KICKANDBASS TERMS OF USE & END USER LICENSE AGREEMENT (EULA)

Last Updated: January 10, 2026

This Terms of Use & End User License Agreement (the “Agreement”) is a binding contract between you and The Power Company, Heavy Industries, LLC (“PCHI,” “we,” “us,” or “our”). It governs your access to and use of the KickAndBass audio software plugin and any related installers, updates, documentation, presets, and accompanying materials (collectively, the “Software”), as well as any PCHI websites or online properties that link to this Agreement (the “Site”).

By downloading, installing, accessing, purchasing, or using the Software or Site, you agree to this Agreement. If you do not agree, do not use the Software or Site.

1) Definitions

  • “Software” means KickAndBass and all related materials, including updates and documentation.

  • “You” means the individual or legal entity using the Software.

  • “Device” means a computer or system on which the Software is installed or used.

  • “License Key” means any serial, activation code, license file, account entitlement, or similar mechanism.

  • “Order” means your purchase transaction for the Software, if applicable.

2) Eligibility and Authority

You must be legally capable of entering into a binding contract to use the Software and Site. If you use the Software on behalf of an entity, you represent you have authority to bind that entity, and “you” includes that entity.

3) License Grant

Subject to your compliance with this Agreement and payment of any applicable fees, PCHI grants you a limited, non-exclusive, non-transferable, revocable license to install and use the Software solely for lawful personal or commercial music/audio production purposes.

Single-User / 2-Install License. Unless PCHI states otherwise in writing, each license permits use by one natural person (the “Licensed User”) on up to two (2) Devices owned or controlled by the Licensed User.

  • You may reinstall (e.g., after OS changes) within your two-device limit.

  • If you need to migrate devices and hit an activation limit, contact support (Section 12).

4) Restrictions

You may not, and may not permit others to:

  1. copy, reproduce, modify, translate, or create derivative works of the Software except as expressly allowed by applicable law;

  2. reverse engineer, decompile, disassemble, or attempt to derive source code, trade secrets, or underlying algorithms of the Software, except to the extent such restriction is prohibited by applicable law;

  3. bypass, disable, or circumvent license controls, activation checks, copy protection, or security features;

  4. rent, lease, lend, sell, sublicense, distribute, publish, or otherwise make the Software available to any third party (including sharing License Keys, installer access, or “plugin folders”);

  5. make the Software available in a hosted environment for third-party use (e.g., service bureau, time-sharing, public studio workstation access) without PCHI’s prior written permission;

  6. remove or alter proprietary notices in the Software or documentation.

5) No Transfers / No Resale

Your license is non-transferable. You may not transfer, assign, resell, or “give away” the license or any License Key.

6) Ownership; No Sale

The Software is licensed, not sold. PCHI (and its licensors, if any) retains all right, title, and interest in and to the Software, including all intellectual property rights. No rights are granted except as expressly stated in this Agreement.

7) User Content; Your Audio

PCHI does not claim ownership of music, audio, or project files you create using the Software. You retain all rights you have in your own content.

8) Site Terms (If Applicable)

When using the Site, you agree not to:

  • interfere with the Site’s operation or security,

  • scrape, probe, or attempt unauthorized access,

  • upload malware or abusive content,

  • violate any law or third-party rights.

9) Accounts, Activation, and License Keys

You are responsible for maintaining the confidentiality of your credentials and License Keys and for all activity associated with them. PCHI may suspend or terminate access if it reasonably believes there is fraud, abuse, key sharing, circumvention, or a material breach of this Agreement.

10) Updates and Changes

PCHI may provide updates, patches, or upgrades at its discretion. Some updates may be required to continue using certain features. PCHI may change or discontinue features or the Software, but will not be obligated to provide ongoing support, hosting, or compatibility with future operating systems or DAWs.

11) Limited Telemetry (Technical Data)

The Software may collect and transmit limited technical data such as: Software version, plugin format, operating system version, Device identifiers used for license enforcement, activation status, and crash/diagnostic logs. This data is used to improve stability, provide support, and prevent fraud. It is not intended to capture your audio, DAW project content, or personal creative material.

12) Support

Support is offered at PCHI’s discretion via: support@powercompany.industries. PCHI may change support availability and response practices over time.

13) Payments; All Sales Final; No Refunds

All sales are final. No refunds.

If the Software is sold as a digital good, you acknowledge that delivery can occur immediately upon purchase (e.g., via download/access/activation) and you agree that you will not be entitled to a refund.

Exception where required by law: Some jurisdictions provide mandatory consumer rights (including certain cancellation/withdrawal rights or remedies for defective digital goods). Nothing in this Agreement limits rights that cannot legally be waived.

If you purchase through a third-party reseller or marketplace, that reseller’s checkout terms may also apply; however, PCHI’s “no refunds” policy still applies to the maximum extent permitted by law.

14) Trials, Betas, and Pre-Release Builds (If Offered)

Trial, beta, “early access,” or “not-for-resale” versions may be time-limited, feature-limited, and may contain bugs. Such versions are provided AS IS and may be discontinued at any time.

15) Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SOFTWARE AND SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” PCHI DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. PCHI DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPATIBLE WITH ALL DAWS, PLUGIN HOSTS, SYSTEMS, OR HARDWARE CONFIGURATIONS.

16) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PCHI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SOFTWARE, SITE, OR THIS AGREEMENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PCHI’S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SOFTWARE WILL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

17) Indemnification

You agree to indemnify, defend, and hold harmless PCHI and its officers, directors, employees, contractors, and licensors from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your breach of this Agreement; (b) your unlawful use of the Software or Site; or (c) your infringement of third-party rights.

18) Termination

This Agreement is effective until terminated. PCHI may terminate or suspend your license immediately if you breach this Agreement. Upon termination, you must stop using the Software and delete all copies in your possession or control.

Sections that by their nature should survive will survive termination, including Sections 6, 13, 15–21.

19) Governing Law

This Agreement is governed by the laws of the State of Florida, USA, without regard to conflict-of-laws principles.

20) Disputes; Venue

Any dispute arising out of or relating to this Agreement or the Software will be brought exclusively in the state or federal courts located in Florida, and each party consents to personal jurisdiction and venue there.

21) Injunctive Relief

You acknowledge that unauthorized use, distribution, or circumvention of licensing may cause irreparable harm to PCHI for which monetary damages may be insufficient. PCHI may seek injunctive or equitable relief in addition to other remedies.

22) Export Controls

You may not use, export, or re-export the Software except as authorized by applicable export control laws and regulations.

23) Changes to This Agreement

PCHI may update this Agreement from time to time. The “Last Updated” date indicates when it was last revised. If you continue to use the Software or Site after changes become effective, you accept the revised Agreement.

24) Contact

The Power Company, Heavy Industries, LLC

Email: brandon@powercompany.industries

Website: powercompany.industries