Terms and Conditions
1. Scope of application
2. Order process and conclusion of contract
3. Prices and payment terms
3. Requirements
5. Updates
6. Right of withdrawal
7. User obligations
8. Warranty
9. Liability and disclaimer
10. Intellectual property and rights of use
11. Applicable law, place of performance, place of jurisdiction
12. Final provisions
1. Scope of application
1.1 These General Terms and Conditions (hereinafter referred to as “GTC”) in the version valid at the time of the order apply between
EK Media Solutions GmbH
Caspar-Schrenk-Weg 8
79117 Freiburg
(hereinafter referred to as “Provider”)
and users (hereinafter referred to as “users”) of the SoundManager VST Host software for end devices (hereinafter referred to as “software”) offered by the provider. These terms and conditions govern the conditions for downloading and using the software. By using our software, the user agrees to these terms and conditions.
1.2 The Terms of Use also apply to all updates and program additions to the software that are made available for download by the Provider, unless these are subject to a separate agreement. In this case, the separate agreement for the respective update or program addition shall prevail.
1.3 Deviating terms and conditions of the users shall not be recognized unless the provider expressly agrees to their validity in writing.
1.4 For the purposes of these General Terms and Conditions, a consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.
1.5 The language available for the conclusion of the contract is exclusively German. Translations of these terms and conditions into other languages are for your information only. In the event of any discrepancies between the language versions, the German text shall prevail.
2. Order process and conclusion of contract
2.1 The presentation of products in the online shop does not constitute a legally binding offer, but rather an invitation to place an order. Service descriptions in catalogs, on the website, or on other Internet sites of the provider do not constitute a warranty or guarantee.
2.2 All offers are valid “while stocks last,” unless otherwise stated for the products. Errors excepted.
2.3 The order is placed in the following steps:
(1) Select the desired goods
(2) Confirm by clicking on the “Add to cart” button
(3) Check the information in the shopping cart (display shopping cart)
(4) Click on the “Proceed to checkout” button
(5) Check and correct the information you have entered, enter your contact details and email address.
(6) Select your payment method and enter your details or log in
(7) Click on the “Buy now” button
2.4 Before submitting a binding order, the user can change and view the information at any time or cancel the order process.
2.5 The provider then sends the user an automatic confirmation of receipt by email, which lists the user's order again and which the user can print out using the “Print” function (order confirmation). The automatic confirmation of receipt merely documents that the user's order has been received by the provider and does not constitute acceptance of the request.
2.6 The purchase contract is only concluded when the provider makes the ordered product available for download.
2.7 A binding contract may also be concluded in advance as follows:
– If PayPal has been selected as the payment method, the contract is concluded at the time of confirmation of the payment order to PayPal.
2.8 The condition for an effective conclusion of the contract is always that the ordering process is completed by sending the order.
2.9 The contract text, including the General Terms and Conditions (GTC) and relevant order documents, will be stored by the provider and sent to the user by email after conclusion of the contract. Currently, no customer accounts are offered, so it is not possible to view them via the website. Guests should keep the contract documents from the email sent to them. If a registration option is introduced in the future, past orders could be viewed in the user area.
3. Prices and payment terms
3.1 All prices stated on the provider's website include the applicable statutory sales tax/VAT (EU).
3.2 The user can choose from the available payment methods
– Credit card: Choose Visa Card, Mastercard, or PayPal.
3.3 If third-party providers are commissioned to process payments, their general terms and conditions shall apply.
4. Requirements
4.1 The range of functions offered by the software may vary depending on the operating system. The software is currently only available for Windows 10 and Windows 11. The functions are described in the online shop on the provider's website. The hardware and firmware requirements for running the software on users' end devices are also listed there.
4.2 In order for the user to be able to download current content to their device using the software, the provider requires a stable Internet connection on the user's end device.
5. Updates
5.1 The provider shall provide software updates to the extent required by law. The provider reserves the right to provide further updates at its own discretion.
5.2 The provider also reserves the right to modify the software at any time in a manner reasonable to the user, e.g., to further develop it and improve its quality. This applies to both technical and content-related developments.
6. Right of withdrawal
Information on the provider's right of withdrawal for consumers, the withdrawal policy, and the withdrawal form can be found on the provider's website under Withdrawal Policy.
7. User obligations
7.1 Users are responsible for backing up their own content. The provider does not guarantee that entries in the software's personal watch list (e.g., notes, bookmarks, etc.) will be stored permanently. These may no longer be available, especially after updates.
7.2 The user undertakes to the provider to use the software lawfully and only for purposes that do not violate these terms of use or applicable German law.
7.3 When using the software, the user may not, in particular
– violate public decency with their usage behavior
– infringe industrial property rights, copyrights, personal rights, property rights, or other rights of third parties
– Transmit content containing viruses, Trojan horses, or other programming that could damage the software, in particular the software.
– Enter, store, or send hyperlinks or content that he is not authorized to do so, in particular if these hyperlinks or content violate confidentiality obligations or are illegal.
– Distribute advertising or unsolicited emails (so-called “spam”) or inaccurate warnings of viruses, malfunctions, and the like, or invite participation in competitions, snowball systems, chain letters, pyramid schemes, and similar activities.
7.4 The provider may block access to the software at any time if the use of the software violates these terms of use or applicable legal provisions.
8. Warranty
The legal provisions apply.
9. Haftung und Haftungsausschluss
9.1 The provider exercises the usual care in selecting, maintaining, and updating the content. The provider does not guarantee the accuracy, timeliness, or completeness of the content provided, nor does it guarantee the selection or compilation thereof.
9.2 Insofar as the functionality of the software depends on third-party services (in particular VST plug-ins and audio drivers), the provider accepts no liability for the functionality of the software. This applies, for example, to malfunctions of technical equipment and software, incorrect or incomplete data, viruses, or other defects that arise in any other way during the use of the software.
9.3 The provider shall be liable without limitation in cases of intent or gross negligence,
– for injury to life, limb, or health,
– in accordance with the provisions of the Product Liability Act.
The provider shall only be liable for slight negligence in the event of a breach of a material contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely. In this case, liability shall be limited to the amount of damage that was foreseeable and typical for the type of contract.
9.4 Please protect your hearing by adjusting the audio playback volume appropriately. We would like to point out that using the software at high volume can damage your hearing. The user is responsible for ensuring safe use.
10. Intellectual property and rights of use
10.1 The provider reserves all rights, in particular copyrights and trademark rights, to the software and all content provided within the software. The software and the content provided within the software are protected by copyright laws, international copyright treaties, and other laws and agreements relating to intellectual property. The user shall observe these rights and, in particular, remove alphanumeric identifiers, trademarks, and copyright notices.
10.2 The use of the content made available via the software and the software itself is subject to these GTC and the additionally agreed license terms or, in the case of software updates, the relevant license terms previously agreed with the provider. Separately agreed license terms take precedence over the provisions in the GTC.
10.3 By downloading the software, the user acquires a permanent, non-exclusive, and non-transferable license to download, install, and use the software on any compatible device that they own or control. The right of use also includes any updates (upgrades, patches, etc.).
10.4 The user also acquires a simple and non-transferable right of use to the content accessed in the software.
10.5 The user is not permitted to decompile, reverse engineer, disassemble, decrypt the source code, modify the software or the content provided in the software, or create derivative works of the software or its content, or reuse it in other software.
11. Applicable law, place of performance, place of jurisdiction
11.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. This choice of law applies to consumers only insofar as it does not restrict any mandatory legal provisions of the country in which they have their domicile or habitual residence.
11.2 For users who are not consumers or who do not have a proper place of jurisdiction in Germany, the place of jurisdiction for all disputes arising from or in connection with these General Terms and Conditions is Freiburg im Breisgau, Germany. The place of performance is also the registered office of the provider.
12. Final provisions
12.1 Subsidiary agreements, amendments, or supplements must be made in writing to be effective. This also applies to the waiver of the written form requirement.
12.2 Any deviating or supplementary terms and conditions of the user shall not become part of the contract unless the provider has expressly agreed to their validity.
12.3 The European Commission provides a platform for online dispute resolution (ODR), which you can find here https://ec.europa.eu/consumers/odr/. Consumers have the option of using this platform to resolve their disputes.
12.4 The provider is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
12.5 If the Terms and Conditions are offered in both German and English versions, only the German version shall be legally binding between the parties.
As of: April 16, 2025
