Terms of Service

Last updated: 2023-06-10

1. Definitions

analogdesigns.io (this “Website”) is owned and operated by Analog Research & Design LLC with its registered office in the United States. The terms “Analog Research & Design”, “Analog Designs”, “we”, “us”, “our” and “ours” when used in these Terms of Use means Analog Research & Design LLC. The terms “you”, “your” and “yours” when used in these Terms of Use means any user of this Website.

Access to and use of this Website and the information, materials, products and services available through this Website are subject to all applicable laws and regulations and to these Terms of Use. By accessing this Website, you agree to these Terms of Use which form a legally binding agreement. If you do not agree, please refrain from using this Website.

These Terms of Use may be changed by us from time to time without specific notice to you. The latest Terms of Use will be posted on the Website, and you should always review these Terms of Use prior to using the Website to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Website. If you cannot access the Terms of Use via the Internet, we can provide a copy of the most recent Terms of Use by e-mail upon request at support@analogdesigns.io.

Please halt all activity on this site if your access or use of this website contravenes any applicable laws or regulations. You are solely responsible for ensuring that your access to or use of this Website does not violate any such laws or regulations.

2. Ownership

Unless otherwise indicated, this Website and its design, text, content, selection and arrangement of elements, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to this Website are protected under applicable copyrights, trademarks, and other proprietary (including, but not limited to, intellectual property such as our software) rights and are the property of Analog Designs or the material is included with the permission of the rights owner and is protected pursuant to copyright and trademark laws.

Analog Designs reserves all of its rights. The posting of any such elements on this Website does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through this Website. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.

Permission is hereby granted to the extent necessary to lawfully access and use this Website and/or information, materials, products and/or services available on it to display, download, archive and print in hard copy, portions of this Website for personal use only, provided you do not modify the materials and that you retain any and all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these Terms of Use. Upon termination, you must immediately destroy any downloaded, archived or printed materials.

3. Trademarks

The Analog Designs name and logo, all product names, all page headers, all custom graphics, all button icons, all trademarks, service marks and logos appearing on this Website, unless otherwise noted, are trademarks of Analog Designs (the "Marks"). All other trademarks, product names, company names, logos, service marks and/or trademarks mentioned, displayed, cited or otherwise indicated on the Website are the property of their respective owners. You agree not to display or use the Marks in any manner without our prior written permission. You agree not to display or use trademarks, product names, company names, logos, service marks and other trademarks which are the property of their respective owners, without the prior written consent of such owners. The use or misuse of the Marks or other trademarks, product names, company names, logos, service marks and/or any other trademarks or any other materials contained herein, except as permitted herein, is expressly prohibited.

4. User Conduct

By accessing and using this Website, you agree to use it only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, rules, and regulations pertaining to your use of the Services. You agree not to use the Services or the Company's content to:

1. Transmit any material that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive.
2. Use the Website for any purpose or activity of an illegal, fraudulent, or defamatory nature.
3. Attempt to gain unauthorized access to the Website or other accounts, computer systems, or networks connected to the Website.
4. Use the Website in a way that could harm, disable, overburden, or impair the Website, or interfere with any other party's use and enjoyment of the Website.

Violation of these Terms of Use may result in immediate termination of your access to the Website, in addition to any other remedies available to Analog Research & Design.

5. Purchasing Licenses

Our sotfware plug-ins are available for download from our website.

Licenses for the software can be purchased from our web shop. These licenses are sold and delivered by a third-party service provider, FastSpring, who is available to assist with any queries regarding payment and delivery processes. FastSpring's terms and conditions are applicable to this process and are available at the checkout before you finalize your purchase.

6. Refunds

Given the nature of our current licensing platform, all sales are deemed conclusive, and we do not offer refunds. It is incumbent upon you to meticulously review all details pertaining to your purchase, including the licensing terms, prior concluding any transactions on our Website. It is recommended to reach out to our customer support team with any uncertainties or concerns before finalizing your purchase. We are committed to responding to your inquiries and endeavor to guarantee your satisfaction with our services.

Despite this, we acknowledge that unforeseen situations may occur. Should you encounter any difficulties with the products or services procured, contact us at support@analogdesigns.io. We commit to engaging your concerns and pursuing a suitable resolution, albeit this does not assure a refund.

By executing a purchase on our Website, you hereby recognize and consent to this refund policy.

7. Links to Other Sites

This Website may contain links to other independent third-party websites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under our control, and we are not responsible for and do not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

8. Privacy & Data Protection

We value your privacy and are committed to safeguarding your personal data. The processing of personal data, such as name, address, e-mail address, or telephone number, will always be aligned with the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and in accordance with the data protection laws of the State of California and the United States applicable to Analog Research & Design LLC. By using our website, you consent to the collection and use of information following our Privacy Policy.

If you are a resident of California, you have certain rights under the California Consumer Privacy Act (CCPA). Please refer to our Privacy Policy for details.

9. Disclaimer

THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS, PRODUCTS AND SERVICES AVAILABLE THROUGH THIS WEBSITE.

10. Indemnification

You agree to defend, indemnify, and hold harmless Analog Research & Design and its affiliates, and their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of your access to or use of the Website, your violation of these Terms, or the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANALOG RESEARCH & DESIGN, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH ANALOG RESEARCH & DESIGN OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANALOG RESEARCH & DESIGN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF ANALOG RESEARCH & DESIGN UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10).

12. Governing Law & Jurisdiction

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Los Angeles County, California.

13. Contact Information

If you have any questions about these Terms of Use, or if you would like to request permission to use any Materials, please contact us at support@analogdesigns.io.