you are an EU citizen and want to order our products as a company or self-employed / entrepreneur, please contact us in advance and we will issue you a different type of invoice before purchase.

2. Limitations

Any of the products, either in whole or in part, MUST NOT be used on any machine which is used for the research, development, construction, testing or production of weapons or other military applications. This also includes any machine which is used in the education for any of the above mentioned purposes, as well as people who accept, support or use any kind of violent or other aggressive behavior against other people or animals.

3. Terms and conditions of use

This program is not free, if you use it, you must to legally purchase it and register it. You can obtain the full version license by registering at the software’s home page. Upon the reception of the full version of the software product from the author you become a legal owner of the full version personal license. A personal registration will grant you the personal license to use full version of this product to its full extent, including the royalty-free use of the software product in your productions, recordings and / or performances. Obtained software is for your personal use only and cannot be given to any other person. For your convenience you are permitted to load, install and use the software contained in this package on more than one computer provided that such installations are for your own use only. Should you violate the terms of the license, the author has the right to terminate your license, without any obligation to you.

4. Distribution

You may not distribute full, alpha and beta versions of the software product in any form without prior written permission from Eplex7 DSP Digital Instruments to a third party. It is strictly prohibited to distribute, lend, rent or sell full, alpha or beta versions. You undertakes not to copy the software or otherwise reproduce the same provided that you may copy the software for back-up or installation purposes as laid out within the terms of this license. Eplex7 may cancel your order without giving a reason and refund your full payment, including transaction fees. The selected Eplex7 software is registered in the full name and e-mail of the buyer and the buyer is obliged to enter the full name, address, country. If information about illegal distribution appears credibly, or a copy of the software registered in your name is illegally distributed, we have the right to take all legal action to protect our intellectual property and block you from accessing other updates and accessing your software download account. If there is a suspicion that the order could be executed using a stolen credit card, a stolen payment / PayPal account, different e-mail addresses and different IP addresses from different locations, the unrealistic name and address entered, or another fact creating an Eplex7 suspicion will be used. may require the buyer to confirm his identity by sending a copy of his ID, if not sent, Eplex7 may not register the products and return the payment in full, including transaction fees. The customer should provide his full name, address and country when making the payment.

5. Decompiling, disassembling or reverse engineering

You acknowledge that the software product contains trade secrets and other proprietary information of Eplex7 DSP Digital Instruments. Except to the extent expressly permitted by the laws of the jurisdiction where you are located, you may not decompile, disassemble or otherwise reverse engineer the software product, or engage in any other activities to obtain underlying information that is not visible to the user in connection with normal use of the software product. In particular, you agree not for any purpose to transmit the software product or display the object code on any computer screen or to make any hardcopy memory dumps of the object code. If you believe you require information related to the interoperability of the software product with other programs you should request such information from Eplex7 DSP Digital Instruments. Upon receiving such a request, Eplex7 DSP Digital Instruments will determine whether you require such information for a legitimate purpose and, if so, Eplex7 DSP Digital Instruments will provide such information to you within a reasonable time and on reasonable conditions. You undertakes not to translate, adapt, vary or modify the software.

6. Copyright, patents, trade marks and other intellectual property rights

The copyright and other intellectual property rights in this software is owned by Eplex7 DSP Digital Instruments. You acknowledge that any and all of the copyright, trade marks, trade names, patents, and other intellectual property rights subsisting in or used or in connection with the software including all documentation and manuals relating thereto are and remain the sole property of the Eplex7 DSP Digital Instruments. You shall not during or at any time after the expiry or termination of this license in any way question or dispute the ownership by the Eplex7 DSP Digital Instruments thereof.

Please note: VSTi / VST is a trademark of Steinberg Media Technologies.

7. Warranty

You acknowledges that the software is not error-free and agrees that the existence of errors does not constitute breach of this License. Software product is provided for use “as is” without warranty of any kind. To the extent permitted by the applicable law, Eplex7 DSP Digital Instruments disclaims all other warranties with respect to the software either express or implied including but not limited to any implied warranties of merchantability, or fitness or quality for any particular purpose and/or use. Eplex7 DSP Digital Instruments is not obligated to provide any updates or upgrades to the software product.

8. Liability

Use of The Software is entirely at your own risk. Eplex7 DSP Digital Instruments shall not be liable to you for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with this license or the software, its use, installation or otherwise except to the extent that such liability many not be lawfully excluded under the law. Not withstanding the generality of (a) above Eplex7 DSP Digital Instruments expressly excludes liability for indirect, special, incidental, or consequential loss or damage which may arise in respect of the software, its use, the system or in respect of other equipment or property, or for loss of profit, business, revenue, goodwill or anticipated savings. In the event that any exclusion contained in this license shall be held to be invalid for any reason and Eplex7 DSP Digital Instruments becomes liable for loss or damage that may lawfully be limited, such liability shall be limited to the license fee paid by you for the software.

9. Termination

Your license shall terminate forthwith if you are in breach of any terms condition or provision of this license. Upon termination you shall remove all of the software and documentation covered by this license that is recorded on the hard disk of any computer under your control.

10. Product activation

After purchase you will get email from us with necessary installation instructions and download link to product within 24 hours from PayPal transaction (at the weekend until 48 hours). We manually generate each product for you. For security reasons the product will be sent to the email address used for PayPal payment. We need your email only to registration. You shall not pass your product to any party, who has not purchase the software. In the case this product registered to your email will be abused in any way, Eplex7 DSP Digital Instruments can track easily the owner and claim compensation as illegal spread of software. We are not collecting any personal information about you. Please do not send or do not provide any personal information as your name, address etc. to Eplex7 DSP. Please use only email that do not include your full name. By purchasing our products you agree with sending informational e-mails about our news, updates, new products (max 1 per month).

11. Refund and return policy

We require you to download and try the demo version of the product before purchasing to test compatibility with your DAW.
If you purchase one of the products, you will be sent an email with the full version after your payment has cleared.
Once this information is emailed to you and you downloaded the product, no refunds or product exchanges are possible.
No Refund Policy on all of software products which have already been downloaded!
Eplex7 DSP Digital Instruments does this because we offer digital products, which are available for customer after his / her purchase as download links.
If you received a download link but the product has not been downloaded yet, you can request to exchange the product for another product.

The contractor / manufacturer is:
Eplex7 DSP

INSTALLING THE PRODUCT FILE CONSTITUTES ACCEPTANCE OF THIS AGREEMENT.

Installation Instructions:
Follows the directives given by the present installer.

PRIVACY POLICY

GENERAL DATA PROTECTION REGULATION (GDPR)

01. WHAT DATA DO WE COLLECT?

– Your email must be provided in order to successfully process the order, make a payment, receiving the product and installation instructions, communicate with Eplex7 DSP via the contact form and/or receive our informational e-mails about our news, updates, new products (max 1 per month – optional).
– Data related to your identity, such as his firstname, lastname and full postal address for creating an invoice.
– Data about your order, as a shopping cart content and paypal email address used for the payment, product registration

No additional data are collected or stored!

02. HOW WE COLLECT CUSTOMER’S DATA

Eplex7 DSP directly collect only the data, that you enter into Eplex7 website via contact form (your email, name and message text) and via Buy now shopping button.
We indirectly collect customer’s data through cookies and tracers for google analytics purposes only.
The last method we can get in touch with your data is when you make the order with PayPal payment option. In this case PayPal share your data mentioned in article 1. to process your order.

No additional ways are used to collect customer’s data!

03. WHY WE COLLECT CUSTOMER’S DATA?

The answer is really simple, we need to know, where to send your order, product updates and informational e-mails, to whom generate product and an invoice and fulfill the contract.

04. WHO PROCESS CUSTOMER’S DATA?

The data are accessible only for the employee who is managing technical support to answer your question or user problems, managing the invoicing and payments. We use third party email software Mailchimp for sending and managing our mailing list.

Eplex7 DSP does not provide or share in any way your data with next third party organizations or individuals!

05. HOW LONG ARE STORED CUSTOMER’S DATA FOR?

Eplex7 DSP only stores your data (email) for the period necessary for the purposes explained in Article 3. Also we need to store your data relating to the invoice for legal purposes for 5 years.

06. HOW CAN YOU REVIEW WHAT WE HAVE STORED ABOUT YOU?

If you made purchase at Eplex7 DSP website via PayPal, you can ask us for providing stored data related to you.
This way you can verify that we have only data mentioned in Article 1 and nothing more.

07. HOW CAN CUSTOMER CHANGE / DELETE HIS / HER STORED DATA?

You can request Eplex7 DSP support to change or your data at any time. After that you will not be able to request purchased product again or request product updates anymore as all data related to you will be deleted. We need to store your data relating to the invoice for legal purposes for 5 years. After this time you can ask for removing data related to your purchase.

08. HOW IS CUSTOMER’S DATA PROTECTED?

Your data is stored on secure servers protected by modern firewalls and professional antivirus software. Eplex7 DSP has implemented technical and organizational measures intended to protect the security and confidentiality of your data against any accidental loss and any unauthorized access, use, modification or disclosure.
Given the inherent characteristics of the Internet, we cannot guarantee the optimal security of information exchanged over this network. We strive to protect your data but cannot guarantee the absolute security of information sent to Eplex7 website. You agree that you provides your data at your own risk. We cannot be held liable for any failure to comply with privacy settings and security measures implemented on Eplex7 website. As such, you agree that the security of your information is equally your responsibility.
You should be careful when you disclose information on public sections of Eplex7 website. They can be consulted by any user of Eplex7 website.

09. WHAT ARE CUSTOMER’S RIGHTS?

You can choose how the data you provides is used. You can decide to no longer receive Eplex7 e-mails, personalized offers and product updates. In this case, you can unsubscribe at any time by clicking on „unsubscribe“ in the e-mail. You has right to access and correct your data anytime.
In accordance with the provisions of the applicable regulations regarding Data protection, namely the European General Data Protection Regulation 2016/679
(GDPR) and the Slovak Data Protection Act no. 122/2013 and its amendments Act no. 84/2014, you has the right to access and correct your data.
You also have the right to stipulate directives relating to the fate of your data in the event of your death. Furthermore, subject to the conditions of the aforementioned regulation for exercising his rights, you have

– The right to erasure of your data.
– The right to limit processing of your data.
– The right to object to the processing of his data on legitimate grounds, in accordance with article 21 of the GDPR.
– The right to portability for the data you have provided.
– The right to withdraw consent, when it has been asked. When processing of your data has
occurred based on your consent, you may withdraw that consent at any time. However, he acknowledge that any processing that occurred before your consent was withdrawn remains entirely valid.

If you send us any documents with personal data via our system or e-mail or send them to a third party who cooperates with us (for example, invoices with personal data, your photo, CV, photo/scan of your identity card or passport for identification, or any other document) you automatically give us consent to the processing of personal data under this contracts, you agree to their processing and storage on our servers (or servers that we have leased from a hosting company) that takes care of security. These privacy terms apply throughout the life of the contract and after the purchase of the product.

However, in accordance with Article 12.6 of the GDPR, when you exercise these rights, Eplex7 DSP, as the controller, reserves the right to require proof of your identity. Please be aware that the data required to prove your identity will be deleted once Eplex7 has responded to your request.
You can exercise your rights by sending an email in English or Slovak to info(at)eplex7.com
Eplex7 DSP is required to reply within one (1) month to all requests regarding the exercising of these rights. This time frame may be extended to two (2) months for complex requests and large request volumes.

EPLEX7 COVER ART SERVICE

01. Exclusive album / ep covers / artworks.

This is an exclusive design / artwork designed by eplex7.com or our licensed designers. After purchase and transaction the product is manually deleted from our / all websites (catalogues) and will be never sold again. Design / artwork is sold only once to one customer (on first come first serve basis).

You (client who purchased artwork) are allowed:
– to use cover artwork to promote your music
– to use cover artwork in various music shops, social networks, videos etc. to promote your music, to print artwork as CD cover up to 9999 copies, to print merch up to 9999 copies, in marketing of your music, to sell digital cover image together with your digital music.

You (client who purchased artwork) are not allowed:
– to modify cover artwork and use it multiple times with different artist / different album names
– to modify cover artwork and re-sell it
– to use or modify demo covers (previews with watermark) from website
– to require refund of money after graphic file are finalized sent to you.

After purchase you will receive instructions and you will provide us your artist name, album / ep name (and others info if needed). Our team / graphic designer will add your name / album name to graphic design and we will send you final design in jpeg or png format in resolution 2000 x 2000 pixels or higher within 1-4 working days (not during weekend). One month after purchase graphic data / picture is deleted from our computer so you must make your own back-up copy (you cannot require to send design again). Our designers can use their own components and purchased commercial or free components / graphic resources from various private or public sources as photobanks, vectorbanks, 3D model banks etc. to create graphic design of cover artwork. These graphic components can be used multiple times in future but always in overall different artwork / album cover design. Album / EP covers in similar graphic style, mood or with components from graphic / vector / photo banks can be created in future. In busy period it may take up to 1-4 days until cover is finalized and sent to you, but usually sooner. We are not responsible for any copyright infringement by third party (for example if author upload graphic resources, elements, vectors, photos to commercial public or free photobanks / vectorbanks / graphic resource banks etc. which violate copyright, of course we are using only professional photobanks which clearly allows to use graphic resources in next work and offer full rights to use these resources in commercial work and have license agreement with 3^rd party authors). Revisions can be required only regarding text, size of text / font, not overall graphic, overall graphic can be modified by us only after previous discussion. Client allows us / gives us right to use his cover in our portfolio – as example of our work (for our own marketing purposes) at our website, other websites, social media, print etc.

02. Non-exclusive album / ep cover artworks

This is non-exclusive design / artwork designed by eplex7.com or our licensed designers. Non-exclusive means that slightly modified version of artwork can be sold to multiple customers just with changed artist / album name but with same graphics. Design / artwork is sold for unlimited time, unlimited copies and can be sold in various shops. You are not owner of non-exclusive design, you are just purchasing license for its limited use by terms in this license agreement. Copyright owner is always Eplex7.

You (client who purchased artwork) are allowed:
– to use cover artwork to promote your music
– to use cover artwork in various music shops, social networks, videos etc. to promote your music, to print cover as CD cover up to 5000 copies, in marketing of your music, to sell digital cover image together with your digital music.

After purchase you will receive instructions and you will provide us your artist name, album / ep name (and others info if needed) our team / graphic designer will add your name / album name to graphic design and we will send you final design in jpeg or png format in resolution 2000 x 2000 pixels or higher within 1-4 working days (not during weekend). One month after purchase graphic data / picture is deleted from our computer so you must make your own back-up copy (you cannot require to send design again). Our designers can use their own components and purchased commercial or free components / graphic resources from various private or public sources as photo banks, vectorbanks, 3D model banks etc. to create graphic design of cover artwork. These graphic components can be used multiple times in future but always in overall different artwork / album cover design. Album / EP covers in similar graphic style, mood or with components from graphic / vector / photobanks can be created in future. In busy period it may take up to 1-4 days until cover is finalized and sent to you, but usually sooner. We are not responsible for any copyright infringement by third party (for example if author upload graphic resources, elements, vectors, photos to commercial public or free photobanks / vectorbanks / graphic resource banks etc. which violate copyright, of course we are using only professional photobanks which clearly allows to use graphic resources in next work and offer full rights to use these resources in commercial work and have license agreement with 3^rd party authors). Revisions can be required only regarding text, size of text / font, not overall graphic, overall graphic can be modified by us only after previous discussion.

Updated on 1.2.2021