Terms of Service | Kumbengo

Kumbengo Inc.

Last Updated: August 3, 2026

AGREEMENT TO OUR LEGAL TERMS

We are Kumbengo Inc. ("Kumbengo," "Company," "we," "us," "our"), a company registered in Delaware, United States, with a mailing address at 16192 Coastal Highway, Lewes, DE 19958, USA.

We operate the website https://www.kumbengo.com (the "Site"), together with our audio-plugin software and related products, applications, and services that refer or link to these Terms (collectively, the "Services"). Our Services include two kinds of product:

- Local Plugins — audio-plugin software that you download and run locally on your own device (for example, the Afro-Percussion plugin). Local Plugins do not send your audio to our servers.
- Cloud/AI Services — plugins and features that connect to our hosted servers to generate or process audio using artificial intelligence (for example, Shaman). These send audio you submit to our servers for processing.

These Terms apply to all of the Services. Where a product has its own End-User License Agreement (EULA), that EULA governs your license to that software and these Terms govern your use of the Site and the Services generally. Additional product-specific terms (such as the Shaman section below) apply to the products they name.

By accessing or using the Services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Services. The Services are intended for users who are at least 18 years old.

1. DEFINITIONS

- "Services" — the Site and all Kumbengo products and services, including Local Plugins and Cloud/AI Services.
- "Local Plugin" — plugin software that runs locally on your device without sending audio to our servers.
- "Cloud/AI Service" — a product or feature (such as Shaman) that connects to our hosted servers to generate or process audio.
- "Shaman" — our Cloud/AI plugin and hosted service for AI audio generation, transformation, inpainting, regeneration, and continuation.
- "Plugin" — any Kumbengo plugin software, Local or Cloud/AI.
- "Credits" — units you purchase or receive that are consumed when you use certain Cloud/AI features.
- "Input" — audio, prompts, text, or other content you upload or submit to a Cloud/AI Service.
- "Output" — audio or other content a Cloud/AI Service generates in response to your Input.
- "User Content" — your finished works incorporating Output together with material you add.
- "Third-Party Models" — AI models and components used by our Cloud/AI Services, including models licensed from Stability AI and a text-encoder component from Google (Gemma).

2. OUR SERVICES

Information provided through the Services is not intended for use where prohibited by law, and the Services are not tailored to comply with industry-specific regulations (such as HIPAA or GLBA). You are responsible for compliance with local laws that apply to you.

3. ELIGIBILITY & ACCOUNTS

3.1 Eligibility. You must be at least 18 years old (or the higher age of majority in your jurisdiction) to use the Services. By using the Services you represent that you meet this requirement and have the legal capacity to accept these Terms. If you use the Services on behalf of an organization, you represent that you are authorized to bind it.

3.2 Accounts. Some Services (including Cloud/AI Services) require an account. You agree to provide accurate information and keep it current, to safeguard your credentials, and to be responsible for all activity under your account. You may not share your account or credentials or let anyone else use the Services through your account. Notify us promptly of any unauthorized use.

4. PRODUCTS, PURCHASES & PAYMENT

4.1 Products. All products are subject to availability. We may change products, features, or prices at any time.

4.2 Payment. Prices are in U.S. dollars unless stated otherwise. Payments are processed by our third-party payment processor, and your purchases may be subject to their terms. You agree to provide current, accurate purchase information. We may refuse or limit any order.

4.3 Taxes. Prices are exclusive of taxes unless stated otherwise; you are responsible for applicable taxes other than taxes on our net income.

4.4 Refunds. Refunds are governed by our Refund Policy, which forms part of these Terms. Different rules apply to one-time Plugin purchases and to Credits (see the Refund Policy).

5. CREDITS & BILLING (CLOUD/AI SERVICES)

5.1 Credits. Access to certain Cloud/AI features (such as Shaman generation) is based on Credits, which are consumed when you use those features. The Credit cost of an action is shown in the Service and may change over time.

5.2 Free Credits. We may offer a limited number of free Credits to new or existing users. Free Credits may expire, may be subject to usage limits and eligibility conditions, have no cash value, and are not refundable or exchangeable for money.

5.3 Purchasing Credits. You may purchase Credits as described at the point of purchase. Prices are shown before you buy. Purchased Credits are non-refundable except as required by law and as described in the Refund Policy. Purchased Credits may expire as stated at the time of purchase.

5.4 Changes. We may change Credit pricing, the Credit cost of actions, and free-Credit allowances prospectively; changes will not reduce Credits you have already purchased.

5.5 Subscriptions. We do not currently offer subscription plans. If we introduce subscription plans in the future, they will be described at the point of purchase, and any unused portion of a recurring Credit allowance included with a subscription will expire at the end of each billing period and will not roll over. We will provide any renewal, price-change, or cancellation notices required by applicable law, and statutory rights (where they apply) are not affected.

6. SOFTWARE & LICENSES

Each Plugin is licensed, not sold. Where a Plugin is accompanied by an EULA, that EULA governs your license to that software. Otherwise, we grant you a personal, non-exclusive, non-transferable, revocable license to use the Plugin for creating music or other creative works. All software is provided "AS IS."

7. SHAMAN — CLOUD/AI SERVICE TERMS

This Section 7 applies specifically to Shaman and other Cloud/AI Services. Where it conflicts with the general provisions of these Terms for use of a Cloud/AI Service, this Section controls.

7.1 The Service. Shaman lets you generate and manipulate audio using AI, including generating audio from prompts and transforming, inpainting, regenerating, or continuing audio you provide. When you use these features, your Input is sent from the Plugin to our servers, processed, and returned to you.

7.2 Your Input and Warranties. You are solely responsible for your Input. You represent and warrant that you own or have all rights, licenses, and permissions necessary to submit your Input and to allow the processing described here, and that your Input does not infringe or violate any third party's rights.

7.3 License to Operate the Service. You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, modify (for technical purposes), process, and transmit your Input solely to operate and provide the Service to you and to secure it. This license does not permit any other use. (This Section 7.3 governs Input and Output and overrides the general Contribution License in Section 9 for Input and Output.)

7.4 Output & Ownership. As between you and us, and to the fullest extent permitted by applicable law, you own the Output you generate, and we assign to you whatever right, title, and interest we may have in it, subject to these Terms and to third-party rights. You may use Output for commercial and non-commercial purposes without owing us royalties. Because of the nature of generative AI, Output may not be unique, and other users may receive similar Output; our assignment does not extend to any other user's Output or to third-party content. Output may not be protectable by copyright in some jurisdictions, and we make no representation that it is copyrightable, original, or free of similarity to existing works.

7.5 No Use of Your Content for Training. We do not use your Input or Output to train, fine-tune, or develop any AI model, and we do not use your Input or Output to improve the Service or any machine-learning feature. Your Input and Output are processed only to deliver the Service to you and are handled as described in the Privacy Policy.

7.6 Restriction on Your Use of Output. You may not use the Output, the Service, or the Third-Party Models to create, train, or improve any foundational or general-purpose generative AI model, or any model or service that competes with the Service or with our licensors' models. This restriction is required by our upstream licensors.

7.7 Third-Party Models & Attribution. The Service is built in part on models licensed from Stability AI, including a text-encoder component provided by Google (Gemma), which run on our own servers. The Service displays "Powered by Stability AI," and you may not remove or alter that or other required notices. Your use of the Service is subject to the Stability AI Community License, the Stability AI Acceptable Use Policy, the Gemma Terms of Use, and the Gemma Prohibited Use Policy, copies or links to which are provided in our Third-Party Notices and incorporated here by reference. These Terms grant you no rights in the Third-Party Models and no right to use the names, logos, or trademarks of Stability AI or Google except for the required attribution. Those upstream policies may be updated by their owners from time to time, and updates apply to your use of the Service when effective.

7.8 Acceptable Use of the Cloud/AI Service. In addition to Section 8, and as an enforceable condition required by our upstream licensors, you will not use the Service to generate, upload, or distribute content that:
- exploits, abuses, or endangers minors, including any child sexual abuse material;
- constitutes non-consensual intimate imagery or unlawful sexual content, or sexually explicit content for pornography or sexual gratification (excluding genuine scientific, educational, documentary, or artistic purposes);
- infringes, misappropriates, or violates any individual's or entity's rights, including copyright;
- impersonates any individual (living or dead) without disclosure in order to deceive, or is defamatory;
- harasses or promotes hatred, violence, discrimination, self-harm, or violent extremism;
- misrepresents the provenance of Output, including by claiming AI-generated content was created by a human in order to deceive; or
- circumvents or attempts to circumvent the Service's safety filters or safeguards.
You also will not use the Service to imitate the voice, name, likeness, or distinctive style of a specific real artist or performer in a manner that infringes their rights or misleads listeners. You are solely responsible for your Input and Output. We do not pre-screen, review, or verify Input or Output for rights clearance, similarity, or compliance, and responsibility for ensuring your use is lawful and non-infringing rests entirely with you.

7.9 AI Disclosure. Output is generated by artificial intelligence. Where you make Output available to others and its AI-generated nature is not otherwise apparent, you will not misrepresent it as human-created in order to deceive. We do not warrant the accuracy, originality, non-infringement, or fitness of Output, and you use it at your own risk.

7.10 Enforcement. We may (but are not obligated to) monitor use of the Service and may filter, remove, or refuse to process Input or Output, and suspend or terminate accounts, to enforce these Terms or the upstream policies.

8. PROHIBITED ACTIVITIES

You agree not to:
- use the Services for any unlawful purpose or in violation of these Terms;
- reverse-engineer, decompile, or disassemble our software, or attempt to extract model weights or source code (except to the limited extent applicable law permits despite this restriction);
- resell, share, redistribute, sublicense, or transfer any Plugin, license, account, or Credits;
- bypass, disable, or interfere with security, authentication, usage-metering, or access-control features;
- use automated means to access the Services in a manner that burdens our systems;
- advertise or sell goods or services through the Services without our permission; or
- engage in any activity that harms other users, the Services, or us.

9. USER-GENERATED CONTRIBUTIONS & CONTRIBUTION LICENSE

Some parts of the Services may let you submit public contributions such as reviews, comments, feedback, or community posts ("Contributions"). This Section 9 does not apply to Input or Output under a Cloud/AI Service, which are governed exclusively by Section 7.

If you submit Contributions, you represent that they do not infringe third-party rights, that you have all necessary rights and consents, and that they are not unlawful, defamatory, or objectionable. You grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, publish, and display your Contributions in connection with operating and promoting the Services. We do not claim ownership of your Contributions. We may use feedback or suggestions you provide without obligation to you.

10. INTELLECTUAL PROPERTY RIGHTS

We and our licensors own all right, title, and interest in and to the Services, the Plugins, our software, and our trademarks, including the "Kumbengo" and "Shaman" names. Third parties, including Stability AI and Google, retain all rights in their respective components. Except as expressly stated, no rights are granted to you. You retain rights in your Input, Output, and User Content as described in Section 7.

11. COPYRIGHT / DMCA

The Cloud/AI Services process audio you submit and return Output to you; we do not publish or display user audio to other users, and we cannot access files stored on your own device. This Section concerns audio transmitted through or stored on our servers.

If you believe audio processed through or stored on our servers infringes your copyright, send a notice to our designated agent — Yehonatan Ataria, Kumbengo Inc., info@kumbengo.com, 16192 Coastal Highway, Lewes, Delaware 19958 — with the information required by 17 U.S.C. § 512 (identification of the work; identification and location of the material; your contact information; a good-faith statement; a statement under penalty of perjury that the information is accurate and that you are authorized to act; and your signature). On a valid notice we will, to the extent the material is on or accessible through our servers, remove or disable access to it and follow the counter-notice process where applicable. Because Output may already have been downloaded by a user, removing it from our servers may not affect copies on that user's own systems, which are outside our control. We will, in appropriate circumstances, suspend or terminate repeat infringers.

12. THIRD-PARTY WEBSITES & CONTENT

The Services may link to or display third-party websites or content. We do not monitor or endorse them and are not responsible for them. Your use of third-party websites and content is at your own risk and subject to their terms.

13. SERVICES MANAGEMENT

We reserve the right (but not the obligation) to monitor the Services for violations, take legal action against violators, refuse or restrict access, remove burdensome or infringing content, and otherwise manage the Services to protect our rights and ensure proper operation.

14. PRIVACY

Data privacy and security are important to us. Your use of the Services is subject to our Privacy Policy, which is incorporated by reference. The Services are hosted in the United States and rely on third-party infrastructure; by using them you consent to the processing of your information as described in the Privacy Policy.

15. TERM & TERMINATION

These Terms remain in effect while you use the Services. We may suspend or terminate your access (including by blocking IP addresses or disabling accounts) for any reason, including breach of these Terms, violation of the acceptable-use rules, or if our right to use a Third-Party Model is revoked. On termination, your right to use the Services ends; you may continue to use User Content you lawfully created before termination, subject to these Terms. Provisions that by their nature should survive (including Sections 7.4–7.6, 8, 10, 11, and 19–23) survive termination.

16. MODIFICATIONS & INTERRUPTIONS

We may change, suspend, or discontinue the Services (or any part) at any time. We may update these Terms from time to time; we will provide reasonable notice of material changes (for example, by posting the updated date or notifying you), and for material changes to terms that require it, we will seek your acceptance. Your continued use after changes take effect constitutes acceptance. We are not liable for any loss arising from Service downtime or discontinuance.

17. GOVERNING LAW

These Terms and your use of the Services are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. If you are a consumer, this does not deprive you of the protection of mandatory consumer-protection laws of your country of residence.

18. DISPUTE RESOLUTION

Informal Negotiations. The parties will attempt to resolve any dispute informally for at least thirty (30) days before initiating arbitration.

Binding Arbitration. If informal negotiations fail, disputes will be resolved exclusively through binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA) and its Consumer Rules. If arbitration fees are found excessive, we will pay them. Arbitration will take place in Delaware unless the AAA rules or applicable law require otherwise.

Restrictions. Arbitration is limited to the dispute between the parties individually. No class actions or representative actions are permitted.

Exceptions. The following are not subject to arbitration and may be brought in court: (a) disputes over the enforcement or validity of intellectual-property rights; (b) allegations of theft, piracy, or unauthorized use; (c) claims for injunctive or equitable relief; and (d) any individual claim that qualifies for a small-claims court, which either party may bring in a small-claims court of competent jurisdiction instead of arbitration.

Time Limit. No dispute may be brought more than one (1) year after the cause of action arose.

To the extent mandatory law in your country of residence gives you a non-waivable right to bring proceedings in your local courts, this Section does not remove that right.

19. DISCLAIMER OF WARRANTIES

THE SERVICES AND ALL OUTPUT ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT OUTPUT WILL BE ACCURATE, UNIQUE, ORIGINAL, OR NON-INFRINGING.

20. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL KUMBENGO, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) USD $10. The existence of more than one claim will not increase this cap.

Nothing in these Terms limits liability that cannot be limited under applicable law. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

21. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Kumbengo, its affiliates, and their respective officers, directors, employees, agents, successors, assigns, and third-party licensors and suppliers (including, without limitation, Stability AI and Google) from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees) arising out of or related to: (a) your Input or your use of the Services or Output; (b) your breach of these Terms; (c) your violation of the Stability AI Acceptable Use Policy or the Gemma Prohibited Use Policy; (d) any Contributions you submit; or (e) your violation of any law or the rights of any third party. This obligation survives termination.

22. USER DATA

We may store certain data you transmit to operate the Services, as described in the Privacy Policy. For Cloud/AI Services, audio you submit for processing is deleted from our processing systems on completion, as described in the Privacy Policy. You are responsible for keeping your own copies of anything you wish to preserve. We are not liable for loss or corruption of data except to the extent required by law.

23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS & SIGNATURES

You consent to receive communications from us electronically and agree that electronic signatures, contracts, orders, and records satisfy any legal requirement that such items be in writing.

24. CALIFORNIA USERS

If a complaint is not resolved, California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or (800) 952-5210.

25. MISCELLANEOUS

These Terms, together with the applicable EULA, the Privacy Policy, the Refund Policy, and any Third-Party Notices, constitute the entire agreement between you and us regarding the Services. We may assign our rights and obligations at any time. If any provision is unenforceable, the remaining provisions remain in effect. No waiver of any provision is a continuing waiver. No partnership, employment, or agency relationship is created by these Terms.

26. CONTACT US

Kumbengo Inc.
16192 Coastal Highway
Lewes, DE 19958, USA
info@kumbengo.com