PLUGINS
Terms of Service
Effective Date: June 29, 2026
Brand: Gawergy / Gawergy Audio
Contact: gawergyaudio@atomicmail.io
These Terms of Service govern your access to and use of Gawergy, Gawergy Audio, our website, store pages, merchandise, physical products, audio plugins, software, license keys, digital downloads, free music downloads, updates, documentation, support, product images, marketing materials, affiliate/referral programs, and related services.
By visiting our website, purchasing a product, downloading a file, installing software, activating a license, redeeming a promo code, ordering merchandise, downloading music, joining an affiliate/referral program, or using any Gawergy product or service, you agree to these Terms.
If you do not agree, do not use our website, purchase products, download files, install software, activate licenses, redeem promo codes, order merchandise, download music, or use our services.
1. Who We Are
Gawergy is a music, merch, and digital product brand.
Gawergy Audio creates and distributes audio plugins, software downloads, license keys, updates, presets, documentation, and related digital products.
References to “Gawergy,” “Gawergy Audio,” “we,” “us,” or “our” include the brand, website, products, owners, operators, contractors, service providers, licensors, successors, and related business activities.
Contact:
Gawergy / Gawergy Audio
Email: gawergyaudio@atomicmail.io
2. Eligibility
You must be at least 18 years old, or the age of legal majority where you live, to purchase products from us.
If you are under the age of majority, you may only use our website, products, downloads, or store pages with permission from a parent or legal guardian.
If you purchase or use a product on behalf of a company, studio, school, label, organization, client, or other entity, you represent that you have authority to bind that entity to these Terms.
3. Products and Services Covered
Gawergy products and services may include:
Physical merchandise
Apparel, hats, accessories, and made-to-order products
Audio plugins
Software downloads
License keys
Trial versions
Promo codes
Free digital downloads
Free music downloads
Paid digital downloads
Updates
Documentation
Presets
Demo materials
Product images
Website content
Marketing content
Affiliate, referral, or creator programs
Support services
Related digital or physical products
Product details, availability, price, features, compatibility, size, color, delivery timing, download access, and supported formats may vary by product page and provider.
We may add, remove, modify, pause, discontinue, hide, rename, reprice, bundle, unbundle, or limit products at any time.
4. Product-Specific Terms
Some products may have additional terms, product-page notices, checkout terms, refund rules, license agreements, usage restrictions, or third-party provider terms.
If product-specific terms conflict with these Terms, the product-specific terms control for that product, unless the law requires otherwise.
For checkout, payment, taxes, fulfillment, shipping, delivery, returns, refunds, chargebacks, or platform-specific services handled by a third-party provider, that provider’s applicable terms may also apply.
5. Third-Party Platforms, Checkout, and Fulfillment
Purchases, downloads, payments, taxes, fraud checks, order fulfillment, shipping, customer support, returns, or digital delivery may be handled through third-party platforms, including Fourthwall, Lemon Squeezy, payment processors, fulfillment providers, shipping carriers, music platforms, analytics providers, email providers, cloud providers, or other authorized services.
Third-party providers may act as merchant of record, payment processor, fulfillment provider, tax provider, shipping provider, or platform provider.
We are not responsible for third-party websites, platforms, outages, policies, payment issues, tax calculations, fulfillment delays, shipping carrier issues, failed delivery, platform errors, support delays, security incidents, chargeback handling, or provider decisions, except where required by law.
Before purchasing or submitting information through a third-party platform, review that provider’s terms and privacy policy.
6. Merchandise and Physical Products
Gawergy merchandise may include apparel, hats, accessories, and other physical products.
Some merchandise may be produced to order. Made-to-order products are created after an order is placed and may not be eligible for cancellation, refund, return, or exchange except as required by law, allowed by the applicable refund policy, or approved by the fulfillment provider.
Product availability, production times, delivery estimates, and shipping times are not guaranteed.
You are responsible for providing accurate shipping information. We are not responsible for orders delayed, lost, returned, misdelivered, or undeliverable because of incorrect or incomplete shipping information, unavailable recipients, customs issues, shipping carrier issues, or circumstances outside our control.
International orders may be subject to customs, import duties, taxes, carrier fees, or delivery restrictions. You are responsible for any required customs duties, import fees, or taxes unless the checkout provider says otherwise.
7. Sizing, Color, Print, Embroidery, and Product Variation
Product images, mockups, size charts, colors, fit descriptions, measurements, print placement, embroidery placement, fabric texture, and lifestyle images are provided for general reference.
Actual merchandise may vary slightly due to production, garment sizing, material differences, print/embroidery methods, lighting, screen settings, fulfillment differences, manufacturing tolerance, or normal product variation.
You are responsible for reviewing the product page, size guide, color option, variant, and order details before purchasing.
We do not guarantee that colors, print scale, logo placement, embroidery texture, fabric tone, or fit will appear exactly the same in person as shown on your screen, except where required by law.
8. AI-Assisted, Edited, Synthetic, and Mockup Product Images
Some product images, lifestyle photos, mockups, ads, social posts, website visuals, or marketing materials may be AI-generated, AI-assisted, digitally edited, composited, retouched, generated from mockup tools, or otherwise enhanced.
These visuals are used for brand presentation, styling reference, product context, and marketing.
AI-assisted, synthetic, edited, or mockup-based images do not guarantee exact real-world product appearance, exact fit, exact color, exact scale, exact fabric texture, exact print placement, exact embroidery placement, exact model appearance, or exact final production outcome.
People shown in AI-assisted, synthetic, edited, or mockup-based product visuals are not necessarily real customers, reviewers, sponsors, endorsers, employees, affiliates, or purchasers unless expressly stated.
We do not intentionally create fake customer reviews, fake testimonials, fake endorsements, or fake claims of product experience.
Customer reviews and testimonials, if displayed, should reflect real customer feedback and should not be fabricated, AI-generated, or materially altered to misrepresent a customer’s actual experience.
9. No Guarantee of Product Results
Gawergy products are creative, lifestyle, music, apparel, and software products.
We do not guarantee any specific artistic, technical, financial, streaming, commercial, personal, professional, creative, social, or business result.
We do not guarantee that:
Merchandise will make you look a certain way
A product will fit your body exactly as shown on a model
A plugin will make your music louder, better, cleaner, more professional, or commercially successful
A free music download will be accepted by any platform
Your music will be signed, streamed, placed, licensed, approved, monetized, or commercially successful
Any product will meet your personal taste, style, workflow, aesthetic, or expectations
Any examples, demos, product descriptions, screenshots, images, videos, captions, audio demos, presets, marketing claims, or lifestyle visuals are for demonstration and informational purposes only. Results may vary.
10. Digital Products and Downloads
Digital products may include plugins, software, license keys, presets, sample materials, documentation, free downloads, music files, or other downloadable content.
Digital products may be delivered immediately after purchase, signup, redemption, or approval.
Once a digital product, plugin, license key, download link, music file, preset, or software file has been delivered, accessed, activated, redeemed, or downloaded, refunds, cancellations, or withdrawal rights may be limited except where required by law or stated in the applicable refund policy.
Where legally required, by requesting immediate access to digital content before the end of any statutory cancellation period, you consent to immediate delivery and acknowledge that you may lose cancellation or withdrawal rights once access, download, activation, or delivery begins.
11. Free Music Downloads
Unless a product page, license notice, or written agreement expressly says otherwise, free music downloads are provided for personal listening and personal, non-commercial use only.
You may not, without written permission from Gawergy:
Sell, resell, license, sublicense, or distribute the music
Upload the music to streaming platforms as your own
Register the music with Content ID or similar rights-management systems
Claim ownership of the music
Use the music in commercial videos, ads, films, games, apps, podcasts, streams, NFTs, paid projects, client projects, or sync placements
Remix, sample, interpolate, edit, stem-split, repackage, or create derivative works from the music
Use the music to train AI systems, generate derivative AI outputs, or create competing datasets
Remove artist names, credits, metadata, notices, tags, or copyright information
Use the music in a way that violates law, third-party rights, or platform rules
Free download does not mean copyright-free, royalty-free, public domain, or cleared for commercial use.
All rights not expressly granted are reserved.
12. Plugins and Software License
When you purchase, redeem, download, install, activate, or use a Gawergy Audio plugin or software product, you receive a limited, non-exclusive, non-transferable, revocable license to install and use the software according to these Terms.
You do not own the software.
Gawergy Audio and its licensors retain all rights, title, and interest in the software, code, DSP, interface, graphics, designs, names, logos, documentation, website content, images, audio demos, presets, and related intellectual property.
13. Permitted Plugin Use
Subject to these Terms, you may:
Install and use the purchased plugin on devices you personally own or control, within the activation limit
Use the plugin for personal music, commercial music, client work, production, mixing, mastering, sound design, and lawful audio work
Export, release, distribute, monetize, and commercially exploit music or audio you create using the plugin
Use the plugin in your own creative projects without owing Gawergy Audio royalties
You own your music, audio, recordings, projects, masters, stems, client work, and creative output.
Gawergy Audio does not claim ownership of music or audio you create using our plugins.
14. Activation Limits
Each paid plugin license allows activation on up to two devices unless the product page or a written agreement says otherwise.
Internet access may be required for first-time activation, license validation, promo code redemption, trial validation, activation reset, update check, anti-abuse check, or license recovery.
After successful activation, offline use may be available as long as the local activation remains valid and the license has not been refunded, revoked, disabled, expired, reset, chargebacked, abused, or otherwise invalidated.
Activation limits may be enforced through license keys, activation tokens, machine identifiers, device hashes, server validation, or other anti-abuse measures.
15. Trials, Promo Codes, Coupons, and Discounts
Trials, promo codes, coupons, discounts, early access, beta access, free licenses, and promotional offers are provided at our discretion.
They may be limited, disabled, revoked, changed, or expired at any time.
Promo codes and free access have no cash value, are not refundable, and may not be sold, traded, transferred, published, leaked, or abused.
We may disable or revoke licenses, promo access, downloads, trials, or activations associated with fraud, abuse, refunds, chargebacks, unauthorized sharing, cracking, bypass attempts, or violation of these Terms.
16. License Keys and Download Links
License keys, activation tokens, promo codes, private download links, trial access, update links, and account credentials are for the intended recipient only.
You may not share, sell, rent, transfer, publish, leak, trade, sublicense, distribute, mirror, upload, or resell license keys, promo codes, activation tokens, download links, plugin files, music downloads, presets, or private access links.
You are responsible for keeping your license keys, download links, account access, and purchase information secure.
17. Software Restrictions
You may not:
Share, sell, rent, transfer, sublicense, or resell a software license unless we approve it in writing
Distribute, upload, leak, mirror, torrent, or publicly share plugin files
Share license keys, activation tokens, promo codes, download links, purchase credentials, or trial access
Crack, bypass, disable, tamper with, or avoid activation or licensing systems
Reverse engineer, decompile, disassemble, inspect, extract, or attempt to access source code, except where applicable law does not allow this restriction
Modify the plugin to remove license checks, copyright notices, branding, security features, or usage restrictions
Circumvent technical protection measures
Use one individual license for a studio, company, team, school, shared workstation, or multiple unrelated users unless approved by us
Use the software in a way that violates law or third-party rights
Claim ownership of Gawergy Audio software, branding, designs, code, assets, or products
Use the website, checkout, licensing, activation, or download systems in a way that is abusive, automated, fraudulent, disruptive, or harmful
18. No License Transfers or Resales
Software license transfers and resales are not allowed unless we approve them in writing.
We may refuse transfer requests for any reason, including fraud prevention, abuse prevention, refund history, chargebacks, unauthorized resale, account security, licensing issues, or support burden.
This section does not prevent lawful resale of a physical merchandise item you legitimately purchased, but you may not reproduce, counterfeit, manufacture, dropship, or create derivative products using Gawergy intellectual property.
19. Updates and Future Versions
We may provide updates, bug fixes, improvements, compatibility updates, security changes, or new features at our discretion.
Unless stated otherwise, plugin purchases include updates for the same major version when available, such as 1.x updates for a 1.x product.
Future major upgrades, new products, new formats, expanded compatibility, additional features, cloud services, new plugin lines, or major redesigns may be free or paid at our discretion.
We are not required to provide updates forever, maintain compatibility with all future DAWs or operating systems, support discontinued systems, continue any specific feature, or release planned formats by a specific date.
20. Beta, Test, Preview, or Pre-Release Versions
If you receive access to a beta, test, preview, pre-release, prototype, demo, or experimental version, you understand that it may contain bugs, incomplete features, crashes, compatibility issues, missing features, unfinished design, incorrect behavior, or changes before final release.
Beta, test, preview, pre-release, prototype, demo, or experimental products are provided for evaluation and feedback only unless stated otherwise.
To the maximum extent permitted by law, we are not responsible for losses, corrupted sessions, lost work, client issues, missed deadlines, data loss, system problems, crashes, or business interruption caused by beta, test, preview, or pre-release software.
21. Compatibility
Supported systems, formats, DAWs, and compatibility requirements may be listed on the product page.
Compatibility may vary depending on:
Operating system
DAW or host application
Plugin format
Computer hardware
Audio interface
System settings
Third-party software
Third-party plugins
Security settings
Rosetta, Apple Silicon, Intel, Windows, or other architecture differences
Future DAW updates
Future operating system updates
Future security, signing, notarization, or plugin-validation changes
We are not responsible for problems caused by unsupported systems, unsupported DAWs, unsupported plugin formats, operating system changes, DAW changes, third-party plugins, user error, corrupted systems, incompatible hardware, or unauthorized modifications.
Before purchasing, you are responsible for checking the product page and confirming that your system is supported.
22. Support
Support is provided by email only unless we offer another support channel.
Support email:
Support may be limited to supported products, supported systems, and active license holders.
We may ask for information such as order email, license key status, product version, DAW, operating system, plugin format, screenshots, logs, crash reports, steps to reproduce an issue, order ID, or product photos.
We are not required to provide support for unsupported systems, modified plugin files, cracked copies, shared licenses, revoked licenses, refunded licenses, chargebacked purchases, expired access, products obtained from unauthorized sources, unauthorized resellers, user-created modifications, or issues outside our control.
23. User-Submitted Materials
If you send us emails, screenshots, crash logs, diagnostic files, audio files, stems, presets, DAW sessions, project files, product photos, videos, reviews, feedback, comments, suggestions, or other materials, you represent that you have the right to send them and that they do not violate law or third-party rights.
Do not send confidential, sensitive, unreleased, client-owned, private, or third-party materials unless necessary for support.
By submitting materials to us, you grant us a limited right to use them to respond to your request, provide support, investigate issues, troubleshoot bugs, improve products, prevent fraud, protect security, enforce these Terms, and comply with legal obligations.
We will not intentionally use private support materials as public marketing, public testimonials, AI training data, ads, or product images without permission.
24. Feedback and Ideas
If you send us ideas, suggestions, feature requests, bug reports, design feedback, product concepts, plugin concepts, marketing ideas, or other feedback, you grant us the right to use, modify, publish, implement, commercialize, or ignore that feedback without payment, credit, restriction, or obligation to you.
Do not send ideas that you expect to keep confidential or that you expect to be paid for unless we have a separate written agreement.
25. Reviews, Testimonials, and Endorsements
If you submit a review, testimonial, comment, social post, message, rating, or endorsement, you represent that it reflects your honest opinion and actual experience.
We may display, quote, repost, edit for length or grammar, or use reviews and testimonials for marketing, provided we do not materially misrepresent your experience.
We may remove, decline, or refuse to publish reviews that are fake, abusive, irrelevant, misleading, spam, unlawful, infringing, or violate platform rules.
We do not knowingly buy, sell, create, or publish fake reviews or fake testimonials.
If you received a free product, discount, payment, commission, affiliate benefit, or other incentive in exchange for content, you must clearly disclose that relationship where legally required.
26. Affiliate, Referral, and Creator Programs
If we offer an affiliate, referral, creator, ambassador, or partner program, your participation may be subject to additional program terms.
You may not:
Spam referral links
Use misleading claims
Use fake reviews
Use fake accounts
Self-refer unless allowed
Create fraudulent traffic or conversions
Misrepresent your relationship with us
Imply employment, sponsorship, endorsement, or official partnership unless approved
Bid on protected brand terms in ads unless allowed
Use our logos, product images, music, or trademarks outside approved materials
Make unsupported claims about products
Hide required sponsorship or affiliate disclosures
We may deny, reverse, delay, reduce, or cancel commissions associated with fraud, chargebacks, refunds, self-referrals, policy violations, suspicious activity, or abuse.
We may suspend or terminate affiliate/referral access at any time.
27. Payments, Taxes, and Pricing
Payments may be processed by Fourthwall, Lemon Squeezy, payment processors, merchant-of-record providers, or other authorized checkout providers.
By purchasing, you may also be subject to the checkout provider’s terms, privacy policy, payment rules, refund rules, tax handling, fraud checks, and chargeback process.
Prices, taxes, discounts, coupons, promotions, availability, product offerings, and shipping costs may change at any time.
We are not responsible for payment processor delays, card issuer delays, bank issues, currency conversion fees, foreign transaction fees, tax calculations, failed payments, checkout outages, or checkout provider errors, except where required by law.
28. Refunds, Returns, Exchanges, and Cancellations
Refunds, returns, exchanges, and cancellations are governed by the applicable Refund Policy, product page, checkout provider policy, fulfillment provider policy, and applicable law.
Different rules may apply to:
Made-to-order merchandise
Physical products
Damaged or defective products
Wrong-size orders
Buyer’s remorse
Digital downloads
Plugin licenses
Free downloads
Trial access
Promo codes
Bundles
Sale items
Limited edition items
International orders
If a software or digital-product refund is issued, your license may be deactivated, activation tokens may be revoked, download access may be disabled, and you must stop using and uninstall the refunded product.
If a merchandise refund, replacement, or return is approved, you may be required to provide photos, order details, product condition information, or return the item.
We may refuse refunds, returns, exchanges, or replacements where there is abuse, fraud, repeated excessive claims, chargeback history, product misuse, missing evidence, failure to follow instructions, or where the applicable policy does not allow it.
Nothing in these Terms limits refund, return, cancellation, or consumer rights that cannot legally be waived.
29. Chargebacks and Payment Disputes
If you have an issue with a purchase, contact us first at:
Chargebacks, payment disputes, fraudulent purchases, unauthorized payment activity, or abuse of the payment system may result in:
License suspension
License revocation
Download access removal
Order cancellation
Refusal of future purchases
Refusal of support
Fraud review
Blocking future transactions
Reporting to the payment processor or platform
If a chargeback or dispute is resolved in your favor, your access may remain revoked unless required by law or restored by us in writing.
30. Intellectual Property
All Gawergy and Gawergy Audio software, code, DSP, user interfaces, designs, logos, names, trademarks, service marks, graphics, clothing designs, product images, mockups, website content, photography, AI-assisted visuals, marketing materials, music, recordings, audio demos, videos, presets, documentation, text, layout, and related materials are owned by us or our licensors.
You may not copy, distribute, modify, imitate, scrape, reproduce, counterfeit, manufacture, print, embroider, resell as new merchandise, reverse engineer, republish, upload, mirror, train AI systems on, or create derivative works from our intellectual property except as expressly allowed by these Terms or by law.
Buying merchandise does not give you the right to reproduce the design.
Downloading music does not give you the right to commercially exploit the music.
Buying a plugin does not give you ownership of the software.
31. Trademarks and Brand Use
You may not use the Gawergy name, Gawergy Audio name, logos, symbols, product names, artwork, merch designs, screenshots, product images, or brand assets in a way that implies sponsorship, endorsement, partnership, employment, affiliation, resale authorization, or official status without written permission.
You may not register domains, usernames, social accounts, apps, products, stores, ads, or trademarks that impersonate, imitate, confuse with, or misuse the Gawergy brand.
32. Copyright Complaints
If you believe content on our website or store infringes your copyright, contact us at:
Your message should include:
Your name and contact information
A description of the copyrighted work
The allegedly infringing material
Where the material appears
A statement that you have a good-faith belief the use is unauthorized
A statement that the information is accurate
Your physical or electronic signature
We may remove or disable content we believe may infringe third-party rights.
33. Acceptable Use
You may not use our website, products, downloads, checkout, licensing system, support, or services to:
Violate law
Violate third-party rights
Commit fraud
Abuse refunds, trials, promo codes, licenses, or chargebacks
Upload malware
Scrape, crawl, or harvest data without permission
Attack, overload, disrupt, or interfere with systems
Attempt unauthorized access
Reverse engineer protected systems
Send spam
Impersonate others
Misrepresent affiliation
Harass, threaten, abuse, or defame others
Circumvent security, licensing, payment, or access controls
Use bots, scripts, or automation in an abusive way
Resell unauthorized access
Launder payments or evade sanctions
We may block, suspend, revoke, refuse, or terminate access for violations.
34. Third-Party Rights and Your Content
You are responsible for your own music, content, uploads, projects, business activities, client work, releases, samples, vocals, artwork, videos, social posts, and use of our products.
You are responsible for clearing rights in any third-party materials you use, including samples, acapellas, loops, melodies, stems, vocals, recordings, artwork, names, trademarks, likenesses, and client materials.
We are not responsible for your failure to clear rights, platform takedowns, copyright claims, Content ID claims, sync issues, label disputes, client disputes, publishing disputes, licensing disputes, or royalty disputes arising from your own work.
35. Export Controls and Sanctions
You may not purchase, download, access, export, re-export, or use our software, digital products, downloads, or services in violation of U.S. export control laws, sanctions, or other applicable trade restrictions.
You represent that you are not located in, under the control of, or a national or resident of any country, region, entity, or person subject to restrictions that would prohibit access under applicable law.
We may block or refuse transactions where required for legal, sanctions, fraud, or security reasons.
36. Privacy
Your use of our website, products, downloads, checkout, store pages, license systems, and support may involve collection and processing of information.
Our Privacy Policy explains how information may be collected, used, shared, and retained.
By using our products and services, you agree to the Privacy Policy.
If these Terms and the Privacy Policy conflict, the Privacy Policy controls for privacy-specific issues, and these Terms control for contractual, licensing, product, refund, and usage issues.
37. Electronic Communications
By purchasing, downloading, activating, signing up, contacting support, or using our products, you agree that we and our providers may send you transactional communications, including receipts, order updates, shipping updates, download links, license information, activation notices, refund updates, support replies, security notices, policy updates, and service messages.
Marketing emails will only be sent where permitted by law or where you have provided required consent. You may unsubscribe from marketing emails, but transactional messages may still be sent when necessary.
38. Termination and Revocation
We may suspend, disable, revoke, block, refuse, or terminate your license, order, download access, trial access, promo access, affiliate access, support access, or website access if you:
Violate these Terms
Share, resell, leak, crack, bypass, or abuse products
Misuse license keys, promo codes, downloads, or trials
Submit fraudulent purchases
Abuse refunds, returns, exchanges, or chargebacks
Use unauthorized, modified, or cracked copies
Violate third-party rights
Use our systems in a harmful, abusive, automated, fraudulent, or disruptive way
Create risk for us, our customers, our providers, or our business
Engage in behavior we reasonably believe is unlawful, abusive, or harmful
After termination or license revocation, you must stop using and uninstall the affected software and stop accessing affected downloads or services.
Termination does not limit our right to enforce these Terms or pursue other remedies.
39. Disclaimers
To the maximum extent permitted by law, Gawergy products, merchandise, plugins, software, music downloads, website, store pages, checkout, product images, AI-assisted visuals, mockups, downloads, license systems, support, documentation, affiliate systems, and related services are provided “as is” and “as available.”
To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, uninterrupted operation, error-free operation, compatibility, security, accuracy, availability, product appearance, product fit, software performance, artistic outcome, commercial outcome, and platform acceptance.
We do not guarantee that:
Products will meet your personal taste or expectations
Merchandise will match images exactly
Product images will show exact color, size, placement, fit, material, scale, or texture
A plugin will work with every DAW, system, host, or future update
A plugin will be uninterrupted, error-free, crash-free, or bug-free
A download link, checkout, license system, website, store page, or support channel will always be available
Any defect will be corrected by a specific date
Your projects, sessions, presets, files, settings, audio, or client work will be protected from user error, crashes, conflicts, third-party issues, or system problems
Any future format, feature, update, operating system support, DAW support, product, or merch item will be released by a specific date
Any product will lead to money, streams, followers, bookings, placements, signings, approvals, or business results
Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.
40. Limitation of Liability
To the maximum extent permitted by law, Gawergy will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, including:
Lost profits
Lost revenue
Lost business opportunities
Lost clients
Lost data
Lost audio
Lost projects
Corrupted DAW sessions
Missed deadlines
Failed releases
Business interruption
Studio downtime
Client disputes
Platform takedowns
Copyright claims
Content ID claims
Shipping delays
Delivery failures
Customs delays
Product variation
Sizing issues
Screen color differences
Cost of replacement software
Cost of re-recording, remixing, remastering, recreating, replacing, or reshipping work
Damage caused by DAW crashes, host issues, system conflicts, third-party plugins, operating system changes, payment processor issues, fulfillment provider issues, or shipping carrier issues
Any damages arising from use or inability to use the website, store, checkout, activation, licensing, downloads, products, merchandise, software, music, support, or services
To the maximum extent permitted by law, our total liability for any claim related to a product, purchase, license, order, download, activation, website visit, support interaction, merchandise order, free music download, affiliate program, or these Terms will be limited to the amount you paid for the specific product or order giving rise to the claim.
If the claim relates to a free product, free download, free trial, free music download, promo code, or unpaid access, our total liability will be limited to one hundred U.S. dollars, to the maximum extent permitted by law.
Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.
41. Indemnification
To the maximum extent permitted by law, you agree to indemnify, defend, and hold harmless Gawergy from any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from:
Your use or misuse of the website, products, downloads, software, music, merchandise, or services
Your violation of these Terms
Your violation of law
Your violation of third-party rights
Your content, music, audio, projects, releases, samples, videos, client work, social posts, ads, or commercial activities
Your sharing, resale, cracking, bypassing, or unauthorized distribution of software or digital products
Your misuse of free music downloads
Your unauthorized use of Gawergy intellectual property
Your use of unsupported systems or modified software
Your use of cracked, unauthorized, or improperly obtained copies
Your abuse of refunds, returns, chargebacks, trials, promo codes, affiliate links, or downloads
Your submissions, feedback, files, or support materials
We reserve the right to control the defense of any claim subject to indemnification, and you agree to cooperate with us.
42. Force Majeure
We are not responsible for delays, failures, or losses caused by events outside our reasonable control, including natural disasters, fires, floods, pandemics, war, terrorism, labor disputes, supply-chain problems, shipping carrier delays, customs delays, payment processor outages, internet outages, hosting outages, platform outages, fulfillment provider issues, cyberattacks, government actions, legal restrictions, or third-party service failures.
43. Informal Dispute Resolution
Before filing a claim, you agree to contact us at:
Your message should include your name, order email, product, issue, requested resolution, and relevant details.
You agree to give us a reasonable opportunity to resolve the dispute informally.
This section does not limit either party’s right to seek urgent relief where legally allowed.
44. Individual Claims, Class Action Waiver, and Jury Trial Waiver
To the maximum extent permitted by law, you and Gawergy agree that disputes must be handled only on an individual basis and not as part of a class, collective, consolidated, private attorney general, or representative action.
To the maximum extent permitted by law, you and Gawergy waive any right to a jury trial for disputes relating to these Terms, products, purchases, downloads, licenses, support, orders, merchandise, software, music, website use, or services.
Some jurisdictions do not allow class action waivers, representative action waivers, or jury trial waivers, so some of this section may not apply to you.
45. Governing Law and Venue
These Terms are governed by the laws of the State of California, United States, without regard to conflict of law rules.
To the maximum extent permitted by law, any dispute relating to these Terms, the website, products, purchases, licenses, downloads, software, music, support, merchandise, store pages, or services will be handled in the state or federal courts located in California.
You consent to personal jurisdiction and venue in those courts.
46. Consumer Rights
Nothing in these Terms limits rights that cannot legally be waived under applicable consumer protection, ecommerce, privacy, digital content, product safety, warranty, refund, cancellation, or unfair contract laws.
If any part of these Terms is found unenforceable, the remaining parts will remain in effect to the maximum extent permitted by law.
47. Assignment
You may not assign or transfer your rights or obligations under these Terms without our written permission.
We may assign or transfer these Terms, in whole or in part, as part of a merger, acquisition, sale, reorganization, asset transfer, business transfer, financing, bankruptcy, change of control, or operation of law.
48. No Waiver
Our failure to enforce any part of these Terms does not waive our right to enforce that part later.
Any waiver must be in writing to be effective.
49. Entire Agreement
These Terms, together with the Privacy Policy, Refund Policy, product-specific terms, license notices, and checkout terms, form the agreement between you and us regarding your use of our website, products, downloads, software, music, merchandise, and services.
50. Changes to These Terms
We may update these Terms from time to time.
The updated version will be posted on our website, and the Effective Date will reflect the latest update.
If we make material changes, we may provide additional notice where appropriate.
Continued use of the website, store, products, downloads, software, music, merchandise, or services after updated Terms are posted means the updated Terms apply to future interactions.
51. Contact
For questions about these Terms, contact:
Gawergy / Gawergy Audio
Email: gawergyaudio@atomicmail.io