Terms of service

END USER LICENSE AGREEMENT

Last Updated: July 2026

IMPORTANT - READ CAREFULLY BEFORE INSTALLING OR USING THIS SOFTWARE.

This End User License Agreement ("Agreement") is a legally binding contract between you ("Licensee," "you," or "your") and Mercurial Tones AB, a Swedish limited company ("Licensor," "we," "us," or "our"), governing your use of Mercurial Tones Hub, including all associated files, libraries, documentation, and updates (collectively, the "Software"), and your use of Sounds (as defined in Section 4) obtained through the Software.

By installing, copying, or otherwise using the Software, or by downloading Sounds through the Software, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this Agreement. If you do not agree to these terms, do not install or use the Software and promptly delete all copies in your possession.

1. GRANT OF LICENSE

1.1. Subject to the terms of this Agreement, the Licensor grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software to access, install, update, and manage Mercurial Tones products.

1.2. You may install and use the Software on multiple computers or devices, provided that all such installations are for your own personal use and that you are the sole operator of the Software on each device. This license is granted to you as an individual, not per device.

1.3. This license does not constitute a sale of the Software or any copy thereof. The Licensor retains all right, title, and interest in and to the Software, including all intellectual property rights therein.

2. RESTRICTIONS

2.1. You shall NOT:

(a) Copy, reproduce, distribute, publish, display, sublicense, lease, rent, lend, or otherwise transfer the Software or any portion thereof to any third party;
(b) Modify, adapt, translate, reverse engineer, decompile, disassemble, or create derivative works based on the Software, in whole or in part;
(c) Remove, alter, or obscure any copyright notice, trademark, or other proprietary rights notice affixed to or contained within the Software;
(d) Use the Software to develop a competing product or service;
(e) Circumvent, disable, or otherwise interfere with any license verification, copy protection, digital rights management, download guardrail, or account security mechanism incorporated into the Software;
(f) Share, publish, or otherwise disclose your license key, serial number, activation credentials, or account credentials to any third party;
(g) Use the Software in any manner that violates applicable local, national, or international law or regulation.

3. INTELLECTUAL PROPERTY

3.1. The Software and all copies thereof are the intellectual property of and are owned by Mercurial Tones AB. The structure, organization, source code, and design of the Software are trade secrets and confidential information of the Licensor.

3.2. Audio output produced by the Licensee using Mercurial Tones products is owned by the Licensee. This Agreement does not claim any rights over musical works, recordings, or other creative content produced using Mercurial Tones products.

4. SOUNDS AND SAMPLE CONTENT LICENSE

4.1. "Sounds" means audio samples, loops, one-shots, drum hits, sound effects, synthesizer presets, MIDI files, and any other audio or musical content made available for download through the Software (including the Sounds store), whether obtained free of charge, with credits, or by purchase.

4.2. Subject to your compliance with this Agreement, the Licensor grants you a non-exclusive, non-transferable, worldwide, royalty-free, perpetual license to use, modify, and combine Sounds with other sounds or material to create new musical compositions, recordings, performances, or audiovisual works (each a "New Work"), for commercial and non-commercial purposes. You may reproduce, distribute, publicly perform, sublicense, and otherwise exploit Sounds solely as embodied in a New Work. No attribution or credit to the Licensor is required.

4.3. You shall NOT:

(a) Use, distribute, sell, sublicense, share, or otherwise make available any Sound in isolation (that is, other than as embodied in a New Work), whether or not modified, including as a standalone sample, loop, one-shot, sound effect, preset, or MIDI file;
(b) Include any Sound, in whole or in part and whether or not modified, in any sample pack, preset pack, sound library, sampler instrument, or other product or service that is competitive with the Licensor or its licensors;
(c) Use any Sound as source or training material for any artificial intelligence or machine learning model, system, or dataset;
(d) Register any Sound, in isolation, with any content identification or fingerprinting system (such as YouTube Content ID), or claim ownership of any Sound other than as embodied in a New Work;
(e) Transfer, resell, or share your account, credits, or access to Sounds with any third party.

4.4. Sounds are licensed, not sold. The Licensor and its licensors retain all right, title, and interest in and to the Sounds, including all intellectual property rights therein. The license granted in this Section 4 is non-exclusive: other users may license and use the same Sounds.

4.5. Preview and audition streams of Sounds are provided for evaluation purposes only and may not be recorded, extracted, or used in any work.

4.6. The license granted in Section 4.2 to Sounds you have lawfully downloaded is perpetual and survives cancellation or closure of your account, except that it terminates automatically if you breach this Section 4. Continued access to the Software, the Sounds catalog, and re-downloads of previously obtained Sounds is not guaranteed after your account is closed.

5. NO REFUND POLICY

5.1. All sales of Mercurial Tones products are final. Due to the digital nature of the products, no refunds, returns, exchanges, or cancellations will be issued after purchase, regardless of the reason.

5.2. We encourage you to review all product descriptions, system requirements, and available demo materials before making a purchase.

6. UPDATES AND SUPPORT

6.1. The Licensor may, at its sole discretion, provide updates, patches, or new versions of the Software. Such updates may be provided free of charge or may require additional payment, at the Licensor's discretion.

6.2. The Licensor is under no obligation to provide technical support, maintenance, updates, or upgrades for the Software.

6.3. The Licensor may revise this Agreement from time to time. The current version of this Agreement is available at https://shop.mercurialtones.com/policies/terms-of-service. Your continued use of the Software, or your downloading of Sounds, after a revised Agreement is posted constitutes your acceptance of the revised Agreement.

7. DISCLAIMER OF WARRANTIES

7.1. THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.

7.3. THE LICENSOR DOES NOT WARRANT THAT THE SOFTWARE WILL BE COMPATIBLE WITH ANY SPECIFIC HARDWARE, OPERATING SYSTEM, DIGITAL AUDIO WORKSTATION, OR THIRD-PARTY SOFTWARE.

7.4. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SOFTWARE.

8. LIMITATION OF LIABILITY

8.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE LICENSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SOFTWARE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY, EVEN IF THE LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2. IN NO EVENT SHALL THE LICENSOR'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SOFTWARE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SOFTWARE.

9. TERMINATION

9.1. This Agreement is effective until terminated. Your rights under this Agreement will terminate automatically without notice from the Licensor if you fail to comply with any term or condition of this Agreement.

9.2. Upon termination, you shall immediately cease all use of the Software and destroy all copies, full or partial, of the Software in your possession or control. The license to lawfully downloaded Sounds survives termination as set out in Section 4.6, unless termination results from your breach of Section 4.

9.3. Sections 3, 4, 5, 7, 8, 10, and 11 shall survive termination of this Agreement.

10. GOVERNING LAW AND DISPUTE RESOLUTION

10.1. This Agreement shall be governed by and construed in accordance with the laws of Sweden, without regard to its conflict of laws principles.

10.2. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Sweden.

11. GENERAL PROVISIONS

11.1. This Agreement constitutes the entire agreement between you and the Licensor with respect to the Software and supersedes all prior or contemporaneous understandings, communications, or agreements, whether written or oral.

11.2. If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

11.3. The failure of the Licensor to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

11.4. You may not assign or transfer this Agreement or any rights granted hereunder without the prior written consent of the Licensor. The Licensor may assign this Agreement without restriction.

11.5. Any notices required or permitted under this Agreement shall be delivered to the Licensor at: contact@mercurialtones.com.