Legal
Terms of Sale
The contract between you and Fusia Tech Ltd when you buy a plug-in licence or a bundle.
Last updated
Unreviewed draft
This document is a working draft prepared in-house. It has not yet been reviewed by a qualified legal professional and is published here for comment, not as vetted legal advice. If something in it affects a decision you are making, email legal@fatberrydsp.com before relying on it.
1. Who you are contracting with
Fat Berry DSP is a trading name of Fusia Tech Ltd, a company registered in United Kingdom (company number 16871848), registered office 24-26 Regent Place, Birmingham, England, B1 3NJ.
You can reach us at support@fatberrydsp.com for orders and support, or legal@fatberrydsp.com for anything relating to these terms.
2. What these terms cover
These Terms of Sale govern your purchase of software licences from this website. They apply alongside the End User Licence Agreement, which governs what you may do with the software itself, and the Refund Policy, which governs cancellation and returns.
If a term here conflicts with the End User Licence Agreement on a question of software use, the End User Licence Agreement takes precedence.
3. How an order is formed
Product pages and bundle pages are an invitation to treat, not an offer. Adding items to your basket and completing checkout is your offer to buy.
The contract is formed when we send the order confirmation email containing your licence keys. If we cannot supply an item (for example because a product has been withdrawn) we will tell you and refund any amount already taken.
Prices and bundle contents are recalculated on our server at checkout. A price shown in your browser is never the price we charge if the two disagree; the server-calculated total is authoritative.
4. Price, currency and tax
Prices are listed in US dollars unless you have selected another display currency. Display currencies are an indicative conversion; the amount debited is the US dollar total unless checkout states otherwise.
Consumption taxes (UK VAT, EU VAT, US sales tax) are calculated at checkout from the country you supply and are shown before you pay. Business customers may enter a valid VAT number where the reverse charge applies.
Promotional prices and discount codes apply only while displayed and cannot be applied to a completed order retrospectively.
5. Delivery
All products are digital. Delivery is by email and through your account area, normally within a few minutes of a successful payment.
You are responsible for supplying a working email address. If licence keys do not arrive, they remain available in your account, and support can resend them.
6. Bundles
A bundle is a discounted collection of individual licences, not a separate product. When you buy a bundle we issue one licence per included plug-in, each with its own key and its own activation allowance.
Bundle contents and pricing are resolved on our server at order time. Removing an individual plug-in from a bundle is not possible; if you already own an included plug-in, contact support before purchasing.
7. Your account
You must give accurate registration details and keep your password confidential. You are responsible for activity carried out under your account.
We may suspend or close an account that is being used to distribute licence keys, circumvent activation, or make fraudulent chargebacks. Where we close an account for a reason other than your breach, we will refund any licence you cannot reasonably continue to use.
8. Cancellation and refunds
If you are a consumer in the UK or EU you have 14 days to cancel a distance contract. We do not ask you to give up that right at checkout, so it still applies after you download or activate the software.
Separately from the statutory right, we offer a voluntary 14-day money-back guarantee. Full detail is in the Refund Policy.
9. Updates, discontinuation and compatibility
A licence covers the VST3 and Audio Unit builds of the purchased product for the operating systems listed on its product page at the time of purchase.
All updates to the licensed product, including major versions, are included free for life. Separate future products are not included. We aim to keep products working with current host software but cannot guarantee compatibility with future operating-system or DAW releases.
If we discontinue a product, existing licences and installers remain available in your account for at least 24 months from the discontinuation date.
10. Our liability
Nothing in these terms limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.
Subject to that, our total liability arising from an order is limited to the amount you paid for the products in that order.
We are not liable for lost recordings, lost sessions, lost profits, or studio downtime. Keep backups of your project files.
11. Governing law and disputes
These terms are governed by the law of England and Wales, and the courts of England and Wales have jurisdiction. If you are a consumer resident elsewhere in the UK or EU, you keep the benefit of any mandatory protections of your home country law.
Please contact legal@fatberrydsp.com first, most disputes are resolved faster that way than through a formal claim.