Terms & Conditions

Last Updated: July 5, 2026

These Terms and Conditions ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you", "user", "licensee"), and FreqElement, a brand owned and operated by Captain Apex LTD (Company No. 17321678), a company registered in the United Kingdom ("Company", "we", "us", or "our"), concerning your access to and use of the FreqElement.comwebsite (the "Website"), as well as any other media form, media channel, mobile website, or desktop application related, linked, or otherwise connected thereto (collectively, the "Services").

By accessing the Website or using our Services, you agree that you have read, understood, and agreed to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Website and Services, and you must discontinue use immediately.

1. AGREEMENT TO TERMS

The Services are intended for users who are not minors. By accessing or using the Services, you warrant that you have the legal capacity to enter into these Terms and are of legal age in your jurisdiction.

2. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Website and Services—including all source code, databases, functionality, software, audio, video, text, photographs, graphics, and logos on the Website (collectively, the "Content") and the trademarks and service marks contained therein (the "Marks")—are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other intellectual property laws.

Except as expressly provided in these Terms or an applicable End-User License Agreement (EULA), no part of the Website, Services, Content, or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

3. USER REPRESENTATIONS AND ACCOUNTS

By using the Website, you represent and warrant that:

  1. All registration information you submit will be true, accurate, current, and complete.
  2. You will maintain the accuracy of such information and promptly update it as necessary.
  3. You have the legal capacity and you agree to comply with these Terms.
  4. You are not a minor in the jurisdiction in which you reside.
  5. You will not access the Website through automated or non-human means, whether through a bot, script, or otherwise.
  6. You will not use the Website for any illegal or unauthorized purpose.

If you choose to create an account, you are solely responsible for maintaining the confidentiality of your account credentials (username and password) and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account.

4. SOFTWARE LICENSING & END-USER LICENSE AGREEMENT (EULA)

Any professional audio software, plugins, or applications downloaded from the Website or delivered via license keys are subject to the terms of the FreqElement End-User License Agreement (EULA).

  • Purchasing or downloading software does not transfer ownership of the software to you; rather, it grants you a limited, non-exclusive, non-transferable license to use it under the terms specified in the EULA.
  • In the event of a conflict between these Terms and the EULA regarding software usage, the EULA shall take precedence.

5. PURCHASES AND PAYMENT

We use third-party payment processors and/or Merchants of Record (such as Paddle or FastSpring) to handle transactions, billing, invoicing, and global sales tax compliance.

  • Transaction Terms: By making a purchase through the Website, you agree to the terms of sale presented by our Merchant of Record at the checkout screen.
  • Pricing: We reserve the right to change prices for our software products at any time without notice.
  • Correction of Errors: We reserve the right to correct any errors or mistakes in pricing, even if payment has already been requested or received.

6. REFUND AND CANCELLATION POLICY

Because our software products are delivered digitally via immediate download and license key generation, all sales are final.

  • Strict No-Refunds: Once a software license key has been generated or a download has commenced, we do not offer refunds, exchanges, or cancellations, except as required by local consumer protection laws.
  • EEA/UK Consumers: If you are located in the European Union or United Kingdom, you agree that by purchasing digital content, you explicitly consent to immediate performance of the contract and acknowledge that you lose your standard 14-day statutory right of withdrawal once the download or license key generation has begun.

7. PROHIBITED ACTIVITIES

You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Website, you agree not to:

  1. Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  2. Circumvent, disable, or otherwise interfere with security-related features of the Website or features that prevent or restrict the use or copying of any Content.
  3. Use the Website or software to engage in reverse engineering, decompiling, or attempting to extract source code or assets.
  4. Engage in unauthorized framing of or linking to the Website.
  5. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other malicious code.
  6. Use any automated system, including without limitation, scrapers, robots, spiders, or offline readers to access the Website.

8. TERM AND TERMINATION

These Terms shall remain in full force and effect while you use the Website. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE AND SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION.

9. DISCLAIMERS AND LIMITATION OF LIABILITY

THE WEBSITE AND SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, SYSTEM INSTABILITY, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. GOVERNING LAW

These Terms and your use of the Website are governed by and construed in accordance with the laws of England and Wales, without regard to conflict of law principles. Any dispute arising out of these terms shall be resolved exclusively in the courts of England.

11. CONTACT US

In order to resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at:

Email: legal@freqelement.com

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