Terms of Service

1. Eligibility

You must be at least 18 years old, or the age of legal majority in your jurisdiction, and able to form a binding contract to use the Products. If you are using the Products on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms.

2. The License We Grant You

Subject to your compliance with these Terms and payment of all applicable fees, we grant you a personal, non-exclusive, worldwide license to use the Product you purchased.

Each license is a single-user license with one activation, managed through iLok. You may install and use the Product on as many of your own devices as you like, but the license is for one person and may not be shared or used by more than one person at a time.

This license permits both personal and commercial use, including paid client work, at no additional charge.

3. What You May Not Do

Transferring your license. You may sell or permanently transfer your license to another person, provided that you transfer it in full, you retain no copies or activations, you stop using the Product, and the person receiving it agrees to be bound by these Terms. A license transfer is handled through the iLok / PACE system and must result in the license belonging to a single user. We are not a party to your sale and provide no guarantee, support, or refund in connection with a transfer between users.

Selling your entire license is different from sharing it. You may not, and may not permit any third party to:

• Share, sublicense, rent, lease, or lend your license, activation, or iLok credentials, or allow the Product to be used by more than one person at a time.
• Copy the Product except as necessary for your own installation and reasonable backup.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, model weights, or underlying structure of the Product, except to the extent this restriction is prohibited by applicable law.
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices.
• Circumvent, disable, or interfere with the license activation or copy-protection systems.
• Use the Product to develop a competing product, or to train, fine-tune, or build any machine learning or artificial intelligence model.

4. License Activation

Our Products require activation and ongoing license verification through iLok / PACE licensing technology provided by a third party. You are responsible for maintaining an iLok account and for activating your license on your iLok account, USB key, or supported machine. Activation is required for the Product to function, and the license may be verified when the Product is used.

5. Free Trial

We offer a time-limited free trial (currently 7 days) so you can evaluate a Product before you buy it. The trial is provided "as is" and may include feature limitations. We may change or discontinue the trial at any time. Because a free trial is available before purchase, you are expected to evaluate the Product during the trial period before committing to a purchase.

6. Purchases, Pricing, and Payment

Seller of record. Our Products are sold through Paddle.com Market Limited ("Paddle"), which acts as the authorized reseller and merchant of record for all purchases. When you buy a Product, your order is fulfilled by Paddle, and your purchase is also subject to Paddle's own buyer terms and privacy policy. Paddle handles payment processing, billing, fraud screening, and the calculation and collection of applicable taxes.

Pricing. Prices are listed at the point of sale and may change at any time. Taxes may be added at checkout depending on your location.

Delivery. After your purchase is confirmed, you will receive a license and download or activation instructions by email at the address you provide.

7. Refund Policy

Please review this section carefully before you purchase.

No refunds after activation. Because a free trial is available before purchase and our Products are digital goods delivered electronically, all sales are final once a license has been activated. We do not provide refunds after activation.

Case-by-case consideration. If you experience a genuine problem, we want to hear about it. Contact us at andy@bigripaudio.com and we will review your situation and consider a refund on a case-by-case basis, at our discretion. Reaching out to us in good faith is the fastest way to resolve any issue.

Because purchases are processed by Paddle as merchant of record, approved refunds are issued through Paddle.

8. Updates and Changes to Products

We may release updates, bug fixes, and new versions of our Products. We may also modify, suspend, or discontinue a Product or any of its features at any time. We are not obligated to provide any particular update, and updates may be provided free or as a paid upgrade at our discretion.

9. Intellectual Property

The Products, including all software, code, trained model weights, designs, text, graphics, logos, and the names "The Big Rip Audio," "The Big Rip," "Containment," and "HiMidLow," together with all associated trademarks, are owned by HiMidLow, LLC or its licensors and are protected by copyright, trademark, and other laws. Except for the limited license granted in these Terms, no rights are transferred to you.

Audio content that you create using the Products belongs to you. We claim no ownership over your output.

10. Third-Party Components

Our Products and Site rely on third-party technology and services, including Paddle (payments and reselling) and iLok / PACE (licensing). Your use of those components may be subject to the terms and policies of those third parties, and we are not responsible for their services.

11. Disclaimer of Warranties

To the maximum extent permitted by law, the Products and the Site are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Products will be uninterrupted, error-free, or free of harmful components, or that they will meet your requirements or be compatible with your specific hardware or software environment. You are responsible for backing up your own projects and data.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

12. Limitation of Liability

To the maximum extent permitted by law, in no event will HiMidLow, LLC, The Big Rip Audio, or its members, officers, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to your use of, or inability to use, the Products or the Site, even if we have been advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or related to these Terms or the Products will not exceed the amount you actually paid for the Product giving rise to the claim in the twelve (12) months preceding the event that gave rise to the liability.

Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.

13. Indemnification

You agree to indemnify and hold harmless HiMidLow, LLC and The Big Rip Audio from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your misuse of the Products, your violation of these Terms, or your violation of any law or the rights of any third party.

14. Termination

This license and these Terms are effective until terminated. Your rights under this license terminate automatically, without notice, if you breach any of these Terms. Upon termination, you must stop using and remove all copies of the Product. Sections that by their nature should survive termination will survive, including intellectual property, disclaimers, limitation of liability, and indemnification.

15. Governing Law and Venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. You agree that any dispute arising out of or related to these Terms or the Products will be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of those courts. This section does not deprive you of any protection you are entitled to under the mandatory law of your country of residence.

16. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above and post the new version on the Site. Your continued use of the Products or Site after changes take effect constitutes your acceptance of the revised Terms.

17. Contact

Questions about these Terms can be sent to:

HiMidLow, LLC dba The Big Rip Audio
andy@bigripaudio.com