Terms and Conditions

By using the ToneBoosters website (the "Site") and related services, including services provided by ToneBoosters partners, and/or by downloading, installing, purchasing or using ToneBoosters software (the "Software"), you confirm to have taken notice of all clauses of the end-user license agreement (EULA) as well as the privacy policy and that you acknowledge acceptance of all terms of these agreements. If you do not wish to do so, please do not use the Site and promptly delete the software from all computers, mobile devices, storage media, and services that you may have, administer or have access to.

Privacy Policy

This Privacy Policy governs the manner in which ToneBoosters collects, uses, maintains and discloses information collected from users ("User") of the Site or the Software. This privacy policy applies to the Site and all products, services and purchases offered by ToneBoosters, including ToneBoosters partners.

Personally identifiable information (PII)

ToneBoosters may collect personally identifiable information (PII) from Users in a variety of ways and circumstances, including, but not limited to: when Users visit our Site, register on the Site, place an order, subscribe to the newsletter, respond to a survey, or fill out any form, and in connection with other activities, services, features or resources we make available on our Site or through social media. Users may be asked for their name, email address, mailing address, phone number, payment and/or credit card information, as appropriate. For security and audit purposes we may collect the IP address, date and time of user interactions and data traffic related to the Site. Users may, however, visit our Site anonymously. Users may always refuse to supply personally identification information, though this may prevent them from engaging in certain Site-related activities, services, product support and purchases.

Non-personally identifiable information

ToneBoosters may collect non-personally identifiable information about Users whenever they interact with our Site and Software. Non-personally identifiable information may include browser name, type of computer, referrer URLs, and technical information about the User's means of connecting to our Site, such as the operating system, the Internet service provider utilized and other similar information.

Use of collected information

ToneBoosters may use aggregate information to personalize the user experience and to understand how the Users as a group use the services and resources provided on the Site. ToneBoosters may use collected information to improve the Site and its offerings. ToneBoosters may use collected information to improve customer service. ToneBoosters may use collected information to process and validate purchases, transactions and software licenses. ToneBoosters may use the information Users provide about themselves when placing an order to provide service for that particular order. ToneBoosters may use collected information to send Users information that we think will be of interest to them. This may include periodic emails informing Users about product updates, launches, sales, company news or service information etc. Users who wish to unsubscribe from this information will be able to do so at any time by following the instructions found at the bottom of each information email they receive from ToneBoosters. ToneBoosters does not sell, trade, or rent out Users' personal identification information to other parties. ToneBoosters may however share your personal information with third-party service providers only to help operate its business, such as sending out newsletters, processing of payments, distribution of activation codes, validation and administration of software licenses, etcetera.

Website analytics and cookies

To improve your experience on the Site we may use 'cookies'. Cookies are an industry standard and most major websites use them. A cookie is a small text file that the Site may place on your computer as a tool to remember settings or preferences. To provide functionality that is strictly necessary for the operation of our website, we work with third party partners, including our reseller (2Checkout, now Verifone). Third-party cookies are covered by the third parties' privacy policy.

Authorised resellers

Orders and purchases of the Software are processed by authorised resellers. ToneBoosters partners with 2Checkout (now Verifone) for purchase transaction and payment processing as well as software license registration and delivery. By purchasing the Software, you consent to your personal information (including name, email address, postal address, payment information, product(s) licensed and business identifiers) being stored on 2Checkout's servers to be used in accordance with 2Checkout's Privacy Policy (https://www.2checkout.com/policies/privacy-policy). The Software requires this data to be stored on the authorized reseller's servers for the lifetime of the license of the Software in order for the Software to function as intended.

Right of access and erasure of personally identifiable information (PII)

A User has the right to demand access to personally identifiable data. Personally identifiable information of Users cannot be erased due to financial and legal requirements unless the last User transaction took place more than three years ago. ToneBoosters and its resellers use customer's email address and other personal information to distribute, manage, activate, deactivate and provide support for the Software. Upon erasure of personally identifiable information held by ToneBoosters or its reseller(s), all software licenses held by User for the Software will automatically be cancelled and deleted. No updates, support nor discounts can be provided after erasure of personally identifiable information, nor can cancelled, lost or damaged licenses be recovered or transferred by ToneBoosters or any of its resellers.

Protection of personally identifiable information (PII)

ToneBoosters follows appropriate data collection, storage and processing practices and suitable security measures in order to protect against unauthorised access, alteration, disclosure or destruction of your personal information, username, password, transaction information, and all other data stored on our Site. Submitted forms, payment and purchase data exchanges between the Site, ToneBoosters, its partners and its Users happens over a secured SSL communication channel and is encrypted and protected with digital signatures.

Changes to this privacy policy

ToneBoosters has the discretion to update this privacy policy at any time. Users acknowledge and agree that it is their responsibility to review this privacy policy periodically and become aware of modifications.

Acceptance of the privacy policy

By using this Site, you signify your acceptance of all terms provided in this policy. If you do not agree to this policy, please do not use this Site. If you continue to use the Site after changes to this policy are posted, you will be considered as having accepted those changes.

End User License Agreement (EULA)

Object of the agreement

The object of this agreement is the ToneBoosters Software. ToneBoosters.com is the holder of all copyrights, rights of ownership, and other rights concerning the Software. By downloading, using, installing, purchasing or copying the Software, you (the "User") confirm to have taken notice of all clauses of this agreement and that you acknowledge acceptance of all terms of this agreement.

Restrictions

Without written confirmation of ToneBoosters.com, the User has no permission to sell, license, give-away and/or distribute the Software, or parts of it in any way, on any medium, including the Internet, to any other person, including sub-licensors. This includes re-working the specification, or reverse-engineering any products based upon this specification. The User may not purchase, use, or access the Software or the Site for the purpose of building a competitive product or service for any other competitive purposes.

Perpetual license

AA perpetual license agreement grants the designated Licensee a non-exclusive license during the term of the agreement solely for the processing of audio within an audio editor, mobile application or digital audio workstation. Unless explicitly stated otherwise, all ToneBoosters licenses are single-user licenses. A license can only be used by the designated Licensee and on up to four (4) personal computer(s).

Subscription service

Subscription agreements are entered into by and between the entity or person placing the order for the service (designated "Client") and ToneBoosters or one of its authorized resellers. Subscription agreements include automatically recurring payments for periodic charges to use the Software ("Subscription Service"). A Client who activates a Subscription Service authorizes ToneBoosters or one of its authorized resellers to periodically charge, on a going-forward basis and until termination of the subscription agreement. The Client must cancel the subscription before it renews in order to avoid billing of the next period subscription fee to the subscription account. Subscription agreements grant a non-exclusive right during the term of the agreement to use the Software solely for the processing of audio within and audio editor, mobile application or digital audio workstation. Unless explicitly stated otherwise, all ToneBoosters subscription services are single-user services. A subscription service can only be used by the designated Client of the service. The designated Client is permitted to install the software on up to four (4) personal computer(s).

Perpetual license transfers

A perpetual license designated as "educational", "EDU", "Not for Resale", "Demo", "beta" or "NFR" is not transferrable nor does it qualify for upgrades. One or more registered license(s) can only be transferred from the party relinquishing the license(s) (the transferor) to the party receiving the license(s) (the transferee) after payment of the applicable transfer administration fee, AND after ToneBoosters has received the required contact details (full name and valid email address) of both the transferor and transferee. If a licensee has upgraded or cross graded a Software license from product A to product B by acquiring an upgrade or cross grade license for product B, the license of product A is not transferrable unless combined with the license for product B in one single license transfer (e.g. licenses for product A and product B are both transferred from one licensee (the transferor) to the party receiving both licenses (the transferee). Software license transfers from transferors who have already acted as transferor of the same product in the past are not allowed; customers may transfer a particular product to another licensee only once. A Software license can be transferred only once. A license that is or has been transferred is or will become a "Not for Resale" (NFR) license without account registration with ToneBoosters nor one of its authorized resellers. Subscription agreements (Software as a Service, "Saas") are not transferrable. Cancelled licenses are not transferrable.

Product upgrades

TToneBoosters.com may provide time-limited and restricted upgrade or cross grade offers to upgrade or cross grade an existing, qualifying license ("Upgradable License") to a new license for another product or service ("Upgrade"). Upgrades or cross grades require a qualifyingToneBoosters.com Upgradable License that was purchased through an authorised reseller only, must still be valid, and may never have been transferred, disabled, cancelled, upgraded from or to another product, or otherwise cancelled or paused. Upgrades are not applicable to subscription service licenses. A qualifying Upgradable License can only be upgraded to another product once. Licenses designated as "educational", "EDU", "Not for Resale", "Demo", "beta" or "NFR" do not qualify for upgrades. The Upgradable License and the new license as a result from the Upgrade process must be associated with the same licensee.

Liability for consequential damages

ToneBoosters.com will not be liable for any consequential, special, incidental, direct or indirect damages of any kind, including the loss of data, damage of data-storage-devices, or any loss or damage to other programs being used, arising out of the use of the Site or Software, including any future up-dates.

Product warranty

ToneBoosters.com provides the Software on an 'AS IS' basis. ToneBoosters.com makes no warranties, express or implied, including without limitation the implied warranties of merchantability and fitness for a particular purpose, regarding the Software or Site or operation and use in combination with the User's program. In no event shall ToneBoosters.com be liable for incidental or consequential damages arising from the use, or distribution of the Software or Site, whether theory of contract, product liability or otherwise. ToneBoosters.com may release improved versions of the Software but offers no commitment whatsoever that such releases will occur at any time or for anybody. ToneBoosters is not liable and makes no warranties for software updates introduced by third parties, such as vendors of plugin hosts, digital audio workstation software, computer operating systems, and alike.

Term of the agreement

Perpetual license agreements shall in principle run for an unlimited period. If the Licensee is in breach of any of its obligations set out in this agreement, ToneBoosters.com shall be entitled to terminate this agreement immediately and inform the Licensee about it. In such a case, this license and all the rights granted to the Licensee herein shall immediately cease. Subscription agreements can be terminated by the Client, by ToneBoosters or by an authorize reseller through the account management web page of the authorized reseller of the agreement. Subscription agreements can only be terminated by the Client with a one-month interval. If the Client is in breach of any of its obligations set out in this agreement, ToneBoosters.com shall be entitled to terminate the agreement immediately and inform the Client about it. In such a case, the subscription agreement and all the rights granted to the Client herein shall immediately cease.

Refunds

ToneBoosters.com Software for desktop operating systems, e.g. Microsoft Windows and/or Apple macOS ("Desktop license") can be trialed and tested for an unlimited period of time. For said trial purpose, ToneBoosters provides free trial versions for prospective licensees and clients to reassure that the Software is working properly on their Windows or macOS desktop computer(s) before acquiring a license or entering a subscription agreement via the Site or via authorised resellers. In the highly unlikely event that the free trial version of desktop software functions differently after acquiring a license or subscription agreement and in an unexpected manner, a refund for a Desktop license can be requested but only within 14 days of purchase of the license or the date of entering the subscription agreement. Desktop license refunds can be accepted if and only if a license or subscription agreement was obtained from ToneBoosters directly or through an authorised reseller. No refunds will be granted by ToneBoosters for licenses that have ever been transferred from one licensee to another licensee. A Software license designated as "educational", "EDU", "Not for Resale", "Demo", "beta", "Free", "Legacy" or "NFR" is not refundable. Subscription agreements are not refundable but can be terminated with a one-month interval. If a licensee has upgraded or cross graded a Software license from an upgradable product A to upgrade or cross grade product B, the license of product A is not cancellable or refundable unless licenses for both product A and B are cancelled simultaneously. ToneBoosters software obtained via the Google Play Store (for Android) or via the Apple Appstore (for Apple iOS and iPadOS) are subject to the terms and conditions of the respective stores, including their refund policies.

Changes to the end-user license agreement

ToneBoosters has the discretion to update the end-user license agreement at any time. Users acknowledge and agree that it is their responsibility to review the terms of this agreement periodically and become aware of modifications.