Terms

These terms govern your purchase, download, and use of Capture, the macOS audio software from The Fifth Kingdom. By buying or using it, you agree to them.

1 · Introduction and acceptance

These terms and conditions govern your purchase, download, and use of the macOS audio software Capture (the standalone application and its audio plugins), provided by The Fifth Kingdom — a division of Autonomic Engineering, operated by Liam Blackburn as a sole trader in the United Kingdom ("we", "us", "our").

By purchasing, downloading, installing, or using the software, you agree to be bound by these terms. If you do not agree, do not purchase or use the software. If you are purchasing on behalf of an organisation, you confirm you have authority to bind it to these terms.

2 · The software and licence granted

The software is a digital product consisting of:

• a standalone desktop audio application for macOS on Apple Silicon; and
• audio plugins in VST3, AU (Audio Units), and CLAP formats that integrate with compatible host applications.

The software is described at t5k.fm. Minimum system requirements are macOS 14.2 or later on Apple Silicon (M-series) Macs. The software is not compatible with Intel Macs or non-Apple hardware.

Subject to your compliance with these terms, we grant you a personal, worldwide, non-exclusive, non-transferable perpetual licence to download, install, and use the standalone application on computers you own or control, for your own personal or business purposes, and to use the VST3, AU, and CLAP plugins within compatible hosts on Apple Silicon Macs. This licence does not transfer ownership: we (or our licensors) retain all rights, title, and interest in the software. Each separate user or organisation must purchase its own licence; you may not share your licence key.

3 · Restrictions

You must not:

• copy, modify, or create derivative works of the software, except as expressly permitted by law;
• reverse-engineer, decompile, or disassemble the software, except where applicable law permits despite this restriction;
• rent, license, sell, resell, or redistribute the software or your licence key;
• remove or alter any copyright or other proprietary notices;
• use the software for any unlawful purpose, or use the plugins to bypass licensing or activation mechanisms in host applications.

4 · Payments, pricing, and tax

You are purchasing a one-time perpetual licence. Payment is processed by Stripe, which acts as the merchant of record for your purchase: Stripe is the seller of record for the transaction, collects payment, and determines and collects any applicable VAT or sales tax. Prices are shown at checkout in pounds sterling (GBP) and are inclusive of any tax Stripe determines is due for your location. Your card details are entered on Stripe's hosted checkout and are never received or stored by us; your use of checkout is also subject to Stripe's terms.

The price payable is the one displayed at the time of purchase. Prices may change, but changes do not apply to orders already placed. A licence covers the version line of the software available at the time of purchase; future major versions or modules may be offered separately unless we state otherwise.

5 · Delivery

Products are delivered digitally. After a successful purchase we issue your licence and email it to you, with a link to your account at t5k.fm. You sign in there with a one-time link to download the application. There is no physical shipment.

6 · Refunds and cancellations

The software is digital content supplied immediately. The following applies in addition to your statutory rights:

• Before download. If you have not yet downloaded or accessed the software, you may cancel and request a full refund within 14 days by emailing support@t5k.fm.
• After download. Under UK consumer law the 14-day right to cancel is lost once download or access begins, where you have expressly consented to immediate supply and acknowledged losing that right. By downloading or activating Capture you give that consent, so we do not offer change-of-mind refunds after download has begun.
• Compatibility. We do not refund where the software is functional but does not run because it is used on Intel or non-Apple hardware, on macOS older than 14.2, or due to your host application, configuration, or other factors outside our control — unless the software was misdescribed as to compatibility.
• Incomplete downloads. We do not refund where the order completed but your download did not, due to your equipment or network, unless required by law.

Refunds, where granted, are issued through Stripe to your original payment method, and the associated licence is revoked.

7 · Faulty or misdescribed software

If you believe the software is faulty, misdescribed, or not functioning as described (as a standalone app or as VST3/AU/CLAP plugins), contact us at support@t5k.fm within 30 days of purchase, with details and — where possible — error messages, screenshots, your macOS version, and host-application details. We will investigate and, where appropriate, offer a repair, replacement, or refund as required by law. Issues caused by your hardware, operating system, host application, third-party software, or network are not faults of the software.

8 · Your statutory rights

Nothing in these terms affects your non-excludable rights as a consumer. Under the Consumer Rights Act 2015, digital content we supply must be of satisfactory quality, fit for purpose, and as described; if it is not, you may be entitled to a repair, replacement, or refund.

9 · Intellectual property

The software — including all code, user interface, documentation, graphics, and presets — is protected by copyright and other intellectual-property laws, owned by us or our licensors. These terms grant only the licence described above and transfer no ownership. You may not use our trademarks, brand names, or logos to promote your own products or services without our prior written permission.

10 · Privacy

We process limited personal data — principally your email address and purchase record — to deliver the software, run your account, provide support, and meet legal obligations. How we handle that data, who it is shared with, and your rights are set out in our Privacy Policy.

11 · Warranties and liability

To the fullest extent permitted by law, the software is provided on an "as is" and "as available" basis; we do not guarantee it will be uninterrupted or error-free. We do not exclude or limit liability for death or personal injury caused by our negligence, for fraud, or for any liability that cannot lawfully be excluded. Subject to that, our total liability for any claim relating to the software is limited to the amount you paid for it, and we are not responsible for loss arising from use outside these terms, from incompatible hardware or hosts, or from third-party software or services.

12 · Termination

We may suspend or terminate your licence if you breach these terms, if we cease providing the software, or where required by law. On termination you must stop using the software and delete the copies you hold, except where the law requires you to keep them. If we discontinue the software you will not be entitled to a refund unless the law requires one.

13 · Changes

We may update the software or these terms. The version of these terms in force is the one published here at the time of your purchase, and the "last updated" date above reflects the most recent revision. Significant changes will be notified where appropriate.

14 · Governing law

These terms are governed by the laws of England and Wales, and you submit to the jurisdiction of its courts — except where applicable consumer law gives you the right to bring proceedings in your home country.

15 · Contact