Terms of Service - Gypsy Wares

Effective Date:October 1, 2024

Welcome to Gypsy Wares ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our digital products, services, and applications (collectively, "Products"). By purchasing, accessing, or using any of our Products, you ("User," "Customer," or "you") agree to be bound by these Terms. If you do not agree to these Terms, please refrain from purchasing or using our Products.

1. Digital Goods and Services

Gypsy Wares provides digital products and services delivered electronically upon successful payment. These may include, but are not limited to, digital downloads, online courses, subscription-based services, and other digital content ("Products"). By purchasing or using these Products, you acknowledge and agree that:

  • You have reviewed the Product description and fully understand what you are purchasing.
  • You accept that digital Products, due to their nature, are not eligible for returns or refunds, except as required by applicable law.

2. No Refunds Policy

All sales of digital Products and services from Gypsy Wares are final. Given the intangible nature of digital goods:

  • No refunds, exchanges, or cancellations will be provided under any circumstances once the purchase has been completed.
  • By completing a purchase, you acknowledge and agree that you have fully reviewed the Product description, understand the nature of the digital goods you are purchasing, and accept that all sales are final.
  • You waive any rights to dispute or request a refund, regardless of your level of satisfaction with the Product or service, unless otherwise required by law.

3. Customer Responsibility

It is your sole responsibility to ensure that the digital Products purchased meet your needs and are compatible with your devices and software. By completing a purchase, you confirm that:

  • You possess the necessary knowledge, hardware, software, and any other tools required to access and use the digital Products.
  • Gypsy Wares makes no warranties or guarantees regarding the functionality, performance, or compatibility of the Products with your specific devices or systems.

4. Chargebacks and Payment Disputes

You agree that initiating a chargeback or payment dispute against Gypsy Wares contradicts these Terms and may result in:

  • Immediate suspension or termination of your access to Gypsy Wares’ Products or services.
  • We reserve the right to provide documentation proving delivery and fulfillment of the purchased Product(s) to the respective financial institution and to enforce this No Refunds Policy.
  • Any costs, fees, or expenses incurred by Gypsy Wares in defending such disputes, including legal fees, will be your responsibility.

5. Intellectual Property

All digital content and materials provided by Gypsy Wares, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, and software, are protected by applicable United States and international intellectual property laws. By purchasing and using our Products, you agree that:

  • Gypsy Wares grants you a limited, non-transferable, non-exclusive, revocable license to use the digital Products for your personal, non-commercial use only.
  • You may not reproduce, modify, distribute, display, transmit, publish, sell, license, create derivative works from, or use any content provided without our express written permission.
  • Unauthorized use of our Products will result in immediate termination of this license and may lead to legal action.

6. Prohibited Conduct

When accessing or using our Products, you agree not to:

  • Modify, reverse-engineer, decompile, or disassemble any part of our Products or attempt to do so.
  • Engage in any activity that could damage, disable, overburden, or impair the functionality of our application or service.
  • Use the Products to transmit any viruses, malware, or other malicious software.
  • Circumvent or attempt to circumvent any security features of the Products.
  • Use our Products for any unlawful, abusive, harassing, unethical, or fraudulent purpose.

7. Account Suspension and Termination

We reserve the right to suspend, terminate, or ban your account or access to our Products at any time, with or without notice, for any reason, including but not limited to:

  • Breach or violation of these Terms.
  • Engaging in prohibited conduct or any other misconduct that harms Gypsy Wares or other users.
  • Fraudulent or illegal activities associated with your use of the Products.

If your account is terminated, you will lose access to any Products or services associated with your account. No refunds or credits will be provided for any Product or service that is terminated under these circumstances.

8. Limitation of Liability

To the fullest extent permitted by law, Gypsy Wares and its affiliates, officers, employees, agents, licensors, and partners will not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of:

  • Your access to, use of, or inability to use our Products.
  • Any loss of revenue, data, or profits.
  • Any unauthorized access to or alteration of your transmissions or data.

Our total liability for any claim related to the use or purchase of our Products is strictly limited to the amount you paid for the relevant Product.

9. Disclaimer of Warranties

All Products and services provided by Gypsy Wares are provided on an "as is" and "as available" basis, without any warranties of any kind, express or implied. To the fullest extent permissible by law:

  • Gypsy Wares disclaims any and all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • We do not warrant that the digital Products will meet your specific requirements, be error-free, uninterrupted, or that any defects will be corrected.

10. Indemnification

You agree to indemnify, defend, and hold harmless Gypsy Wares and its affiliates, officers, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, expenses, and fees (including attorney’s fees) arising out of or related to:

  • Your use of the Products.
  • Your violation of these Terms.
  • Your violation of any third-party rights, including intellectual property or privacy rights.

11. Amendments and Modifications

Gypsy Wares reserves the right to amend or modify these Terms at any time, with or without notice. Any changes will become effective immediately upon posting to our website. It is your responsibility to review these Terms periodically. Your continued use of our Products following any changes indicates your acceptance of the revised Terms.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of laws principles. Any disputes arising out of or relating to these Terms or your use of our Products shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or to participate in a class action.

13. Severability

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

14. Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and Gypsy Wares regarding your purchase and use of our Products. This agreement supersedes any prior agreements or communications, whether written or oral, between you and Gypsy Wares.

Gypsy Wares