1. SUB MOTH TERMS & CONDITIONS
1.1 INTRODUCTION / ACCEPTANCE OF TERMS

Welcome to SUB MOTH! These Terms and Conditions (“Terms”) govern your use of the SUB MOTH website (www.submoth.com) and the purchase of any digital products, including but not limited to sample packs, loops, and presets (“Products”). This website is operated by SUB MOTH. Throughout the site, the terms “we”, “us” and “our” refer to SUB MOTH. SUB MOTH offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing or using our website and purchasing Products, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our website or purchase our Products.

1.2 PRODUCT DESCRIPTION & AVAILABILITY

SUB MOTH offers digital audio products for music production, including sample packs, loops, and presets. All Products are digital and delivered electronically. We make every effort to ensure Product descriptions are accurate, but cannot guarantee that all details are free from error. Products are available for immediate download upon successful payment.

1.3 PRICING & PAYMENT

All prices listed on the SUB MOTH website are in Australian Dollars (AUD) and are inclusive of GST, if applicable. We accept payments via PayPal, Stripe, and Credit Card. All payments are processed securely. SUB MOTH reserves the right to change prices at any time without prior notice.

1.4 DIGITAL PRODUCT DELIVERY

Upon successful completion of your payment, you will receive an email containing a secure download link(s) for your purchased Product(s). Additionally, your download links will be accessible immediately on your order confirmation page and through your “My Account” section on our website. Download links are valid for 7 days from the date of purchase and allow for 3 downloads per Product. Please ensure you download and back up your Product files within this period. SUB MOTH is not responsible for lost downloads if the link has expired or reached its download limit.

1.5 REFUNDS & RETURNS POLICY
5.1 GENERAL POLICY: ALL SALES OF DIGITAL PRODUCTS ARE FINAL.

Due to the nature of digital goods, we do not offer refunds or exchanges for “change of mind” once a Product has been downloaded or the download link has been accessed.

5.2 AUSTRALIAN CONSUMER LAW (ACL)

Our Products come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the Products repaired or replaced if the Products fail to be of acceptable quality and the failure does not amount to a major failure.

5.3 WHEN A REFUND/REPLACEMENT MAY BE GRANTED

You may be entitled to a refund or replacement if:

  • The Product is proven to be defective or corrupted and cannot be used as intended after reasonable troubleshooting.
  • The Product does not match its description on our website.
  • You are unable to download the Product due to a technical error on our part that cannot be resolved.
5.4 HOW TO REQUEST A REFUND/REPLACEMENT

If you believe a Product is faulty or does not meet the consumer guarantees, please contact us immediately at support@submoth.com within 14 days of purchase. Provide your order number, a detailed description of the issue, and any relevant screenshots or error messages. We will assess your request promptly and provide a remedy in accordance with the ACL.

1.6 LICENSING TERMS
6.1 LICENSE GRANT

When you purchase a Product from SUB MOTH, you are granted a non-exclusive, non-transferable, royalty-free license to use the sounds, loops, samples, and presets (“Licensed Content”) in your own original musical compositions. This license allows for both commercial and non-commercial use of your musical compositions that incorporate the Licensed Content.

6.2 PERMITTED USE

You may:

  • Incorporate the Licensed Content into your own original musical compositions and produce, publish, perform, display, and distribute these compositions worldwide.
  • Use the Licensed Content in combination with other sounds to create new musical works for commercial release (e.g., songs for albums, EPs, mixtapes, advertisements, film scores, video game soundtracks).
6.3 PROHIBITED USE (CRUCIAL RESTRICTIONS)

You may NOT (and you must ensure any third parties you work with also do not):

  • Redistribute, resell, lease, license, sublicense, or otherwise make available the Licensed Content (or any part thereof), either in its original form or modified, as a standalone sound effect, loop, sample, or in any other sound library, sample pack, virtual instrument, or competitive product.
  • Use the Licensed Content for training, developing, or improving any artificial intelligence (AI) models, algorithms, or machine learning systems that generate, manipulate, or create audio or music.
  • Claim authorship or ownership of the Licensed Content itself.
  • Use the Licensed Content in isolation (i.e., not within a musical composition) as part of a commercially released project (e.g., using a single sound effect from the pack in a commercial app or video game without it being integrated into a larger musical work).
  • Transfer, assign, or sublicense this license to any other person or entity. The license is granted solely to the original purchaser.
1.7 INTELLECTUAL PROPERTY

All Products, content on this website, and the “SUB MOTH” brand, including text, graphics, logos, images, audio demos, and software, are the property of SUB MOTH or its content suppliers and are protected by Australian and international copyright laws. Unauthorized reproduction or distribution is strictly prohibited. Your purchase of a Product grants you a license to use the Licensed Content as specified in these Terms, but does not transfer ownership of the Licensed Content or any associated intellectual property rights to you.

1.8 LIMITATION OF LIABILITY

To the maximum extent permitted by law, SUB MOTH shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the website or Products; (b) any conduct or content of any third party on the website; or (c) unauthorized access, use or alteration of your transmissions or content.

1.9 GOVERNING LAW & DISPUTE RESOLUTION

These Terms are governed by and construed in accordance with the laws of New South Wales, Australia. Any disputes arising from these Terms or your use of the website will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

1.10 CHANGES TO TERMS

SUB MOTH reserves the right to modify or replace these Terms at any time. We will notify you of any changes by posting the updated Terms on our website. Your continued use of the website or purchase of Products after any such changes constitutes your acceptance of the new Terms.

2. SUB MOTH PRIVACY POLICY
2.1 INTRODUCTION

SUB MOTH (referred to as “we,” “us,” or “our”) is committed to protecting your privacy. This Privacy Policy outlines how we collect, use, store, and disclose your personal information in accordance with the Australian Privacy Principles (APPs) set out in the Privacy Act 1988 (Cth).

2.2 WHAT PERSONAL INFORMATION DO WE COLLECT?

We may collect personal information from you, including but not limited to:

  • Your name
  • Email address
  • Billing address
  • Payment details (processed securely by third-party payment gateways, we do not store full credit card numbers)
  • IP address
  • Details of Products purchased
  • Information about your website usage (e.g., through cookies, analytics)
2.3 HOW WE COLLECT PERSONAL INFORMATION

We collect personal information when you:

  • Make a purchase on our website.
  • Register for an account.
  • Sign up for our newsletter.
  • Contact us via email or contact forms.
  • Interact with our website (via cookies and analytics tools).
2.4 WHY WE COLLECT PERSONAL INFORMATION (PURPOSES)

We collect personal information for the following purposes:

  • To process and fulfill your orders for Products.
  • To provide you with access to your purchased Products and account.
  • To communicate with you about your orders, Products, or inquiries.
  • To send you marketing communications (if you have opted-in).
  • To improve our website, Products, and customer service.
  • For internal record keeping and administrative purposes.
  • To comply with our legal obligations.
2.5 DISCLOSURE OF PERSONAL INFORMATION

We may disclose your personal information to third-party service providers who assist us in operating our business, including:

  • Payment gateways (e.g., PayPal, Stripe) for secure transaction processing.
  • Email marketing services
  • Website hosting providers
  • Analytics providers

These third parties are only provided with the personal information necessary to perform their specific services and are bound by confidentiality obligations. We do not sell or rent your personal information to third parties.

2.6 OVERSEAS DISCLOSURE

Some of our third-party service providers (e.g., email marketing platforms, cloud hosting) may be located outside of Australia (e.g., in the United States). By providing your personal information, you consent to your data being transferred to and stored in these overseas locations.

2.7 DATA SECURITY

We take reasonable steps to protect the personal information we hold from misuse, interference, loss, and unauthorized access, modification, or disclosure. We use secure servers, SSL encryption, and work with reputable third-party services that also employ strong security measures.

2.8 ACCESSING AND CORRECTING YOUR PERSONAL INFORMATION

You have a right to request access to the personal information we hold about you and to request that we correct any inaccuracies. Please contact us at [Your Support Email Address].

2.9 MARKETING COMMUNICATIONS & OPT-OUT

If you opt-in to our marketing communications, we may send you emails about new Products, promotions, or other news. You can unsubscribe at any time by clicking the “unsubscribe” link in the email or by contacting us.

2.10 COOKIES

Our website uses cookies to enhance your browsing experience, personalize content, and analyze website traffic. You can choose to accept or decline cookies through your browser settings.

2.11 CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time by posting the revised version on our website. We encourage you to review it periodically.

3. SUB MOTH WEBSITE DISCLAIMER
3.1 DISCLAIMER

The information provided on the SUB MOTH website (www.submoth.com) is for general informational purposes only. While we strive to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability, or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Through this website, you may be able to link to other websites which are not under the control of SUB MOTH. We have no control over the nature, content, and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

3.2 COPYRIGHT NOTICE

All content on this website, including text, graphics, logos, images, and audio, is the property of SUB MOTH or its content suppliers and is protected by Australian and international copyright laws. Unauthorized reproduction or distribution is strictly prohibited.