Terms and Conditions

These Terms and Conditions govern your transactions with Lemon Squeezy, the merchant of record for the digital audio sample packs and sounds (collectively “products”) you are purchasing through our website, PulseFabriq.com. By completing a purchase, you expressly acknowledge and agree to be bound by these Terms and Conditions. It is your sole responsibility to review these terms carefully before making a purchase. If you do not agree to be bound by all provisions, please do not complete a purchase.

As merchant of record, Lemon Squeezy is an authorized reseller of the products for the Supplier and provides merchant services to facilitate transactions. The Supplier is the entity whose products you are purchasing. This means you purchase the products from Lemon Squeezy, but the products are licensed to you by the Supplier.

Contract Formation

By submitting an order through PulseFabriq.com, you acknowledge and agree that this constitutes a lawful and valid “click-wrap” agreement. Prior to submitting an order, the website will present a message requiring you to affirmatively manifest your assent to these Terms and Conditions by clicking an icon or checking a box indicating that you have read, understood, and agree to be bound by these Terms. You cannot proceed with the order process or submit an order unless you affirmatively indicate your acceptance. By clicking the box and submitting your order, you enter into a binding legal contract with Lemon Squeezy.

No Refund Policy

All sales are final. PulseFabriq.com does not offer refunds or exchanges for any purchased products, including digital audio sample packs and sounds. By completing a purchase, you acknowledge and agree that no refunds will be provided under any circumstances, including but not limited to dissatisfaction with the product, technical issues, or changes in personal circumstances. This policy is in place to prevent fraud and protect the integrity of our digital products.

Waiver of Warranty and Limitation of Liability

Your use of Lemon Squeezy’s services is at your sole risk. The services and products are provided on an “as is” and “as available” basis. Lemon Squeezy expressly disclaims all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

Lemon Squeezy makes no warranty that the products or services will meet your requirements or expectations, be uninterrupted, timely, secure, error-free, or free of viruses or malware. Any material downloaded or obtained through the use of the services is accessed at your own risk, and you will be solely responsible for any damage to your computer systems or devices resulting from such use.

Lemon Squeezy’s entire liability for any claims arising out of these Terms or your use of the services shall be limited to the amount you paid for the product. In no event shall Lemon Squeezy, its directors, officers, employees, affiliates, agents, contractors, or suppliers be liable for any special, punitive, incidental, indirect, or consequential damages, including but not limited to loss of use, data, or profits, whether or not Lemon Squeezy has been advised of the possibility of such damages.

Any legal action arising from alleged failure, malfunction, or defects in Lemon Squeezy’s services must be brought within one (1) year of the occurrence, or it is deemed waived. If you are dissatisfied with these Terms or the services, your sole remedy is to stop using the services.

Some jurisdictions may prohibit the exclusion or limitation of liability for certain damages, and such exclusions may not apply to you.

Billing and Electronic Signatures

You agree to pay the purchase price and any applicable taxes when due as consideration for Lemon Squeezy’s provision of the products. The website offers various payment options, such as credit card, debit card, or other methods, as specified during the checkout process. By submitting an order, you will be required to provide your electronic signature by typing your name or checking a box, verifying that your name, address, and billing information are correct and that you agree to be bound by these Terms.

Lemon Squeezy may rely on your electronic signature as confirmation of your agreement to purchase the products and be bound by these Terms, as sanctioned by the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Commerce Act.

Transaction Confirmation

Lemon Squeezy will confirm receipt of your order by sending an order confirmation to the email address you provide. Please allow a commercially reasonable time for processing and transmission of the confirmation email. You are responsible for ensuring that the email address provided is accurate and that emails from Lemon Squeezy are not blocked by spam filters.

Digital Content and Usage Rights

The products sold on PulseFabriq.com are digital audio sample packs and sounds provided in electronic form via download. Unless otherwise specified in the product description, PulseFabriq.com grants you a non-exclusive, non-transferable, worldwide, perpetual license to use the purchased products for private or commercial purposes, such as music production, provided such use complies with these Terms.

You may not: - Transfer, sell, or sublicense the products to third parties. - Make copies of the products for third parties outside the scope of these Terms. - Use the products in any way that violates applicable laws or these Terms.

The granting of usage rights becomes effective only upon full payment of the purchase price. PulseFabriq.com may allow provisional use of the products before full payment, but such provisional permission does not constitute a transfer of rights.

AI Usage Restrictions

The use of PulseFabriq’s products for AI learning, including but not limited to uploading samples or sounds to AI-generating online services, is strictly prohibited without prior written consent from the Supplier.

Payment and Taxes

Lemon Squeezy will charge your chosen payment method, including any applicable taxes based on the tax jurisdiction of the transaction. Prices are inclusive of statutory value-added tax where applicable. For transactions outside the European Union, additional costs (e.g., bank transfer fees or exchange rate fees) may apply, which are your responsibility.

You agree to receive all invoices and receipts in electronic format via email. You must ensure that the information you provide (e.g., billing and contact details) is accurate and up-to-date. Lemon Squeezy is not responsible for non-delivery of products due to incorrect information provided by you.

Chargebacks

If you believe there is an issue with a payment, you agree to contact PulseFabriq.com directly before initiating a chargeback or dispute with your bank or card issuer. If you initiate a chargeback without merit or legitimate reason (as determined by PulseFabriq.com at its sole discretion), PulseFabriq.com reserves the right to prohibit you from making future purchases or to assess a liquidated damage fee of €100 EUR per incident.

Failure to Comply

If you fail, or PulseFabriq.com suspects you have failed, to comply with any provision of these Terms, PulseFabriq.com may, without notice: - Terminate this agreement, with you remaining liable for all amounts due up to the date of termination. - Terminate your license to use the products. - Assess a liquidated damage fee of €100 EUR per incident.

Intellectual Property

All content and materials on PulseFabriq.com, including but not limited to audio samples, logos, trade names, and website content, are protected by international copyright, trademark, and other intellectual property laws. Unauthorized use of any content or materials without prior written permission from the Supplier or Lemon Squeezy is strictly prohibited and may result in liability.

If you suspect any copyright or trademark infringement, please notify PulseFabriq.com at the contact information provided below.

Digital Millennium Copyright Act

If you are a copyright holder and believe any content on PulseFabriq.com infringes your copyright, please send a notification of claimed infringement to PulseFabriq.com, including: - Details of the copyrighted work, including title, author, and registration number(s). - Information to identify the allegedly infringing material (e.g., URL or file name). - Your contact information (address, phone number, email). - A statement of good faith belief that the use is not authorized. - A statement, under penalty of perjury, that the information is accurate and you are authorized to act on behalf of the copyright owner. - Your signature.

PulseFabriq.com may remove or block the identified materials upon receipt of a valid notice.

Modification of Terms or Services

PulseFabriq.com reserves the right to modify these Terms at any time. The latest version will be available on PulseFabriq.com. PulseFabriq.com also reserves the right to suspend or discontinue the services (or any part thereof) at any time, with or without notice, and will not be liable for exercising such rights.

Governing Law

This agreement is governed by the laws of The Netherlands, excluding the United Nations Convention on Contracts for the International Sale of Goods. You expressly submit to the jurisdiction of the courts in The Netherlands, which shall be the sole venue for resolving disputes arising from this agreement or your transactions with PulseFabriq.com. For consumers, this choice of law applies unless mandatory provisions of your country of residence provide otherwise.

Force Majeure

PulseFabriq.com shall be excused from liability for failure to perform obligations due to events beyond its reasonable control, including but not limited to labor disturbances, war, fire, adverse weather, governmental acts, epidemics, pandemics, or other similar events.

Privacy

PulseFabriq’s Privacy Policy, managed by PulseFabriq.com, is available on our website and governs the collection and use of your personal information.

Contact

For inquiries or issues related to your purchase, please contact:

PulseFabriq
office@pulsefabriq.com

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