Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and Hermetic Modular LLC, a Washington limited liability company based in Seattle, King County, Washington (“Hermetic Modular,” “we,” “us,” or “our”). They govern your access to and use of hermeticmodular.com (the “Site”), our newsletter, and any products you purchase from us.

By using the Site, signing up for the newsletter, or placing an order, you accept these Terms. If you do not agree, do not use the Site or buy our products.

Hermetic Modular designs and sells Eurorack hardware modules, including the Alchemy Lab platform and its accompanying firmware (such as Echoa and Spagyros). The Alchemy SDK is open source and released separately under the MIT License at github.com/hermetic-modular; the SDK’s license, not these Terms, governs your use of the SDK source.

Product images, panel renders, and specifications on the Site are provided for general information. We may improve, change, or discontinue products and firmware at any time.

You must be at least 18 years old, or the age of majority in your jurisdiction, to place an order. By ordering, you represent that you are.

• Prices. All prices are shown in U.S. dollars and exclude applicable taxes and shipping unless stated otherwise. Taxes and shipping are calculated at checkout.
• Payment. Payments are processed by Stripe. By placing an order you agree to Stripe’s terms in addition to ours. We do not receive or store full payment-card information.
• Order acceptance. Your order is an offer to buy. We may accept or decline any order in our sole discretion, including for suspected fraud, stock shortages, product or price errors, or restrictions in the destination country. If we cannot accept your order, we will refund any payment received for it.
• Pricing errors. If a price is listed in error, we may cancel or correct the order even after confirmation and refund any amount overcharged.

• Where we ship. Direct online checkout currently ships to addresses in the United States only. International buyers should contact us for current availability or check our retailer list.
• Delivery estimates. Any ship dates or delivery windows on the Site are estimates, not guarantees.
• Title and risk of loss. Title and risk of loss for products pass to you when the carrier accepts the shipment from us.
• Customs and import. For shipments outside the United States, you are the importer of record and are responsible for any duties, taxes, and customs charges.

We accept returns of new, unused, undamaged products in their original packaging within 30 days of delivery. To start a return, email hello@hermeticmodular.com with your order number.

• You are responsible for return shipping costs unless the return is the result of our error or a defect.
• Products that show signs of installation damage, user modification, missing parts, or excessive wear may be refused or subject to a restocking fee.
• Once we receive and inspect the returned product, we will refund the purchase price to the original payment method. Original shipping charges are non-refundable.

Hermetic Modular warrants its hardware modules to be free from defects in materials and workmanship under normal use for one (1) year from the date of delivery to the original purchaser. This warranty is non-transferable.

What the warranty covers

• Component failures, manufacturing defects, and workmanship defects in the module as shipped.

What it does not cover

• Damage from improper power, reverse-polarity connections, or use outside the module’s published power specifications.
• Damage from accident, abuse, liquid, fire, or environmental conditions outside normal indoor use.
• Damage from user modification, repair, or installation of third-party firmware that exceeds the hardware’s safe operating limits.
• Normal cosmetic wear, including marks on the panel, knobs, and jacks.
• Loss of presets, user data, or compatibility with third-party software.

To make a warranty claim, email hello@hermeticmodular.com with proof of purchase and a description of the issue. Our sole obligation under this warranty is, at our option, to repair the product, replace it with an equivalent product, or refund the purchase price. Replacement products are warranted for the remainder of the original warranty period.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

• Bundled firmware. The first-party firmware shipped on our modules (including Echoa and Spagyros) is licensed, not sold, for use on Hermetic Modular hardware. You may use, update, and re-flash it on the module it was provided with.
• Alchemy SDK. The Alchemy SDK is open source and made available under the MIT License at github.com/hermetic-modular. Your use of the SDK is governed by that license, not by these Terms.
• User-flashed firmware. You may flash custom or third-party firmware onto your module at your own risk. Damage caused by user-flashed firmware that exceeds the hardware’s safe operating limits is not covered by the hardware warranty in Section 7.
• Updates. We may release firmware updates from time to time and may also discontinue updates for older products without notice.

You agree not to:

• Use the Site in violation of any applicable law or regulation.
• Attempt to gain unauthorized access to the Site, our accounts, or our service providers’ systems.
• Interfere with the Site’s operation, including by transmitting malicious code or running automated traffic that overloads our servers.
• Resell or redistribute products purchased from us for the purpose of counterfeiting, cloning, or misrepresenting their origin.
• Use our trademarks, brand, or product imagery in a way that suggests endorsement or affiliation without our written permission.

The Site, its content, our product designs, panel artwork, firmware, brand, logos, and trademarks are owned by Hermetic Modular or our licensors and are protected by intellectual property laws. Except for the Alchemy SDK (which is licensed under the MIT License) and except as expressly permitted by these Terms, no license is granted to you in any of our intellectual property.

If you send us suggestions, ideas, or feedback, you grant us a perpetual, worldwide, royalty-free, irrevocable license to use them in any way, without obligation to you.

EXCEPT FOR THE LIMITED HARDWARE WARRANTY IN SECTION 7, THE SITE, THE NEWSLETTER, THE FIRMWARE, AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SITE OR FIRMWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPATIBLE WITH ANY PARTICULAR HARDWARE, SOFTWARE, OR ELECTRICAL ENVIRONMENT.

TO THE FULLEST EXTENT PERMITTED BY LAW, HERMETIC MODULAR AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR ANY PRODUCT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR A PARTICULAR PRODUCT WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM IN THE TWELVE MONTHS BEFORE THE CLAIM AROSE, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Informal resolution first

Before starting an arbitration, you and Hermetic Modular agree to try to resolve any dispute informally for at least 60 days. You can begin by emailing hello@hermeticmodular.com with a written description of the dispute, your contact information, and the relief you seek.

Arbitration agreement

If the dispute is not resolved within 60 days, you and Hermetic Modular agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, the newsletter, or any product (a “Dispute”) will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, except as modified here. The arbitration will be conducted by a single arbitrator. The seat of arbitration will be King County, Washington, and the arbitration may be conducted in person, by telephone, by video, or based only on written submissions, at your election for claims under US$25,000.

The arbitrator has exclusive authority to resolve all threshold questions of arbitrability, including the scope, enforceability, and formation of this arbitration agreement. Judgment on the award may be entered in any court of competent jurisdiction.

Class action waiver

You and Hermetic Modular agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding. If a court decides that this class action waiver is unenforceable as to a particular claim or remedy, then that claim or remedy (and only that claim or remedy) must be brought in court, and all other claims will proceed in arbitration.

Exceptions

• Either party may bring an individual action in small-claims court for disputes within its jurisdiction.
• Either party may seek injunctive or other equitable relief in court to protect intellectual property rights.

These Terms and any Dispute are governed by the laws of the State of Washington, without regard to its conflict-of-laws rules. To the extent a Dispute is not subject to arbitration, you and Hermetic Modular agree to the exclusive jurisdiction and venue of the state and federal courts located in King County, Washington.

Our newsletter is informational. We send emails about new modules, firmware releases, and related product updates. There is no purchase obligation. You can unsubscribe at any time using the link in any email.

The Site uses third-party service providers, including Stripe (payments), Brevo (newsletter delivery), Lovable (newsletter connector), Cloudflare (hosting and security), Google Analytics, Meta Pixel, and Reddit Pixel. Your interactions with those services are governed by their terms and privacy policies. Links from the Site to third-party sites are provided for convenience; we are not responsible for those sites.

We may update these Terms from time to time. When we do, we will revise the “Effective” date at the top of this page. Your continued use of the Site after the update means you accept the revised Terms. Orders are governed by the Terms in effect at the time the order was placed.

• Entire agreement. These Terms, together with our Privacy Policy and any policies referenced in your order confirmation, are the entire agreement between you and Hermetic Modular regarding the Site and your purchases.
• Severability. If any provision is held unenforceable, the rest will remain in effect.
• No waiver. Our failure to enforce a provision is not a waiver of our right to enforce it later.
• Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a sale, merger, or reorganization.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including supply chain disruptions, carrier delays, fires, floods, or government actions.

Questions about these Terms can be sent to hello@hermeticmodular.com. A mailing address is available on request.