Terms of Service

1. Acceptance, Eligibility & Account

By creating an account, signing in, or otherwise using the Service, you confirm that you have read, understood and agreed to these Terms and to our Privacy Policy. If you do not agree with any part of these Terms, do not use the Service.

• You must be at least 16 years old, or the minimum age of digital consent in your jurisdiction, whichever is higher.
• You must provide accurate, current and complete account information and keep it up to date.
• You are responsible for safeguarding your password and for all activity that occurs under your account.
• You agree to notify us immediately at [email protected] if you suspect unauthorised access.
• One account per person. Multiple accounts created to circumvent free credits, rate limits or bans are prohibited and may be terminated without notice.

2. Description of the Service

Xampler is a web application that converts WAV audio files into sample instrument formats (SFZ, SF2, KMP, HLI, HLD), with AI-assisted pitch detection, loop-point detection, drum-loop slicing and editing tooling. Pitch detection runs locally in your browser using WebAssembly. Loop detection runs on our server, in memory only, per single note.

The Service is provided on a best-effort basis. We may add, modify, suspend or discontinue any feature at our discretion and at any time. We will give reasonable notice of material changes that adversely affect paying users (typically at least 30 days).

3. License to Use the Service

Subject to your compliance with these Terms, Hliuma grants you a worldwide, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal or internal business purposes. This licence does not include any right to:

• resell, sublicense, rent, lease or commercially redistribute access to the Service;
• reverse engineer, decompile, disassemble or attempt to derive the source code of any part of the Service, except to the extent expressly permitted by applicable law;
• access the Service by any means other than the user interfaces and APIs we provide;
• use the Service to build a competing product or extract our datasets, models or proprietary algorithms;
• remove, alter or obscure any proprietary notices.

4. Your Content & Generated Output

You retain all rights, title and interest in and to the audio files you upload ("Your Content") and in the instrument files generated for you by the Service ("Your Output"). You are solely responsible for Your Content and for ensuring that you have all necessary rights, licences and permissions to process it through the Service.

You grant Hliuma a limited, non-exclusive, royalty-free licence to process Your Content strictly as required to provide the Service to you (decode audio, run loop detection, generate Your Output). Audio is not retained on our servers beyond the duration of the request. We do not listen to, share, sell or train any model on Your Content.

Custom-made nature of the output. Every instrument file generated by the Service is produced according to your individual specifications: the audio you uploaded, the notes you selected, the loop points you set, the export format you chose, the velocity layers you mapped, and the slicing parameters you applied. The result is unique to you and is not stocked, listed or resold. This characterisation matters for refund eligibility — see Section 7 and Section 8.

5. Credits, Pricing & Payment

Access to the conversion service requires credits. Each credit processes one WAV file through pitch detection. Loop editing, re-export, project loading (.hli / .hld) and previewing are free and unlimited.

• Prices are displayed at the point of sale. Where applicable, prices include VAT or other indirect taxes.
• Free credits granted at sign-up are limited to one allocation per person; abuse may result in revocation and account termination.
• Unused credits remain in your account and do not expire unless your account is terminated for breach of these Terms or you delete it.
• We use a third-party payment processor to handle card payments. The payment processor is an independent controller of the payment data it collects directly from you. By purchasing, you also accept the payment processor's terms and privacy policy.
• You authorise us (via our payment processor) to charge the payment method you selected for the amount displayed at checkout.
• Receipts and tax invoices are issued by Hliuma LLC and made available in your account.

We may change pricing at any time. Price changes do not affect credits already purchased and remaining in your balance.

6. How Credits Are Consumed

A credit is considered consumed the moment the Service begins to process the corresponding WAV file — that is, when pitch detection is initiated and our server has accepted the processing request. Once a credit is consumed, it cannot be restored regardless of whether you proceed to export the output or not, because the computational resources have already been allocated and the custom result has begun being created.

If the Service fails due to a verified bug on our side and you receive no usable output, contact [email protected] within 14 days and we will, at our discretion, restore the affected credits. This is a goodwill remedy and not a refund obligation.

7. Refund Policy

7.1 When refunds ARE available

A refund is available only if all of the following are true at the moment you request it:

• You purchased credits and the purchase was made within the last 14 calendar days.
• You have not consumed any of the purchased credits — not one, not partially. The credit balance in your account remains equal to the number of credits added by the purchase.
• The request is made in good faith and is not part of a pattern of repeated purchase-and-refund behaviour, which we treat as abuse and may decline.

Typical example covered: you accidentally clicked the wrong credit pack, charged your card by mistake, and contact us before using any of the credits. We will refund in full.

To request a refund, write to [email protected] from the email address associated with your account. State the order ID and purchase date. Refunds are processed back to the original payment method via our payment processor and typically appear within 5 to 10 business days, depending on your bank.

7.2 When refunds ARE NOT available

The following situations are not eligible for refund:

• Any credit you have consumed, in whole or in part. Even using a single credit out of a multi-credit purchase makes the entire purchase non-refundable — see Section 7.3 below.
• Credits purchased more than 14 days ago.
• Free credits granted at sign-up or promotional credits.
• Dissatisfaction with the quality of detected pitch, loop points, or generated instrument files. The Service is offered "as is" — you can preview output in the editor before consuming further credits, and the free initial credits exist exactly to let you evaluate quality before paying.
• You changed your mind after viewing or downloading any generated output.
• Your hardware sampler did not accept the exported file, where the export format complies with the published specification of that format.
• You bought credits, used some, and now have leftover credits you no longer need.
• Chargeback abuse: filing a chargeback for consumed credits without contacting us first will result in immediate suspension of your account and may incur a chargeback handling fee.

7.3 Custom-made digital goods — why "partially used = no refund"

Each WAV-to-instrument conversion is a digital good produced to your individual specifications. The pitch detection result depends on the unique audio you uploaded; the loop points are computed for your specific samples; the exported instrument file bundles your custom configuration of notes, layers, formats and metadata. Once processing begins, the computational work has been performed and the output is unique to you — it cannot be resold, restocked or reused for any other customer.

Because of this, the entire credit package becomes part of an ongoing, custom-made service the moment you consume the first credit. From that point onward, the contract is treated as a partly-performed contract for custom digital content, and the remaining unused credits in the same purchase are no longer eligible for cash refund. They remain in your account for your future use and do not expire.

7.4 If you genuinely never want to use the remaining credits

You may request that we void unused credits from a partially-used purchase. This is not a cash refund. It simply removes those credits from your balance and closes the relationship for that purchase. We do this only on your written request.

8. EU Consumer Right of Withdrawal — Express Waiver

If you are a consumer resident in the European Union, EU Directive 2011/83/EU on consumer rights ("Consumer Rights Directive") normally grants you a 14-day right to withdraw from a distance contract for digital content, without giving any reason. However, the same Directive provides several express exceptions to that right which fully apply to the Service. By purchasing credits and beginning to use the Service, you acknowledge that the following exceptions apply.

8.1 Article 16(m) — digital content supplied with prior express consent

The 14-day right of withdrawal does notapply to the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer's prior express consent and the consumer acknowledged that they thereby lose their right of withdrawal, and the trader has provided confirmation of the contract.

When you purchase credits and click "Convert", "Detect" or any equivalent button that initiates processing of a WAV file, you give us your prior express consent for the immediate performance of the contract for that specific credit, and you expressly acknowledgethat you thereby lose your 14-day right of withdrawal for that credit. The payment processor's receipt and the order confirmation email serve as our confirmation of the contract.

8.2 Article 16(c) — goods made to consumer specifications or clearly personalised

The right of withdrawal also does notapply to the supply of goods made to the consumer's specifications or clearly personalised. As described in Section 4 and Section 7.3, every instrument file the Service produces for you is unique: it is built from your audio, your selected notes, your loop points, your chosen format and export options. It is the textbook definition of a custom-made digital good produced to your specifications.

8.3 Unused credits — withdrawal still available

The exceptions in 8.1 and 8.2 apply only once a credit is consumed. For credits you have purchased but never used, you retain your right of withdrawal under Article 9 of the Consumer Rights Directive for 14 days from the purchase date, exercisable as described in Section 7.1.

9. Prohibited Use

You agree not to use the Service to:

• process audio for which you do not hold the necessary rights or licences;
• generate output that infringes the intellectual property, privacy or publicity rights of any person;
• circumvent, disable or otherwise interfere with security-related features of the Service;
• use any automated means (bots, scrapers, headless browsers acting at scale) to access the Service or to extract data, except via APIs we explicitly offer;
• resell, redistribute or sublicense access to the Service or its output to third parties as a service;
• upload or transmit material that is unlawful, harmful, defamatory, obscene, or that promotes illegal activity;
• attempt to gain unauthorised access to other users' accounts or to our infrastructure;
• send excessive load that interferes with the normal operation of the Service for other users.

We reserve the right to suspend or terminate accounts that violate this Section, with or without notice depending on severity, and without obligation to refund consumed credits.

10. Intellectual Property

The Service, including its software, design, algorithms, models, documentation, branding and the "Xampler" and "Hliuma" names, is owned by Hliuma LLC and protected by intellectual property laws. No part of these Terms transfers any such rights to you.

References to third-party brands, formats and product names (including KORG, PA-series, KMP, KSF) are nominative and descriptive only, used to indicate compatibility and interoperability. Hliuma LLC and Xampler are not affiliated with, endorsed by, sponsored by, or otherwise connected to KORG Inc.The KMP/KSF file format specification is the property of KORG Inc.; Xampler's export functionality for those formats is an independent re-implementation of publicly documented structures, for the sole purpose of producing files loadable on hardware owned by the user. All other product and company names mentioned are trademarks or registered trademarks of their respective holders.

11. Account Termination & Deletion

You may close your account at any time from the Dashboard (Delete account) or by emailing [email protected]. We confirm deletion via email link to prevent accidents. Upon deletion:

• Personal data is erased within 30 days, subject to legal retention obligations (notably tax law).
• Unused credits are forfeited and not refunded, unless the deletion is requested within 14 days of a purchase that has not been used at all (Section 7.1).
• Payment records are retained in anonymised form for accounting purposes as required by law.

We may suspend or terminate your account if you breach these Terms, attempt fraud, fail to pay, or if continued provision of the Service would expose us to legal risk. Where a breach is material and the consequence is termination, consumed credits are forfeited.

12. Availability, Maintenance & Beta Features

We aim for high availability but do not promise uninterrupted or error-free operation. Scheduled maintenance will be announced where reasonably possible. Some features may be offered as "beta" or "preview" — these may change or disappear without notice, and we make no warranties about their fitness for any purpose.

13. Disclaimer & Limitation of Liability

To the maximum extent permitted by applicable law, the Service is provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

Hliuma LLC shall not be liable for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profit, loss of goodwill, loss of data, business interruption or substitute services, arising from or relating to your use of the Service, even if Hliuma has been advised of the possibility of such damages.

For consumers in the EU, nothing in this Section excludes or limits any liability that cannot be excluded or limited under mandatory law of your country of residence, including liability for gross negligence, wilful misconduct, personal injury caused by our negligence, or liability under product-liability statutes.

To the maximum extent permitted by applicable law, our aggregate liability to you in connection with the Service is limited to the greater of (a) the amount you paid to Hliuma in the twelve months preceding the event giving rise to the claim, or (b) 50 EUR.

14. Indemnification

You agree to indemnify and hold harmless Hliuma LLC, its members, officers, employees and agents from any claim, demand, loss or expense (including reasonable legal fees) arising out of (i) your breach of these Terms, (ii) your violation of any law or any third-party right, (iii) Your Content infringing or otherwise violating any third-party right. This Section does not apply to the extent prohibited by mandatory consumer-protection law.

15. Changes to the Terms

We may update these Terms. The version number and date at the top of the page reflect the current version. For material changes (changes that adversely affect paying users, including refund policy, pricing structure or liability), we will notify you by email and in-app banner at least 30 days before the changes take effect. If you do not accept the new Terms, you may close your account before they take effect; continuing to use the Service after the effective date constitutes acceptance.

16. Governing Law & Jurisdiction

These Terms are governed by the laws of the State of Delaware, USA, excluding its conflict-of-law rules. For consumers resident in the European Union, this choice of law does not deprive you of the protection afforded by mandatory provisions of the law of your country of habitual residence (Regulation (EC) 593/2008 — "Rome I" — Article 6).

EU consumers may bring proceedings against us in the courts of their country of habitual residence or before our EU Representative (see Imprint). We may bring proceedings against an EU consumer only in the courts of the consumer's country of habitual residence.

17. Online Dispute Resolution

The European Commission provides an Online Dispute Resolution platform at ec.europa.eu/consumers/odr. We are not obliged and do not commit to participate in alternative dispute resolution proceedings before a consumer arbitration board.

18. Miscellaneous

• Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect, and the unenforceable provision shall be modified to the minimum extent necessary to make it enforceable.
• No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition or sale of substantially all our assets, on notice to you.
• Entire agreement. These Terms, together with the Privacy Policy and Cookie Policy, constitute the entire agreement between you and Hliuma regarding the Service.
• Language. The English version of these Terms is the controlling version. Any translation is provided for convenience only.

19. Contact

Contact: [email protected]
Full company details and EU Representative: Imprint.

See also: Privacy Policy · Cookie Policy · Imprint