Terms and Conditions

1. Who we are

Phase Ctrl ("we", "us") operates phasectrl.com and distributes the software products listed on it. Our legal entity is Clark kHz LLC d/b/a Phase Ctrl, a Wyoming limited liability company. We are an independently owned and operated business.

We do not publish a postal address. Use the contact page, which reaches us and leaves a record, or email support at phasectrl dot com.

2. Agreement to these terms

By creating an account, downloading our software, or otherwise using this site, you agree to these terms. If you do not agree, do not use the service.

We may update these terms. Material changes will be announced by email to registered account holders at least 14 days before they take effect, and the "last updated" date above will change. Continued use after that date is acceptance.

3. Accounts

You must provide an accurate email address and confirm it before downloading software. You are responsible for keeping your credentials secure and for all activity under your account.

We may suspend or close an account that we reasonably believe is being used to redistribute our software, to circumvent licensing, or in breach of these terms. Where we do so, we will tell you why unless prevented by law.

4. License to use the software

Subject to payment where applicable, we grant you a non-exclusive, non-transferable, revocable license to install and use the software on any computer or device you own or control, for both commercial and non-commercial purposes.

You may not:

• redistribute, resell, sublicense, rent or lend the software;
• reverse engineer, decompile or disassemble it, except to the extent that applicable law expressly permits despite this restriction;
• remove or alter any licensing, copyright or attribution notices;
• use it to develop a competing product.

We retain all intellectual property rights in the software. This is a license, not a sale.

5. Payment, renewals and refunds

Who you are buying from. Purchases are sold through a merchant of record, which means the payment provider — not us — is the seller for that transaction. Depending on where you buy, that is Stripe (through Stripe Managed Payments) or Gumroad. The merchant of record takes the payment, is responsible for calculating, collecting and remitting any sales tax, VAT or GST due on your purchase, and issues your receipt. We never see or store your card details.

Prices are shown in US dollars and exclude tax unless stated otherwise. Any tax due is calculated and added by the merchant of record at checkout, based on where you are.

The license in section 4 is still granted by us, and we remain responsible for the software itself, for support, and for everything else in these terms.

Refunds. All sales are final. Because of the immediate access and non-returnable nature of digital products, we are unable to offer refunds once a purchase is completed — unlike physical goods, digital files cannot truly be returned after they have been downloaded or accessed.

Because your purchase is made through a merchant of record, that provider operates its own refund and dispute process, and it applies to your transaction alongside this section. Where their policy gives you more than this section does, theirs applies. Contact us first and we will help either way.

Every product has a free demo, and most have a web demo you can use in your browser without buying or registering anything. We would much rather you found out a device is not for you before paying for it, so please try one first.

Nothing in this section limits any refund right you have under the consumer protection law of your state.

If you are buying from the EEA or the UK, your statutory right to withdraw within 14 days applies, except where you have asked for immediate delivery and acknowledged that the right is lost once the download begins.

6. Updates and support

We aim to provide updates and support for the current major version and the one before it. We do not guarantee that any specific feature will be maintained indefinitely, that the software will be compatible with future operating system or host versions, or that it will be free from defects.

7. Acceptable use of the site

Do not attempt to gain unauthorized access to any part of the service, probe or scan it, interfere with its operation, or use it to distribute malware or unlawful material.

8. User-submitted content

If you submit content — support tickets, comments, or feedback — you grant us a worldwide, royalty-free license to use it for the purpose of operating and improving the service. You confirm you have the right to submit it.

9. Disclaimers

THE SOFTWARE AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Some states do not allow the exclusion of implied warranties, so parts of this section may not apply to you.

10. Limitation of liability

Nothing in these terms limits liability for fraud, for gross negligence or willful misconduct, for death or personal injury caused by our negligence, or for anything else that cannot lawfully be limited. Some states do not allow the exclusion or limitation of incidental or consequential damages, so parts of this section may not apply to you.

Subject to that, our total liability arising out of or in connection with these terms is limited to the greater of $20 or the sums you paid us in the 12 months before the claim arose. We are not liable for lost profits, lost recordings, lost data, or business interruption.

Listen at a safe volume. Take the same precautions with your listening levels that you would with any other audio device, software or hardware. Certain settings can produce sustained tones at loud levels — a self-oscillating resonance filter is one example.

You are responsible for your own monitoring chain and listening levels. To the fullest extent permitted by law, we are not liable for hearing damage or for damage to speakers, headphones, amplifiers or other equipment. That is subject to the first paragraph of this section, which we cannot and do not override.

Back up your work. No software license is a substitute for a backup.

11. Termination

You may stop using the service at any time and delete your account from your account page. We may terminate this license if you materially breach these terms and do not remedy the breach within 14 days of being asked to.

On termination you must stop using the software and remove installed copies. Sections 4 (ownership), 9, 10, 12 and 14 survive termination.

12. Export and government use

You may not use or re-export the software in violation of US export control or sanctions law. The software is "commercial computer software" as defined in FAR 12.212 and DFARS 227.7202; US government use is subject to these terms.

13. Privacy

Our handling of personal data is described in the Privacy Policy, which forms part of these terms.

14. Governing law

These terms are governed by the laws of the State of New York, United States, without regard to its conflict-of-laws rules. The state courts located in Queens County, New York and the United States District Court for the Eastern District of New York have exclusive jurisdiction, and you and we each consent to venue there.

None of this removes a mandatory consumer protection available to you where you live, or your right to bring a claim in your local small claims court.

15. Contact

Questions about these terms: use the contact page or email support at phasectrl dot com.