Terms & Conditions.

1. Your agreement with us

These terms govern the Perfect Pitch Audio website, accounts, software, trials, licences and related services, including Phaeton and Telion. Your agreement is with Perfect Pitch Audio LLC, a California limited liability company, referred to as “Perfect Pitch Audio”, “we”, “us” or “our”.

We make these terms available before asking you to accept them when creating an account, obtaining a licence or subscribing. Accept only if you have the legal capacity to enter into this agreement. If acting for an organisation, you must have authority to bind it. Our products and accounts are not intended for children under 16.

Paddle is the merchant of record for purchases processed through Paddle. Your purchase agreement with Paddle is separate from this software and service agreement with us. Our Privacy Policy explains how personal information is handled.

Please read Section 8 before purchasing or using the software. It explains software risks, exclusions of certain losses and the aggregate purchase-price limit for a paid licence, together with the consumer rights and other liabilities those provisions do not restrict.

Features and paid plans described here apply when available and selected. This page does not itself make a product available for purchase.

2. Phaeton licences and trial

Paid licence

A standard paid Phaeton licence permits one person to install and use the licensed version on up to two computers at the same time, including for commercial music and audio work. It is a continuing licence rather than a subscription, subject to these terms and lawful termination under Section 9.

You may move an activation to another computer by deactivating the previous computer through the available plugin or account controls. Two activations are part of one licence, not two separately purchased licences.

All Phaeton 1.x updates are included at no additional licence charge. This does not include a promise of a particular release schedule, a future major version or compatibility with every future operating system, host or hardware change. Any update or support duties required by law remain unaffected.

Trial

The Phaeton trial provides unrestricted controls for 30 days from first launch. It is limited to one trial per person and machine.

When the trial expires, its controls lock until a valid paid licence is activated. The trial audio engine is designed to continue processing with the existing settings so that trial expiry itself does not disable processing in an existing session. This describes the trial-expiry behaviour; it does not guarantee that every project will open or play correctly after unrelated software, system or configuration changes.

Starting or using the trial does not by itself waive a cancellation right or a remedy for defective software that the law gives you.

Complimentary and NFR licences

A complimentary, evaluation or not-for-resale licence may have different seats, duration or permitted uses stated when issued. Those disclosed licence-specific conditions apply. A restriction introduced after issue does not retrospectively change a paid licence.

3. Telion Free and Telion Pro

Telion Free permits personal use on your own computers over your local network, with up to 32 listeners. An account is required for the account-based features. A personal licence permits your own commercial audio work; it does not permit reselling our streaming service or sharing account credentials.

Telion Pro adds internet streaming. The standard plan is US$5.99 per month, taxes included, with one online stream at a time and up to five listeners. The same account licence may be used on your computers within that stream limit. Any different currency, lawful regional price or expressly selected offer is shown before you confirm the purchase.

Pro renews automatically and Paddle charges for each monthly period until you cancel. You can cancel through your account or the subscription-management link in your Paddle receipt. Cancellation stops the next renewal; access continues until the end of the paid period. Telion Free remains available for local-network use under its applicable licence. Cancellation and a refund are separate processes.

We may change a future renewal price to reflect changes in operating costs, applicable taxes or the service offered. We will email the new price, reason and effective renewal date at least 30 days in advance. A change will not affect a period already paid for. You may cancel before it takes effect. We will obtain any additional consent and provide any additional notice required by applicable law.

Telion provides live transmission. It is not a recording, storage, backup or guaranteed-delivery service. Stream quality depends on supported configurations, network conditions and the receiving device. Protect your listening links and any access password: a recipient may forward access or record the audio. Only transmit material you are entitled to share.

4. Payment, delivery and refunds

Paddle processes payment and supplies purchase receipts under the Paddle Buyer Terms and Refund Policy. Those documents govern the purchase transaction with Paddle; these terms govern your licence and our services. They do not replace Paddle's obligations with ours or ours with Paddle's.

The checkout identifies the product, total price, billing interval where relevant, and delivery arrangements before payment. Introductory prices apply only as disclosed in the offer. A change to a new-customer price does not change a completed one-time purchase.

Request a refund through the Paddle link in your receipt or contact us for assistance. Mandatory cancellation, withdrawal, conformity and refund rights remain available. Any legally effective request for immediate digital delivery and acknowledgement concerning a withdrawal right must be obtained separately where required. Neither accepting these terms nor trying the product automatically provides that acknowledgement.

When a purchase is refunded or lawfully reversed, the licence or paid access funded by that purchase may end to the corresponding extent. This does not affect unrelated paid licences. A payment dispute alone does not waive your legal rights.

5. Accounts and permitted use

Provide accurate account information, protect your login credentials and licence keys, and tell us promptly if you believe they have been compromised. You are not automatically responsible for every unauthorised action merely because it involved your account.

The software is licensed, not transferred into your ownership. We and our licensors retain intellectual property rights in the software and website. You retain your rights in your audio, projects and other original work. Using our software does not give us ownership of that work.

Unless an express licence or mandatory law permits it, you must not:

• share, publish, sell, sublicense or distribute licence keys or account access;
• distribute unauthorised copies, remove ownership notices or bypass activation, trial or stream limits;
• reverse engineer or modify protected software, except to the extent you have a legal right that cannot be restricted by contract;
• interfere with accounts, networks or services, introduce malware, or use the service to infringe another person's rights.

These restrictions do not prohibit legitimate backups, uses expressly granted here, lawful interoperability work or other non-waivable rights.

5.1 Export controls and sanctions

You must comply with export-control and economic-sanctions laws applicable to your acquisition, use, export, re-export or transfer of the software and services, including applicable United States restrictions. You must not obtain or provide access for a person, destination or end use where the transaction is prohibited, unless it is lawfully authorised. Do not misrepresent your identity, location or intended use to circumvent an applicable restriction.

We may restrict a transaction or access to the extent required by applicable law and seek information reasonably needed to establish whether it is permitted. Any associated handling of payments, refunds or blocked property must also comply with that law. This provision does not treat a person's nationality alone as establishing that a transaction is prohibited.

5.2 Copyright complaints and repeat infringement

You must hold the rights or permissions needed to transmit material through Telion. Our service does not supply a licence to someone else's music, recording or other protected content.

Our Copyright Policy explains how to submit infringement notices and, where applicable, counter-notifications, and provides the relevant contact details. That procedure forms part of these terms for copyright complaints. We will respond to qualifying notices and take action required by the law applicable to the relevant service.

We maintain and reasonably implement a policy of terminating, in appropriate circumstances, the accounts or service access of repeat copyright infringers. Action will take account of the circumstances and applicable procedures; receiving an allegation does not by itself establish that infringement occurred. This provision does not promise that every feature qualifies for a statutory safe harbour or that we can remove material from a listener's device.

5.3 Business-customer indemnity for transmitted content

If you use Telion as a business customer, you agree to indemnify Perfect Pitch Audio LLC against third-party claims, damages and reasonable legal costs to the extent caused by your transmission of content that infringes another person's copyright, other intellectual property rights or privacy rights, or by your material breach of the content obligations above. This includes reasonable defence costs, amounts finally awarded by a competent court and settlements you approve in writing. It does not cover losses attributable to our own breach, negligence or unlawful conduct.

We will notify you promptly of a claim, provide reasonable cooperation at your expense and allow you to manage the defence with reasonably acceptable counsel. A delay in notice reduces your obligation only to the extent it materially prejudices the defence. You may not agree to a settlement that admits fault by us, imposes a non-monetary obligation on us or fails to release us from the covered claim without our written consent, which we will not unreasonably withhold.

This contractual indemnity applies only to business customers. Consumers remain responsible for their own conduct under applicable law without this additional contractual indemnity. The limits in Section 8 concern our liability and do not set the amount of a business customer's obligation under this subsection. Nothing here gives a claimant a right to recover twice for the same loss.

5.4 Third-party technology and names

VST is a trademark of Steinberg Media Technologies GmbH. Audio Units is an Apple technology, and AAX is an Avid technology. Third-party names, marks and logos belong to their respective owners. References identify technology or compatibility and do not imply endorsement of Perfect Pitch Audio by those owners.

Applicable third-party software notices and licences supplied with a product remain available with that product. Any rights granted directly under an applicable third-party or open-source licence remain governed by that licence. Mentioning a technology here does not establish that a particular version of our product supports it; consult that version's published specifications.

6. Compatibility, safe use and support

Check the supported operating systems, plugin formats, hosts and other requirements published for the version you obtain. A format or platform named in a future announcement is not necessarily included in the version being supplied.

Use the trial where available to check your intended setup. Maintain independent, versioned backups; save your work regularly; and test changes on a copy of an important project before replacing a working configuration. For important deliverables, consider keeping rendered audio or stems and a record of the versions used.

Software defects, host crashes, failed updates and interactions with other software can affect sessions or audio output. Start monitoring at a safe level. Our products are not designed for safety-critical systems or situations in which a failure could reasonably cause injury.

These precautions help reduce loss. They are not a waiver of mandatory rights or an automatic reason to reject a valid claim. Any reduction for a failure to take reasonable precautions must follow applicable law.

Contact support with the relevant product, version, system details and a description of the problem. Do not send passwords or full licence keys in a public report. We do not guarantee that every defect can be fixed, that a lost project can be recovered or that support will resolve a problem by a particular deadline, unless we expressly agree otherwise.

7. Availability and service changes

Maintenance, security incidents, network failures and other disruptions may temporarily affect downloads, activation, account access or streaming. We do not provide a separate uptime service-level agreement unless expressly agreed in writing.

We may make proportionate changes needed to maintain compatibility, correct faults, improve security or comply with law. We will not use this provision to remove the core paid entitlement you already purchased without providing any remedy required by law.

If we must discontinue a paid online service for reasons genuinely beyond our reasonable control, we will give reasonable notice when possible and arrange a refund for the prepaid service we do not supply. Mandatory additional remedies remain available. Events outside our control do not automatically excuse failures caused by our own failure to meet a legal or contractual duty.

8. Warranties and limits of liability

8.1 Rights these provisions do not restrict

Nothing in these terms excludes or limits liability for fraud, fraudulent misrepresentation or intentional misconduct; death or personal injury caused by negligence; gross negligence where its exclusion or limitation is prohibited; or any other liability that applicable law does not allow us to exclude or limit. This includes liability for unlawful conduct to the extent a contractual restriction is prohibited by California Civil Code section 1668 or other applicable law.

If you are a consumer, these terms do not take away mandatory rights concerning the description, quality, fitness, supply or security of digital content or services, required updates, cancellation, repair, replacement, price reduction or refund. They do not restrict compensation required by law for damage to your device or digital content, or other loss for which consumer law requires a remedy. Whether you are a consumer depends on applicable law and the purpose of the transaction, not simply on whether you make music or earn some income from it.

These protections take priority over every disclaimer, exclusion and monetary limit below, including where a mandatory remedy exceeds the purchase price.

8.2 What is and is not warranted

The product descriptions and express commitments we make when supplying a product remain part of the agreement. We do not warrant uninterrupted operation, complete freedom from defects, universal compatibility, preservation of every session or file, or any particular creative, technical or commercial result.

For business customers, and only where legally permitted, the software and services are otherwise supplied “AS IS” and “AS AVAILABLE”, without additional implied warranties of merchantability, fitness for a particular purpose or non-infringement. This does not cancel an express commitment or any warranty that cannot lawfully be disclaimed.

8.3 Excluded losses

For business customers, subject to Section 8.1, we are not liable for the following losses arising from or connected with the software or services, whether described as direct, indirect, incidental, consequential, special or otherwise:

• loss, corruption, alteration or inaccessibility of DAW projects, sessions, project versions, recordings, audio files, presets, automation, settings or other data;
• lost unsaved work, failed saves or autosaves, damaged backups, sessions that fail to reopen, or changes that cannot be recovered after a crash, freeze, update, activation problem or other malfunction;
• failed, interrupted, delayed or defective playback, recording, rendering, bouncing, exporting, live performance or streaming;
• time or expense spent diagnosing a problem, restoring data, rebuilding sessions, recreating work, re-recording, re-rendering, hiring studios or personnel, or obtaining substitute software or services;
• lost profits, revenue, sales, business, contracts, opportunities, goodwill, anticipated savings or use; missed deadlines; interruption of business; and amounts claimed against you by your clients or other third parties;
• exemplary or punitive damages, where their exclusion is lawful.

These business exclusions apply even if we were told that such losses were possible and regardless of the legal basis of the claim, including contract, warranty or ordinary negligence, where the exclusion is lawful. They do not remove a mandatory remedy or an express refund entitlement.

For consumers, we do not exclude recoverable loss merely because it involves a project, audio file or unsaved work. We are not responsible for loss that applicable law does not attribute to us, and we do not assume responsibility for commercial losses under a transaction made mainly for personal purposes. Your mandatory remedies for our breach or defective digital content remain intact.

8.4 One aggregate limit for each paid licence

Subject to Section 8.1, our total aggregate monetary liability arising out of or relating to a particular paid software licence shall not exceed the total purchase price actually paid for that specific licence. This is one combined limit for all claims relating to that licence, not a separate limit for each claim or incident.

“Purchase price” means the amount actually paid to Paddle or another authorised seller for that licence after discounts, including taxes attributable to that purchase. It does not mean the undiscounted list price or the amount remaining after a seller deducts its fees.

The limit applies collectively across all claims, claimants deriving rights through that licence, legal theories and events connected with the licence. It does not multiply with the number of computers, activations, users, plugin instances, projects, crashes, updates, downloads or replacement keys. Included updates and replacement keys remain part of the original licence. A separately purchased licence has its own limit. An unrelated licence does not increase the limit for an affected licence.

Where an order includes several licences, the amount assigned to each licence on the order determines its purchase price. If an order provides only one price for a bundle, allocate that price among the included licences in proportion to their separately advertised prices at purchase, or equally among identical licences. The allocations cannot together exceed the amount paid for the bundle.

A refund or compensation already received for the same loss counts toward satisfying that loss and, where lawful, the applicable aggregate limit. It does not permit us to reduce a remedy that mandatory law requires or to obtain double credit for one payment. You cannot recover twice for the same loss merely by relying on several licences or legal theories.

8.5 Telion Pro subscription limit

Subject to Section 8.1, our total aggregate monetary liability relating to Telion Pro for an affected paid billing period shall not exceed the amount actually paid for that one billing period, after discounts and including attributable taxes.

All claims relating to that period share that limit. For a continuing incident or a series of incidents with the same underlying cause, the affected period is the paid period in which the incident first caused loss. Continuing effects, later claims or subsequent renewals do not create additional limits for the same incident. A separate incident in a different paid period has that period's limit. No limit is multiplied by listeners, streams or devices, and the same loss cannot be recovered twice.

A legal obligation to return payments for service not supplied is not reduced by treating each undelivered period as part of one incident.

8.6 Free, trial and complimentary access

Sections 8.1 through 8.3 also govern free, trial and complimentary access. The paid purchase-price limits do not create a fictional purchase price for an unpaid licence or a separate promise of compensation. No additional contractual monetary guarantee is offered for free access. Liability and remedies that cannot lawfully be excluded remain unaffected.

8.7 Unauthorised copies and third-party causes

Subject to Section 8.1, we are not responsible for loss to the extent it is caused by a cracked, pirated, repackaged or unauthorised copy; unauthorised modification; a licence bypass; malware introduced outside our authorised distribution; tampering with the software or its licensing components; or an unsupported configuration or third-party failure for which we are not legally responsible.

We do not provide a licence, warranty, updates or support for an unauthorised copy merely because it carries our name. The presence of unrelated third-party software does not by itself establish that it caused the loss or remove your rights concerning a genuine copy of our software.

8.8 Scope of these limits

The applicable lawful limit covers monetary claims against Perfect Pitch Audio LLC and, where they may lawfully rely on it, its personnel and licensors for their work on the relevant product. It does not create immunity for a person's own conduct where the law imposes liability that cannot be restricted.

The exclusions and limits apply after the specific product entitlement and the protections in Section 8.1 have been taken into account. They survive expiry or lawful termination for claims to which they lawfully apply.

9. Suspension, termination and account deletion

We may restrict access proportionately where reasonably necessary to address a compromised key, fraud, unauthorised distribution, a material breach, non-payment for a paid service or an immediate security threat. Except where urgent action or law prevents it, we will explain the issue and give a reasonable opportunity to correct it before terminating a paid entitlement.

If we suspend a genuine licence in error, contact support for review and restoration. Suspension of one disputed or compromised licence does not automatically terminate unrelated valid licences.

You may stop using the software at any time. To stop subscription renewal, use the cancellation process in Section 3. Contact support to request account deletion. Before deleting information needed for activation, we will explain the practical effect and any records that must lawfully be retained. A privacy request is not, by itself, agreement to forfeit an already purchased licence.

Lawful termination ends the affected right to use the software or service, subject to mandatory rights and any expressly surviving entitlement. It does not give us ownership of your projects or authority to delete them from your devices.

10. Changes to these terms

We may revise these terms for future transactions to reflect legal, security, technical or product changes. We will identify the effective date and give notice of material changes through the website and, where relevant, account email.

A revision does not retrospectively reduce an existing paid entitlement, change an accrued claim or increase a price for a period already paid for. Where a change to an existing agreement requires your consent, we will request it. A material change to an ongoing subscription will be notified before the affected renewal so you can cancel, together with any longer notice or further remedy required by law. Merely posting revised terms does not itself establish consent to a change requiring it.

11. Governing law, disputes and general terms

California law governs this agreement, except where mandatory law requires otherwise. If you are a business customer, disputes under this agreement are subject to the competent state or federal courts in California.

If you are a consumer, this choice does not deprive you of mandatory protections or court rights available under the law applicable to you, including rights in your country or state of residence. It does not change the governing law of your separate purchase agreement with Paddle.

You can contact support to seek a resolution, but doing so is not a condition that prevents you from exercising legal rights. These terms do not shorten a statutory claim period.

Arbitration for United States residents

This section applies only if you are resident in the United States. It does not apply to residents of any other country, and it does not apply where the law that protects you does not permit it.

If you are a United States resident and a dispute arising out of or relating to these terms or our software cannot be resolved by email within 30 days, you and we agree that it will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, held in Ventura County, California, by telephone or by video, or at another place we agree. Either of us may instead bring an individual claim in small claims court, and either of us may seek injunctive relief in court for infringement or misuse of intellectual property.

You and we waive the right to a jury trial and the right to bring or take part in a class, collective or representative action. If the waiver in this paragraph is held unenforceable for a particular claim, that claim is resolved in court and the rest of this section continues to apply to the remaining claims.

You may opt out of this arbitration section by emailing us at the address at the bottom of this page within 30 days of first accepting these terms, giving your name and the email address on your account. Opting out affects nothing else in these terms, and we will not treat it as a reason to refuse service.

Nothing in this section limits the rights preserved in Section 8.1, removes a remedy that applicable law requires to remain available in court, or prevents you or us from reporting a matter to a public authority.

If a provision is unenforceable, it will not apply to the extent of that unenforceability. The remainder continues only so far as it can lawfully operate independently. Nothing authorises rewriting a prohibited consumer term into a broader waiver.

These terms, the licence-specific conditions disclosed before acceptance and our express product commitments form the agreement for the relevant licence or service. They do not exclude liability for a representation or promise on which the law allows you to rely. A delay in enforcing a right is not a waiver of that right.