These Terms and Conditions ("Terms") govern your access to and use of the Kinetic Audio Innovations platform ("Service"), including our website at lyrekos.com and all related services, software, and applications. By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our Service.
Please read these Terms carefully before using our Service.
1. Definitions
"Company," "we," "us," or "our" refers to Kinetic Audio Innovations and its affiliates.
"User," "you," or "your" refers to any individual or organization that accesses or uses our Service.
"Service" refers to the Kinetic Audio platform, including all software, applications, features, and functionality provided by us.
"Content" refers to any audio, video, text, graphics, or other materials uploaded, transmitted, or shared through the Service.
"Session" refers to a synchronized audio event hosted on the Kinetic Audio platform.
2. Acceptance of Terms
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
We reserve the right to modify these Terms at any time. We will notify users of material changes via email or through the Service. Your continued use of the Service after such modifications constitutes your acceptance of the updated Terms.
3. Eligibility
You must be at least 13 years of age to use the Service. If you are between 13 and 18 years of age, you must have permission from a parent or legal guardian to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.
Organizations using the Service represent that they are legally authorized to enter into these Terms and that all users accessing the Service through their organization account comply with these eligibility requirements.
4. Account Registration and Security
4.1 Account Creation
To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update your information as necessary to maintain its accuracy.
4.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account credentials.
4.3 Organization Accounts
Organizations may create multi-user accounts. The organization administrator is responsible for managing user access, permissions, and ensuring that all users comply with these Terms. Organizations are liable for all actions taken by users under their account.
5. Service Description
Kinetic Audio provides a platform for synchronized, low-latency audio collaboration over standard internet connections. The Service enables real-time group singing, music rehearsal, worship, and other collaborative audio experiences.
Features of the Service include, but are not limited to:
· Synchronized audio streaming with sub-20ms latency
· Video streaming capabilities for session leaders
· Session management and event control interfaces
· User authentication and organization-level multi-tenancy
· Audio calibration and device management tools
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice, and without liability to you.
6. Subscription and Payment
6.1 Subscription Plans
Access to the Service requires a paid subscription. Subscription plans, pricing, and features are available on our website at lyrekos.com. We may offer different subscription tiers with varying features and pricing.
6.2 Billing
Subscriptions are billed in advance on a monthly or annual basis, depending on the plan you select. You authorize us to charge your designated payment method for all fees associated with your subscription. All fees are non-refundable except as required by law or as explicitly stated in these Terms.
6.3 Automatic Renewal
Your subscription will automatically renew at the end of each billing period unless you cancel prior to the renewal date. You may cancel your subscription at any time through your account settings or by contacting us at lance@kinetic.audio.
6.4 Price Changes
We reserve the right to change our pricing at any time. If we increase the price of your subscription, we will provide you with at least 30 days' notice before the change takes effect. Your continued use of the Service after the price change constitutes your acceptance of the new pricing.
6.5 Failed Payments
If payment fails for any reason, we may suspend or terminate your access to the Service. You remain responsible for any uncollected amounts. We may use collection services or take legal action to collect outstanding amounts.
7. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:
· Violate any applicable laws, regulations, or third-party rights
· Upload, transmit, or share Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
· Infringe upon intellectual property rights, privacy rights, or other rights of any person or entity
· Use the Service to transmit unsolicited advertising, promotional materials, or spam
· Attempt to gain unauthorized access to any portion of the Service or any other systems or networks
· Interfere with or disrupt the Service or servers or networks connected to the Service
· Use any automated system or software to extract data from the Service (scraping)
· Reverse engineer, decompile, or disassemble any portion of the Service
· Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices
· Use the Service in any manner that could damage, disable, overburden, or impair our infrastructure
We reserve the right to investigate and take appropriate action against anyone who violates these restrictions, including suspending or terminating accounts and reporting violations to law enforcement authorities.
8. Intellectual Property Rights
8.1 Kinetic Audio Intellectual Property
The Service, including all software, technology, designs, graphics, user interfaces, and documentation, is owned by Kinetic Audio and is protected by copyright, trademark, patent, and other intellectual property laws. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or organizational use.
"Kinetic Audio" and our logo are trademarks of Kinetic Audio. You may not use our trademarks without our prior written permission.
8.2 User Content
You retain all rights to Content that you upload, transmit, or share through the Service. By uploading or sharing Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, process, adapt, and transmit your Content solely to provide and improve the Service.
You represent and warrant that you own or have the necessary rights and permissions to use and share all Content you upload to the Service, and that your Content does not infringe upon the intellectual property rights of any third party.
8.3 Copyright Infringement
We respect the intellectual property rights of others and expect our users to do the same. If you believe that Content on our Service infringes your copyright, please contact us at lance@kinetic.audio with detailed information about the alleged infringement. We will investigate and take appropriate action, which may include removing the Content and terminating the accounts of repeat infringers.
9. Privacy and Data Protection
Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to our collection and use of your information as described in our Privacy Policy.
We implement appropriate technical and organizational measures to protect your data. However, no method of transmission over the internet or electronic storage is completely secure. While we strive to protect your information, we cannot guarantee its absolute security.
10. Third-Party Services
The Service may integrate with or contain links to third-party services, websites, or applications ("Third-Party Services"). These Third-Party Services are not under our control, and we are not responsible for their content, privacy policies, or practices. Your use of Third-Party Services is at your own risk and subject to their respective terms and conditions.
Our Service uses Daily.co for video infrastructure and Stripe for payment processing. Your use of these services through our platform is subject to their respective terms of service and privacy policies.
11. Disclaimers and Limitations of Liability
11.1 Service Provided "As Is"
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.
11.2 Performance Disclaimers
While we strive to provide low-latency synchronized audio, actual performance may vary based on factors beyond our control, including your internet connection quality, device capabilities, network congestion, and Bluetooth device latency. We do not guarantee specific latency levels or audio quality in all circumstances.
11.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINETIC AUDIO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless Kinetic Audio and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service; (b) your Content; (c) your violation of these Terms; or (d) your violation of any rights of another person or entity.
13. Termination
13.1 Termination by You
You may terminate your account at any time by canceling your subscription through your account settings or by contacting us at lance@kinetic.audio. Upon termination, your access to the Service will cease, and we will delete your account data in accordance with our Privacy Policy.
13.2 Termination by Us
We reserve the right to suspend or terminate your access to the Service at any time, with or without cause or notice, including but not limited to: (a) violation of these Terms; (b) fraudulent, harassing, or illegal activity; (c) non-payment of fees; or (d) at our sole discretion for any other reason.
13.3 Effect of Termination
Upon termination, all licenses granted to you under these Terms will immediately cease. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to: ownership provisions, warranty disclaimers, indemnification, limitations of liability, and dispute resolution.
14. Dispute Resolution
14.1 Informal Resolution
If you have any dispute with us, you agree to first contact us at lance@kinetic.audio and attempt to resolve the dispute informally. We will work in good faith to resolve any disputes.
14.2 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.
14.3 Arbitration
Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Santa Clara County, California. You and Kinetic Audio agree to waive the right to a trial by jury or to participate in a class action.
15. General Provisions
15.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kinetic Audio regarding the Service and supersede all prior agreements and understandings.
15.2 Severability
If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
15.3 Waiver
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver shall be effective unless in writing and signed by an authorized representative of Kinetic Audio.
15.4 Assignment
You may not assign or transfer these Terms or your rights and obligations hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be void.
15.5 Force Majeure
We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemics, natural disasters, labor disputes, or internet or telecommunications failures.
15.6 Notices
All notices required or permitted under these Terms shall be in writing and delivered via email to lance@kinetic.audio (for notices to us) or to the email address associated with your account (for notices to you). Notices shall be deemed given upon receipt.
16. Contact Information
If you have any questions, concerns, or feedback regarding these Terms or the Service, please contact us:
By using the Kinetic Audio Service, you acknowledge that you have read these Terms and Conditions, understand them, and agree to be bound by them. If you do not agree to these Terms, you must not access or use the Service.