Last updated on August 25, 2025
1. Preamble
1.1 STHA Audio (hereinafter referred to as "the Seller") designs and
distributes a service known as "HYBRID Preset" (hereinafter referred to
as "the Service"). The Service is provided to the Buyer in the form of a
digital file containing a license key.
1.2
Manufacturers of host products defined as compatible with the
Service are in no way contractually affiliated with STHA Audio, which
solely offers a service to customers for their products.
2. Acceptance
2.1 STHA Audio provides Buyers with information regarding products
and versions compatible with the Service on its homepage. It is the
Buyer’s responsibility to ensure that their hardware and software are
compatible with, and properly updated for, the operation of the Service.
2.2 The Buyer is responsible for providing STHA Audio with all
technical information necessary to process the order, specifically the
host name and MAC address of the hardware intended to host the Service.
Licenses generated based on inaccurate or incomplete information
supplied by the Buyer are not eligible for a full or partial refund.
2.3 Unless explicitly specified otherwise by STHA Audio, each license to the Service shall be deemed perpetual and without an expiration date.
3. Prices and Taxes
3.1 STHA Audio reserves the right to modify prices for future orders, subject to prior notice.
3.2
The prices stated are exclusive of VAT pursuant to the VAT exemption
regime applicable to the Seller under Article 293 B of the French
General Tax Code. Accordingly, VAT is not charged or payable. The Buyer
shall be solely responsible for all applicable duties, taxes, import
fees, and any other governmental charges imposed by the country of
destination of the products or services, and agrees to comply with all
applicable laws and regulations governing such payments.
4. Payments
4.1
Payment is due in full at the time of ordering. No credit or deferred
payment terms are available. Orders will only be processed upon receipt
of full payment.
4.2
Payments shall be made in the currency stipulated in the order.
5. Cancellation Cause
5.1 Given the nature of the service provided by STHA Audio, which
involves the delivery of a digital product, the Buyer must expressly
acknowledge at the time of purchase that they waive their right to
cancel or request a refund for the order once the license key has been
generated and made available to them, regardless of whether it has been
installed on their host software or not.
5.2 STHA Audio has a right to cancel any order in which the obligations have not been met and in which the Buyer has not replied in delays. The Buyer will have seven (7) calendar days from the date of
purchase to submit the required information to process the order.
6. Delivery
6.1 STHA Audio shall endeavor to generate licenses within several
hours after validated payment, without guaranteeing a fixed delivery
timeframe and depending on the Buyer’s geographic location.
6.2 The Buyer is responsible for supplying accurate delivery information, including a valid and accessible email address, through
which the license associated with the Service will be delivered either as an email
attachment or via an external download link..
7. Installation And Setup
7.1
The license granted for the Service is strictly tied to the specific hardware identified at the time of purchase.
Any modification, replacement, or change to those hardware components
which influence the license key may result in the suspension or
invalidation of the license. No compensation or refund shall be provided in the event of license
suspension, invalidation, or termination due to hardware changes or
violation of these terms.
7.2 STHA Audio expressly states that no consulting services are provided
under this agreement. This includes, without limitation, any advice,
recommendations, or guidance concerning the Buyer's technical strategy,
planning, or implementation.
7.3
STHA Audio disclaims all liability for any unavailability or downtime of
the host equipment occurring during update procedures deemed necessary
for the installation of the Service.
7.4 STHA Audio does not provide any host software for the proper
operation of the Service. The Buyer is responsible for obtaining it
from the network of resellers designated by the Manufacturer in accordance with the conditions established by Them.
7.5
STHA Audio expressly disclaims any liability for the Buyer’s failure to
provide the requisite technical conditions necessary for the effective
use of the Service. This includes, but is not limited to, any audio
quality degradation resulting from the use of insufficient quality
sources and/or the interaction between equipment and the product hosting
the "HYBRID Preset" service. The Client remains solely responsible for
ensuring such conditions are met.
8. Property Rights
8.1 The licenses provided by STHA Audio, including the ‘HYBRID
Preset’ license, grant the end user a non-transferable, non-exclusive
right to use the Service.
8.2 STHA Audio retains all intellectual property
rights to the concepts and configurations incorporated in its Service.
Under no circumstances does STHA Audio transfer ownership of any
intellectual property rights to the Buyer.
8.3 STHA Audio reserves the right to pursue legal action,
including criminal prosecution, against any attempts to infringe upon
its intellectual property, such as reverse engineering or hacking.
Furthermore, any publication intended to reproduce,
distribute, or use the Service in any manner not
expressly permitted by the Seller's Conditions Of Sale is strictly prohibited.
8.4 STHA Audio does not grant the Buyer any rights
to access or view the internal settings or configurations used as part
of the Service. By purchasing, the Buyer expressly waives any claim to
access, modify, or request disclosure of the settings used in the
‘Processing’ section within the host software.
8.5 The file formats and encryption used as delivery media for the Service, with the
exception of the intellectual property defined as the Service, remain
the exclusive property of their respective rights holders.
8.6
Omnia.9, Omnia.Enterprise 9s, Omnia.Tools, Omnia.PTN, Omnia.XE, and Z/IPStream 9X/2 are trademarks owned by TLS Corp.
9. Warranty
9.1 The Buyer is entitled to free updates for a period of two (2) years
from the date of the initial purchase of the Service, without any
extension in case of additional options purchased during the warranty
period. The availability of an update is announced on the STHA Audio
Seller’s website and communicated via email to Buyers. Upon expiration
of this two-year update period, STHA Audio may, at its discretion, offer
an extension of the update service according to the General Conditions
of Sale specified on its website. STHA Audio reserves the right to
determine the frequency and content of updates and does not disclose any
technical information pertaining to its intellectual property.
9.2 STHA Audio cannot guarantee the ongoing compatibility of
its Service with future host software updates, as this is
determined solely by the Manufacturer. While we strive to
provide the most accurate and up-to-date information regarding any known
incompatibilities. If the Buyer chooses
to upgrade or downgrade their software to any version incompatible with the 'Hybrid Preset' service, STHA Audio will not be
responsible for any resulting issues. In cases where
incompatibility arises due to such software changes, clients will not be
eligible for any refunds, whether partial or full.
9.3 STHA Audio Support is the only authorized point of contact for
any matters related to the HYBRID Preset. Host software support teams
should not be contacted regarding the HYBRID Preset, except for general
inquiries concerning the use of encrypted presets. STHA Audio cannot be
held responsible for any charges invoiced by third-party companies for
assistance with issues related to STHA Audio products and services.
10. Refunds
10.1 Refunds issued by STHA Audio shall not, under any
circumstances, bear or give rise to the payment of interest. This
applies regardless of the length of time between the original
transaction and the processing of the refund.
10.2 Any refunds shall be made exclusively in the currency in which the
corresponding sales invoice was originally issued, irrespective of any
exchange rate fluctuations or currency conversions that may occur
thereafter.
11. Force Majeure
11.1 Neither party shall be held liable for any failure or
delay in performing their obligations under these General Conditions Of Sale if such failure or delay is caused by events beyond their reasonable
control. These events include, but are not
limited to, natural disasters (fires, floods, earthquakes, storms),
epidemics or pandemics, wars, terrorism, civil disturbances, government
orders or restrictions, labor strikes, or failure of essential utilities
or transportation.
The affected party shall notify the other party as soon
as reasonably possible upon the occurrence of such an event and use
reasonable efforts to resume performance as soon as the circumstances
permit.
12. Limitation Of Liability
12.1 In no event shall STHA Audio be liable for any indirect, incidental,
special, consequential, or punitive damages, including but not limited
to loss of profits, loss of revenue, loss of data, business
interruption, or loss of goodwill, even if STHA Audio has been advised
of the possibility of such damages.
12.2 To the fullest extent permitted by applicable law, the total cumulative
liability of STHA Audio, whether in contract, tort (including
negligence), or otherwise arising out of or in connection with the
provision of the Services, shall in no circumstances exceed the total
amount actually paid by the Client to STHA Audio for the specific
Service giving rise to the claim.
12.3 If any provision of these General Conditions Of Sale is found to be
invalid or unenforceable, the remaining provisions shall remain in full
force and effect.
13. Dispute Resolution
13.1 In the event that an amicable settlement cannot be reached
between the Seller and the Buyer, any dispute relating to the
interpretation or execution of these Terms & Conditions shall be
submitted to the Commercial Court of Paris.