Terms of Service (TOS)

Last modified: 25 September, 2024


Welcome to CloudKitty! These Terms of Service ("TOS") govern your use of our website and services, including the purchase of licenses for audio files. By accessing or using our website, you agree to comply with and be bound by these TOS. If you do not agree with these TOS, please do not use our website.

1. Acceptance of Terms

By accessing and using cloudkitty.com (the "Website"), you accept and agree to be bound by the terms and provisions of this TOS. In addition, when using these particular services, you shall be subject to any posted guidelines or rules applicable to such services.

2. Changes to Terms

We reserve the right to modify, alter, or update these TOS at any time. Such modifications shall be effective immediately upon posting. Your continued use of the Website after the posting of changes constitutes your acceptance of such changes.

3. Description of Service

CloudKitty provides users with access to a variety of resources, including the purchase of licenses for audio files (the "Service"). You understand and agree that the Service may include advertisements and that these advertisements are necessary for CloudKitty to provide the Service. You also understand and agree that the Service may include certain communications fromCloudKitty, such as service announcements, administrative messages, and promotional updates.

4. User Conduct

You agree to use the Website and the Service only for lawful purposes. You agree not to take any action that might compromise the security of the Website, render the Website inaccessible to others, or otherwise cause damage to the Website or its content.

5. License Purchase and Use

By purchasing a license for an audio file, you agree to the terms of the corresponding license agreement (e.g., Personal Use, Silver, Gold, Platinum, Unlimited). You can review the licenses at The Licenses Page, incorporated into these terms by reference.

6. Payment Terms

All payments for licenses must be made in accordance with the payment terms specified on the Website. Payments must be made at the time of purchase, and all sales are final. We accept credit cards.

7. Intellectual Property

All audio files available for purchase on the Website are the property of CloudKitty! and are protected by intellectual property laws. You do not acquire any ownership rights in the audio files by purchasing a license. All rights not expressly granted in the license agreement are reserved by the Licensor.

8. Disclaimer of Warranties

The Website and the Service are provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, CloudKitty disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.

9. Limitation of Liability

In no event shall CloudKitty or anyone affiliated with it be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses, resulting from the use or the inability to use the Service.

10. Indemnification

You agree to indemnify and hold and CloudKitty! harmless from any claims, losses, damages, liabilities, including legal fees, arising out of your use or misuse of the Service, violation of these TOS, or infringement of any intellectual property or other right of any person or entity.

11. Termination

We reserve the right to terminate your access to the Website and the Service at our sole discretion, without notice and without liability, for any reason, including if we believe that you have violated these TOS.

12. Governing Law

These TOS and your use of the Website shall be governed by and construed in accordance with the laws of Lippstadt DE, without regard to its conflict of law principles.

13. Dispute Resolution

Any disputes arising under or in connection with these TOS shall be resolved through arbitration before resorting to legal action. Any legal action arising out of or relating to these TOS shall be filed only in the courts located in Nassau County, New York.

14. Return and Refunds Policy

THERE ARE NO RETURNS OR REFUNDS. If you did not receive a file you ordered, let us know on Discord or on the contact form in our contact page. We will make sure the file is delivered or issue a refund.

15. Miscellaneous

If any provision of these TOS is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these TOS and shall not affect the validity and enforceability of any remaining provisions.

16. Contact Information

If you have any questions about these TOS, please contact us on our contact page.

By using the Website, you acknowledge that you have read, understood, and agree to be bound by these TOS.