TERRAPHONES LLC — TERMS OF SERVICE AND WARRANTY AGREEMENT
EFFECTIVE DATE: January 1, 2026
INTRODUCTION
By accessing or using the Terraphones website ("Site") and purchasing any products ("Products") from Terraphones LLC ("Terraphones," "we," "our," or "us"), you agree to be bound by these Terms of Service and Warranty Agreement ("Agreement"). If you do not agree to these Terms, you must not use this Site or place an order.
DEFINITIONS
1.1. "Agreement" means these Terms of Service and Warranty Agreement, including any amendments, modifications, or supplements thereto.
1.2. "Customer" or "you" means any individual or entity that accesses the Site or purchases Products from Terraphones.
1.3. "Effective Date" means January 1, 2026, or the date on which you first access the Site or purchase Products, whichever is later. Its effectiveness is indefinite thereafter.
1.4. "Products" means any physical goods, including but not limited to musical instruments, audio equipment, accessories, and related components, manufactured and sold by Terraphones.
1.5. "Site" means the Terraphones website, including all content, functionality, and services offered thereon.
ELIGIBILITY AND ACCOUNT INFORMATION
2.1. Age and Capacity Requirements. You must be at least 18 years of age and capable of forming a legally binding contract to purchase Products from Terraphones. By using the Site, you represent and warrant that you meet this requirement.
2.2. Account Information. If you create an account on the Site, you are responsible for maintaining the confidentiality of your account information and password. You agree to accept responsibility for all activities that occur under your account.
2.3. Accuracy of Information. You represent and warrant that all information provided to Terraphones in connection with your account or any order is true, accurate, current, and complete. You agree to promptly update your information if there are any changes.
ORDERS AND PAYMENT
3.1. Order Placement. All orders are subject to acceptance by Terraphones. Acceptance occurs once shipment has been made. We reserve the right to reject or cancel any order for any reason, including but not limited to Product availability, errors in Product or pricing information, or concerns about fraudulent activity.
3.2. Payment Terms. All orders must be paid in full at the time of purchase. Prices are listed in U.S. Dollars and typically range between $300 and $1,200. We accept payment via credit card, debit card, PayPal, and other payment methods as specified on the Site.
3.3. Price Changes. Prices for Products are subject to change without notice. The price charged for a Product will be the price in effect at the time the order is placed.
3.4. Taxes. Prices displayed on the Site do not include applicable sales tax, value-added tax (VAT), or other taxes. Such taxes, if applicable, will be added to the final purchase price and displayed during the checkout process.
3.5. Order Cancellation. You may request a cancellation within 24 hours of placing your order by contacting info@terraphones.com. After this window, cancellations are subject to our discretion and may be subject to a cancellation fee of up to 15% of the order value to cover administrative costs and materials already allocated to your order.
3.6. Order Confirmation. Upon successful placement of an order, you will receive an order confirmation via email. This confirmation does not constitute acceptance of your order by Terraphones, but rather acknowledges that we have received your order request.
PRODUCTION AND LEAD TIMES
4.1. Made-to-Order Products. All Products are made-to-order. Lead times typically range from 4 to 10 weeks from the date of order confirmation. This timeframe is an estimate and not a guarantee.
4.2. Production Updates. Terraphones will make reasonable efforts to provide periodic updates on the status of your order during the production process. Such updates may be provided via email or through your account on the Site.
4.3. Delays. Terraphones is not responsible for delays due to component shortages, shipping disruptions, acts of God, or other force majeure events beyond our reasonable control. In the event of a significant delay, Terraphones will notify you as soon as practicable and provide an updated estimated delivery timeframe.
SHIPPING AND DELIVERY
5.1. Shipping Methods. Terraphones ships Products using reputable third-party carriers. We select the shipping carrier at our discretion, taking into account factors such as destination, package size, and delivery timeframe.
5.2. International Shipping. We ship to select international destinations at our discretion. International customers are responsible for all applicable customs duties, VAT, and import taxes. Terraphones is not responsible for any delays, confiscations, or additional costs imposed by customs authorities or other governmental agencies.
5.3. Risk of Loss and Transit Damage. Terraphones assumes responsibility for loss of or damage to Products that occurs during shipment, provided such damage is reported in accordance with Sections 5.4 and 5.5 below. Responsibility for the Product transfers to you upon confirmed delivery, except for documented transit-related damage reported within the required inspection period.
5.4. Inspection Upon Delivery. You are responsible for inspecting the Product immediately upon delivery. Any visible damage, shipping-related issues, or discrepancies must be reported to Terraphones within two (2) days of confirmed delivery by emailing info@terraphones.com with a detailed description and clear photographic documentation of the Product, packaging, and shipping materials.
5.5. Damage Claims. Damage reported within this two (2) day period will be evaluated as potential transit-related damage. Physical damage reported after this period, or damage inconsistent with shipping-related causes, will be presumed to have occurred after delivery and will be the responsibility of the customer.
5.6. Delivery Timeframes. Delivery timeframes are estimates only and are not guaranteed. Actual delivery times may vary based on factors such as destination, customs processing, and carrier delays.
RETURNS AND REFUNDS
6.1. Made-to-Order Nature; Limited Returns. All Terraphones instruments are made to order and assembled specifically for each purchaser. As such, Terraphones does not accept returns based on personal preference, subjective dissatisfaction, or a change of mind. Returns are permitted only in the limited circumstances of objective issue such as the product not working in its intended capacity for its intended use via defects in materials or workmanship, or damage incurred during transit. For defects, Terraphones will first attempt repair under Section 7; refunds are available only if repair is not feasible as determined by Terraphones.
6.2. Return Request and Approval. To request a return, you must contact Terraphones at info@terraphones.com within two (2) days of receiving the Product and provide a detailed explanation of the issue. Terraphones reserves the sole discretion to determine whether a return is valid. If approved, Terraphones will provide a prepaid return shipping label. Products returned without prior written approval may be refused.
6.3. Condition Documentation Prior to Return. Before shipping the Product, you must provide clear photographic documentation of the instrument and all included packaging, showing its condition immediately prior to shipment. These images must be sent via email and acknowledged by Terraphones before the Product is returned.
6.4. Return Shipment Timing. Approved returns must be shipped within seven (7) calendar days of the date the return shipping label is issued. Failure to ship within this timeframe may result in cancellation of the return authorization.
6.5. Condition Upon Receipt. Returned Products must arrive in the same condition as shown in the submitted photographs, reasonable shipping wear excepted. If the Product is received in materially worse condition than documented, Terraphones reserves the right to deduct the cost of return shipping, repair, or refurbishment from the refund, or to deny the refund entirely.
6.6. Refund Processing. Approved refunds will be processed within fourteen (14) business days after Terraphones receives and inspects the returned Product. Refunds apply only to the product price and outbound shipping, if applicable. For all applicable orders, all VAT, duties, customs fees, and taxes are non-refundable.
6.7. Exchanges. Terraphones does not offer exchanges for different models or instruments. Any approved return must be completed as a refund, and a new order placed separately.
REPAIRS AND DEFECTIVE ITEMS
7.1. Defective Products. If a Product is found defective within the warranty window, Terraphones will repair it as a first remedy. If repair is not feasible, you may choose a replacement or refund at our discretion.
7.2. Repair Process. To initiate a repair, you must contact Terraphones at info@terraphones.com with a detailed description of the issue and supporting documentation (photos and/or video) before returning the Product for inspection.
7.3. Shipping for Repairs. For defective Products within the 2-day period, Terraphones will cover the cost of shipping to and from our repair facility. For all other repairs, you are responsible for shipping costs to our repair facility, and Terraphones will cover the return
shipping costs.
7.4. Non-Warranty Repairs. For Products outside the warranty period or for damage not covered by the warranty, Terraphones may offer repair services at our discretion. Such repairs will be subject to a diagnostic fee and repair costs, which will be communicated to you prior to any work being performed.
7.5. Voiding of Warranty. The limited warranty is void if you alter or tamper with the Product or enclosure in any way, including but not limited to opening the enclosure, modifying internal components, or attempting unauthorized repairs.
LIMITED WARRANTY
8.1. Warranty Coverage. Terraphones offers a 1-year limited warranty covering material defects in materials and workmanship, commencing on the date of delivery to the original purchaser. This warranty is non-transferable and applies only to Products purchased directly from Terraphones.
8.2. Warranty Exclusions. This warranty excludes:
Damage caused by misuse, abuse, negligence, or accident
Damage caused by improper storage, installation, or maintenance
Damage caused by alteration, unauthorized repair, or modification
Damage caused by environmental conditions beyond the Product's specified operating
parameters
Cosmetic variations due to the natural character of the materials used (e.g., walnut wood grain)
Normal wear and tear
Products with altered, defaced, or removed serial numbers
Products purchased from unauthorized resellers
8.3. Warranty Remedies. For Products covered under warranty, Terraphones will, at its option, repair or replace the defective Product or component. If the exact Product or component is no longer available, Terraphones may replace it with a similar Product of equal or greater value.
8.4. Warranty Claim Process. To make a warranty claim, you must contact Terraphones at info@terraphones.com with proof of purchase, a detailed description of the defect, and supporting documentation (photos and/or video).
8.5. Warranty Limitations. This limited warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
8.6. Voiding of Warranty. Tampering with or opening the enclosure voids this warranty in full. Any attempt to modify, repair, or alter the Product without prior written authorization from Terraphones will void this warranty.
PRODUCT USE AND SAFETY
9.1. Intended Use. Our Products are intended for use by adults and trained users only. They are not toys and should be kept out of reach of children.
9.2. Electrical Safety. Electrical components must be used responsibly and in accordance with all applicable safety guidelines and regulations. Products should not be exposed to liquids, extreme temperatures, or other hazardous conditions.
9.3. Assumption of Risk. By purchasing and using our Products, you acknowledge that improper use may result in personal injury or property damage. You agree to use our Products at your own risk and to comply with all safety instructions and guidelines provided by Terraphones.
9.4. Health Considerations. Prolonged exposure to high sound levels may cause hearing damage. You are responsible for using our Products at safe volume levels and taking appropriate precautions to protect your hearing.
9.5. Compliance with Laws. You agree to use our Products in compliance with all applicable local, state, federal, and international laws, rules, and regulations.
INTELLECTUAL PROPERTY
10.1. Ownership. All content on the Site, including but not limited to designs, text, graphics, logos, photographs, images, videos, and software, is the exclusive property of Terraphones LLC and is protected by United States and international intellectual property laws.
10.2. Limited License. Terraphones grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for personal, non-commercial purposes in accordance with this Agreement. This license does not include the right to: 
Modify, reproduce, or distribute any content from the Site 
Use any data mining, robots, or similar data gathering and extraction methods 
Use the Site or its content for any commercial purpose 
Remove any copyright, trademark, or other proprietary notices
10.3. Prohibited Activities. No license is granted to reverse-engineer, replicate, or redistribute any Product or digital asset without the prior written consent of Terraphones. You may not create derivative works based on our Products or content.
10.4. Trademark Rights. The Terraphones name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Terraphones LLC or its affiliates. You may not use such marks without the prior written permission of Terraphones.
10.5. User Content. If you submit any content to Terraphones, including but not limited to reviews, feedback, or suggestions, you grant Terraphones a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any form, media, or technology.
SOFTWARE LICENSING
11.1. Website Software. The software that operates the Site is owned by or licensed to Terraphones and is protected by United States and international intellectual property laws. Your use of the Site does not grant you any rights to such software.
11.2. Third-Party Software. If any third-party software is included with our Products, such software may be subject to separate license terms provided by the third-party licensor. Your use of such software is governed by those separate license terms.
LIMITATION OF LIABILITY
12.1. Disclaimer of Warranties. Except for the express limited warranties set forth in this agreement, to the fullest extent permitted by law, Terraphones provides the Site and Products on an "as is" and "as available" basis, without any other warranties implied or other including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.
12.2. Limitation of Liability. To the fullest extent permitted by law, Terraphones shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to your use or inability to use the Site or Products, whether based on warranty, contract, tort (including negligence), or any other legal theory, even if Terraphones has been advised of the possibility of such damages.
12.3. Cap on Liability. Terraphones' maximum liability to you for any and all claims arising out of or relating to this Agreement, the Site, or the Products shall not exceed the purchase price paid for the Product giving rise to the claim.
12.4. Essential Purpose. The limitations of liability and disclaimers of warranties in this Agreement apply regardless of whether a limited remedy fails of its essential purpose.
12.5. Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the above limitations may not apply to you. In such jurisdictions, Terraphones' liability will be limited to the maximum extent permitted by law.
GOVERNING LAW AND DISPUTE RESOLUTION
13.1. Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without giving effect to any principles of conflicts of law.
13.2. Binding Arbitration. Any dispute, controversy, or claim arising out of or relating to this Agreement, the Site, or the Products, including the validity, invalidity, breach, or termination thereof, shall be resolved exclusively by binding arbitration in New Jersey under the rules of the American Arbitration Association.
13.3. Arbitration Procedure. The arbitration shall be conducted by a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English and at a location in New Jersey selected by Terraphones.
13.4. Waiver of Class Actions and Jury Trials. You waive any right to pursue claims on a class or consolidated basis or to pursue claims in a representative capacity. You also waive any right to a jury trial.
13.5. Injunctive Relief. Notwithstanding the foregoing, Terraphones may seek injunctive or other equitable relief to protect its intellectual property rights or confidential information in any court of competent jurisdiction.
13.6. Time Limitation. Any claim or cause of action arising out of or related to this Agreement, the Site, or the Products must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. Any claim not filed within such one-year period shall be forever barred.
PRIVACY AND MARKETING COMMUNICATION
14.1. Privacy Policy. Your use of the Site and purchase of Products is subject to Terraphones' Privacy Policy, which is incorporated into this Agreement by reference. The Privacy Policy can be found on the Site.
14.2. Collection and Use of Personal Data. We collect personal data (name, email, address) solely for order processing and, with consent or legitimate interest, for occasional marketing communications. We do not sell your data to third parties.
14.3. Marketing Communications. By providing your email address or other contact information, you consent to receive marketing communications from Terraphones. You may opt out of receiving such communications at any time by following the unsubscribe instructions included in each communication or by contacting us at info@terraphones.com.
14.4. Cookies and Tracking Technologies. The Site may use cookies and similar tracking technologies to enhance your browsing experience, analyze site traffic, and personalize content. You can control the use of cookies through your browser settings.
14.5. Third-Party Links. The Site may contain links to third-party websites or services that are not owned or controlled by Terraphones. Terraphones has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
ACCESSIBILITY
15.1. Commitment to Accessibility. Terraphones is committed to maintaining accessibility of the Site for all users, including those with disabilities.
15.2. Accessibility Standards. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards.
15.3. Accessibility Issues. If you experience issues accessing any content or functionality on our website, please contact info@terraphones.com, and we will work to accommodate your needs.
15.4. Assistive Technologies. The Site is designed to be compatible with common assistive technologies, including screen readers and keyboard navigation.
CHANGES TO THESE TERMS
16.1. Modifications. We reserve the right to revise these Terms at any time. Revisions will be posted to this page with an updated effective date.
16.2. Notice of Changes. For material changes to this Agreement, Terraphones will make reasonable efforts to provide notice, such as through a prominent notice on the Site or by email to registered users.
16.3. Acceptance of Changes. Continued use of the Site following changes to this Agreement constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Site and purchasing Products.
16.4. Prior Versions. Previous versions of this Agreement may be available upon request by contacting info@terraphones.com.
GENERAL PROVISIONS
17.1. Entire Agreement. This Agreement, together with the Privacy Policy and any other documents expressly incorporated by reference, constitutes the entire agreement between you and Terraphones regarding the Site and Products, superseding any prior agreements or understandings.
17.2. Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable.
17.3. No Waiver. The failure of Terraphones to enforce any right or provision of this Agreement shall not be deemed a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by Terraphones.
17.4. Assignment. You may not assign or transfer this Agreement, or any rights or obligations hereunder, without the prior written consent of Terraphones. Terraphones may assign or transfer this Agreement, in whole or in part, without restriction.
17.5. Force Majeure. Terraphones shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, epidemic, war, terrorism, riots, civil unrest, government action, labor disputes, or Internet service provider failures or delays.
17.6. Survival. The provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
17.7. Headings. The section titles in this Agreement are for convenience only and have no legal or contractual effect.
17.8. Independent Contractors. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
CONTACT INFORMATION
18.1. Customer Service. For customer service inquiries, please contact us at info@terraphones.com.
18.2. Legal Notices. All legal notices to Terraphones should be sent to:
Terraphones LLC
Attn: Thomas Adam Billings
30 Casey Ave
East Hanover, NJ 07936
Email: info@terraphones.com
18.3. Questions. Questions about these Terms should be directed to: info@terraphones.com.
IN WITNESS WHEREOF, by using the Site or purchasing Products, you acknowledge that you have read, understood, and agree to be bound by this Agreement.