Terms of Service

updated May 25th 2018

These terms of service (“Terms of Service”) constitutes a legal agreement between you and Kuassa Teknika, PT, JL. Sukasenang V No.14, Bandung, Indonesia. (“KUASSA”). Throughout the site, the terms “we”, “us” and “our” refer to Kuassa. Kuassa offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

A breach or violation of any of the Terms will result in an immediate termination of your Services.

General Conditions

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always SSL encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Products provided through the Service are licensed (or otherwise provided for your use) and not sold to you (save for hardware, accessories etc.). KUASSA reserves all other rights not expressly granted in the Terms of Service.

In order to access certain features or services provided through the Service, you may be required to provide information about yourself; such as your name, address, age and billing details. You agree that any such information you provide to KUASSA will always be accurate, complete and current at all times. Certain features or services may also require you to open a user account. You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your password. You agree to notify Kuassa immediately of any unauthorized use of your account or password.

You agree that our Privacy Policy applies to your use of the Service and that KUASSA may store and use your personal information in accordance with the policy in order to provide, analyze, administer, enhance, update and personalize our services and marketing efforts, to process your registration, your orders and your payments, and to communicate with you on these and other topics and further revision(s) on this page which requires you to check again regularly.

You agree that KUASSA own all rights to the Service and the Products available through the Service, including without limitation all applicable intellectual property rights. Intellectual property rights include, without limitation, copyright, trademark rights, patent rights, design rights, trade secrets, know-how and any and all other proprietary rights worldwide.

You agree that you will not: (i) copy, sell, license, transfer, modify, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the website or the Products, to the maximum extent permitted by applicable law, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (for example digital rights management or forward-lock functionality) in the Service or the Products, (iii) use the Products to access, copy, transfer, transcode or retransmit content in violation of any law or third-party rights, or (iv) remove, obscure, or alter KUASSA’s or any third-party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within the Service or the Products.

Refund Policy

We offer fully-functional, free trials with no time limit on all of our Plugins for you to test before you buy them so please make sure that you are already firm with your purchase.

Nevertheless, you may request a full refund on your purchase within 20 days of the initial purchase date by contacting us via support@kuassa.com

Payment and Taxes

Kuassa currently accepts MasterCard, Visa, debit cards and wire-transfer as well as payments via the Paypal as long as it supported via KUASSA’s payment processor; Bright Market, LLC d/b/a FastSpring. 801 Garden St., Santa Barbara, CA 93101 United States of America. The customer agrees to pay all applicable fees and charges (including any applicable taxes). All prices are unit prices.

You agree to comply with any and all applicable tax laws; including the reporting and payment of any additional taxes arising in connection with your use of the Service or the purchase or utilization of Products through the Service, and that the reporting and payment of any such applicable taxes are your responsibility.

Terms on License Transfer

You may transfer/sell your currently owned KUASSA plug-ins license, in exception of Rack Extension versions which are fully managed by Propellerhead Software, Hornsbruksgatan 23, 11734 Stockholm, Sweden. The terms on the License Transfer of KUASSA plug-ins are as follows: (i) All of your plug-ins version of KUASSA products, namely for VST, VST3, Audio Unit, AAX, or Standalone plug-ins format purchased from our website or selected resellers can be transferred for a single time, thus any second hand licenses obtained elsewhere cannot be resold or transferred. (ii) You are not allowed to use the plug-in anymore after your license has been transferred to the new owner and your old License File will be erased and blocked to receive any future product updates. (iii) The new owner get a new license generated manually by KUASSA. (iv) The new user will receive full service, support and receive future updates. (v) Only transfers of current product versions are permitted. i.e. you can’t transfer version 2.x.x while you have product license of version 1.x.x. (vi) You agree to pay a fee which covers our efforts in transferring the license as well as support for the new licensee.

Website Usage

You may view, download for selected products for demo / trial or for caching purposes only, and print pages from the website, provided that:

(a) you must not republish material from this website (including republication on another website), or reproduce or store material from this website without written permission from us

(b) you must not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit our website or material on our website for a commercial purpose, without our express written consent;

The kuassa.com website contains information, advice, text, and other materials that are provided for your convenience and enjoyment. You should be aware that the information might contain errors, omissions, inaccuracies, or outdated information. Kuassa.com makes no representations or warranties as to the completeness, accuracy, adequacy, currency, or reliability of any information and shall not be liable for any lack of the foregoing. Descriptions of, or references to, products within this Site does not imply endorsement of that product.

Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless KUASSA, its affiliates and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorney fees) arising out of or accruing from your use of the Service, including your downloading, uploading, installation, or use of any Products or Content, or your violation of these Terms of Service.

Termination

These Terms of Service will continue to apply until terminated by you or KUASSA. Please note that a license to Content that you have uploaded cannot be terminated with retroactive effect and that your license still applies to use of Content uploaded before such termination.

If you want to terminate these Terms of Service, you may do so by notifying KUASSA and ceasing your use of the Service and any Product (other than hardware and tangible items) and content obtained (if any) through the Service.

KASSA may at any time terminate these Terms of Service with you if (i) you have breached any provision of these Terms of Service; (ii) if KUASSA is required to do so by law; or (iii) if KUASSA decides to no longer provide the Service.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICE AND ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE, IS AT YOUR SOLE RISK AND THAT THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES TERMS AND CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WITH RESPECT TO ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE AS WELL AS THE SERVICE ITSELF, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THESE TERMS OF SERVICE CANNOT CHANGE.

YOUR USE OF THE SERVICE AND ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR OTHER DEVICE, OR LOSS OF DATA THAT RESULTS FROM SUCH USE.

LIMITATIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT KUASSA AND ITS SUBSIDIARIES AND AFFILIATES SHALL NOT BE LIABLE TO YOU UNDER ANY THEORY OF LIABILITY (WHETHER CONTRACT, TORT INCLUDING NEGLIGENCE OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, LOSS OF INCOME, BUSINESS OR PROFITS THAT MAY BE INCURRED BY YOU THROUGH YOUR USE OF THE SERVICE OR ANY PRODUCTS OR CONTENT DOWNLOADED OR OTHERWISE OBTAINED FROM THE SERVICE, INCLUDING ANY LOSS OF DATA. IN ANY EVENT, KUASSA ́S LIABILITY SHALL NEVER EXCEED ONE HUNDRED (100) USD.

Nothing in the Terms of Service will affect the statutory rights of any consumer nor exclude the liability of KUASSA, its subsidiaries or affiliates for: (i) death and personal injury caused by negligence; (ii) fraudulent misrepresentation; or (iii) any other liability which cannot be limited by applicable law.

Revision

We may revise these terms and conditions from time-to-time. Please check this page regularly to ensure you are familiar with the current version.

Entire agreement

These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

This notice will be governed by and construed in accordance with Indonesian law, and any disputes relating to this notice shall be subject to the exclusive jurisdiction of the courts of Indonesia.

CONTACT

The full name of our company is Kuassa Teknika, PT and our address is:

Kuassa Teknika, PT

JL. Dipatiukur no.71a

Bandung 4032

West Java, Indonesia.

Telephone: +62 22 7214855