Ribbon Microphone Recording
Position: Frontol, Stereo Formation
Recorded on: Pair of AEA A440
Preamp: AEA RPQ3 Preamp
A/D Conversion: Lynx Aurora (n)
Format: WAV-file, 48Khz, 24bit
Last Updated: 20.10.2025
1. Acceptance of Terms
By accessing or using Tearworks (the “Service”), including by uploading a MIDI file and paying the service fee, you indicate that you have read, understood, and agreed to this Terms and Conditions agreement (the “Agreement”). If you do not agree, you should not use the Service. Users must be at least 18 years old (or the age of majority in your jurisdicIon) to use this Service.
2. Description of Service
Tearworks provides a platform where users can upload MIDI files to be played by a MIDI-driven player piano which is recorded by the website owner (the “Conversion Service”). Upon payment of the required fee and completion of the conversion, the Service delivers the resultIng audio file(s) back to the user.
3. Fees and Payment
Users are required to pay the applicable fee in advance to use the Conversion Service. Fees are clearly published on our website. Payment must be received and processed before recording begins. All sales are final and, except as required by law, fees are non-refundable once the recording process has started. We reserve the right to change pricing, but any changes will not affect orders that have already been placed and paid. If for any reason we are unable to complete the recording, our liability is limited to refunding the fee you paid (see Section 9 on Limitation of Liability).
4. Intellectual Property Ownership
4.1 Your Content
“Your Content” means any MIDI files or other materials you upload to the Service, as well as the audio file output that is delivered back to you. As between you and Tearworks, you retain all rights and title to Your Content. We do not obtain ownership of the MIDI files you upload, nor of the resulting audio file(s) we create for you – those are your intellectual property.
4.2 Limited License to Us
In order to perform the requested recording, you grant us a limited, temporary, non-exclusive license to copy, modify, and process your uploaded MIDI file(s) only as needed to provide the Service. This license is solely for the purpose of recording your music as an audio file and delivering it back to you. We do not have any rights to use or distribute your content beyond what is necessary to provide the service you requested.
4.3 Work Product
The audio file(s) we produce from your MIDI file is deemed part of Your Content. You will own all intellectual property rights in that Work Product, subject to any underlying rights in the original music. For example, if you uploaded a cover of a song written by someone else, you own the recording we send back, but the original composition may sIll be owned by the original songwriter. As between you and Tearworks you hold all right, title, and interest in the Work Product as well as the original content.
4.4 Our Content
All rights in and to the Service itself (such as the website design, software, algorithms, etc.) belong to us or our licensors. Except for Your Content, all content on our site and all software and technology used to provide the Service are our “Service Content” and are protected by intellectual property laws. Nothing in this Agreement transfers any of our intellectual property to you.
5. User Responsibilities and Warranties
By uploading any content, you represent and warrant that:
• 5.1 Right to Upload
You own or control all necessary rights in each MIDI file you upload,
and have the lawful right to use, reproduce, and request conversion of that content. If the content is subject to third-party rights (for example, it’s someone else’s song or a recording of a song you didn’t write), you have obtained all required permissions, licenses, or authorisations from the relevant rights holders before uploading to our Service. You must own or have licensed every part of what you upload – unauthorised copyrighted material is not allowed.
5.2 No Infringement
Converting or using your uploaded content through our Service and obtaining the audio output will not infringe the copyright, trademark, publicity, privacy, or other rights of any third party, and will not violate any law. In plain terms, nothing you upload will cause anyone else to claim we or you violated their rights.
5.3 Lawful Content
Your uploaded files contain no illegal content that is unlawful to possess or use. You will not use the Service for any fraudulent or inappropriate purposes.
5.4 Accurate Information
You will provide accurate and complete information where requested (for example, payment details) and will keep your account information (if applicable) up to date. If you breach any of the above warranties, you may be responsible for any resulting costs, losses, or legal liabilities. We reserve the right to refuse or cancel any service if we believe, in our discretion, that you have uploaded content that you have no right to use or that violates these Terms.
6. Privacy and Content Use by Tearworks
6.1 No Unauthorised Use or Sharing
We take your content’s confidentiality seriously. Any MIDI file you upload and any audio file output we generate are your confidential information. We will not use Your Content for any purpose except delivering the Service back to you. We will not share, publish, or make available your MIDI or audio file(s) to any third party without your express permission. (The only excepIon would be if we are required by law or legal process to disclose specific information, in which case we would notify you if permitted.)
6.2 Data Security
We implement reasonable technical and organisational measures to secure your files during transfer and processing. However, you understand that no internet service is 100% secure, and we cannot guarantee absolute security. You upload at your own risk, but we will notify you in the event of any known data breach involving your content.
6.3 Deletion
By default, we will retain your uploaded files and the converted output for 30 days after delivering the Work Product to you, in case you need to re-download or in case of any disputes. After that period (or sooner, at your request), we will permanently delete our copies of your MIDI and audio file(s). We do not archive or keep your music beyond the necessary timeframe to operate the Service, unless you explicitly ask us to save it in your account for future access.
6.4 Anonymised Data
We may collect and use aggregated, anonymised usage data for improving our services (for example, total number of MIDI files processed, average file size, performance metrics, etc.). This data will not include any personally identifiable information or any of your actual content.
7. Delivery of Audio file Output
Once your audio file(s) is processed, we will make the resulting file(s) available for you to download (or deliver it via email or other method as agreed). It is your responsibility to download and save the output upon delivery. We recommend that you back up the audio file(s) after receipt. We are not responsible for retaining a permanent copy of the Work Product for you (see SecIon 6.3 regarding deleIon policy). If you have any issues with the delivered audio file(s) (such as corruption or inability to access it), you must contact us within 7 days of delivery so we can assist. After that period, we will consider the service fully delivered and complete.
8. Disclaimer of Warranties Use at Your Own Risk
The Service is provided “as is” and “as available” to the fullest extent permitted by law. This means the following.
We make no guarantees that the Service will meet your requirements or expectations, or that the results (the audio file(s)) will be perfect, accurate, or to any particular standard of quality. No information or advice that we give shall create any warranty. You understand that audio recording is a subjective and technically complex process; while we use our expertise to produce the audio file(s) we do not promise it will be error-free or an exact replication of the original.
We disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. For example, we do not warrant that your audio file(s) will be suitable for performance in a professional swing, or that it will satisfy any particular use case you have in mind.
We do not guarantee that the Service will be uninterrupted or error-free or that any defects in the Service will be corrected. While we aim for a smooth experience, things like internet issues or technical faults can occur.
You are solely responsible for verifying the accuracy and completeness of the audio file(s) we deliver. If you plan to use it for any important purpose, you should review it (and if needed, have it edited or verified by a professional) before relying on it.
In jurisdictions that do not allow the exclusion of certain warranties, our liability and warranties will be limited to the minimum extent permitted by law.
9. Limitation of Liability
Under no circumstances will Tearworks or its owners, employees, or affiliates be liable to you for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the Service or this Agreement. This includes, for example, damages for loss of profits, loss of data, business interruption, or personal disappointment in the output, even if we have been advised of the possibility of such damages. To the maximum extent allowed by law, our total liability to you for any claim arising from or related to the Service is limited to the amount you paid for the Service in question (i.e., the fee for that recording) If we did not charge you (for example, a free trial), we owe you no monetary damages. Some jurisdictions do not allow certain liability limitations. If you are in such a jurisdiction, some of these limitations may not apply to you. Nothing in these terms limits liability for intentional misconduct, or any other liability that cannot be limited by law.
10. Indemnification
You agree to indemnify, defend, and hold harmless Tearworks and its officers, directors, employees, and agents from any and all claims, liabilities, damages, losses, or expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service; (b) your violaIon of this Agreement; or (c) any claim that your uploaded content or the derivative piano music output infringes or misappropriates the intellectual property rights of a third party, or has caused harm to a third party. In other words, if a third party (for example, a music copyright owner) brings a claim against us because of content you provided or because you didn’t have the rights as warranted, you agree to cover our costs and damages. We will notify you promptly of any such claim and cooperate in defending it. We reserve the right to assume the exclusive defence of any indemnified claim at our own expense, in which case you’ll cooperate with us.
11. Termination
We hope to work with you for a long time, but you may stop using the Service at any time. If you have an account, you can deactivate or delete it, or simply cease using the Service. We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, if we reasonably believe: (a) you have violated any provision of this Agreement; (b) you are engaging in misuse of the Service or illegal behaviour; or (c) continued provision of the Service to you is not commercially viable or legally possible. In such cases, we will, if feasible, provide you noIce of termination. If your access is terminated due to a breach of this Agreement or illegal conduct, you will not be entitled to any refund. Upon termination, SecIons 4, 5, 8, 9, 10, and any other secIons which by their nature should survive, will continue to apply. Termination does not relieve you of any obligations to pay any outstanding fees or indemnifications.
12. Changes to Terms
We may update or modify these Terms and Conditions from time to time. If we make material changes, we will notify users by posIng the revised terms on our website and updating the “Last Updated” date above. We may also, at our discretion, send a noIce to the email address associated with your account or through a message on the Service. Changes will not apply retroactively. If you do not agree to the revised terms, you should stop using the Service. Your continued use of the Service after the effective date of the updated Agreement constitutes your acceptance of the changes.
13. Governing Law and Dispute Resolution
This Agreement is governed by and construed in accordance with the laws of England & Wales, without regard to its conflict of law principles. However, we operate globally and recognise that you may have mandatory consumer rights under your local law; nothing in this Agreement limits those rights if applicable.
13.1 Jurisdiction
All disputes arising out of or relating to this Agreement or the Service that cannot be resolved amicably will be subject to the exclusive jurisdiction of the courts of England & Wales. You agree to that venue and jurisdiction, unless otherwise required by a law of your country of residence.
13.2 Alternative Dispute Resolution
Before filing any lawsuit, both you and Tearworks agree to attempt to resolve any dispute by good-faith negotiation. If we cannot resolve the dispute informally, we may consider mediaIon or arbitraIon. (If you are a consumer in the EU, you may have the right to use an EU Online Dispute Resolution platform, etc.)
14. Miscellaneous
14.1 Entire Agreement
This Agreement (together with any Service-specific rules or instructions on our site and our Privacy Policy) constitutes the enIre agreement between you and us regarding the Service. It supersedes any prior agreements or understandings, written or oral, about the Service.
14.2 Severability
If any provision of this Agreement is held to be invalid or unenforceable, that provision will be severed from the Agreement without affecting the validity of the remaining provisions, which will remain in full force.
14.3 No Waiver
Our failure to enforce any right or provision of this Agreement will not be considered a waiver of that right. Any waiver must be in writing and signed by us to be effective.
14.4 Assignment
You may not assign or transfer this Agreement or any of your rights hereunder without our prior written consent. We may assign this Agreement as part of a merger, acquisition, or sale of our business or assets, or by operaIon of law, or to any affiliate.
14.5 Relationship
Using our Service does not create any agency, partnership, joint venture, or employment relationship between you and Tearworks. You are an independent user of the service.
14.6 Contact Information
If you have any quesIons or concerns about these Terms or the Service, you can contact us at the addresses provided on the website. By using the Service, you acknowledge that you have read and agree to this Disclaimer and Terms & Conditions.
