Terms of Service

These terms cover freshavlabs.com and the products sold under the Fresh AV Labs name by Fresh AV Labs LLC ("Fresh AV Labs", "we", "us"). Fresh AV Labs is based in Pittsburgh, Pennsylvania. They apply to your use of the site and to what you buy. Hardware terms become part of your order when you accept them at checkout. A plugin bought on its own is also governed by the terms Stripe presents at checkout, as explained below. If you buy for an organization, you confirm that you have authority to agree to these terms for it.

Two kinds of product are sold here, Q-SYS plugins and hardware bridges, and they have two different sellers. Which one you are buying decides who takes your payment, who issues the receipt, and who handles a refund. A plugin included with hardware counts as hardware in this table.

Plugins

Who sells them

A plugin bought on its own is sold by Stripe. Stripe is the merchant of record for the sale and acts through its Link service, so at checkout, on your receipt and on your card statement the seller appears as Link. Stripe takes the payment, collects any sales tax, VAT or GST, and issues the receipt. A plugin included with hardware is licensed by Fresh AV Labs with that hardware, see Hardware.

The purchase of a plugin bought on its own is governed by the terms Stripe presents at checkout and by Link's terms. Your use of that plugin is governed by the license terms below, which are Fresh AV Labs' terms, not Stripe's.

The license

A license for a plugin bought on its own is a code issued for one Q-SYS Core, identified by its Locking ID. We grant you a non-exclusive license to install the plugin and use it on that Core. The license does not expire and needs no renewal. There is no subscription.

Each license is for one Core. One license covers every instance of that plugin in the design running on that Core. A redundant Core pair needs two licenses, one for each Core's Locking ID.

You may install the plugin file on as many machines as you like. Without a license code the plugin runs a 10-minute demo, so you can test it in your design before you buy.

Issued means we have generated a code for a Locking ID on your order. If you give a Locking ID at checkout, that happens as soon as Stripe reports the order paid. If you do not, we email you a link to supply it later, and the license stays unissued until you do. On an order with more than one license, each license is issued against its own Locking ID. Once issued, a code cannot be recalled. It keeps working on that Core even if the order is later refunded. That fact sets the refund policy, see Plugin refunds.

The plugin software is copyright Fresh AV Labs. You may not redistribute the plugin file, resell or share license codes, or remove or bypass the licensing. You may not reverse engineer the plugin, except where the law expressly permits it. The license is not transferable except as described in the next section. If you break these restrictions the license ends. The code cannot be disabled, but any further use is unlicensed. We do not promise that a plugin will work with every future Q-SYS release.

Replacement Cores, transfers and lost codes

If your Core is replaced under its own warranty or RMA, we issue a code for the replacement Core's Locking ID at no charge. Contact us with the order number, both Locking IDs, and the RMA or warranty paperwork.

Moving a license to a different Core for any other reason, such as a new venue or a hardware refresh, is at our discretion. Ask through the contact form and we decide case by case.

A lost code is looked up from the order record at no charge, once we have confirmed that you are the purchaser.

Hardware

Who sells it

Hardware is sold by Fresh AV Labs, and Stripe processes the payment. Your receipt comes from Fresh AV Labs. The Fresh AV Labs software embedded in each hardware unit is licensed for use only with that unit. You may not copy it off the unit, redistribute it, or reverse engineer it, except where the law expressly permits. Open-source components in the unit stay under their own licenses. Prices are in US dollars, and sales tax is added at checkout where we are required to collect it.

We ship to addresses in the United States only. If your organization is exempt from sales tax, read Tax-exempt purchases before you order.

A plugin included with hardware, such as A2Q with the A2Q Bridge, is licensed to that unit at no separate charge, not to a Core. We grant you a non-exclusive license to use it only with that unit. The Core-locking rules, the Core transfer rules and the plugin refund rule do not apply to it. The copyright, redistribution and reverse-engineering restrictions of the plugin license do. We do not promise it will work with every future Q-SYS release. The included plugin is part of the unit and is covered by the limited warranty with it. If the unit is returned for a refund, its license ends. If we replace the unit under warranty, the license moves to the replacement.

Shipping

Orders ship from Pittsburgh, Pennsylvania by a tracked carrier service. Shipping cost and the estimated transit time are shown at checkout before you pay. You receive the tracking number by email when the order ships. Delivery date means the date the carrier records delivery, and risk of loss passes to you then.

If a shipment arrives damaged, tell us within 30 calendar days of delivery. We replace it or refund it, at your choice, and we handle the carrier claim. You do not pay to return a damaged unit. If tracking has not shown delivery within 30 calendar days of the carrier's estimated delivery date, tell us. If the carrier gives no estimate, count from the ship date. We replace or refund the order, at your choice. A report made in time is honored even if our reply runs past it.

We are not responsible for delays caused by events beyond our reasonable control. That does not limit your return, refund or warranty rights.

Limited warranty

This is a limited warranty. Fresh AV Labs warrants each hardware unit against defects in materials and workmanship for one year from the delivery date. Any software we supply with a unit, including an included plugin, is warranted for the same year against defects that stop it working as described. The measure is the product page as it read when you ordered. If a unit fails under normal use in that year, we repair it or replace it, at our choice, within a reasonable time. The same applies if its software fails that way. A replacement may be new or refurbished. A repaired or replaced unit is covered for the rest of the original year. The warranty covers the original purchaser and anyone the purchaser installs the unit for.

To make a claim, contact us with the order number, or the purchaser's name and email, and a description of the fault. We confirm or decline the defect within a reasonable time, from your description and any checks we ask you to run. A claim made within the year is honored even if our reply runs past it. For a confirmed defect we send a prepaid return label and pay shipping both ways.

Within the return window you may instead choose a refund or a replacement for a defective unit. After the window, repair or replacement is the only remedy for a covered defect. If you report a defect within the year and we cannot repair or replace the unit within a reasonable time, we refund it. Return the unit on our prepaid label. The refund is the price paid, the original shipping charge and the tax on both. We pay it to the purchaser within 10 business days of receiving the unit.

The warranty does not cover damage caused by accidents, water, power surges, modification, misuse, or software you loaded that we did not supply. It also does not cover use outside the specifications on the product page when you ordered. An unrelated defect stays covered.

This warranty gives you specific legal rights, and you may have other rights that vary by state.

Refunds and returns

Our Refund Policy is part of these terms. It says when a plugin license can be refunded and how hardware is returned.

Plugins

A plugin license is refundable until its code has been issued. The full rule, and how to request a refund, is in the Refund Policy.

Hardware

Hardware can be returned within 30 calendar days of delivery. The conditions and the refund timing are in the Refund Policy.

Tax-exempt purchases

Tax is calculated and charged at checkout. If your organization is exempt from sales tax, contact us through the contact form or by email to [email protected] before you buy, with your exemption certificate. We will tell you whether we can sell to you without tax. Stripe cannot remove tax at checkout from a plugin bought on its own. Tax charged at checkout is not refunded on its own. You may instead ask us to cancel the order, and the Refund Policy decides whether it can be.

Support and updates

Product support for plugins and hardware is from Fresh AV Labs through the contact form, whoever sold you the product. We answer by email and do not offer a support agreement or a response-time guarantee.

A license for a plugin bought on its own includes the updates we publish for that plugin. A hardware unit includes the updates we publish for it and for any included plugin. Updates are published on the product page.

Disclaimer and limitation of liability

A plugin bought on its own is provided as is, without implied warranties of merchantability or fitness for a particular purpose. For hardware, including any plugin included with it, the limited warranty above is the only express warranty we give. Any implied warranty on hardware lasts only as long as that one-year warranty, where the law allows that limit. Product pages describe the products. They are not additional warranties, except where the limited warranty refers to them.

We do not warrant that a plugin or a bridge meets every requirement of your design, or runs without interruption or error.

Our total liability for all claims connected with a product, taken together, is limited to the amount you paid for that product. An included plugin is part of its unit for this purpose. For a claim connected with a product you paid nothing for, our liability is limited to 100 US dollars. The same limit applies to a claim connected with this site and not with a product. Nothing in this section cuts back the limited warranty. We are not liable for indirect or consequential loss, including lost revenue, downtime, or the cost of substitute equipment. These limits apply even if a remedy fails of its essential purpose, where the law allows.

These limits do not apply where the law does not let us limit liability, such as personal injury caused by a defective product. Some jurisdictions do not allow these disclaimers or limits. Where that is the case, they apply to the extent the law allows. For a plugin bought on its own, Stripe's liability to you as merchant of record is set out in the terms Stripe presents at checkout.

Governing law

These terms are governed by the laws of the Commonwealth of Pennsylvania, United States. This choice of law does not remove consumer protections that apply where you live and cannot be waived. Disputes under these terms go to the state or federal courts serving Allegheny County, Pennsylvania, unless the law gives you another forum. The terms Stripe presents at checkout carry their own governing-law clause for the purchase transaction itself. You may not buy or use our products where United States export or sanctions law forbids it.

If part of these terms is unenforceable, the rest still applies. The terms Stripe presents at checkout govern the purchase of a plugin bought on its own. Apart from those, these terms and your receipt are the whole agreement for what you buy. We may transfer these terms to a successor of the business.

Changes to these terms

We may update these terms. The date at the top changes when we do, and we post changes on this page. Changes apply to site use and to orders placed after that date. They do not change a completed order.

Contact

Questions about a license, an order, a return, or these terms go through the contact form. How we handle personal information collected on this site is on the privacy page. Stripe handles checkout data under its own privacy policy.