Terms of Service - Gypsy Wares

Effective Date: 10/1/2024

By purchasing any digital product or service from Gypsy Wares ("Company," "we," or "us"), you ("User," "Customer," "you") agree to be bound by the following Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you and Gypsy Wares. Please read these Terms carefully before proceeding with your purchase. If you do not agree to these Terms, do not purchase or use any digital products or services.

1. Digital Goods and Services

Gypsy Wares provides digital products and services that are 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 these Products, you acknowledge that:

  • You have reviewed the product or service description and fully understand what you are purchasing.
  • You agree that digital Products, due to their nature, are not eligible for returns or refunds except as outlined under applicable laws.

2. No Refunds Policy

All sales of digital products and services from Gypsy Wares are final. Due to 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 and understand the nature of the digital goods you are purchasing.
  • You agree that, due to the immediate access and delivery of digital products, all sales are final, and no refunds or exchanges will be issued.
  • You waive any and all rights to dispute or request a refund, regardless of dissatisfaction with the product or service.

3. Customer Responsibility

It is the sole responsibility of the Customer to ensure that the digital Products purchased meet their needs and compatibility requirements. By completing the purchase, you confirm that:

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

4. Chargebacks and Disputes

Initiating a chargeback or payment dispute in contradiction to this No Refunds Policy may result in immediate suspension or termination of your access to Gypsy Wares’ Products or services. In the event of a chargeback:

  • We reserve the right to provide documentation proving delivery and fulfillment of the purchased Product(s) and enforce this No Refunds Policy.
  • Any costs or fees associated with defending such disputes, including legal fees, will be the Customer’s responsibility.

5. Intellectual Property

All digital content and materials provided by Gypsy Wares are protected by applicable U.S. and international intellectual property laws, including copyright, trademark, and trade secret laws. By purchasing our Products, you agree that:

  • You are granted a non-transferable, non-exclusive, revocable license to use the digital Products solely for personal, non-commercial use.
  • You may not modify, share, resell, copy, redistribute, or create derivative works of any content provided without prior express written permission from Gypsy Wares.
  • Unauthorized use of our Products will result in immediate termination of this license and potential legal action.

6. Limitation of Liability

To the fullest extent permitted by law, Gypsy Wares and its affiliates, officers, employees, or agents will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your use of or inability to use the Products. This includes, but is not limited to:

  • Loss of revenue, data, or profits.
  • Damage to systems or devices.
  • Any other damages arising from the use of the Products.

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

7. Disclaimer of Warranties

All Products are provided on an "as is" and "as available" basis. To the fullest extent permissible by law:

  • We disclaim any and all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • We do not warrant that the digital Products will meet your specific requirements or expectations, or that they will be free of defects, interruptions, or errors.

8. Indemnification

You agree to indemnify, defend, and hold harmless Gypsy Wares, its affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including attorney fees, arising out of your use of the Products, your violation of these Terms, or your violation of any third-party rights, including but not limited to intellectual property rights.

9. Amendments and Modifications

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

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Michigan, without regard to its conflict of law principles.

11. Severability

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

12. Entire Agreement

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

Gypsy Wares