Terms of Use

Last updated 12 Sep

End User License Agreement

IMPORTANT — READ CAREFULLY: This End User License Agreement ("Agreement") is a legal agreement between you (either an individual or a single entity) and Ultra.Audio Limited (“Ultra”, “we”, “our”, “us”) for the software product “Ultra”, including any marketplace, website, associated media, "online" or electronic documentation ("Software").

This Agreement governs your use of the Software.

By installing, downloading, or otherwise using the Software, you agree to be bound by this Agreement. If you do not agree, you must not use the Software.

General Terms and Conditions

  1. GRANT OF LICENSE
    1. We grant you a perpetual, non-exclusive, non-transferable, revocable license to install and use the Software on any device that you own or control, solely for your personal or internal business use, subject to the terms of this Agreement.
    2. The software may be installed on multiple devices, but the software can only be activated on one device at any given time.
  2. RESTRICTIONS

    You may not:
    1. Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Software.
    2. Modify, adapt, translate, or create derivative works based on the Software.
    3. Rent, lease, lend, sell, redistribute, sublicense, or otherwise transfer the Software to any third party.
    4. Use the Software in any unlawful manner or for any illegal purpose under applicable laws.
    5. Circumvent or attempt to bypass any authentication, security, or licensing mechanisms.
    6. Use the Software in a way that could impair the operation of Ultra’s servers or networks.
    7. Take any action in connection with the Software that we consider in our sole discretion will or could bring us into disrepute.
  3. OWNERSHIP
    1. The Software is licensed, not sold.
    2. Ultra and its licensors retain all rights, title, and interest in and to the Software, including all intellectual property rights.
  4. TERMINATION
    1. This Agreement is effective until terminated.
    2. We may terminate your license immediately if you breach any term of this Agreement or engage in fraudulent, abusive, or illegal behaviour.
    3. Upon termination, you must stop all use of the Software and destroy all copies in your possession.
    4. No refunds will be given if your license is terminated for cause.
    5. Termination may result in your inability to access data, features, or services linked to your account.
  5. PAYMENT
    1. The Software is licensed on a one‑time payment basis.
    2. All payments are processed by third‑party payment processors; Ultra does not store your payment information.
    3. All sales are final and non‑refundable except as required by applicable law.
    4. Digital goods are non-refundable once downloaded except as required by applicable law.
  6. WARRANTY DISCLAIMER
    1. The Software is provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, either express or implied.
    2. We do not guarantee that the Software will be uninterrupted, error‑free, or that defects will be corrected.
    3. If our online services are unavailable or Ultra goes offline, some or all Software functionality may cease to operate.
    4. You assume all responsibility for your use of the Software.
    5. Ultra may modify, suspend, or discontinue any aspect of the Services at any time without liability to you.
    6. The Software requires online sign‑in to function, and certain features may not be available offline or in the event the the Ultra website is unavailable.
    7. Nothing in this Agreement excludes or limits any rights you may have under mandatory consumer protection laws in your country of residence. However, all statutory, contractual or implied limits on our liability available to us in your jurisdiction apply to our relationship and the Software.
  7. LIMITED LIABILITY
    1. To the maximum extent permitted by law, Ultra’s total liability to you will be limited to the amount you paid for the Software.
    2. In no event will Ultra be liable for indirect, incidental, consequential, special, punitive, or exemplary damages.
    3. You waive the right to participate in any class action or class‑wide arbitration against Ultra.
    4. We and our licensors are not liable for damages resulting from your use of the Patches or Sounds.
    5. All statutory, contractual or implied limits on our liability available to us in your jurisdiction that limit our liability to you, or anyone claiming through you, apply to any loss, cost or harm arising out of or in connection with our relationship, this Agreement and the Software.
  8. INDEMNITY
    1. You agree to indemnify, defend, and hold harmless Ultra, its directors, officers, employees, and affiliates from any claims, damages, liabilities, costs, and expenses arising from your breach of this Agreement or your Uploaded Sounds.
  9. REVISIONS
    1. Ultra may update or revise this Agreement at any time by posting a new version on our website or within the Software.
    2. Continued use of the Software after changes are posted constitutes your acceptance of the revised Agreement, subject to your rights under applicable law to reject unfair contract terms.
  10. ELIGIBILITY
    1. You must be at least 18 years old to use the Software.If you are under 18, you may only use the Software with the consent, supervision, and involvement of a parent or legal guardian who agrees to be bound by this Agreement on your behalf.
    2. By allowing a minor to use the Software, the parent or guardian agrees to be fully responsible for the minor’s use, including any payments, legal liability, and compliance with these terms.
    3. By using the Software, you confirm that you meet this requirement.
  11. GOVERNING LAW
    1. This Agreement, and any dispute or claim (including non‑contractual disputes or claims) arising out of or in connection with it, shall be governed by and construed in accordance with the laws of New Zealand, without regard to conflict of law principles.
    2. You agree that the courts of New Zealand shall have exclusive jurisdiction to settle any dispute or claim arising from or relating to this Agreement, the Software, or the ULTRA services.
    3. Before commencing legal proceedings, you agree to attempt to resolve the dispute in good faith by electronic communication with ULTRA. If no resolution is reached within 30 days of initial contact, either party may commence formal legal action.
    4. You waive any objection to New Zealand being an inconvenient forum for legal proceedings, and you agree not to bring or participate in any class action or class‑wide arbitration against ULTRA.
  12. PRIVACY & DATA PROTECTION
    1. We collect and process personal data as required to operate the Software and Services. Our processing of personal information is described in our Privacy Policy, which complies with:
      1. The New Zealand Privacy Act 2020
      2. The European Union and UK GDPR
      3. The California Consumer Privacy Act (CCPA) and other US state laws
      4. The Australian Privacy Act 1988 (Cth)
    2. By using the Software, you acknowledge that you have read our Privacy Policy. In jurisdictions where mandatory rights apply (e.g., GDPR data subject rights, CCPA opt-out rights), those rights are not excluded by this Agreement.
  13. ENTIRE AGREEMENT
    1. This Agreement constitutes the entire agreement between you and Ultra regarding the Software and supersedes all prior understandings, whether written or oral.

Sound Licensing Agreement

If you purchase or download Synthesiser presets or Audio Samples (“Sounds”) from the ULTRA marketplace, the following licensing terms apply in addition to this Agreement:

  1. SOUND LICENSE GRANT
    1. We grant you a non-exclusive, royalty-free, worldwide, perpetual license to use the Sounds subject to the Permitted Uses clause.
    2. The license includes commercial and non-commercial uses.
  2. PERMITTED USES

    You may:
    1. Use the Sounds in New Works - such as music, soundtracks, audiovisual productions, live performances, and other creative projects.
    2. Sell, stream, license, or otherwise commercially exploit the New Works containing the Sounds.
    3. Modify, process, or combine Sounds with other sounds as part of your New Works.
  3. PROHIBITED USES

    You must NOT:
    1. Distribute Sounds in isolation (e.g., via sample packs, sound libraries).
    2. Use them in any way that competes with our business or licensors.
    3. Claim ownership or exclusive rights over the Sounds.
    4. Use artist names, images, or likenesses without explicit written consent.
    5. Infringe third-party rights or violate laws with your usage.
  4. OWNERSHIP & RIGHTS
    1. You do not own the Sounds themselves; you are purchasing a license to use them under these terms.
    2. You own the copyright in New Works you create using the Sounds.
    3. You may sublicense your New Works to third parties (e.g., through record labels, publishers, or sync licensing agreements), provided the Sounds are incorporated into the New Works and are not distributed in isolation.
  5. ATTRIBUTION
    1. You are not required to credit Ultra, or the original Sound creator.
    2. Note: Other platforms (e.g., PROs or libraries) may require you to disclose Sample usage, even if royalty-free.
    3. You agree that we can provide the holder of moral rights with your contact information upon request.
    4. A proof of Sound license can be provided to you on request.
  6. SURVIVAL
    1. The Sound Licensing Agreement terms survive the termination of your ULTRA account and remain in effect for any Sounds you have licensed.
  7. NO WARRANTY
    1. Sounds are provided “AS IS” and “AS AVAILABLE”, without warranties of any kind, either express or implied, to the maximum extent permitted by law.
    2. Nothing in this Agreement excludes or limits any rights you may have under mandatory consumer protection laws in your country of residence. However, all statutory, contractual or implied limits on our liability available to us in your jurisdiction apply to our relationship and the Sounds provided through us.

Sound Uploading Agreement

If you upload Sounds (“Uploaded Sounds”) to the ULTRA Store for sale or distribution, the following additional terms apply.

  1. OWNERSHIP
    1. You retain full ownership of the Uploaded Sounds, including all copyrights and related rights.
    2. You do not transfer copyright ownership to Ultra by uploading Sounds to the ULTRA Store.
  2. LICENSE TO ULTRA
    1. By uploading Sounds to the ULTRA Store, you grant Ultra a worldwide, non‑exclusive, royalty‑free, sublicensable, and perpetual license to:
    2. Reproduce, distribute, transmit, publicly perform, and stream the Uploaded Sounds;
    3. Modify, encode, and adapt the Uploaded Sounds for technical compatibility, marketing, and promotional purposes;
    4. Make the Uploaded Sounds available for licensing to ULTRA users under the applicable Sound Licensing terms.
  3. LICENSE TO USERS
    1. You authorize us to license your Sounds to users of our service under our [Sound Licensing Agreement] or equivalent license terms, which may include:
    2. Royalty-free usage in musical, audiovisual, and interactive works
    3. Commercial and non-commercial useIrrevocable usage rights after download
  4. TERM AND REMOVAL
    1. The license granted under this agreement is perpetual but revocable by removing your Uploaded Sounds from the ULTRA Store.
    2. Ultra may remove or disable access to any Uploaded Sounds at any time and for any reason without prior notice, including in response to copyright complaints or suspected policy violations.
  5. COPYRIGHT RESPONSIBILITY
    1. You are solely responsible for ensuring that your Uploaded Sounds do not infringe the rights of any third party.
    2. You must only upload Sounds that you own outright or have all necessary licenses and permissions for.
    3. If Ultra receives a valid copyright complaint or legal demand, you agree that we may provide your contact details to the complaining party to facilitate resolution.
  6. PAYMENT TERMS
    1. You will receive a negotiated percentage of Net Sound Income from sales of your Uploaded Sounds. “Net Sound Income” means the gross amount received by Ultra for your Sounds, less payment processing fees, refunds, chargebacks, and taxes.
    2. Payments are issued quarterly and only when your accrued earnings exceed USD $50. Payments will be made via the payment method selected in your Ultra account.
    3. You agree to provide us with all information we might need to make payment including verified identification and other information to meet regulatory requirements. If you do not provide us with the information required for us to make payment, you accept that we will hold the funds without any obligation to earn interest or otherwise maintain the purchasing power of those funds.
    4. If we are unable to pay you the funds within a reasonable time as determined within the context of the law applying to your jurisdiction, we may treat the funds as unclaimed and pay them to such regulatory agency that is responsible for unclaimed money in your jurisdiction as we in our sole discretion consider appropriate. Upon such payment and to the extent permitted by the law applying to your jurisdiction, all obligations we have to you to make payment of the funds shall be irrevocably at an end.
  7. TAXES
    1. You are solely responsible for reporting and paying all taxes, duties, or other governmental charges related to your earnings.
    2. Ultra may request tax documentation (e.g., W‑9, W‑8BEN) before issuing payments as required by applicable law.
  8. SURVIVAL
    1. These Sound Uploading terms survive any termination of your ULTRA account and remain applicable to any Uploaded Sounds you provided while your account was active.

DMCA Policy

Digital Millennium Copyright Act (DMCA) Takedown Policy

We respect the intellectual property rights of others and expect our users to do the same. Pursuant to the Digital Millennium Copyright Act ("DMCA"), we have adopted the following policy concerning copyright infringement on our platform.

  1. COPYRIGHT & DMCA / INTERNATIONAL EQUIVALENTS
    1. Ultra operates as a platform provider and does not pre‑screen Uploaded Sounds for copyright compliance.
    2. Ultra complies with the Digital Millennium Copyright Act (DMCA) in the United States and equivalent legislation in other jurisdictions.
    3. We reserve the right to remove or disable access to any Uploaded Sounds in response to a valid takedown notice under applicable law.
  2. NOTIFICATION OF ALLEGED INFRINGEMENT

    If you are a copyright owner (or authorized to act on behalf of one) and believe that content hosted by Ultra.Audio infringes your rights, you may submit a DMCA takedown notice to our designated copyright agent.

    To be effective, your notice must include all of the following:
    1. A physical or electronic signature of the copyright owner or their authorized agent.
    2. Identification of the copyrighted work claimed to have been infringed.
    3. Identification of the infringing material and information reasonably sufficient to permit us to locate the material (e.g., URL or username).
    4. Your contact information, including name, address, telephone number, and email address.
    5. A statement that you have a good-faith belief the use of the material is not authorized by the copyright owner, its agent, or the law.
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
    7. Submit Your Notice To:
      DMCA Agent
      Ultra.Audio
      Email: copyright@ultra.audio
  3. COUNTER-NOTIFICATION

    If you believe your content was removed in error, you may file a counter-notice. It must contain:
    1. Your physical or electronic signature.
    2. Identification of the content removed and its location before removal.
    3. A statement under penalty of perjury that you believe the content was wrongly removed.
    4. Your contact information.
    5. A statement that you consent to the jurisdiction of the federal court in your district (or where your service provider is located) and that you will accept service of process from the original complainant.
    6. Upon receiving a valid counter-notice, we may restore the material unless we receive notice from the original complainant that legal action has been filed within 10 business days.
  4. REPEAT INFRINGERS
    1. Ultra may suspend or terminate the accounts of users who are repeat infringers of intellectual property rights, as determined in Ultra’s sole discretion. This includes users who receive multiple valid takedown notices or repeatedly upload infringing material.

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