Terms of Use

Please read these Terms. They are a binding agreement between you and David Muir Williamson, doing business as TEQHNE, a trade name registered in New Hampshire ("TEQHNE", "we", "us"). By creating an account, ticking the box when you sign in, listing, buying, or otherwise using TEQHNE at sequoiasynths.com/exchange (the "exchange"), you agree to these Terms, our Privacy Policy and our exchange rules. If you don't agree, don't use the exchange.

The short version: TEQHNE is a meeting place. Members sell their own plugin licenses to other members. We provide the website, hold the buyer's payment until the license has moved, and take a fee. We are not the seller, we don't own the licenses listed (except Sequoia's own products when Sequoia sells them), and we can't control what plugin makers allow. Section 15 includes an arbitration agreement and class action waiver that affects how disputes are resolved.

1. What TEQHNE is, and isn't
2. Who can use TEQHNE
3. Selling
4. Buying
5. How payment works, and what "guaranteed" means
6. Fees and taxes
7. Payouts to sellers
8. Things you must not do
9. What you post
10. Emails, deals and giveaways
11. Ending your account
12. Disclaimers
13. Limits on our liability
14. Disputes between members, and your promise to cover us
15. Resolving disputes with us: arbitration and class action waiver
16. Which law applies
17. The rest

1. What TEQHNE is, and isn't

TEQHNE is an online venue where members list, buy and sell pre-owned software licenses ("licenses") for audio plugins and related software. Each sale is a contract between the buyer and the seller. TEQHNE is not a party to that contract, is not the buyer or the seller, does not take ownership of any license, and is not an agent of either side.

We don't make, sell, support or warrant the plugins listed by members, except products made by Sequoia Synthesizers Co. Updates, installers, activation and technical support come from the company that makes the plugin (the "maker"), under the maker's own license agreement.

We are not a bank, escrow agent or money transmitter. Card payments and payouts are processed by our payment provider, Stripe, under Stripe's own terms.

2. Who can use TEQHNE

• You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract.
• You may have one account. The information you give us must be true and kept up to date.
• You sign in with links sent to your email, so you are responsible for keeping your email account secure and for everything done through your TEQHNE account.
• You may not use TEQHNE if we have closed your account, or if you are barred from receiving services under the laws that apply to you.

3. Selling

When you list a license, you promise that:

• you own it, it is fully paid for, and it is yours to sell;
• the maker allows it to be transferred or resold, and you will follow the maker's transfer process, rules and fees;
• it is not an NFR (not-for-resale), education, student, subscription, rent-to-own, trial, cracked, pirated, stolen or otherwise non-transferable license, and has not been sold or promised to anyone else;
• your listing is accurate and complete, and your photos, text and links are yours to use;
• once it's transferred, you will stop using it and will not keep, share or reactivate any copy.

You are solely responsible for your listings, for completing the transfer, and for your own taxes on what you sell. We may check, hold, edit for formatting, decline or remove any listing at any time, for any reason.

4. Buying

• You buy from the seller, not from TEQHNE. Before buying, read the listing and the maker's own transfer and license rules.
• Licenses are pre-owned and are sold as is. The maker decides compatibility, updates, upgrades, support, activation limits and whether a transfer is allowed, and makers can change their rules at any time. A maker may charge a transfer fee or refuse a transfer.
• Your plugin license is governed by the maker's license agreement, which you must accept and follow.

5. How payment works, and what "guaranteed" means

When a seller accepts your offer, you pay TEQHNE through Stripe. We hold the payment until the license has moved:

• Sequoia plugins are moved by Sequoia's license system. The seller is paid when the move is done.
• Other makers' plugins are transferred by the seller through the maker. The seller is paid when you confirm it works, or automatically 5 days after the seller marks it transferred if you haven't reported a problem.

When we say a license is guaranteed, we mean only this: if the license is not transferred to you, and you report it before the seller has been paid, you get a full refund of what you paid. That refund is your sole remedy and our entire responsibility for a sale. It is not a promise about how a plugin performs, sounds, or works with your computer, and it doesn't cover problems you report after the seller has been paid, or anything the maker does later.

If a sale isn't paid within 3 days of acceptance, it is cancelled. We may refund a buyer, cancel a sale, or hold or reverse a payout when we believe it's necessary, including for suspected fraud, a maker refusing the transfer, or a card dispute. Our decision on refunds and payouts is final, to the extent the law allows.

6. Fees and taxes

Listing is free. When a sale completes, TEQHNE keeps 8.5% of the sale price (15% for CROWNFIRE Heirloom seed transfers), deducted before the seller is paid. Fees are shown before you list and may change for future listings. Buyers pay a service and processing fee on top of the price, shown before they pay, which covers card and payout processing costs. The seller's share is the sale price minus TEQHNE's fee, and the processing fee doesn't come out of it. Sellers are responsible for their own income and other taxes. Where the law requires us to collect sales tax, VAT or similar taxes from buyers, we may add it at checkout.

7. Payouts to sellers

To be paid, a seller must set up a payout account with Stripe and accept Stripe's Connected Account Agreement. Stripe, not TEQHNE, checks your identity and holds your bank details. Payout timing depends on Stripe and your bank. We may delay or withhold a payout while a sale is under review, if a problem is reported, or if we believe the sale breaks these Terms.

8. Things you must not do

• Pay or ask to be paid outside TEQHNE, or try to avoid our fees.
• Sell anything you don't own or that can't be transferred, or sell the same license twice.
• Scam, mislead, harass, threaten or spam anyone, or post anything illegal, hateful or infringing.
• Share other people's personal information, or post contact or payment details in listings or messages.
• Use bots, scrapers or other automated tools, interfere with the exchange's security, or create accounts to get around a ban or limit.
• Break any law, or any maker's license agreement.

9. What you post

You keep ownership of your listings, photos and messages. You give TEQHNE a worldwide, royalty-free license to host, copy, display, resize and share them as needed to run and promote the exchange. We may remove anything at any time. Messages may be held and read by us to keep members safe.

10. Emails, deals and giveaways

We send emails needed to run your account and your sales (sign-in links, offers, payments, transfers). If you choose to join, we also send TEQHNE deals, freebies and giveaway news. You can unsubscribe from these any time with the link in every email; account emails continue while you have an account. Each giveaway or promotion has its own official rules, which control if they differ from these Terms. No purchase is necessary to enter, and giveaways are void where prohibited.

11. Ending your account

You can stop using TEQHNE and ask us to close your account at any time by emailing hello@teqhne.com. We may suspend or close any account, remove listings, or cancel sales at any time, with or without notice, if we believe it's needed to protect members, TEQHNE or the makers. Sections 1, 5 and 12 to 17 continue after your account ends.

12. Disclaimers

TO THE FULLEST EXTENT ALLOWED BY LAW, TEQHNE AND EVERYTHING ON IT ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DON'T WARRANT THAT ANY LISTING IS ACCURATE, THAT ANY MEMBER IS WHO THEY SAY, THAT ANY LICENSE WILL TRANSFER OR WORK, OR THAT THE EXCHANGE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. CROWNFIRE FOUNDING RING LICENSES AND HEIRLOOM SEEDS ARE SOFTWARE LICENSES, NOT INVESTMENTS; WE NEVER PROMISE THEY WILL KEEP OR GAIN VALUE.

13. Limits on our liability

TO THE FULLEST EXTENT ALLOWED BY LAW: (a) TEQHNE, SEQUOIA SYNTHESIZERS CO AND THEIR OWNERS, STAFF AND PARTNERS ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, MUSIC, PROJECTS OR GOODWILL; (b) WE ARE NOT LIABLE FOR ANYTHING DONE OR NOT DONE BY MEMBERS, MAKERS, STRIPE OR ANY OTHER THIRD PARTY; AND (c) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO TEQHNE IS LIMITED TO THE GREATER OF THE FEES TEQHNE RECEIVED FROM YOUR SALES IN THE 12 MONTHS BEFORE THE CLAIM, OR FIFTY US DOLLARS ($50), EXCEPT FOR ANY REFUND DUE TO A BUYER UNDER SECTION 5. THESE LIMITS APPLY TO EVERY KIND OF CLAIM, EVEN IF WE WERE TOLD THE DAMAGE WAS POSSIBLE. SOME PLACES DON'T ALLOW SOME OF THESE LIMITS, SO THEY APPLY TO YOU ONLY AS FAR AS THE LAW ALLOWS.

14. Disputes between members, and your promise to cover us

Disputes about a sale are between the buyer and the seller. We may help, but we don't have to. To the fullest extent allowed by law, you release TEQHNE, Sequoia Synthesizers Co and their owners, staff and partners from all claims, demands and damages, known and unknown, arising from disputes with other members or makers. If you live in California, you waive California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

You agree to defend, indemnify and hold harmless TEQHNE, Sequoia Synthesizers Co and their owners, staff and partners from any claim, loss, fine or cost (including reasonable lawyers' fees) arising from your listings, sales, purchases, content, use of TEQHNE, breach of these Terms, or breach of any law or anyone's rights, including a maker's license agreement.

15. Resolving disputes with us: arbitration and class action waiver

Talk to us first. Before filing any claim, email hello@teqhne.com with your name, your account email and what you want. We'll try to resolve it within 30 days.

Arbitration. If we can't resolve it, you and TEQHNE agree that any dispute arising from or relating to TEQHNE or these Terms will be decided by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, instead of in court, except that either side may bring an individual claim in small claims court. The Federal Arbitration Act governs this section. You and TEQHNE each give up the right to a jury trial and to take part in a class action, class arbitration or representative action.

Opting out. You may opt out of this arbitration agreement by emailing hello@teqhne.com within 30 days of first agreeing to these Terms, with the subject "Arbitration opt-out".

16. Which law applies

These Terms are governed by the laws of the State of New Hampshire, USA, and applicable US federal law, without regard to conflict-of-law rules. Any matter not subject to arbitration will be heard only in the state or federal courts located in New Hampshire, and you and TEQHNE agree to their jurisdiction.

17. The rest

• Changes. We may change these Terms. The date at the top shows the latest version, and you'll be asked to agree again the next time you sign in. If you keep using TEQHNE after a change, you accept it.
• Entire agreement. These Terms, the Privacy Policy and the exchange rules are the whole agreement between you and TEQHNE about the exchange.
• If part is unenforceable, the rest still applies, and that part is applied as fully as the law allows.
• No waiver. If we don't enforce something right away, we can still enforce it later.
• Transfer. You can't transfer your account or these Terms. We may transfer them, for example to a new company that runs TEQHNE.
• Things outside our control, like outages, makers' decisions or problems at Stripe, aren't our responsibility.
• Contact: hello@teqhne.com