Terms of service
1. Definitions
“Tapeminded”, “we”, “us”.
“Product”: an audio plugin license offered through tapeminded.com.
“Customer”: the individual or legal entity purchasing a license.
2. The product and the license
The customer purchases a non-exclusive usage license for the purchased product. The license is single-user, multi-machine: one user, unlimited number of the user’s own devices, commercial use permitted. For use by multiple people within one organization, a separate license is required per user. Please contact us for this. Use of the software itself is governed by the Tapeminded End User License Agreement, available at tapeminded.com. If these terms and the license agreement conflict, the arrangement most favorable to the consumer applies.
3. Updates and versions
Updates within the same major version of a product are free of charge. Tapeminded reserves the right to release a new major version as a separate, paid product. Tapeminded is not obligated to continue maintaining or updating earlier major versions. All updates are provided at the sole discretion of Tapeminded and subject to system compatibility requirements.
4. Transfer of license
A license is personal but transferable. To transfer a license, the customer must send a request to info@tapeminded.com. Tapeminded will administratively reassign the license to the new user. The customer acknowledges that upon transfer, the original license record is retained administratively in our database, and a new license key will be issued to the recipient. License transfers are not possible within the first 30 days after purchase.
5. Right of withdrawal
5.1 Right of withdrawal (consumers)
The delivery of the software license constitutes the delivery of digital content not supplied on a tangible medium. Consumers retain any statutory right of withdrawal granted by law. In addition, and regardless of any statutory rights, every customer can make use of the 30 day refund policy described in Article 6, which is broader than the statutory cooling off period.
5.2 Exclusion for business customers (B2B)
If the customer is acting in the course of a profession or business (business customer), the right of withdrawal and any form of cooling-off period or right to return or cancel the software license is entirely excluded. All business purchases are final.
6. Refund policy
Separately from the right of withdrawal, Tapeminded applies a goodwill policy: within 30 days of purchase, the purchase amount will be refunded on request, without further conditions. Tapeminded reserves the right to deviate from this in cases of demonstrable abuse. When a purchase is refunded, the license ends and the serial number is deregistered.
7. Liability
7.1 Limitation to purchase amount
The total liability of Tapeminded for an attributable failure to perform the agreement, tort, or on any other basis, is limited per event (where a series of related events counts as one event) to compensation for direct damages up to a maximum of the amount the customer paid for the specific license that caused the damage.
7.2 Exclusion of indirect and consequential damages
Liability of Tapeminded for indirect damages, consequential damages, loss of profit, missed savings, reduced goodwill, damages due to business interruption, and damages resulting from loss, corruption, or destruction of data is expressly excluded.
7.3 Consumer protection
The limitations set out in Articles 7.1 and 7.2 do not apply insofar as the customer is a consumer and these limitations are deemed unreasonably onerous under mandatory consumer law. In that case, liability remains limited to the maximum amount permitted by law.
7.4 Exception for intent and gross negligence
The limitations and exclusions of liability set out in this article do not apply insofar as the damage results from intent or willful recklessness on the part of the management of Tapeminded.
8. Company information
Tapeminded is a trading name of Innosons Interactive Media, registered at KvK 58553274, VAT ID NL002172218B73. Contact via info@tapeminded.com.
9. Governing law
These terms are governed by Dutch law.