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
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
Copyright 2026. KIMERA AUDIO. All Rights Reserved.