General Terms and Conditions of OT Distribution GmbH & Co. KG for the FFOSSO Platform (last updated 7 October 2026)

OT Distribution GmbH & Co. KG
Am Untergrün 6
79232 March
Germany

These Terms govern FFOSSO accounts, the FFOSSO Application, free use, paid subscriptions and one-time purchases of Perpetual Collections. A purchased Perpetual Collection is additionally governed by the FFOSSO Content Licence Agreement identified during checkout.

Scope and definitions
1. These General Terms and Conditions (Terms) apply to contracts between OT Distribution GmbH & Co. KG (FFOSSO, we, us) and the person or entity using the FFOSSO Platform (User, you). The Platform consists of the FFOSSO software application installed on a User device (Application), account and cloud functions, and content made available for download or use.
2. These Terms apply to consumers within the meaning of Section 13 of the German Civil Code and entrepreneurs within the meaning of Section 14 of the German Civil Code. A provision stated to apply only to consumers or only to entrepreneurs applies only to that customer group.
3. A User may use the Platform as a Free User, as a Subscription User under a paid recurring plan, as a purchaser of one or more Perpetual Collections, or in more than one of these capacities at the same time. Provisions referring to one product category apply only to that category.
4. Application means the FFOSSO software application, including a compatible FFOSSO Player, made available for installation on the User’s device.
5. Free Content means Content made available under an active Free User account. Subscription Content means Content made available only under an active paid subscription. Purchased Content means Content identified in an order confirmation as a Perpetual Collection or Perpetual Purchase.
6. Content includes virtual instruments, instrument patches, devices and device presets, pre-mapped sample sets, audio samples, documentation and other digital content made available through FFOSSO.
7. Perpetual Licence means a licence to use Purchased Content without a fixed end date, subject to the Content Licence Agreement. Perpetual does not transfer ownership or copyright and does not promise permanent compatibility with future hardware, operating systems or third-party software.
8. Our Terms apply exclusively. Conflicting or supplementary terms of the User do not apply unless we expressly agree to them. Statutory provisions continue to apply unless these Terms lawfully provide otherwise.
Contract documents and priority
1. These Terms form part of every FFOSSO account relationship, Subscription and Perpetual Purchase.
2. A Subscription is additionally governed by the applicable subscription description and order confirmation. Subscription provisions, including recurring billing, renewal and cancellation provisions, apply only to a Subscription.
3. If an order includes a Perpetual Collection, the FFOSSO Content Licence Agreement presented during checkout additionally forms part of the contract. It governs the grant, scope, duration, permitted use, prohibited use and termination of the rights to use Purchased Content. It does not apply to Free Content or Subscription Content.
4. The product description and order confirmation determine the product identity and quantity, whether the transaction is a Subscription or Perpetual Purchase, the applicable one-time or recurring commercial terms, the designated named user and any expressly stated product-specific features.
5. If the contract documents conflict, the Content Licence Agreement prevails for the rights and restrictions relating to Purchased Content. These Terms prevail for account registration and security, ordering, contract formation, payment, initial delivery, withdrawal, statutory consumer rights, general liability, governing law and dispute resolution. Mandatory statutory law prevails over all contractual documents.
Platform functions and product categories
1. The functions and Content available to a User depend on the active account status, Subscription and Perpetual Purchases. The applicable product description and order confirmation specify the included Content, price, delivery method, system requirements and any product-specific limits.
2. Free Content is available only while the Free User account remains active and while we continue to offer that Content. Subscription Content is available only for the applicable Subscription term, subject to the product description and mandatory law.
3. We may add, change or remove Free Content at our discretion. We may change or remove Subscription Content during an ongoing consumer Subscription only where the contract permits the change and there is a valid reason, including expiry or loss of third-party rights, legal or regulatory requirements, security or integrity risks, technical incompatibility, the discontinuation of a third-party dependency, or the improvement or adaptation of functions without materially impairing the agreed use. Such a change will not create additional costs for the consumer. We will inform consumers clearly and understandably; if a change more than insignificantly impairs access or use, we will provide advance information on a durable medium and the statutory rights required by Section 327r of the German Civil Code. We may stop offering Content for future acquisition and may remove a Perpetual Collection from the public store or general catalogue. Removing a Perpetual Collection from sale or from the general catalogue does not terminate or shorten a Perpetual Licence already granted for that Collection and does not, by itself, disable a lawfully downloaded and activated local copy.
4. The Application may allow a User to build or customise virtual instruments from instrument patches, devices, presets, mapped sample sets and audio samples. Such functions do not expand the User’s licence to the underlying Content.
Registration and named users
1. A verified customer account is required to use the Platform and to acquire, download, activate and manage Purchased Content. The User must provide complete and accurate information and keep it up to date. There is no entitlement to registration where we have a legitimate reason to refuse an account, subject to mandatory law.
2. Every account is assigned to one named natural person. If an individual is the contracting customer, that individual is the named user. Account credentials may not be shared.
3. If a company or other organisation is the contracting customer, it must designate one named natural person as the sole authorised user. The company or organisation remains the contracting customer and invoice recipient, but does not receive a multi-user, concurrent-user, floating, workplace or site licence.
4. Only the named user may use the Application, Free Content, Subscription Content and Purchased Content assigned to the account. Additional employees, contractors, studio users or other persons require separate accounts and, where applicable, separate Subscriptions or purchases. Accounts and licences may not be pooled, shared or rotated among personnel.
5. A change of the named user requires our prior approval. We may require evidence of authority and may refuse repeated or abusive reassignment intended to circumvent the named-user model.
Orders and contract formation
1. Product presentations on our website are invitations to submit an order and are not binding offers by us.
2. Before submitting an order, the User can review and correct the order and billing information using the checkout controls. The final order summary identifies the product, price, applicable taxes and, for a Subscription, the billing interval and renewal terms.
3. By selecting the final order button that clearly indicates a payment obligation, the User submits a binding offer to purchase the products shown in the final order summary at the stated total price.
4. We accept the offer when we send an order confirmation expressly confirming the contract or make the purchased product available in the User’s account, whichever occurs first. An automated receipt acknowledgement is not an acceptance unless it expressly states otherwise.
5. If payment authorisation fails or we do not accept the order, no contract is concluded. Any temporary payment authorisation will be released or refunded without undue delay.
6. The contract language is English. We provide the contract confirmation and applicable contract information on a durable medium. Order and invoice information may also remain available in the account for as long as the account service is available.
Provision of the Application and Content
1. We make the Application and the Content available for download or use in the scope applicable to the User’s product category and in accordance with the applicable product description.
2. After conclusion of a Perpetual Purchase contract and successful payment, the Purchased Content is linked to the User’s account and made available without undue delay for one complete download, unless a different delivery time was stated before the order.
3. Our contractual delivery obligation for Purchased Content is fully performed when the first complete download has completed successfully. A download is complete when all files forming part of the Purchased Content have been transferred in full and pass any integrity check provided by us.
4. After that first complete download, the User has no contractual entitlement to another download, continued cloud storage, continued display of the download in the account or continued operation of the download service. We may voluntarily permit re-downloads. A voluntary re-download facility does not create an obligation to maintain it.
5. The User must retain the downloaded files and make sufficient backup copies immediately after download. Loss of local files, replacement of a device, account deletion or failure to maintain a backup does not create a right to re-download.
6. We may change, migrate, restrict or discontinue the cloud and download service after delivery of Purchased Content has been completed. Such discontinuation does not terminate the Perpetual Licence, and we will not intentionally disable a locally retained authorisation or a lawfully downloaded and activated local copy solely because those online services are discontinued. Continued use requires a compatible local version of the Application and a compatible local system environment. We do not promise compatibility with future hardware, operating systems or third-party software. Discontinuation of the online services does not by itself create a right to reimbursement, subject to mandatory statutory rights.
7. Sections 6.3 to 6.6 do not exclude mandatory statutory rights, including rights arising from non-provision, incomplete or defective delivery, lack of conformity, required updates or statutory cure. We may provide any legally required replacement, cure or update through an appropriate delivery method without maintaining the general cloud download service solely for that purpose.
Availability and changes to online services
1. For the download access to the Application, Free Content and Subscription Content that forms part of an active Free User account or Subscription, the monthly availability at the router exit of our server is 97.5 percent. Availability means the technical possibility of downloading the applicable Application or Content from our server at that point. This availability commitment does not apply to other online functions or to a cloud or re-download facility after delivery of a Perpetual Purchase has been completed under Section 6.
2. The availability calculation excludes interruptions outside our responsibility, including failures of external networks or third-party systems, incoming attacks despite reasonable protective measures, force majeure, emergency maintenance not caused by our breach, scheduled maintenance under Section 7.3, interruptions caused by the User, errors in the User’s hardware, software, applications or data, and insignificant impairments.
3. Scheduled maintenance may take place between Monday 07:00 and Thursday 09:00 Central European Time or Central European Summer Time, as applicable. Scheduled maintenance will not exceed ten hours in a calendar month. If scheduled maintenance is expected to interrupt the relevant download access for more than two consecutive hours, we will inform affected Users at least one day in advance.
4. We may develop and change the Application and online Platform, including user guidance, data management, security functions and technical interfaces. For a digital product supplied continuously to a consumer, changes beyond those necessary to maintain conformity will be made only for a valid reason stated in Section 3.3, without additional cost, and with the notices and rights required by Section 327r of the German Civil Code. We will not use a change to revoke a Perpetual Licence or intentionally disable a lawfully downloaded and activated local copy solely because online services are changed or discontinued. Mandatory statutory requirements remain unaffected.
User obligations and security
1. The User must keep account credentials confidential, protect registered devices against unauthorised access and notify us without undue delay if credentials or devices may have been compromised.
2. The User must maintain suitable hardware, software, internet access and the other system requirements needed for download, activation and online use. Before installing a later Application version, the User must review the system requirements published for that version. Except within the scope of Sections 18 and 19 or mandatory law, we are not responsible for the quality, availability or compatibility of the User’s hardware, software or internet connection, or for failures outside our systems.
3. The User must listen to instruments and other audio Content at a low volume before first use and after material changes to the User’s hardware or software environment to reduce the risk of hearing damage caused by technical errors in that environment.
4. The User must respect applicable law and third-party rights when uploading, processing or sharing data through the Platform. Where third-party permission is required, the User must obtain it before using the data.
5. The User must use reasonable virus protection, check relevant files before transmission, notify us of material malfunctions with a reasonably precise description, and inform us of known infringements or asserted third-party claims concerning the Platform or Content.
6. The User may not circumvent technical protection or licence controls, interfere with Platform security, attempt unauthorised access, use the Platform unlawfully or enable another person to exceed the rights granted under the contract.
Rights to use the Application
1. We grant the named user a non-exclusive, worldwide, non-transferable and non-sublicensable right to install, load and use the Application as intended on up to three devices registered to that user.
2. The right to use the Application continues while the User has an active Free User account, Subscription or Perpetual Purchase that requires the Application. Ending a Subscription does not end the right to use the Application with Purchased Content. Our discontinuation of online services does not end the right to use the Application with a lawfully downloaded and activated local copy of Purchased Content.
3. The Application may be used only by the named user. A company or organisation purchasing or registering an account may not allow other personnel to use the Application through that account.
4. All rights in the Application not expressly granted under these Terms are reserved. The User may not rent, sublicense, distribute, make publicly available or otherwise provide the Application to third parties, or copy, adapt, modify, translate, reverse engineer, decompile or otherwise exploit it except to the extent expressly permitted by these Terms or mandatory law. Statutory rights to observe, test, reproduce or decompile software remain unaffected to the extent they may not legally be excluded.
5. The User may not remove or circumvent protection mechanisms except to the extent expressly permitted by mandatory law.
6. If we provide updates, upgrades or new versions, the rights in this Section apply to them unless separate terms are presented. Open-source components remain subject to their applicable open-source licence terms, which prevail for those components where they conflict with these Terms.
Rights to Free Content and Subscription Content
1. For as long as the relevant Free User account or Subscription remains active and the Content is available under that product category, we grant the named user a non-exclusive, worldwide, non-transferable and non-sublicensable right to use the applicable Free Content or Subscription Content through the compatible Application.
2. The User may use Free Content and Subscription Content to create original musical compositions, sound recordings, audiovisual works and other media productions and may reproduce, distribute, perform, communicate, synchronise, license and commercially exploit those completed productions. The Content must be incorporated into the production and must not be distributed as an isolated file or as substantially standalone, extractable Content.
3. The User may deliver a completed production, including customary stems, to a client, broadcaster, distributor, publisher or production partner if the recipient receives no right to extract, reuse or redistribute the Content independently of that production. A stem is not permitted if it exposes a sample, patch, preset or other Content as an isolated, substantially standalone or readily extractable element.
4. The User may not use Free Content or Subscription Content, in whole or in part, to create or distribute a sound library, virtual instrument, synthesizer content, sample library, sample pack, loop pack, preset pack, sound-effects library, stock asset, template, sample-based product or other soundware product that makes the Content available for separate use. The User may not sell, share, give away, rent, lend, sublicense, distribute, upload or otherwise make available the Content or any isolated, substantially standalone or extractable part of it, whether in original or modified form.
5. All rights in Free Content and Subscription Content not expressly granted under these Terms are reserved. The User may not provide the Content through application service providing, software as a service, remote-access, file-sharing or similar services; remove or alter copyright notices, serial numbers, watermarks, metadata or other product-identification or rights-management information; or circumvent applicable technical protection measures except to the extent permitted by mandatory law.
6. When a Subscription ends, Subscription Content may no longer be used to create, edit or modify productions. Productions lawfully completed during the Subscription may continue to be exploited, provided they do not make the Content separately available. The applicable product description may explain how existing projects are handled technically after the Subscription ends.
Rights to Purchased Content
1. The grant, scope, duration, permitted use, prohibited use and termination of rights to Purchased Content are governed by the FFOSSO Content Licence Agreement incorporated into the applicable Perpetual Purchase.
2. Subscription term, renewal and cancellation provisions do not shorten or otherwise modify a Perpetual Licence. Ending or not renewing a Subscription does not terminate a separately acquired Perpetual Licence.
3. All intellectual-property rights in the Application, Free Content, Subscription Content and Purchased Content remain with us and our licensors. No copyright or ownership is transferred to the User.
Text and data mining and artificial intelligence
1. To the extent permitted by law, we reserve the use of the Application and Content for text and data mining. The User may not use the Application, Content or reproductions of them to train, fine-tune, test, benchmark or validate an artificial-intelligence or machine-learning model without our prior written permission.
2. This Section does not restrict uses that cannot legally be reserved or prohibited by contract.
Backups and user data
1. Where the Platform allows the User to store data on our servers, the User must regularly download and back up data needed for the User’s work and retain backups in a form that allows restoration with reasonable effort.
2. Our liability for loss of User data caused by a failure to maintain reasonable backups is limited to the restoration effort that would have been required if the User had complied with Section 13.1, subject to the liability exceptions in Sections 18 and 19.
3. The backup obligation for Purchased Content is additionally governed by Section 6 and the Content Licence Agreement.
Updates compatibility and support
1. Use of a particular Application version requires compliance with the system requirements published for that version. Before downloading or installing a later version, the User must review the system requirements published for that later version. A User is not required solely by these Terms to replace an already compatible local version used with lawfully downloaded Purchased Content, unless a mandatory, security-related or conformity-preserving update is required and has been provided and disclosed in accordance with applicable law.
2. Unless the product description expressly states otherwise, we do not promise compatibility with future operating systems, hardware, digital audio workstations, plug-in hosts or other third-party software.
3. Support, installation assistance and voluntary updates are not part of the contract unless the product description or a separate support agreement expressly states otherwise. We do not undertake to release voluntary updates according to a schedule or frequency and may provide them at our discretion. A Perpetual Purchase does not include future Collections, content expansions, feature upgrades or new paid Content unless expressly stated.
4. Mandatory statutory duties concerning conformity, security, integration and required updates remain unaffected. Support and voluntary updates do not create an obligation to maintain the general cloud or re-download service after delivery of a Perpetual Purchase has been completed.
5. Information and self-help materials may be made available in the User Help Area on the FFOSSO website. Unless expressly stated otherwise, their availability does not constitute an individual support commitment.
Prices taxes and payment
1. The final order summary shows the price, applicable taxes and total payable before the User submits the order.
2. For a Subscription, the recurring fee, billing interval, initial term, renewal terms and any trial conversion are shown in the order summary and subscription description. Subscription invoices are issued according to the selected billing interval.
3. For a Perpetual Purchase, the purchase price is a one-time charge. A Perpetual Purchase does not renew automatically and does not authorise recurring charges.
4. Prices shown to consumers include statutory value-added tax where VAT is applicable. For business customers, the checkout and invoice show the applicable net price, VAT or other tax treatment and final amount payable. Where the legal requirements for an intra-Community B2B supply or reverse-charge treatment are met and a valid VAT identification number is provided, the applicable treatment is reflected in the order summary and invoice.
5. Payment is due within eight calendar days after the invoice date unless the order summary or invoice states a different period. Payments by credit card, PayPal, SEPA direct debit or another instant payment method are due immediately upon invoicing. Available payment methods and any required authentication are displayed during checkout. Checkout, order and billing management may be provided through Chargebee, and payment processing may be provided through Stripe.
6. If the User chooses to save a payment method, that choice is separate from the current purchase and does not authorise unspecified future charges. A future charge requires a separate order, Subscription mandate or other valid authorisation.
7. If a payment is overdue, statutory default interest and other statutory consequences apply. An entrepreneur in default may additionally owe the statutory EUR 40 lump sum where the legal requirements are met. After notice and a reasonable opportunity to cure, we may proportionately suspend the affected Subscription and associated online account functions until overdue amounts are paid. We may act immediately where a payment method is used fraudulently or continued access creates a material security or loss risk. Mandatory consumer rights remain unaffected.
8. A Perpetual Licence is granted only upon full payment of the applicable purchase price. If a payment is validly reversed, charged back or refunded after provision, and the User does not restore payment following notice and a reasonable opportunity to cure, we may suspend further account-based use and terminate the affected Perpetual Licence in accordance with the Content Licence Agreement. This does not apply where the reversal results from the valid exercise of a statutory right or where mandatory law provides otherwise.
9. If we agree to accept payment in a foreign currency, conversion into euros is based on the applicable exchange rate on the date we receive the payment, unless the order summary states a fixed conversion rate.
10. The User may exercise set-off and retention rights where the counterclaim is undisputed, recognised by us or finally adjudicated, or where the counterclaim arises from the same contractual relationship. Mandatory consumer rights remain unaffected.
Right of withdrawal for consumers
1. Consumers generally have a statutory 14-day right of withdrawal from a distance contract. The details, including the model withdrawal form, are provided in our separate Right of Withdrawal notice before the order and with the contract confirmation. Where required by law, we also provide a continuously available and easily accessible electronic withdrawal function labelled with an unambiguous formulation such as ‘Withdraw from contract’, followed by a confirmation function, and promptly confirm receipt on a durable medium.
2. For digital content not supplied on a tangible medium, the right of withdrawal expires when we begin performance before the withdrawal period ends only if the consumer has separately and expressly consented to early performance, acknowledged that the right of withdrawal is lost when performance begins, and received the legally required contract confirmation on a durable medium recording that consent and acknowledgement. We obtain this consent and acknowledgement separately from acceptance of these Terms and the Content Licence Agreement.
3. For a digital service, the consequences of early performance and withdrawal are governed by the statutory rules and the separate Right of Withdrawal notice.
4. This Section does not limit statutory rights relating to non-provision, defects, lack of conformity or required updates.
Third party rights and data protection
1. The parties will notify each other without undue delay if a third party asserts a claim concerning the Platform, Application or Content that may affect the other party.
2. We are not responsible for an infringement caused by the User’s use outside the rights granted under the contract. To the extent the User is responsible for such infringement, the User must compensate us for resulting losses and reasonable defence costs in accordance with applicable law. Mandatory consumer protections remain unaffected.
3. Each party must comply with applicable data-protection law. Information about our processing of personal data, including account, order, licence, Chargebee and Stripe data, is provided in our Privacy Notice.
4. If the User processes personal data through the Platform, the User is responsible for having a valid legal basis and meeting the User’s own data-protection obligations.
Liability for free use
1. This Section applies to an event giving rise to liability during a period in which the relevant product or service is provided to the User free of charge.
2. For free use, our liability is governed by Sections 599 and 600 of the German Civil Code and is limited accordingly, including to intent, gross negligence and fraudulent concealment, except where liability may not legally be limited.
3. Liability for injury to life, body or health, under the German Product Liability Act, under an expressly assumed guarantee, and in other cases of mandatory liability remains unaffected.
4. To the extent liability is excluded or limited, the same applies to our legal representatives, employees and vicarious agents.
5. For claims by an entrepreneur for which the regular statutory limitation period would apply, the limitation period is two years from the statutory commencement date. This does not apply to claims based on intent, gross negligence, injury to life, body or health, fraudulent concealment, an expressly assumed guarantee, the German Product Liability Act, or any other claim for which the limitation period may not legally be shortened.
Liability for paid products and services
1. This Section applies to liability arising in connection with a paid Subscription or Perpetual Purchase.
2. We are liable without limitation for intent and gross negligence; for injury to life, body or health; under the German Product Liability Act; where we have fraudulently concealed a defect; where we have expressly assumed a guarantee; and in all other cases in which liability may not legally be excluded or limited.
3. For a paid Subscription to which rental law applies, strict liability for defects already present at contract formation under Section 536a (1), first alternative, of the German Civil Code is excluded. We remain liable where we are responsible for the defect and in all cases listed in Section 19.2 or otherwise subject to mandatory liability.
4. For ordinary negligence, we are only liable for breach of a material contractual obligation whose fulfilment is necessary for proper performance of the contract and on whose fulfilment the User may regularly rely. In that case, liability is limited to the foreseeable damage typical for the contract, except in the cases listed in Section 19.2. Otherwise, liability for ordinary negligence is excluded to the extent legally permitted.
5. To the extent liability is excluded or limited, the same applies to our legal representatives, employees and vicarious agents.
6. Nothing in this Section excludes or limits mandatory statutory rights or remedies concerning provision, conformity, integration, security or required updates of digital products, including consumers’ rights under Sections 327 et seq. of the German Civil Code.
7. For claims by an entrepreneur for which the regular statutory limitation period would apply, the limitation period is two years from the statutory commencement date. This does not apply to claims based on intent, gross negligence, injury to life, body or health, fraudulent concealment, an expressly assumed guarantee, the German Product Liability Act, or any other claim for which the limitation period may not legally be shortened. Otherwise, the statutory limitation periods apply. No provision of these Terms shortens a mandatory limitation period applicable to a consumer.
Term and cancellation
1. The account relationship with a Free User runs for an indefinite period and may be ended by either party in text form, subject to Section 21 and mandatory law.
2. A Subscription has the monthly or annual initial term shown in the order summary. For a consumer, after the initial term the Subscription continues for an indefinite period and may be cancelled at any time with a notice period of no more than one month. If a consumer cancels a Subscription that continues for an indefinite period, any fees paid in advance for the period after the cancellation takes effect will be refunded pro rata. For an entrepreneur, the Subscription renews for the billing period stated in the order summary unless cancelled within the period disclosed before the order. Cancellation takes effect at the end of the applicable period. Consumers may also use the statutory online cancellation function where required. The time applicable at our registered office in Germany (CET or CEST) determines whether a notice was received on time.
3. After a Subscription ends, the User may continue as a Free User if that option remains available. Access to Subscription Content ends as described in Section 10.6.
4. A Perpetual Purchase has no recurring term. Ending or not renewing a Subscription does not terminate a Perpetual Licence. The User may continue to use Purchased Content under the Content Licence Agreement and the disclosed technical requirements.
5. If the User requests deletion of an account containing Purchased Content, we will first provide a clear warning and obtain separate confirmation. Deletion ends account access, future activation and device-management functions, voluntary updates and any voluntary re-download facility. It does not terminate the Perpetual Licence and does not, by itself, intentionally disable a lawfully downloaded and already activated local copy. Continued use may nevertheless be affected where the Application technically requires an active account authorisation. Account deletion does not create a right to reimbursement or re-download, subject to mandatory statutory rights.
6. If the User later asks to restore an account or associate a previously purchased Perpetual Collection with a replacement account, we may require adequate proof of identity, authority and purchase and may carry out reasonable fraud and security checks. If the purchase entitlement is verified and the Perpetual Licence has not been validly terminated for material breach, we will re-associate the purchase entitlement with the verified restored or replacement account. This does not create a right to another download after the contractual delivery obligation has been completed.
7. Our discontinuation of the online account, cloud or download service is not a User-requested account deletion. It does not terminate the Perpetual Licence and we will not intentionally disable a locally retained authorisation or a lawfully downloaded and activated local copy solely because the online service is discontinued. Continued use remains subject to the compatible local Application version and local system environment described in Sections 6 and 14.
8. The right of either party to terminate for good cause remains unaffected.
Account restriction suspension and termination
1. We may proportionately restrict or suspend an account where reasonably necessary to investigate or address a security risk, suspected fraud, unlawful use, infringement, a failed or reversed payment, overdue amounts after notice, payment abuse, or a material breach of these Terms or the Content Licence Agreement. Any payment-related suspension will be limited to the affected paid product and associated online functions to the extent reasonably possible.
2. Except where immediate action is reasonably necessary for security, fraud prevention, legal compliance or serious infringement, we will give reasonable notice, state the material grounds to the extent legally permitted and provide a reasonable opportunity to remedy a remediable breach.
3. We may terminate the account or the affected contract for a material breach if the breach cannot be remedied or is not remedied within a reasonable period after notice. Immediate termination may occur where continued access cannot reasonably be expected, including serious unlawful distribution, circumvention of licence controls, fraud or deliberate security attacks.
4. The Content Licence Agreement governs whether a material breach terminates a Perpetual Licence. Upon valid licence termination, the User must cease use and delete Purchased Content as provided there. Lawfully completed productions remain subject to the Content Licence Agreement.
5. We may discontinue an online account service or terminate an account relationship for legitimate business reasons with reasonable advance notice. Such action does not terminate a Perpetual Licence and we will not intentionally disable a locally retained authorisation or a lawfully downloaded and activated local copy solely for that reason. Continued use remains subject to the compatible local Application version and local system environment. This clause does not promise an alternative service, future compatibility or a new download.
6. We provide a free internal complaint process for account restrictions, suspensions and terminations. Complaints may be sent to support@orchestral-tools.com.
7. When the entire account relationship ends, we may delete account data and User data after expiry of applicable retention and transition periods. We may retain order, invoice, licence, consent, security and complaint records where required by law or reasonably necessary to establish, exercise or defend legal claims. The User remains responsible for downloading and backing up User data and Purchased Content before termination.
Events outside reasonable control and subcontractors
1. A party is relieved from an affected performance obligation for the duration and extent of an event outside its reasonable control that could not have been avoided with reasonable care, including natural disasters, fire, flood, armed conflict, terrorism, embargo, epidemic, labour dispute not caused by that party, widespread network failure or comparable force majeure.
2. The affected party will notify the other party without undue delay where the event materially affects performance. The event does not automatically terminate the contract.
3. We may use subcontractors to provide the Platform, checkout, billing, payment processing, hosting, authentication, support and other contract services. Our contractual responsibility remains governed by applicable law.
Consumer dispute resolution
1. We do not participate in dispute-resolution proceedings before a consumer arbitration board and are not obliged to do so, unless mandatory law provides otherwise.
2. Consumers may contact us directly using the contact details provided on the FFOSSO website. Statutory rights and access to the courts remain unaffected.
Governing law place of performance and jurisdiction
1. German law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. For a consumer, this choice does not deprive the consumer of mandatory protection under the law of the country of the consumer’s habitual residence.
2. The place of performance is our registered office in March, Germany, to the extent legally permitted.
3. If the User is a merchant, a legal entity under public law, a special fund under public law or has no general place of jurisdiction in Germany, the exclusive place of jurisdiction is Freiburg im Breisgau, Germany, to the extent legally permitted.
Final provisions
1. Amendments and supplementary agreements require at least text form unless mandatory law requires another form. Individual agreements take precedence.
2. If a provision of these Terms is or becomes invalid, the validity of the remaining provisions is unaffected. The statutory rule applies in place of the invalid provision.
3. The current version of these Terms is available on the FFOSSO website. The version accepted at contract formation remains applicable to that contract unless a later change is expressly accepted by the User or is otherwise validly agreed or permitted by law.
4. We may offer amended Terms for an existing contract. An amendment that affects an existing contract becomes part of that contract only if the User expressly agrees or if a change is otherwise validly permitted by law. Continued use alone does not constitute consent where express agreement is required. Existing Subscribers who do not accept a replacement set of Terms remain subject to the Terms validly incorporated into their contract, subject to termination and mandatory law.