Terms & Conditions
Effective Date: 2025-03-17
These Terms and Conditions (“Terms”) govern your use of the website www.iamreverb.com (“Website”), the software (“Software”), and any related services (“Services”) provided by iamReverb Audio GmbH, a company incorporated and registered in Austria, with its principal office located in Vienna (“Licensor”, “we”, “our” or “us”).
By accessing or using the Website, Software, or Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree with these Terms, you must not use the Website, Software, or Services.
1. Definitions
- “Software” refers to the proprietary software provided by iamReverb Audio GmbH, including all associated media, updates, documentation, and any related content.
- “Services” refers to any services offered by iamReverb Audio GmbH, such as technical support, software updates, or other services related to the Software.
- “Licensee” refers to you, the individual or entity accessing or using the Software, Website, or Services.
- “Website” refers to the online site and any associated content or services owned and operated by iamReverb Audio GmbH.
2. Acceptance of Terms
By accessing or using the Software, Services, or Website, you agree to comply with and be legally bound by these Terms, as well as all applicable laws and regulations. If you are using the Software or Services on behalf of a company, you represent and warrant that you have the authority to bind the company to these Terms.
3. User Accounts
To access certain features of the Software or Services, you may be required to create an account with iamReverb Audio GmbH. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account.
You agree to notify us immediately of any unauthorized use of your account.
4. License Grant
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Software and Services for personal or commercial purposes in accordance with these Terms. This license is subject to the restrictions set forth in Section 5.
All iamReverb licenses will give you access to a certain software of the specified major version. The license will include all future minor updates of the software (e.g. version 1.0.0 to version 1.0.1), which typically include bug fixes or new features. The license will exclude any future major versions of the products (e.g. version 1.0.1 to version 1.5.0). To allow yourself access to such new major version of the software, a new iamReverb license to the new version must be acquired.
5. Restrictions
You may not:
- Copy, modify or create derivative works of the Software, distribute, rent, lease, sublicense, or otherwise exploit the Software, Website, or Services in any way not expressly permitted by these Terms.
- Reverse engineer, decompile or disassemble the Software, except to the extent permitted by applicable law.
- Use the Software or Services for any unlawful purposes or in any manner that may harm, disrupt or damage the Software, Website, Services, or interfere with any other party’s use of the Software.
- Transfer, sell, or otherwise assign your rights to the Software or Services without prior written consent from iamReverb Audio GmbH.
6. Intellectual Property
The Software, Website, Services, and all content therein, including but not limited to logos, text, graphics, images, and software, are the exclusive property of iamReverb Audio GmbH or its licensors and are protected by intellectual property laws. You may not use any of these assets without our prior written consent.
The Software and all associated intellectual property rights, including but not limited to copyrights, trademarks, and trade secrets, are owned by iamReverb Audio GmbH. This Agreement does not grant you any ownership rights in the Software.
7. Penalty
The user of the software, website, and services of iamReverb Audio GmbH commits to pay an amount of €1,000 (in words: one thousand euros) for each individual violation of the rules and prohibitions agreed upon above in sections 5 and 6, including the violation of the intellectual property rights of iamReverb Audio GmbH, regardless of the user’s fault and whether actual damage has occurred. The user is also liable for violations and legal infringements committed by third parties who were provided access to or allowed to use the software obtained by the user, regardless of the third party’s fault or any potential fault of the user. Any right of mitigation regarding this penalty is expressly excluded, as far as legally permissible.
Furthermore, the user is liable to iamReverb Audio GmbH for all costs incurred through the necessary investigation, research, determination, and enforcement of damages and their causes, as well as for any repairs and restoration of such damages, in full and in addition to the contractually agreed penalty.
8. Payment and Fees
Certain features of the Software or Services may require a fee. If applicable, you agree to pay all fees associated with your use of the Software and Services as described on the Website or as agreed between you and iamReverb Audio GmbH. All payments are non-refundable unless otherwise specified.
9. Privacy and Data Protection
By using the Software, Website, and Services, you consent to the collection, use, and sharing of your personal data as outlined in our Privacy Policy
10. Support and Updates
iamReverb Audio GmbH may provide updates, patches, or upgrades to the Software, but is under no obligation to do so. If updates are provided, they will be governed by the terms of this Agreement unless otherwise specified.
iamReverb Audio GmbH may offer technical support for the Software, which will be subject to Licensor’s standard support policies and procedures.
You agree to comply with the requirements for receiving updates and support as specified by iamReverb Audio GmbH.
11. Termination
We may suspend or terminate your access to the Software, Website, or Services at any time and for any reason, including if you breach these Terms. Upon termination, you must immediately cease using the Software and Services and destroy any copies in your possession.
12. Limitation of Liability
To the maximum extent permitted by applicable law, iamReverb Audio GmbH shall not be liable for any direct or indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising from your use of the Software, Website, or Services, excluded premeditation and gross negligence.
Our liability to you for any claim arising out of or relating to these Terms, whether in contract, tort, or otherwise, shall be limited to the amount you paid for the Software or Services during the 12-month period preceding the claim.
13. Warranty Disclaimer
The Software, Website, and Services are provided “as is” and “as available” without warranties of any kind, express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose. We do not warrant that the Software or Services will be error-free or uninterrupted.
If there is a legitimate defect in the software or service, it must be reported to iamReverb Audio GmbH at the current contact address without delay, and at the latest within eight days, providing a detailed and specific description of the identified defect, in order to avoid any loss of claims by the user. In the case of legitimate defects, iamReverb Audio GmbH has the right to remedy the defect within a reasonable period of at least three weeks. If the defect is not remedied within the reasonable period of at least three weeks, or cannot be remedied, the user may either request an appropriate reduction in price or the cancellation of the contract. In the event of contract cancellation, the user must immediately cease all use of the software or services of iamReverb Audio GmbH and refrain from further use.
The replacement of any consequential damages, regardless of the reason and in whatever form they occur, particularly compensation for the inability to use the software or services, is excluded in all cases and to the fullest extent, unless the damages were caused by iamReverb Audio GmbH intentionally or through gross negligence.
14. Right of Withdrawal for Consumers
iamReverb Audio GmbH provides the user with the software free of charge for a 14-day trial period. If a consumer downloads and uses the software for trial purposes, this is considered a paid order, and the 14-day trial period will be fully included in the 14-day withdrawal period. Therefore, if the user pays the agreed contractual fee for permanent use of the software after the 14-day trial period has expired, their right of withdrawal will be exhausted and expired by the 14-day free trial period.
By continuing to use the software after the 14-day trial period, the consumer declares that iamReverb Audio GmbH has already begun fulfilling the contract with their express consent, and the consumer acknowledges that by continuing to use the software for a fee, they lose any potential right to withdraw after the 14-day trial period due to the prior full fulfillment of the contract.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Austria, Europe. Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in A-2100 Korneuburg.
16. Delivery Address
As long as the user does not explicitly provide a different delivery address, all deliveries to the user by iamReverb Audio GmbH can continue to be legally made to the last provided address, and all deliveries will be considered as delivered on the day following the dispatch, regardless of whether they actually reach the user.
17. Changes to These Terms
iamReverb Audio GmbH reserves the right to modify or update these Terms at any time. Any changes will be posted on the Website, and the new terms will be effective immediately upon posting. It is your responsibility to review these Terms periodically for any changes.
18. Miscellaneous
- Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will remain in full force and effect.
- Entire Agreement: These Terms constitute the entire agreement between you and iamReverb Audio GmbH with respect to your use of the Software, Website, and Services, superseding all prior or contemporaneous agreements or understandings.
- Force Majeure: We shall not be liable for any delay or failure in performance due to causes beyond our reasonable control, including but not limited to acts of nature, governmental actions, or technical failures.
19. Contact Information
If you have any questions regarding our terms and conditions please reach out to: contact@iamreverb.com
By accessing or using the Software, Website, or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.