KIMERA AUDIO

Privacy Policy

PRIVACY POLICY & TERMS OF SERVICE

Effective Date: December 12, 2024
Last Updated: December 12, 2024
KIMERA AUDIO LLC


PART 1: PRIVACY POLICY

1. INTRODUCTION

KIMERA AUDIO LLC ("we," "us," or "our") respects your privacy and is committed to protecting your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website kimeraaudio.com and purchase our products.

By using our website or purchasing our products, you agree to the collection and use of information in accordance with this Privacy Policy.


2. INFORMATION WE COLLECT

2.1 Information You Provide to Us

We collect information that you voluntarily provide when you:

Create an account

Make a purchase

Contact customer support

Subscribe to our mailing list

Participate in surveys or promotions

This information may include:

Name

Email address

Billing address

Payment information (processed securely through third-party payment processors)

Purchase history

Support correspondence

2.2 Automatically Collected Information

When you visit our website, we may automatically collect certain information, including:

IP address

Browser type and version

Operating system

Pages visited and time spent on pages

Referring website

Date and time of visit

2.3 Cookies and Tracking Technologies

We may use cookies and similar tracking technologies to enhance your experience on our website. See Section 3 below for more details about cookies.


3. COOKIES POLICY

3.1 What Are Cookies

Cookies are small text files stored on your device when you visit a website. They help us remember your preferences and understand how you use our site.

3.2 Types of Cookies We May Use

Essential Cookies: Required for the website to function properly (e.g., shopping cart, login sessions)

Analytics Cookies: Help us understand how visitors interact with our website (e.g., Google Analytics)

Marketing Cookies: Used to deliver relevant advertisements and track campaign effectiveness

Preference Cookies: Remember your settings and preferences

3.3 Managing Cookies

You can control and manage cookies through your browser settings. Note that disabling cookies may affect the functionality of our website.

Most browsers allow you to:

View and delete cookies

Block third-party cookies

Block cookies from specific sites

Block all cookies


4. HOW WE USE YOUR INFORMATION

We use the information we collect to:

Process and fulfill your orders

Send you license codes and product download links

Provide customer support

Send important notices about your account or purchases

Send marketing communications (with your consent)

Improve our website and products

Prevent fraud and enhance security

Comply with legal obligations


5. HOW WE SHARE YOUR INFORMATION

We do not sell, trade, or rent your personal information to third parties. We may share your information with:

5.1 Service Providers

We work with third-party service providers who perform services on our behalf, including:

Payment processors (e.g., Stripe, PayPal)

Email service providers

Web hosting services

Analytics providers (e.g., Google Analytics)

Customer support tools

These service providers have access to your information only to perform specific tasks on our behalf and are obligated to protect your information.

5.2 Legal Requirements

We may disclose your information if required to do so by law or in response to valid requests by public authorities (e.g., court orders, subpoenas, government agencies).

5.3 Business Transfers

If KIMERA AUDIO LLC is involved in a merger, acquisition, or sale of assets, your information may be transferred as part of that transaction.


6. DATA RETENTION

We retain your personal information for as long as necessary to:

Fulfill the purposes outlined in this Privacy Policy

Comply with legal obligations

Resolve disputes

Enforce our agreements

When your information is no longer needed, we will securely delete or anonymize it.


7. YOUR RIGHTS

Depending on your location, you may have certain rights regarding your personal information:

Access: Request a copy of the personal information we hold about you

Correction: Request correction of inaccurate or incomplete information

Deletion: Request deletion of your personal information (subject to legal obligations)

Opt-Out: Unsubscribe from marketing communications at any time

Data Portability: Request transfer of your data to another service (where applicable)

To exercise these rights, contact us at [[email protected]].


8. SECURITY

We implement reasonable security measures to protect your personal information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the internet or electronic storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security.


9. CHILDREN'S PRIVACY

Our website and services are not directed to individuals under the age of 13. We do not knowingly collect personal information from children under 13. If you believe we have collected information from a child under 13, please contact us immediately.


10. INTERNATIONAL USERS

Your information may be transferred to and processed in the United States or other countries where our service providers operate. By using our website, you consent to the transfer of your information to countries outside your country of residence, which may have different data protection laws.


11. THIRD-PARTY LINKS

Our website may contain links to third-party websites. We are not responsible for the privacy practices or content of these external sites. We encourage you to review the privacy policies of any third-party sites you visit.


12. CHANGES TO THIS PRIVACY POLICY

We may update this Privacy Policy from time to time. Changes will be posted on this page with an updated "Last Updated" date. Your continued use of our website after changes are posted constitutes acceptance of the updated policy.


13. CONTACT US

If you have questions about this Privacy Policy, please contact us:

KIMERA AUDIO LLC
Email: [email protected]
Website: kimeraaudio.com



Terms of Service

1. ACCEPTANCE OF TERMS

Welcome to KIMERA AUDIO LLC ("Company," "we," "us," or "our"). By accessing or using our website kimeraaudio.com ("Website"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Website.

These Terms apply to all visitors, users, and customers of the Website.


2. CHANGES TO TERMS

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Website. Your continued use of the Website after changes are posted constitutes acceptance of the modified Terms. We encourage you to review these Terms periodically.


3. USE OF WEBSITE

3.1 Eligibility

You must be at least 18 years old to make purchases on our Website. By using the Website, you represent that you are at least 18 years of age.

3.2 Account Registration

To purchase products, you may be required to create an account. You agree to:

Provide accurate, current, and complete information

Maintain the security of your password

Notify us immediately of any unauthorized use of your account

Accept responsibility for all activities under your account

3.3 Prohibited Activities

You agree not to:

Use the Website for any unlawful purpose

Attempt to gain unauthorized access to any portion of the Website

Interfere with the proper functioning of the Website

Use automated systems (bots, scrapers) to access the Website

Reverse engineer, decompile, or disassemble any software products

Share, sell, or transfer license codes to third parties

Engage in any fraudulent or abusive behavior


4. PRODUCTS AND SERVICES

4.1 Product Descriptions

We strive to provide accurate product descriptions and system requirements. However, we do not warrant that product descriptions or other content on the Website is accurate, complete, or error-free.

4.2 Pricing

All prices are in USD and subject to change without notice. We reserve the right to correct pricing errors and cancel orders placed at incorrect prices.

4.3 License Delivery

Upon purchase, you will receive a license code via email. License codes are typically delivered within minutes but may take up to 24 hours. If you do not receive your license code, check your spam folder and contact support.


5. PAYMENT

5.1 Payment Methods

We accept payment via credit card, debit card, PayPal, and other methods as indicated on the Website. Payment processing is handled by secure third-party payment processors.

5.2 Payment Authorization

By providing payment information, you represent that:

You are authorized to use the payment method

The information provided is accurate

You will pay all charges incurred

5.3 Failed Payments

If payment fails or is declined, we reserve the right to cancel your order and suspend your account.


6. REFUNDS

All sales are final. We do not offer refunds, returns, or exchanges. Please review our Refund Policy for complete details.


7. INTELLECTUAL PROPERTY

7.1 Ownership

All content on the Website, including text, graphics, logos, software, and trademarks, is the property of KIMERA AUDIO LLC or its licensors and is protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

We grant you a limited, non-exclusive, non-transferable license to access and use the Website for personal, non-commercial purposes. This license does not include:

Resale or commercial use of the Website or its content

Collection or use of product listings or descriptions

Derivative use of the Website or its content

Downloading or copying of content for the benefit of another party

7.3 Trademarks

KIMERA AUDIO, LUSH VERB, and all related logos and product names are trademarks of KIMERA AUDIO LLC. You may not use these trademarks without our prior written consent.


8. USER CONTENT

If you submit reviews, comments, or other content to our Website ("User Content"), you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, modify, and display such content.

You represent that:

You own or have rights to the User Content

The User Content does not violate any third-party rights

The User Content is not defamatory, obscene, or unlawful

We reserve the right to remove any User Content at our discretion.


9. DISCLAIMER OF WARRANTIES

THE WEBSITE AND ALL CONTENT, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

Warranties of merchantability and fitness for a particular purpose

Warranties that the Website will be uninterrupted, secure, or error-free

Warranties regarding the accuracy or reliability of content


10. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, KIMERA AUDIO LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, or data

Business interruption

Loss of goodwill

Computer damage or system failure

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR PRODUCTS PURCHASED THROUGH THE WEBSITE IN THE SIX (6) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.


11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless KIMERA AUDIO LLC, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

Your use of the Website

Your violation of these Terms

Your violation of any third-party rights

Any fraudulent or illegal activity


12. TERMINATION

We reserve the right to suspend or terminate your access to the Website at any time, with or without notice, for any reason, including violation of these Terms.

Upon termination:

Your right to use the Website will immediately cease

We may delete your account and content

You remain liable for all obligations incurred prior to termination


13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law

These Terms are governed by the laws of [Your State], United States, without regard to conflict of law principles.

13.2 Dispute Resolution

Any dispute arising from these Terms or your use of the Website shall be resolved through:

Informal Negotiation: First, contact us to attempt to resolve the dispute informally

Binding Arbitration: If informal resolution fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association

Class Action Waiver: You agree to resolve disputes on an individual basis and waive any right to participate in class actions

13.3 Exceptions

Either party may seek injunctive relief in court to protect intellectual property rights.


14. SEVERABILITY

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.


15. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, Refund Policy, and EULA, constitute the entire agreement between you and KIMERA AUDIO LLC regarding use of the Website and supersede all prior agreements.


16. CONTACT INFORMATION

If you have questions about these Terms of Service, please contact us:

KIMERA AUDIO LLC
Email: [email protected]
Website: kimeraaudio.com