Terms of service
Applicability of the Terms
These are the FStreet Media/Bogren Digital Terms and Conditions of Purchase (“Terms”), which apply when you purchase a license to one of our Products, such as our Plug-ins and/or other software products. We are happy to say hello to you and hope we can be a part of your creativity in the future. We believe you are purchasing our software for your own use or on behalf of an entity that you represent. In the latter case, “you” refers to the entity you represent. Before you purchase or download any of our software plug-ins, applications or products, please read these Terms and any other document we refer to herein.
1. Certain definitions and our EULA and Privacy policy
These Terms apply to the purchase of licenses of the software plug-ins, applications or products provided by FStreet Media AB (“FStreet Media”, “we”, “us” or “our”) and that are available at bogrendigital.com. We offer software plug-ins, applications or products for the audio industry via licenses, including but not limited to high-end computer recording plug-ins under our own brand and for other reputable companies in the audio industry (collectively “Plug-ins”). By purchasing our relevant software products or Plug-ins, you are deemed to have accepted these Terms, together with the applicable End User License Agreement (the “EULA”) for your product and/or Plug-in and any other referenced document.
These Terms together with our Privacy Policy and Refund Policy, shall be regarded as a binding contract between you and us. If statutory rights in your country of residence, that are more favorable for you as a consumer, do apply, such rights shall however take precedence before the referred documents to the applicable extent.
2. Orders, Delivery, and Installation
To create orders, purchase, or download our products, you need to register a Bogren Digital account at our website, https://bogrendigital.com. We give you the detailed information in our FAQ pages on the website and in the section “Bogren Digital Account” below. If you create an order, we will notify you and confirm your order. At this point, we have entered into a binding contract with you.
3. Payment
The prices of our products are available at the product pages on our website. Insofar nothing else was expressly agreed between you and FStreet Media, payment shall be made in Euros. Local VAT is included in the displayed price.
The purchase price of a product is due as soon as you have placed the order and is thus payable in advance. Before you can download or install our products, we require pre-payment via a third-party payment provider, i.e. PayPal, Inc. or via credit card. We accept Visa, Mastercard, American Express and Discover credit cards.
If you have purchased any of our products from one of our third-party partners, you can use the coupon or license code you got from that dealer or distributor to download the product from our website.
4. Title and Rights
4.1 Title
The title of, and all the intellectual property rights (“IPR”) to the software in our Plug-ins, our website and any documentation related or linked to us and our Plug-ins are our own or our licensors property, as more detailed in the EULA. This title remains even though you have downloaded the Plug-in to your license management account or plugged it into another program or similar.
4.2 Intellectual Property Rights
When you purchase or download a Plug-in from us, we grant you a non-exclusive, transferable, time-restricted and revocable license to use the Plug-in as a software application or plug-in to your system or program, in accordance with and subject to the applicable EULA.
All trademarks, logos, domains and other features of Bogren Digital or our third-party partners, applications and devices appearing on our website are ours or our licensors. These Terms do not grant you any rights to use any features or other content on our website whether for commercial or non-commercial use.
You are not allowed to use the Plug-in for other purposes than those explicitly stated in these Terms and the applicable EULA and in no case for any non-legal activities.
4.3 Third Party Rights
Our Plug-ins are adapted for or specially made to fit with third-party applications, software, or hardware. Consequently, some content and IPR in our Plug-ins and on our website, belong to our licensors or to third parties. We will inform you about the third-party contents (i.e. code, sub-licenses, trademarks, and other IPR) when you purchase a Plug-in from us and/or in information contained in the Plug-in. If you want to know more and have information of relevant third-party licensors and the applicable terms and conditions for such third-party licenses, please check our additional information on the website.
5. Your Bogren Digital Account
5.1 Creating an Account
We require you to create a Bogren Digital account in order to purchase or download our products. Go to “My account” at our website and follow the instructions set out on our download page https://bogrendigital.com/account.
Without an account, we cannot fulfill our obligations towards you and deliver our products to you. Via your Bogren Digital account you can see available updates or upgrades, and special discounts you are eligible for.
6. Problem with your product?
6.1 Support
We offer support if your purchased product does not function properly. You may find a quick solution at our FAQ page https://bogrendigital.com/pages/faq, so we suggest that you check the FAQ first. You can also email us directly at support@bogrendigital.com. We will use our reasonable efforts to respond to your request within a reasonable time. If you need to talk to any of the members in our support team, we may schedule a time for such an appointment.
6.2 Bugs and Defects
If you want to make a complaint of our products, you should contact us as soon as possible and within a reasonable time from when you discovered the defect, using our email: support@bogrendigital.com.
6.3 Warranty and Liability
We offer our products “as is” or “as available”, without any express or implied warranty or condition of any kind. With regard to any warranty, the provisions of the EULA shall apply.
IN ANY EVENT, NEITHER WE NOR ANY OF OUR SUPPLIERS AND/OR LICENSORS SHALL BE LIABLE FOR ANY DAMAGES ARISING FROM THE USE OR INABILITY TO USE OUR PLUG-INS. IN NO EVENT WILL WE BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND AND (2) ANY LOSS OF DATA, USE, BUSINESS OR PROFITS OF ANY KIND, ARISING FROM THE USE OR INABILITY TO USE YOUR PLUG-IN AND HOWEVER CAUSED (INCLUDING BREACH OF WARRANTY). OUR ENTIRE LIABILITY SHALL IN ANY CASE AND ANY THEORY OF LIABILITY BE LIMITED TO THE PRICE YOU PAID WHEN YOU PURCHASED YOUR PLUG-IN. THIS LIMITATION OF LIABILITY SHALL, HOWEVER, NOT APPLY IN CASE OF OUR GROSS NEGLIGENCE AND/OR INTENTIONAL MISCONDUCT.
If you are using our products non-commercially, the possibly applicable statutory rights for you as a consumer in your country of residence shall apply, irrespective of the limitations set out herein.
7. Your Privacy
We care about your privacy, no matter how you contact or interact with us. We process your personal data for different purposes and on different legal grounds. In order to ensure that you are informed about how we process your personal data we strongly recommend you read our Privacy Policy, https://bogrendigital.com/policies/privacy-policy.
We also use cookies on our website, to make sure you have an enjoyable visit and to give you a good user experience.
Force majeure
If our performance of any obligation under the Terms, EULA or any other agreement or any obligations related thereto is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, war, terrorism, general and unforeseeable loss, interruptions or shortage of data or telecommunication facilities, unexpected virus or similar attacks on IT/IT-systems (including our website) or a similar occurrence or condition beyond the reasonable control of us (collectively “Excusable event”), we shall, upon giving prompt notice to you, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach under the Terms, EULA, any other agreement or any obligations related thereto. The same shall apply of one or more of our partners, licensors and/or suppliers is prevented, affected or restricted in a corresponding manner by an Excusable event.
In relation to your obligations under the Terms, EULA, any other agreement or any obligations related thereto the aforesaid shall correspond accordingly in case of an Excusable event on your side.
Governing Law and dispute resolution
These Terms are governed by the substantive laws of Sweden without regard to its choice or conflicts of law principles and in addition, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Any dispute arising from or in connection with these Terms shall be settled by Swedish Courts, with Örebro District Court as first instance.
This section 11 of the Terms does however not exclude your applicable consumer statutory rights in your jurisdiction of residence and potential rights in this regard. If you are a resident of the European Union, you may also be entitled to alternative online dispute resolution procedure. Contact us and we can tell you more, or find out more on EU online dispute resolution procedure for consumers.