Terms & Conditions

These Terms & Conditions (“Terms”) apply to all orders placed by customers (“you”) through the 36DSP online shop at 36dsp.com (“Shop”), operated by Fynn Kopany, Bodelschwinghstraße 10/2, 72636 Frickenhausen, Deutschland (“we”, “us”) — see our Imprint for full identification details.

We sell exclusively to consumers and businesses. A consumer (Sec. 13 BGB) is any natural person entering into a transaction for purposes that are predominantly outside their trade or profession. All other customers are treated as businesses (Unternehmer, Sec. 14 BGB).

Conflicting, additional, or deviating general terms of the customer do not become part of the contract unless we expressly agree to their validity in writing.

36DSP sells licenses to use proprietary audio plugin software (“Plugins”) delivered exclusively as digital content via electronically issued license keys and downloads through the DSP Central application. No physical goods are sold or shipped.

Purchasing a license does not transfer any copyright or other intellectual property in the Plugins to you. You receive a contractual right of use only, on the terms set out in Section 7 below.

Product listings in the Shop do not constitute a binding offer on our part, but an invitation for you to submit an order. By adding a Plugin to your cart, reviewing it, and clicking the “Checkout” button, you submit a binding offer to purchase the selected license(s).

Before submitting your order, you can review and correct your cart contents at any time (quantity, removal of items) on the cart page. We may accept your offer by (a) granting the license and issuing the license key to your account, or (b) sending a confirmation by email. The contract is concluded at the moment of acceptance.

We store the order data and the text of these Terms; you can view your past orders and licenses under My Account → Licenses at any time. The contract language is English or German, depending on the language selected on the website.

All prices displayed in the Shop are final prices in the currency shown at checkout. As we qualify as a small business within the meaning of Sec. 19 (1) UStG (Kleinunternehmer), no VAT is added to or shown separately on our prices — see our Imprint.

The purchase price is due immediately upon conclusion of the contract. Payment is made using whichever payment method(s) are made available in the checkout flow at the time of your order. We reserve the right to add, remove, or change available payment methods at any time, including before payment processing is fully enabled in the Shop.

Licenses are delivered exclusively in digital form. Upon conclusion of the contract, your license key is issued to your account and made available for activation and download via the DSP Central application. No shipping times apply, and there is no physical delivery.

Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded.

To exercise your right of withdrawal, you must inform us (Fynn Kopany, Bodelschwinghstraße 10/2, 72636 Frickenhausen, Deutschland, support@36dsp.com) of your decision to withdraw from this contract by an unambiguous statement (e.g. a letter sent by post or an e-mail). You may use the model withdrawal form below, although it is not obligatory.

To comply with the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse all payments received from you, without undue delay and at the latest within fourteen days from the day on which we received notification of your withdrawal. We will use the same means of payment you used for the original transaction unless expressly agreed otherwise; in no event will you be charged any fees for such reimbursement.

Early expiry of the right of withdrawal for digital content

Your right of withdrawal expires early once we have begun performance of the contract (i.e. issuing your license key / enabling your download) if you have

1. expressly consented to us beginning performance of the contract before the withdrawal period has expired, and
2. acknowledged that, by giving that consent, you lose your right of withdrawal once performance has begun.

We obtain this consent and acknowledgment via a dedicated checkbox during checkout, before your order is submitted, and confirm it to you in your order confirmation. If you do not provide this consent, we will not begin delivering digital content until the withdrawal period has lapsed.

This right of withdrawal applies only to consumers within the meaning of Sec. 13 BGB. Business customers do not have a statutory right of withdrawal.

Upon full payment of the purchase price, we grant you a license that is:

• non-exclusive and non-transferable;
• perpetual for the version of the Plugin purchased, unless otherwise stated on the product page;
• limited to the number of device activations stated on the product page or in your account at the time of purchase;
• usable for personal or commercial audio production purposes, including in productions you sell or distribute, but excluding any resale, sublicensing, or redistribution of the Plugin or license key itself.

You may not reverse-engineer, decompile, circumvent license activation, or redistribute the Plugin software except as expressly permitted by mandatory law. We may revoke or deactivate a license key in case of fraud, payment chargeback/reversal, or material breach of these license terms.

Statutory warranty rights for digital products (Sec. 327 et seq. BGB) apply. If the Plugin is defective, you are entitled, subject to the statutory requirements, to supplementary performance (e.g. an update or fix), and, where applicable, to a price reduction or termination of the contract. Nothing in these Terms limits your statutory warranty rights as a consumer.

We are liable without limitation for damages resulting from intent or gross negligence, for fraudulently concealed defects, for injury to life, body, or health, and under the German Product Liability Act (Produkthaftungsgesetz).

For damages caused by ordinary negligence resulting from a breach of a material contractual obligation (Kardinalpflicht) — i.e. an obligation whose fulfillment is a precondition for the proper performance of the contract and on whose compliance you could reasonably rely — our liability is limited to the typically foreseeable damage. Any further liability for ordinary negligence is excluded.

We may amend these Terms with effect for future orders. The version published on this page at the time you submit your order governs that order. We will not change the Terms applicable to an order already placed without your consent, except where required by law.

These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If you are a consumer habitually resident in another EU member state, this choice of law does not deprive you of the protection afforded by mandatory consumer-protection provisions of the law of your country of residence.

If you are a business, the exclusive place of jurisdiction for all disputes arising from this contract is our place of business as stated in the Imprint. This does not apply to consumers.

Should any provision of these Terms be or become invalid, the validity of the remaining provisions shall remain unaffected. Our statement on participation in consumer dispute resolution proceedings is set out in the Imprint.