TERMS AND CONDITIONS
Last updated July 24, 2025
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AGREEMENT TO OUR LEGAL TERMS
We are Kumbengo Inc. (“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”) as well as any other related products and services that refer or link to these Legal Terms (collectively, the “Services”).
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We sell audio-plugin software designed for music production. The plugins are delivered as digital downloads, compatible with major DAWs, and each purchase grants a personal or commercial-use license, subject to our licensing terms.
Contact us at info@kumbengo.com or by mail at the address above.
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By accessing the Services you confirm you have read, understood, and agree to be bound by these Legal Terms. IF YOU DO NOT AGREE, DISCONTINUE USE IMMEDIATELY.
The Services are intended for users at least 18 years old.
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TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. PRODUCTS
5. PURCHASES AND PAYMENT
6. REFUNDS POLICY
7. SOFTWARE
8. PROHIBITED ACTIVITIES
9. USER-GENERATED CONTRIBUTIONS
10. CONTRIBUTION LICENSE
11. THIRD-PARTY WEBSITES AND CONTENT
12. SERVICES MANAGEMENT
13. PRIVACY POLICY
14. TERM AND TERMINATION
15. MODIFICATIONS AND INTERRUPTIONS
16. GOVERNING LAW
17. DISPUTE RESOLUTION
18. CORRECTIONS
19. DISCLAIMER
20. LIMITATIONS OF LIABILITY
21. INDEMNIFICATION
22. USER DATA
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
24. CALIFORNIA USERS AND RESIDENTS
25. MISCELLANEOUS
26. CONTACT US
1. OUR SERVICES
• Information provided via the Services is not intended for distribution or use where prohibited by law.
• The Services are not tailored to comply with industry-specific regulations (e.g., HIPAA, FISMA, GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
• All content, software, and marks on the Services are owned or licensed by us.
• We grant you a non-exclusive, non-transferable, revocable license to access the Services and download or print content for your personal or internal-business use only.
• No other use is permitted without our written permission.
3. USER REPRESENTATIONS
By using the Services you represent that:
1. You have the legal capacity to comply with these Terms;
2. You are not a minor;
3. You will not access the Services through automated means;
4. You will not use the Services for unlawful purposes;
5. Your use complies with all applicable laws.
4. PRODUCTS
All products are subject to availability. We may discontinue products or change prices at any time.
5. PURCHASES AND PAYMENT
Accepted payment methods: Visa, Mastercard, PayPal.
You agree to provide current, accurate purchase information. Prices are in USD. We reserve the right to refuse or limit any order.
6. REFUNDS POLICY
Please refer to our Refund Policy for full details.
7. SOFTWARE
Where a plugin is accompanied by an End-User License Agreement (EULA), the EULA governs. Otherwise, you receive a personal, non-transferable license. Software is provided “AS IS”.
8. PROHIBITED ACTIVITIES
You agree NOT to:
• Advertise or sell goods/services through the Services;
• Sell or transfer your profile;
• Reverse-engineer, decompile, or disassemble our software;
• Resell, share, or redistribute plugin files or licenses;
• Bypass security measures;
• Or engage in any other activity listed in this section.
9. USER GENERATED CONTRIBUTIONS
The Services do not presently allow users to submit or post content. If you ever create, submit, publish, or broadcast any content or materials (“Contributions”) through the Services, you represent and warrant that:
• Your Contributions do not infringe any third-party intellectual-property or privacy rights;
• You own or have all necessary licenses, rights, consents, and permissions to authorize us and other users to use your Contributions;
• You have the written consent of each identifiable individual in your Contributions to use their name or likeness;
• Your Contributions are not false, misleading, defamatory, harassing, obscene, hateful, or otherwise objectionable; and
• Your Contributions comply with all applicable laws and with these Legal Terms.
You are solely responsible for your Contributions and any loss or damage resulting from them.
10. CONTRIBUTION LICENSE
You grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and transferable license to host, use, reproduce, modify, publish, translate, create derivative works from, publicly display, and distribute any Contributions you submit. We do not claim ownership of your Contributions, but you grant us the rights described above. You agree that we may use any feedback or suggestions you provide without compensation to you.
11. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain links to third-party websites or display content belonging to third parties (“Third-Party Content”). We do not monitor or check such websites or content for accuracy or completeness and are not responsible for them. Your use of Third-Party Websites or Third-Party Content is at your own risk and subject to their own terms and policies.
12. SERVICES MANAGEMENT
We reserve the right (but not the obligation) to:
• Monitor the Services for violations of these Legal Terms;
• Take appropriate legal action against anyone who violates the law or these Terms;
• Refuse, restrict, or disable access to any user or content at our discretion;
• Remove or disable files or content that are excessive in size or burdensome to our systems; and
• Otherwise manage the Services to protect our rights and ensure proper operation.
13. PRIVACY POLICY
Data privacy and security are important to us. By using the Services, you agree to be bound by our Privacy Policy. The Services are hosted in the United States; by continuing to use them you consent to the transfer and processing of your data in the United States.
14. TERM AND TERMINATION
These Legal Terms remain in effect while you use the Services. We may deny access to, suspend, or terminate your use of the Services (including blocking IP addresses) for any reason, including breach of these Legal Terms. If your account is terminated, you may not register a new account under any name. Additional legal action may be taken where appropriate.
15. MODIFICATIONS AND INTERRUPTIONS
We may change, modify, suspend, or discontinue the Services (or any part of them) at any time without notice. We are not liable for any loss or harm caused by your inability to access or use the Services during downtime or following any discontinuance.
16. GOVERNING LAW
These Legal 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.
17. DISPUTE RESOLUTION
Informal Negotiations
The parties agree to 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 deemed 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; no class actions or representative actions are permitted.
Exceptions
The following disputes may be litigated in court: (a) enforcement or validity of intellectual-property rights; (b) allegations of theft, piracy, or unauthorized use; and (c) claims for injunctive relief.
Time Limit
No dispute may be brought more than one (1) year after the cause of action arose.
18. CORRECTIONS
Information on the Services may contain errors or omissions (including pricing and availability). We reserve the right to correct any errors and to update information at any time without notice.
19. DISCLAIMER
The Services are provided “AS IS” and “AS AVAILABLE.” To the fullest extent permitted by law, we disclaim all warranties—express or implied—including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be error-free, uninterrupted, or secure.
20. LIMITATIONS OF LIABILITY
In no event will we or our directors, employees, or agents be liable for any indirect, consequential, exemplary, incidental, special, or punitive damages (e.g., lost profits, loss of data). Our total liability to you for any cause will always be limited to the lesser of (a) the amount you paid us in the six (6) months preceding the claim, or (b) one hundred US dollars (US $100.00).
21. INDEMNIFICATION
You agree to defend, indemnify, and hold us (and our affiliates, officers, agents, partners, and employees) harmless from any loss, damage, or expense (including attorneys’ fees) arising out of: (1) your use of the Services; (2) your breach of these Legal Terms; (3) your violation of another’s rights; (4) any content you submit; or (5) any harmful act toward another user.
22. USER DATA
We may store certain data you transmit to the Services for operational purposes, but you are responsible for all data you transmit. We are not liable for any loss or corruption of such data.
23. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
You consent to receive electronic communications and agree that electronic signatures, contracts, orders, and records satisfy any legal requirement that such items be in writing.
24. CALIFORNIA USERS AND RESIDENTS
If a complaint with us 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 Legal Terms constitute the entire agreement between you and us. We may assign our rights at any time. If any provision is unlawful or unenforceable, the remaining provisions remain valid. No partnership or employment relationship is created by these Terms. You waive any defenses based on the electronic form of these Terms.
26. CONTACT US
Kumbengo Inc.
16192 Coastal Highway
Lewes, DE 19958, USA
info@kumbengo.com
