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Terms of Service

Last Updated: March 2026 | Effective Date: March 2026

Terms of Service

These Terms of Service (“Terms”) are a legally binding agreement between you (“you” or “your”) and Analog Dessert LLC, an Ohio limited liability company (“Analog Dessert LLC,” “we,” “us,” or “our”). These Terms govern your access to and use of the website at analogdessert.com (the “Site”) and all products, software, and services offered through the Site.

1. Acceptance of Terms

By accessing the Site, creating an account, purchasing any product, downloading any software, or otherwise using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Site or purchase any products.

Your acceptance of these Terms may occur through electronic means, including but not limited to clicking “I Agree,” “Purchase,” “Buy Now,” or similar buttons, completing a checkout process, or downloading software. Such electronic acceptance constitutes your legally binding agreement to these Terms with the same force and effect as a handwritten signature.

2. Eligibility

You must be at least 18 years of age to use the Site or purchase products from Analog Dessert LLC. By using the Site or making a purchase, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.

3. Products and Pricing

Analog Dessert LLC develops and sells digital audio software plugins (“Software”). All products are delivered digitally as downloadable software. There are no physical goods.

All purchases are one-time transactions. There are no subscriptions or recurring charges unless explicitly stated otherwise for a specific product.

All prices are displayed in United States Dollars (USD). Prices are subject to change at any time without prior notice. The price in effect at the time of your purchase will be the price you are charged.

4. Payment and Billing

Payments are processed through third-party payment processors, including Stripe and PayPal. By submitting a purchase, you authorize Analog Dessert LLC and the applicable payment processor to charge the payment method you provide for the total amount of your order.

You are responsible for providing accurate, current, and complete payment information. You are also responsible for ensuring that your payment method has sufficient funds or credit available. Analog Dessert LLC is not liable for any fees, charges, or penalties imposed by your bank or payment provider as a result of our processing your payment in accordance with your purchase.

5. REFUND POLICY

ALL SALES ARE FINAL. ALL DIGITAL GOODS ARE NON-REFUNDABLE. BECAUSE THE SOFTWARE IS DELIVERED DIGITALLY AND CAN BE USED IMMEDIATELY UPON DOWNLOAD, WE DO NOT OFFER REFUNDS, EXCHANGES, OR CREDITS. THIS NO-REFUND POLICY IS DISCLOSED TO YOU BEFORE PURCHASE.

EXCEPTION: IF PAYMENT IS PROCESSED BUT THE DIGITAL DOWNLOAD IS NEVER DELIVERED DUE TO A TECHNICAL FAILURE ON OUR END, YOU MAY CONTACT US AT ANALOG.DESSERT@GMAIL.COM FOR A REMEDY, WHICH MAY INCLUDE RE-DELIVERY OF THE SOFTWARE OR A FULL REFUND AT OUR DISCRETION.

6. EU Digital Content

By completing your purchase, you expressly consent to the immediate delivery of digital content and acknowledge that you waive your 14-day right of withdrawal under the EU Consumer Rights Directive (Directive 2011/83/EU), Article 16(m). You understand that once the digital content has been made available for download, you lose your right to cancel the purchase and receive a refund.

7. Taxes

Prices displayed on the Site may not include applicable taxes. You are solely responsible for all sales tax, value-added tax (VAT), goods and services tax (GST), or any other taxes, duties, or government-imposed fees required by your jurisdiction in connection with your purchase. Analog Dessert LLC is not responsible for calculating, collecting, or remitting taxes on your behalf unless required by law.

8. License Terms

All Software purchased through the Site is licensed, not sold. Your use of the Software is governed by the End User License Agreement (EULA) available at analogdessert.com/eula. By purchasing and downloading the Software, you agree to the terms of the EULA. In the event of any conflict between these Terms and the EULA regarding your use of the Software, the EULA shall control.

9. Intellectual Property

All content on the Site, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, source code, and compilation thereof, is the property of Analog Dessert LLC or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws. All rights are reserved.

The Analog Dessert name, logo, and all related product names, design marks, and slogans are trademarks or service marks of Analog Dessert LLC. You may not use any of these marks without the prior written permission of Analog Dessert LLC.

10. User Conduct

By using the Site and any Software, you agree that you will not:

  1. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any Software;
  2. Redistribute, sublicense, resell, rent, lease, or lend any Software to any third party;
  3. Circumvent, disable, or otherwise interfere with any copy protection, digital rights management, licensing, or security features of the Software;
  4. Use the Site or any Software for any unlawful purpose or in violation of any applicable local, state, national, or international law;
  5. Modify, adapt, translate, or create derivative works based on the Software without prior written consent from Analog Dessert LLC;
  6. Remove, alter, or obscure any proprietary notices, labels, or marks on the Software or Site content.

11. Third-Party Links and Services

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Analog Dessert LLC. We provide these links for convenience only. Analog Dessert LLC has no control over, and assumes no responsibility for, the content, privacy policies, practices, or availability of any third-party websites or services.

Your use of any third-party website or service is at your own risk and is subject to that third party’s terms and conditions. Analog Dessert LLC is not liable for any damage or loss caused by or in connection with your use of or reliance on any third-party content, goods, or services.

12. DISCLAIMER OF WARRANTIES

THE WEBSITE AND SOFTWARE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ANALOG DESSERT LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ANALOG DESSERT LLC DOES NOT WARRANT THAT THE SITE OR SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SITE AND SOFTWARE IS AT YOUR SOLE RISK.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANALOG DESSERT LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, PERSONAL INJURY, HEARING LOSS, HEARING DAMAGE, TINNITUS, OR DAMAGE TO AUDIO EQUIPMENT OR OTHER PHYSICAL PROPERTY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SOFTWARE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ANALOG DESSERT LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY DOLLARS ($50.00), WHICHEVER IS LESSER.

14. AUDIO AND LIVE PERFORMANCE DISCLAIMER

THE SOFTWARE GENERATES AND PROCESSES AUDIO SIGNALS. YOU ACKNOWLEDGE THAT AUDIO SOFTWARE CAN PRODUCE UNEXPECTED OUTPUT THAT MAY CAUSE HEARING DAMAGE OR EQUIPMENT DAMAGE. THE SOFTWARE IS NOT WARRANTED FOR LIVE PERFORMANCES, TIME-CRITICAL RECORDING SESSIONS, OR BROADCAST ENVIRONMENTS. YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF THE SOFTWARE IN ANY AUDIO ENVIRONMENT, INCLUDING BUT NOT LIMITED TO THE RISK OF HEARING LOSS, HEARING DAMAGE, TINNITUS, AND DAMAGE TO SPEAKERS, AMPLIFIERS, OR OTHER AUDIO EQUIPMENT. SEE THE FULL AUDIO RISK DISCLAIMER IN OUR EULA.

THE SOFTWARE ALSO CONTAINS VISUAL ELEMENTS — INCLUDING STEP PLAYHEAD INDICATORS, PULSING ANIMATIONS, AND TEMPO-SYNCHRONIZED FLASHING — THAT MAY TRIGGER PHOTOSENSITIVE SEIZURES IN A SMALL PERCENTAGE OF PEOPLE, INCLUDING THOSE WITH NO PRIOR HISTORY OF EPILEPSY. SEE THE FULL PHOTOSENSITIVE SEIZURE WARNING IN OUR EULA.

15. Indemnification

You agree to indemnify, defend, and hold harmless Analog Dessert LLC, its members, managers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

  1. Your use of the Site or Software;
  2. Your violation of these Terms;
  3. Your violation of any rights of any third party;
  4. Your violation of any applicable law, rule, or regulation.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of law principles. Any legal action or proceeding not subject to arbitration under Section 17 shall be brought exclusively in the state or federal courts located in Summit County, Ohio. You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

17. Dispute Resolution

Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact Analog Dessert LLC at analog.dessert@gmail.com and attempt to resolve the dispute informally for at least thirty (30) days. Most disputes can be resolved without formal proceedings.

Binding Arbitration. If the dispute is not resolved informally within thirty (30) days, either party may initiate binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Summit County, Ohio, unless both parties agree to an alternative location or to conduct the arbitration remotely. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Class Action Waiver. You agree that any dispute resolution proceeding will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Analog Dessert LLC.

Small Claims Exception. Notwithstanding the above, either party may bring an individual action in small claims court in Summit County, Ohio, if the claim falls within that court’s jurisdictional limits.

18. Changes to Terms

Analog Dessert LLC reserves the right to update, modify, or replace these Terms at any time and at our sole discretion. Changes will be effective immediately upon posting the revised Terms on the Site. The “Last Updated” date at the top of these Terms will be revised accordingly. Your continued use of the Site or Software after any changes are posted constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

19. Severability and Entire Agreement

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions, which shall continue in full force and effect.

These Terms, together with the End User License Agreement and Privacy Policy, constitute the entire agreement between you and Analog Dessert LLC with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, or agreements, whether oral or written.

20. Contact

If you have any questions about these Terms of Service, please contact us:

Analog Dessert LLC
Email: analog.dessert@gmail.com
Website: https://analogdessert.com