General Terms and Conditions (GTC)

Last Updated: June 2, 2025

Preamble

These General Terms and Conditions (GTC) govern the use of the website www.atomsoundware.eu (hereinafter „Website“) as well as the acquisition and use of all digital products offered by A-Tom Soundware (hereinafter „Provider“). The actual purchase process, payment processing, and provision of product downloads are handled by our authorized reseller, Payhip Limited.

1. Provider Identity and Scope of Application

1.1. These General Terms and Conditions (hereinafter „GTC“) apply to the use of the website www.atomsoundware.eu and to all contracts for the acquisition of licenses to use the digital products offered by the Provider (e.g., software, audio plugins, sample packs, presets, templates, e-books, hereinafter „Products“ or „Digital Content“). The provider of the Website and licensor of the Products is:

Thomas Zalud
A-Tom Soundware
Vogelsanggasse 33/8
1050 Vienna, Austria
Email: office@atomsoundware.eu
VAT ID: ATU81918338

(hereinafter „Provider,“ „We,“ „Us,“ or „Our“).

1.2. These GTC apply to both consumers and entrepreneurs (hereinafter collectively „Customer“ or „User“), unless an explicit distinction is made. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or self-employed professional activity.

1.3. The acquisition of the license to use the Products, payment processing, and provision of Product downloads are handled by Our authorized reseller and Merchant of Record, Payhip Limited (85 Great Portland Street, First Floor, London, W1W 7LT, United Kingdom, Company Reg. No. 08386910, hereinafter „Payhip“). The purchase contract for the Product is concluded between the Customer and Payhip and is subject to the terms and conditions presented by Payhip during the checkout process, including Payhip’s applicable terms of use and license terms.

1.4. These GTC supplement Payhip’s terms and specifically govern the specific license to use the respective Product according to the license file provided with the respective Product (e.g., LICENSE.txt or similarly named), Our support policies, warranty for the described functionality of the respective Product, and other aspects concerning the Product itself and the Customer’s legal relationship with Us as the author and licensor of the Product. They also govern the use of the content and information provided on Our Website.

1.5. Deviating terms of the Customer shall not apply unless We have expressly agreed to their validity in writing.

2. Subject Matter and Use of the Website

2.1. The subject matter is the granting of specific rights to use the respective Products acquired by the Customer, as detailed in the license file provided with the respective Product (e.g., LICENSE.txt), as well as the regulation of other aspects of Product use in the relationship between the Customer and Us.

2.2. The functionality, features, system requirements (if applicable), and installation instructions for the respective Product are detailed in the corresponding product description on the sales platform (Payhip) and/or in a file provided with the Product (e.g., README.txt, Manual.pdf, or similarly named), the review of which is recommended. These product-accompanying documents are an integral part of the license agreement for the Product.

2.3. Use of the Website:

a) The information provided on Our Website (e.g., product descriptions, blog articles, support information) serves for information purposes and to initiate purchases.
b) The content of Our Website is protected by copyright. Any reproduction, distribution, or other use of the content beyond the usual scope of website use requires Our prior written consent, unless otherwise permitted by law.
c) We strive to ensure the timeliness and accuracy of the information on Our Website but assume no liability for its completeness or correctness, except in cases of intent or gross negligence.

3. Conclusion of Contract for Products

3.1. The presentation of Products on Our Website and on Payhip’s platform does not constitute a legally binding contractual offer on Our part, but an invitation to the Customer to submit an offer (invitatio ad offerendum).

3.2. The Customer makes a binding offer to purchase a Product by completing the order process on Payhip and clicking the corresponding button (e.g., „Buy Now,“ „Order with obligation to pay“).

3.3. The purchase contract is concluded when Payhip accepts the Customer’s offer, usually by an order confirmation via email and/or by providing the download link for the Product. The contracting party for the purchase transaction is Payhip.

4. License and Rights of Use for Products

4.1. The specific rights to use, copy, modify, and distribute the respective Product and its various components are detailed in the license file (e.g., LICENSE.txt) provided with the respective Product. The respective license file is an integral part of these GTC. By downloading and/or using the Product, You agree to the provisions of the associated license file.

4.2. For software Products or components thereof, specific open-source licenses may apply. For example, compiled binaries of plugins (e.g., VST3, AU) may be licensed under terms such as the GNU General Public License v3 (GPLv3). If this is the case, it will be detailed in the product-accompanying license file (Part A or similar). In compliance with the GPLv3 (or a comparable open-source license), the complete corresponding source code may then be publicly available, as specified in the product description and/or accompanying files (e.g., README.txt, LICENSE.txt). Such open-source licenses grant You certain freedoms that may extend beyond a general End User Licence from Payhip or a proprietary license and shall take precedence.

4.3. Other Products or components (e.g., Max/RNBO patches, TouchOSC layouts, sample packs, presets, e-books, documentation) are generally licensed under a proprietary license, the terms of which are specified in the license file (Part B or similar) provided with the respective Product.

4.4. Unless expressly permitted by the applicable license terms in the respective product-accompanying license file (especially by any applicable open-source licenses such as the GPLv3), You may not, in particular:

a) Use the Product or parts thereof in a manner that contradicts the provisions of the associated license file.
b) Use or modify the „A-Tom Soundware“ logo or branding without Our prior written permission (unless explicitly permitted by an applicable license, e.g., within the scope of the GPL).

4.5. It is clarified that Payhip’s general terms of use are supplemented by, and in case of conflict regarding permitted use, modification, or distribution of the Product, are superseded by the specific and often more permissive license terms of the license file provided with the respective Product (especially any open-source licenses such as the GPLv3 for corresponding software components).

5. Prices, Payment Terms, Delivery

5.1. All prices for Products listed on Our Website and on Payhip are final prices in the currency indicated (e.g., EUR or USD). They include the applicable statutory Value Added Tax (VAT), which is calculated and remitted by Payhip based on the Customer’s location.

5.2. Payment processing is handled exclusively by Payhip. The payment methods offered by Payhip and their payment terms apply.

5.3. Delivery of digital Products is made by Payhip providing a download link after successful receipt of payment.

6. Right of Withdrawal for Consumers (regarding Product purchase)

6.1. For the acquisition of Products via Our reseller Payhip, Payhip’s withdrawal (cancellation) terms and policy apply. As the purchase contract is concluded directly with Payhip, Payhip is your point of contact for exercising any right of withdrawal in accordance with their terms. Typically, for digital content, the right of withdrawal expires if you have consented to the performance of the contract (e.g., starting the download) before the end of the withdrawal period and have acknowledged that you thereby lose your right of withdrawal. This consent is usually obtained by Payhip during the checkout process.

7. System Requirements & User Responsibility (if applicable to the Product)

7.1. You are solely responsible for ensuring that Your system (e.g., computer system, operating system, Digital Audio Workstation (DAW), specific software like Max for Live, hardware like Raspberry Pi) and any other relevant hardware or software meet the minimum system requirements specified in the product description and/or the accompanying file (e.g., README.txt) for the respective Product or its format.

7.2. We are not responsible for the Product’s performance or non-performance if Your system does not meet these specified requirements.

7.3. Specific Provisions for Certain Product Types (Example for Raspberry Pi usage, if still relevant for some products):

a) You acknowledge that installing and using certain Products (e.g., software for single-board computers like Raspberry Pi) may require specific hardware, appropriate software, and potentially a significant degree of technical proficiency, as further detailed in the respective product description and/or README.txt.
b) Basic setup knowledge for the required environment (e.g., Max/RNBO on Raspberry Pi) may be assumed. We are not responsible for issues arising from Your individual configuration or setup errors, unless a demonstrable defect in the acquired Product itself is present.

8. Support

8.1. We offer support for Our Products as described on Our Website (www.atomsoundware.eu) or in the documentation provided with the respective Product (e.g., README.txt). Support is typically provided via email (office@atomsoundware.eu).

8.2. Support primarily covers questions and issues related to the installation (for standard installers and common formats like Ableton Live devices, where applicable) and the intended functionality of the Products supplied by Us, when used in a compliant and correctly configured environment.

8.3. For Products requiring complex setups (e.g., software for Raspberry Pi or similar specific environments): Support is provided on a best-effort basis and does not guarantee a solution for every individual setup issue.

8.4. We are not obliged to provide support for modified versions of software Products or for issues arising from Your modifications to the source code obtained, if applicable, under an open-source license like the GPLv3.

9. Warranty / Liability for Defects (related to Product functionality)

9.1. We warrant that the respective Product, when used correctly in accordance with the product description and/or accompanying documentation (e.g., README.txt) and on a system meeting all specified requirements, will substantially conform to the features and functionalities described in the product description and/or accompanying documentation (e.g., README.txt) (agreed-upon quality).

9.2. If software components are licensed under terms such as the GNU General Public License v3 (GPLv3), this license typically provides the software „AS IS“. Statutory warranty claims of the user against Us as the author regarding the basic functionality of the Product remain unaffected within the legally permissible scope but may be characterized by the nature of the specific license.

9.3. Claims for defects do not exist for only insignificant deviations from the agreed quality or for only insignificant impairment of usability, nor for malfunctions resulting from reasons mentioned in Section 7.2 and, if applicable, 7.3.

9.4. For consumers, the warranty period is two years from the provision of the Product. For business users, the warranty period is limited to one year.

10. Limitation of Liability (on Our part as Website Provider and Product Developer/Author)

10.1. We are liable for the content of Our Website in accordance with general laws. However, we cannot guarantee the accuracy, completeness, or timeliness of the content, except in cases of intent or gross negligence.

10.2. We are unreservedly liable for damages to life, body, or health resulting from an intentional or negligent breach of duty by Us, as well as for other damages resulting from an intentional or grossly negligent breach of duty by Us.

10.3. In the event of a slightly negligent breach of essential contractual obligations (cardinal duties), Our liability shall be limited to the typically foreseeable damage.

10.4. Any further liability on Our part is excluded, except for liability under mandatory statutory provisions (e.g., Product Liability Act).

10.5. The limitations of liability as set forth in the respective product-accompanying license terms (e.g., Section 17 of the GNU General Public License v3 regarding corresponding software components) remain unaffected.

11. Data Protection / Privacy

11.1. Information on the processing of Your personal data when using Our Website and in the context of support requests or other direct communication can be found in our Privacy Policy.

11.2. Payhip is responsible for data processing within the scope of the purchase process via the Payhip platform. Please refer to Payhip’s privacy policy for this.

12. Copyrights

12.1. All content published on this Website (texts, images, graphics, logos, etc.) as well as the Products We offer (software, designs, audio files, etc.) are protected by copyright.

12.2. Any use, reproduction, distribution, or public dissemination of the protected content and Products requires Our express prior written consent, unless otherwise permitted by these GTC, the product-accompanying license file, or mandatory statutory provisions. This applies in particular to commercial use.

13. Final Provisions

13.1. Applicable Law: These GTC and all legal relationships between You and Us shall be governed by the laws of the Republic of Austria, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

13.2. Jurisdiction: The exclusive place of jurisdiction for all disputes arising from or in connection with these GTC shall be, to the extent permitted by law, Vienna, Austria.

13.3. Online Dispute Resolution (ODR): The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/. Our email address is provided above. We are not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

13.4. Severability Clause: Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions.