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Legal

Version 1.0 · Effective November 4, 2026

Aphelion Terms of Service

Last Updated Date: November 4, 2026

These Terms of Service (these "Terms") are a binding agreement between you ("you" or "your") and Aphelion LLC d/b/a Aphelion, a Georgia limited liability company ("we," "us," or "our"). They govern your use of our websites, including aphelion.music (the "Sites"); your Aphelion account (your "Account"); and our licensing service, which activates and checks licenses for our applications (the "Licensing Service"). The Sites, your Account and the Licensing Service are together the "Services." By creating an Account, you accept these Terms. If you use the Sites without an Account, these Terms govern that use. If you do not agree with these Terms, do not use the Services.

These Terms do not license our software. Your use of our software is governed by our license agreement, and your purchase of it by the buyer terms of Lemon Squeezy, which sells our products (Section 4).

Any revision of these Terms takes effect as of its "Last Updated Date," subject to the notice requirements in Section 12. Your continued use of the Services after a revision takes effect constitutes your acceptance of it.

Capitalized terms defined in these Terms, including "Sites," "Account," "Licensing Service" and "Services," have the same meaning wherever they appear.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

IF YOU LIVE IN THE UNITED STATES, THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS (SECTION 11.3).

BY USING THE SERVICES, YOU AFFIRM THAT YOU MEET THE AGE REQUIREMENT IN SECTION 1.1, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS. IF YOU USE THE SERVICES ON BEHALF OF AN ORGANIZATION, YOU AFFIRM THAT YOU HAVE THE LEGAL AUTHORITY TO BIND IT TO THESE TERMS.

YOU MAY NOT USE THE SERVICES IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) DO NOT MEET THE AGE REQUIREMENT IN SECTION 1.1, OR (C) ARE PROHIBITED FROM USING THEM BY APPLICABLE LAW.

1. Eligibility and Acceptance

1.1 Age. You must be at least sixteen (16) years old, or older where the law where you live requires it, to create an Account.

1.2 Organizations. A studio, a school or a company may hold an Account. If you open an Account for an organization, you represent that you are authorized to bind it to these Terms, and the organization is responsible for all activity under its Account. A license bought on an organization's Account is used by the one person the organization names as its user, as our license agreement explains, and the organization may change that person when someone leaves.

1.3 Acceptance. You accept these Terms by creating an Account, or by continuing to use the Services after these Terms take effect or are revised as described in Section 12.

2. The Services

2.1 What they are. The Sites describe our products, deliver our downloads and host our free browser tools, Pretzel and Daub. Your Account holds your licenses and makes your downloads available. The Licensing Service activates licenses for our applications and, for subscriptions and trials, checks them. Our plug-ins do not use the Licensing Service at all; the facts for each product say which applies.

2.2 Availability of the Licensing Service. We do not promise that the Licensing Service will always be available. If it cannot be reached:

  • (a) an application already activated with a perpetual license keeps working, because a perpetual license does not check in on a schedule;
  • (b) a subscription keeps working and tries again the next time you open the application, and moves to a read-only state only after thirty (30) days without a successful check; and
  • (c) activating on a new computer may have to wait, or you can activate offline, by taking a request file to a connected computer and bringing a signed license file back.

Nothing about the Licensing Service ever stops you opening, playing or exporting work you have already made.

2.3 Changes to the Sites. We may add, change, suspend or remove any part of the Sites at any time. Your rights in software you have bought are set by our license agreement, not by these Terms.

3. Your Account

3.1 Security. Keep your sign-in details to yourself, or, for an organization's Account, to the people authorized to use it, and tell us promptly if you think someone else has used your Account.

3.2 Closing your Account. You may close your Account at any time in your Account settings, or by asking us. Closing it does not take away a perpetual license you bought: the license survives, and we will restore your access to it if you contact us. A subscription ends at the close of the period you have already paid for. We keep a minimal record of each purchase after an Account is closed, because we need it to honor your licenses, to meet our tax and accounting obligations, and to deal with any dispute; our privacy policy explains what we keep.

3.3 Suspension or closure by us. We may suspend or close an Account that is used to get around the controls on paid downloads, to download in bulk by automated means, to resell or share access to our products, or to interfere with the Sites or the Licensing Service. We will give reasonable notice where practicable, and may act without prior notice where necessary to protect the Services, comply with law, or respond to a security threat. Suspending or closing an Account never disables a license you have already been issued. We disable a license only in the cases our license agreement lists: a refund, a chargeback against it that succeeds, or a license key we know has been leaked.

4. Purchases

4.1 Lemon Squeezy sells our products. Our products are sold by Lemon Squeezy (Sold through Link, LLC), our merchant of record. When you buy, your contract of sale is with Lemon Squeezy, under its buyer terms (https://www.lemonsqueezy.com/buyer-terms): it takes your payment and handles billing, tax, invoicing and your receipt.

4.2 What you get from us. You get a license to use the product, under our license agreement and the facts for that product. You receive it through your Account, where your licenses appear and your downloads become available once your purchase completes. Our refund policy says when we refund; Lemon Squeezy may also decide a refund itself.

5. Using the Services

5.1 Prohibited conduct. You will not, and will not permit or assist anyone else to:

  • (a) get around the controls on paid downloads, or any other access control, rate limit or technical measure protecting the Services;
  • (b) download from or scrape the Sites in bulk by automated means;
  • (c) resell or share access to our products;
  • (d) interfere with the Sites or the Licensing Service, or place an unreasonable load on them;
  • (e) try to reach any account, data or system that is not yours; or
  • (f) use the Services to break the law or to infringe anyone's rights.

6. Content and Intellectual Property

6.1 Our content. The Sites and their content, including text, images, renders, video, software and design, are our property or our licensors' property and are protected by intellectual-property and other laws. All rights not expressly granted in these Terms are reserved.

6.2 Linking, quoting and press. You are welcome to link to any page of the Sites and to quote short passages from them. If you are writing about our products, ask us for our press kit: it comes with images and text you may use in editorial coverage.

6.3 Trademarks. "Aphelion," "aphelion.music," the names of our products and our logos are our trademarks. All other names and marks on the Sites belong to their owners, are used for identification only, and do not imply any affiliation with or endorsement by them.

6.4 Pretzel and Daub. Our free browser tools run entirely in your browser. What you make with them, including palettes and mixes, is yours, and we claim no rights in it.

6.5 Suggestions and ideas. We welcome them, on these terms. What you send us is not confidential. We have no obligation to review, answer, keep or pay for it. We may already be working on something similar, or may develop it independently. You grant us a free, perpetual, irrevocable and worldwide license to use any intellectual property in it, without credit, and you waive any claim arising from our use of it. This covers suggestions only: what you make with our software stays yours, as our license agreement says.

7. Third-Party Services

7.1 Services we do not control. The Services link to and work with services run by others, including Lemon Squeezy's checkout and Google sign-in. We do not control them and are not responsible for their content, availability or practices. Your dealings with them are between you and them, under their own terms.

8. Disclaimers

8.1 No warranties. EXCEPT AS OUR LICENSE AGREEMENT PROVIDES FOR OUR SOFTWARE, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY AND AVAILABILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

8.2 Jurisdictional limits. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. THIS SECTION DOES NOT AFFECT THE RIGHTS IN SECTION 10.

9. Limitation of Liability

9.1 Excluded damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR ANY OF OUR OWNERS, MANAGERS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS OR REVENUES, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) ON WHICH THE CLAIM IS BASED.

9.2 Aggregate cap. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS, REGARDLESS OF THE FORM OF ACTION, WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100). CLAIMS ABOUT OUR SOFTWARE ARE GOVERNED BY OUR LICENSE AGREEMENT, INCLUDING ITS LIMITS ON LIABILITY.

9.3 Application. Sections 9.1 and 9.2 apply only to the extent permitted by law. They do not limit our liability for death or personal injury caused by our negligence, for fraud, or for our gross negligence or willful misconduct.

9.4 Essential basis. THE DISCLAIMERS IN SECTION 8 AND THE LIMITATIONS IN THIS SECTION 9 ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND US. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

10. Your Rights as a Consumer

Nothing in these Terms limits any right you have under the consumer law of the country where you live that cannot be limited by agreement. If you live in the EU, the EEA or the UK, you may bring a claim in the courts where you live. If you are a consumer in Australia, the consumer guarantees under the Australian Consumer Law cannot be excluded, and the limits in Section 9 do not apply to them.

11. Governing Law and Disputes

11.1 Governing law. These Terms, and all matters arising out of or relating to them or to the Services, are governed by the internal laws of the State of Georgia, without giving effect to any choice or conflict of law provision or rule that would cause the laws of any other jurisdiction to apply. This choice of law does not deprive you of the mandatory protections of the law of the place where you live (Section 10).

11.2 Tell us first. Before starting an arbitration or a court case, tell us about the dispute in writing, by email or by post to the addresses in Section 13.3, and give us thirty (30) days to try to resolve it with you.

11.3 Arbitration, if you live in the United States. This Section 11.3 applies if you live in the United States.

YOU AND WE ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.

ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THE SERVICES OR THESE TERMS, THAT IS NOT RESOLVED UNDER SECTION 11.2, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.

The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules, or its Commercial Arbitration Rules where you act for a business, and its Mass Arbitration Supplementary Rules (together, the "AAA Rules") then in effect, except as modified by this Section 11.3. The AAA Rules are available at www.adr.org. The Federal Arbitration Act governs the interpretation and enforcement of this Section 11.3.

The arbitrator has exclusive authority to resolve any dispute about the arbitrability or enforceability of this Section 11.3, including any claim that it is unconscionable, void, voidable or otherwise invalid. The arbitrator may grant whatever relief would be available in court under law or in equity. Any award is final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

Either you or we may instead take a claim to small-claims court, if it is within that court's jurisdiction. Any arbitration or small-claims proceeding is limited to your individual dispute.

Notwithstanding anything else in this Section 11.3, we may seek injunctive or other equitable relief for any breach of these Terms by you in any court of competent jurisdiction.

You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR WE WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION, OR OTHERWISE TO PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of representative or class proceeding. The arbitrator has no power to consider the enforceability of this class arbitration waiver, and any challenge to it may be raised only in a court of competent jurisdiction.

If any provision of this Section 11.3 is found unenforceable, that provision will be severed and the rest of this Section 11.3 enforced.

11.4 Courts. If you do not live in the United States, or where Section 11.3 does not apply or is not enforced, any dispute not resolved under Section 11.2 is brought in the state and federal courts located in Fulton County, Georgia, or in the United States District Court for the Northern District of Georgia, Atlanta Division, and you and we submit to the exclusive jurisdiction of those courts, except where Section 10 gives you the right to bring a claim where you live. If you live outside the United States, you do not give up the right to join a class action.

12. Changes to These Terms

12.1 Notice of changes. We may revise these Terms. If a revision is material, we will post it on the Sites and tell you, by email or with a notice when you next sign in, at least thirty (30) days before it takes effect, and will state the new effective date. Other revisions may be made by posting the revised Terms with a new "Last Updated Date."

12.2 Acceptance. Your continued use of the Services after a revision takes effect is acceptance of the revised Terms. If you do not agree, your remedy is to stop using the Services and to close your Account before the revision takes effect.

12.3 Your licenses are not affected. A revision never alters the license for a product you have already bought, which stays governed by the license agreement in force when you bought it. Every version of these Terms is kept at https://aphelion.music/legal.

13. Notices and Electronic Communications

13.1 To you. We may give you notices, including notices under Section 12, by email to the address on your Account or through the Services. You consent to receive communications from us electronically, and you agree that electronic notices satisfy any legal requirement that they be in writing. You may withdraw that consent by contacting us, but because the Services operate online, withdrawing it may limit your ability to use them.

13.2 Marketing email. We send marketing email only to people who have agreed to receive it, and every marketing email lets you unsubscribe. Messages about your Account, your purchases and your licenses are not marketing.

13.3 To us. Send notices to us by email to contact [at] aphelion [dot] music and, where these Terms or applicable law require notice in writing, also by post to Aphelion LLC, PO Box 5241, Atlanta, GA 31107-0241, United States. You can also reach a person through our contact page at https://aphelion.music/contact.

14. How These Terms Fit with Our Other Documents

Each document governs its own subject. Our license agreement governs our software, including the facts for each product. Lemon Squeezy's buyer terms govern your purchase, and our refund policy says when we refund. These Terms govern the Sites, your Account and the Licensing Service. Where these Terms and the license agreement both touch our software, the license agreement governs. Open-source and open-content licenses govern their own components. Our privacy policy explains how we handle personal data; it is a notice, not part of these Terms.

15. Miscellaneous

15.1 Entire agreement. These Terms are the entire agreement between you and us about the Services, and replace any earlier agreement about them. The documents named in Section 14 govern their own subjects.

15.2 Severability. If any provision of these Terms is held invalid, illegal, void or unenforceable, it will be enforced to the maximum extent permissible, and to the extent it cannot be, it will be severed from these Terms without affecting the validity or enforceability of the remaining provisions, which remain in effect.

15.3 No waiver. Our failure to enforce any right or provision of these Terms is not a waiver of it. A waiver is effective only if it is in writing and signed by one of our authorized representatives.

15.4 Assignment. You may not assign or delegate your rights or obligations under these Terms, or your Account, without our prior written consent, and any attempt to do so is void. This does not limit your right to transfer a perpetual license under our license agreement. We may assign these Terms in connection with a merger, acquisition, reorganization or sale of assets, or by operation of law.

15.5 Force majeure. We are not liable for any failure or delay in performing under these Terms to the extent it is caused by circumstances beyond our reasonable control, including acts of God, flood, fire, earthquake, explosion, governmental action, war, terrorism, riot or civil unrest, epidemic, strikes or other labor disputes, and outages of telecommunications, power, hosting or payment infrastructure.

15.6 Headings. Headings are for convenience only.

15.7 Survival. Sections 3.2, 6, 8, 9, 10, 11, 13, 14 and 15 survive the closing of your Account and the end of these Terms.

Contact: Aphelion LLC d/b/a Aphelion, PO Box 5241, Atlanta, GA 31107-0241, United States. Email: contact [at] aphelion [dot] music.