Any person or entity (hereinafter referred to as “You” or “Your”, “User” or “Users”) visiting, using or otherwise accessing the website at www.euphoricwave.com (hereinafter referred to as the “Website”) or any of the information contained in the Website agrees to and is bound by the following Terms of Service of this agreement. Our Terms of Service govern all use of our Service and together with the Privacy Policy (“Privacy Policy”) constitutes your agreement with us (“Agreement”).

  1. Introduction
  2. This Website, www.euphoricwave.com, together with all its products, data, and other materials contained in this Website (“Content”) is owned or controlled by Euphoric Wave with its principal place of business at Wilhelminalaan 174, 2625 KK Delft, The Netherlands with VAT number: NL002424414B12 and File number: 72233885 (hereinafter referred to as “us”, “we”, “our”).

  3. Personal Data
  4. Any personal information provided by will be treated with utmost care and security in accordance with our Privacy Policy available here: https://www.euphoricwave.com/privacy-policy

  5. Registration
  6. Registration with the Website is not mandatory before you can download or purchase any Products or services. The process of purchasing our Products can be executed without registration. However, if you choose to register with this Website, you must:
    1. Agree to the User License Agreement of this Website;
    2. Agree to the Privacy Policy of this Website;
    3. Agree to keep your password secure and confidential and not allow any person other than you to use your access credentials to gain access to this Website;
    4. Agree not to do anything which would assist anyone who is not a Registered User of this website to gain access to any secured area of this Website;
    5. Agree to not to create additional registration accounts for the purpose of abusing the functionality of this Website, or of other Users, or to seek to pass yourself off as another User.
    Account Registration is optional. If you choose to register with us then you will be required to provide your name, email address, and payment details. It is essential that you provide a correct billing address. We cannot be held accountable if you do not receive your Download links due to you submitting an incorrect email address. If you do not receive your download links within 1 (one) hour of requesting a download or executing a purchase, then please contact us.

  7. Your Information
  8. If you provide any information to the Website, you agree to provide only true, accurate and complete information to us and/or the Website. Any personal information provided by Users will be treated with appropriate care and security. By registering with the Website and accepting these Terms of Service, you are also accepting and agreeing to our Privacy Policy.

  9. Website Use
  10. This Website is intended only for the purposes specified on the Website. Use of this Website and/or the Content is entirely at your own risk. Please note that, whilst we endeavour to provide and host accurate and useful information, the Content may be inaccurate and is subject to change, often at very short notice. All Content is provided without any representations or warranties of any kind, either express or implied, to the extent permitted by applicable law and is not intended as specific commercial or legal advice. Euphoric Wave does not represent or warrant that the Website or the Content will be accurate, up-to-date, complete, or free of defects, including without limitation to harmful elements. Euphoric Wave recommends that you activate a virus scan on downloaded files and that you always keep a backup copy of your hard drive contents.

  11. Content on the Website
  12. This Website is intended only for the purposes specified on the Website and use of the Website and/or all content contained within the Website (“Content”) is entirely at your own risk. Euphoric Wave does not represent or warrant that the Website or the Content will be accurate, up-to-date, complete or free of defects. Whilst we always do our best to avoid it, some products may sometimes remain advertised on the Website even when no longer available. If you encounter or become aware of any objectionable content posted anywhere on the Website, please report such material and the specific page on which it is found to contact@euphoricwave.com.

  13. Purchasing Products
  14. All Loops, Sample packs, Preset packs, MIDI packs, Templates, and other Products purchased from or through Euphoric Wave (“Products”) are for your own personal use only and must not be shared with or given or transferred to any third party or uploaded to any file sharing site or offered for resale or public transmission unless mixed into your own original music productions. Euphoric Wave offers a streaming service to allow you to preview certain Products. You may not record, store, or otherwise use any such streamed Content other than to listen to and preview the selections offered from time to time. When the contract for a purchase comes in force.  Our acceptance of your order will take place when we email you to accept it, or at the time we make the relevant Products available to you, whichever is the earlier, at which point a contract will come into existence between you and Euphoric Wave. The contract between you and Euphoric Wave for the purchase of Products is formed in each case only when we accept your payment and make such Products(s) available for you to download and/or delivery. The Downloads we sell are Products in digital format that are transferred from our server(s) direct to your computer. After you have paid for your Products, you will receive an email containing your Download links. When you click these links, it will send you back to our site where you can download your Product(s) instantly. Download Links are valid for 72 hours, however all your purchases and downloads from the Website are available to access on the ‘My Account’ page of this Website.

  15. Your Use of Products
  16. All Products including but not limited to Loops, Sample packs, Preset packs, MIDI packs, Templates are sold subject to the terms of the license for use granted by us (“User License Agreement”). The terms for use for purchased and/or downloaded loops and/or samples are:
    1. Commercial License under the User License Agreement grants you the right to use the downloaded and/or purchased loops and/or samples in performances, integrated within your original mixed music productions, in physical or online releases, as promos, as snippets, as jingles, etc. The Commercial License further grants the right to alter and change the purchased loops and/or samples while no additional fee or royalty is required for such use.
    2. Educational License under the User License Agreement does not grant you the right to use the downloaded and/or purchased loops and/or samples in performances, integrated within your original mixed music productions, in physical or online releases, as promos, as snippets, as jingles, etc. The Educational License further restricts the right to alter and change the purchased loops and/or samples. No additional fee or royalty is required.
    You agree and acknowledge that Euphoric Wave has a proprietary interest in all sound recordings on or within the Website and that any use by you that frustrates the purpose of this Agreement or circumvents the revenue model of Euphoric Wave including without limitation selling, renting, or otherwise using or distributing un-integrated Content would likely cause irreparable loss to Euphoric Wave in a way that could not be adequately compensated by damages. Please note that any Digital Content supplied to you is licensed to you, rather than sold, and that your use of that Digital Content is subject to our standard license terms available here: https://www.euphoricwave.com/user-license-agreement/

  17. Pricing and Payments
  18. You may pay for any purchased items using any of our approved debit or credit cards or one of our approved e-money providers. All prices are stated in Euros and are valid until altered by Euphoric Wave by posting new or varied prices on the Website. Prices indicated for Products on the Website are inclusive of VAT. In the event that you order Products and the price published on the Website was incorrect we will contact you to let you know the correct price and ask you whether you still wish us to fulfil your order at the correct price. You agree and acknowledge that currency rates change daily and that any exchange rate quoted on the Site is merely a representation of a recent currency rate and that you will be charged according to the actual rate at the applicable time.

  19. Content Ownership
  20. Euphoric Wave, unless stated otherwise, owns or controls all relevant rights on the Website and the Content. You may not distribute, extract, publish, reproduce, or re-utilise any part of this Website or its Contents in any form, including but not limited to storing it in any medium, other than as expressly allowed herein. All Products and services obtained from or through Euphoric Waves are for personal use only and must not be shared with any third-party or uploaded to any file sharing website or offered for resale or public transmission unless mixed into your own original music productions. Automated or other electronically assisted software for downloading, other than that as provided by Euphoric Waves, may not be used in conjunction with this Website in any way and use of any such software is expressly prohibited. The content is subject to change at any time and Euphoric Wave gives no express warranty or guarantee that any particular item of Content will be available at any given time (or at all).

  21. Refund Policy
  22. Euphoric Wave firmly affirms that our Products and your satisfaction with them is of utmost importance to us. However, since our Products are digital goods that are delivered via the Internet, as a general policy we offer no refunds. Please make sure when you are making a purchase that it is what you want, as mistakes cannot be seen as a reason for refunds.

  23. Featured Links
  24. The Website may display or refer to links to other websites from time to time. Euphoric Wave:
    1. Does not endorse nor takes responsibility for the content of such websites;
    2. Is not responsible for the availability of such websites;
    3. Will not be liable in any way for any loss or damage which you may suffer by using such websites.
    If you decide to access linked websites, you do so at your own risk. Any other website may link to our Website, provided it links only to the homepage, does not imply any endorsement of its products or services by Euphoric Wave, does not misrepresent its relationship with or present false information about Euphoric Wave, does not infringe any intellectual property or other right of any person and complies with all relevant laws and regulations. Please note, however, that Euphoric Wave reserves the right to withdraw such permission at any time and to take any other appropriate action.

  25. Unauthorised Interference
  26. You agree not to make any untoward attempts to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively referred to as “Interference”) with the Website in any manner. You agree to pay any damages incurred to Euphoric Waves, if you interfere with the Website in any manner whatsoever. Euphoric Wave will cooperate with the authorities in prosecuting any User who Interferes with the Website or otherwise attempts to defraud Euphoric Wave or any other parties through User’s use of the Website or services provided via the Website. Euphoric Wave reserves the right to deny any or all access or service to any User for any reason, at any time, at our sole discretion. User agrees that we may block User’s Internet Protocol (“IP”) address or addresses at any time, and at our sole discretion disallow User’s continued use of the Website without giving any form of advance notice. We reserve the right to take any action as we may deem appropriate in our sole discretion with respect to violations or enforcement of the terms of this agreement, and we expressly reserve all rights and remedies available to us at law or in equity.

  27. Complaints
  28. If you believe that you are the owner of the copyright or other rights in any material(s) appearing on Euphoric Wave, and/or that ownership of the copyright or other rights in any material has been incorrectly used or represented on Euphoric Wave, please contact us via email at: contact@euphoricwave.com or via post at: Wilhelminalaan 174, 2625 KK Delft, The Netherlands.

  29. Trademark
  30. The brands, products and service names used on this Website (including without limitation, “Euphoric Wave”) is the trademark or trade names of Euphoric Wave or its trading partners unless otherwise stated. You may not distribute products or offer services under or by reference to or otherwise use or reproduce any such trademarks, trade names or taglines without the prior written permission of Euphoric Wave.

  31. Indemnification
  32. User hereby agrees to indemnify Euphoric Wave, and all of its agents, employees, and representatives against any and all damage, liability, and loss, as well as legal fees and costs incurred, as a result of the Products and services rendered under this Agreement, or any transaction or matter connected with the Services or the relationship between User and Euphoric Wave. This clause shall not be read to provide indemnification for any Party in the event that a competent court of law, rendering a final judgment, holds that the bad faith, gross negligence, or willful misconduct of the Party caused the damage, liability, or loss.

  33. Severability
  34. If any provision or term of this Agreement is held to be unenforceable, then this Agreement will be deemed amended to the extent necessary to render the otherwise unenforceable provision, and the rest of the Agreement, valid and enforceable. If a court declines to amend this Agreement as provided herein, the invalidity or unenforceability of any provision of this Agreement shall not affect the validity or enforceability of the remaining terms and provisions, which shall be enforced as if the offending term or provision had not been included in this Agreement.

  35. Intellectual Property
  36. All Products, Services, MP3 Demos, Materials, Artwork, Graphics, Text, Interfaces, Logos, Images and Photographs on this website are owned or licensed to Euphoric Wave and protected by copyright and intellectual property rights laws.

  37. Liability
  38. User agrees that the liability of Euphoric Wave to User under this Agreement shall be limited to the amount User has actually paid to Euphoric Wave for its Products or services. Except as set out herein, we do not accept any liability for any indirect or consequential loss of any kind in contract, tort or otherwise arising out of your use of this Website or in relation to the goods and/or services that we provide. Nothing in this Agreement shall operate to limit or exclude liability for death or personal injury caused by negligence of Euphoric Wave. All claims against Euphoric Wave must be brought within 6 (six) months after the cause of action arises and User waives any statute of limitations which might apply by operation of law or otherwise.

  39. Disclaimer
  40. All services and contents of the Website are provided without any representations or warranties of any kind, either implied or express, to the extent permitted by applicable laws. Euphoric Wave cannot be held responsible for damage to any equipment, hardware or software arising from the use of any Products or any type of data files downloaded from the Euphoric Wave Website. Euphoric Wave cannot be held responsible for any such injury or damage resulting from Products downloaded from the Euphoric Wave Website. Playing sounds at excessive volumes could cause damage to your ears.  Whilst we make all possible efforts to ensure all our files are virus free, Euphoric Wave recommends that Users to activate a virus scan on files downloaded onto their computers. Euphoric Wave also recommends that you keep a backup copy of your hard drive contents at all times.

  41. Termination of the Agreement
  42. The obligations and liabilities of the parties incurred prior to termination shall survive the termination of this agreement for all purposes. This Agreement is effective unless terminated by either you or Euphoric Wave. You may terminate this Agreement at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed to comply with any provision of this Agreement, we may terminate this Agreement at any time without any notice and you will remain liable for all amounts due up to and including the date of termination and/or accordingly may deny you the access to our services or any part thereof.

  43. Relationship of Parties
  44. You acknowledge that your use of the Website and/or its content does not constitute a partnership, joint venture, agency relationship or otherwise between you and Euphoric Wave.

  45. Changes to this Agreement
  46. These Terms of Service may be changed without prior notice, and any such amendment will be applicable to all Users from the date and time such revised terms have been posted on the Website. User’s continued use of the Website or services constitutes agreement with and acceptance of any such amendment or other changes.

  47. Governing Law
  48. This Agreement shall be governed in all respects by the laws of Netherlands. The User consents to jurisdiction under the courts within Netherlands. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature.

  49. Entire Agreement
  50. The failure on our part to exercise or enforce any rights or provisions of this Agreement shall not constitute a waiver of such rights or provisions. These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Service constitutes the entire Agreement and understanding between you and Euphoric Wave and further governs your use of this Website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Euphoric Wave, including but not limited to, any prior versions of Terms of Service. Any ambiguities in the interpretation of these Terms of Service shall not be construed against Euphoric Wave.

  51. Contact Us
  52. If you have any questions or queries about these Terms of Service, you can contact us at contact@euphoricwave.com