Terms & Conditions

These Terms and Conditions (the "Terms") are between Kinetic Audio Innovations, a California corporation, d/b/a "Lyrekos", and its related companies, and you. These Terms govern your access to and use of the Kinetic Audio Innovations platform, including our website at www.lyrekos.com (the "Site") and all related services, software, and applications (collectively, the "Service"). Please read these Terms carefully before using our Service.

1. Definitions

"Kinetic Audio," "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.

"User Content" refers to any audio, video, text, graphics, or other materials uploaded, transmitted, or shared through the Service.

"Session" refers to an audio event hosted on the Kinetic Audio platform.

2. Introduction

By creating an account, accessing, or using the Site and/or Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy (incorporated herein) and Copyright Policy (incorporated herein). 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. If we make any changes, we will change the "Last Updated" date above, and where appropriate, we will notify users of material changes via email or through the Service. Your continued use of the Site and/or Service after such modifications constitutes your acceptance of the updated Terms.

3. Eligibility

3.1 Acceptance of the Terms

By accessing or using the Service in any way, (a) you represent that you have read and understood these Terms, and (b) you agree to be bound by these Terms. If you do not agree with these Terms, then please do not use the Service. You should print or otherwise save a copy of these Terms for your records.

3.2 Eligibility; Parental Participation

To access, use, and/or register for the Service, you must (a) be eighteen (18) years of age or older, or if you are a minor (e.g., under the age of eighteen (18)), you must have your parent or legal guardian consent to these Terms, and (b) have the power to enter a binding contract with us and are not barred from doing so under any applicable laws. By using the Service, you represent and warrant that you meet these eligibility requirements. You also represent and warrant that any registration information that you submit to us is accurate, true, and complete, and that you will keep it that way at all times. If you are a child and need help understanding this document, you should ask a parent or guardian to read it and talk with you about it.

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.

3.3 Children's Online Privacy Protection Act

This policy, and the Privacy Policy, are in accordance with the U.S. Children's Online Privacy Protection Act ("COPPA"). The Privacy Policy outlines our practices in the United States regarding children's personal information. For more information about COPPA and general tips about protecting children's online privacy, please visit Federal Trade Commission Consumer Advice (https://consumer.ftc.gov/articles/protecting-your-childs-privacy-online).

4. Account Registration and Security

4.1 Account Creation

To access certain features of the Service, you must register and create an account. When you register to use the Service, you will be required to provide certain information (e.g., (a) email address, (b) password for your account, and (c) first and last name). You agree to provide accurate, current, and complete information during registration and to update your information as necessary to maintain its accuracy.

Kinetic Audio requires that a parent or legal guardian create a parent account and complete account registration prior to a child accessing the Service. Account registration requires that the parent or legal guardian provide their first and last name, their email address, the first and last name of the child, the child's email address if they have one, and that the parent or legal guardian provide payment information in connection with the purchase of a subscription or other paid access to the Service. Since the account must be created and paid for by a parent or legal guardian, the use of a valid payment method as part of the registration process serves as our method of verifying parental identity and obtaining verifiable parental consent under COPPA. For clarity, by creating a parent account, completing the payment process, and designating a child user profile, the parent or legal guardian consents to our collection, use, and processing of the child's personal information as described in the Privacy Policy.

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, and remain liable for all uses of your login information, and all activity emanating from your account, whether or not such activity was authorized by you. 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. However, you could be liable to us for losses incurred by us or another party due to someone else using your account. You may not use anyone else's account at any time.

4.3 Organization Accounts

Subject to availability on the Site, 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

5.1 The Service

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.

5.2 Changing the Service

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, in whole or in part, either temporarily or permanently. You acknowledge that we have no express or implied obligation to provide, or continue to provide, the Service, or any part thereof, now or in the future. Any new services and features will be subject to these Terms, as well as any additional terms of use that we may release for those specific services or features.

5.3 "As Is" Notice

You understand and acknowledge that the Service is being provided and is made available on an "AS IS" basis. The Service may contain errors or inaccuracies that could cause failures, corruption, or loss of your information. We strongly encourage you to back-up all data and information on your devices prior to using the Service in any way. YOU ASSUME ALL RISKS AND COSTS WHATSOEVER ASSOCIATED WITH YOUR USE OF THE SERVICE. Additionally, we are not obligated to provide any maintenance, technical, or other support for the Service.

5.4 Feedback

As part of using the Service, we may provide you with the opportunity to submit comments, suggestions, or other feedback regarding your use of the Service. You agree that in the absence of a separate written agreement to the contrary, we will be free to use any feedback you provide for any purpose without any compensation to you.

6. Subscription and Payment

6.1 Subscription Plans

Other than limited free trials and promotions Kinetic Audio may provide, in its sole discretion, access to the Service requires a paid subscription. Subscription plans, pricing, and features shall be clearly set forth on the Site prior to you registering for an account. We may offer different subscription tiers with varying features and pricing, in our discretion.

6.2 Billing

Subscriptions are billed in advance on a monthly or annual basis, depending on the plan you select. If you elect to use the Service, you authorize us to charge your designated payment method for all fees associated with your subscription. You agree that all fees or charges (including any taxes and late fees, as applicable) associated with your access to the Site and Service shall be made via the payment option(s) available through our third-party payment processor. You hereby authorize Kinetic Audio and/or our third party payment processor to charge and/or place a hold on your applicable payment method with respect to any charges for the Service.

6.3 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel prior to the renewal date. As described in the termination section, you may cancel your subscription at any time through your account settings or by contacting us at legal@kinetic.audio.

6.4 Price Changes

We reserve the right to change our pricing at any time, in our sole discretion. If we change 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.

6.6 Refund Policy

All payments to us are nonrefundable.

7. Acceptable Use

7.1 Prohibited Conduct

You agree to use the Service only for lawful purposes and in accordance with these Terms. Accordingly, you agree not to do any of the following (the "Prohibited Conduct"):

· Commit or engage in, or encourage, induce, solicit, or promote, any conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation

· Upload, transmit, or share User Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable

· Stalk, harass, abuse, threaten, or harm another

· Infringe upon intellectual property rights, privacy rights, confidential information, or other rights of any person or entity

· Mislead any users as to the origin of any User Content, deceive any person, or misrepresent your identity or affiliation with any person or entity

· Use or attempt to use another user's account, password, or other information, unless you have express permission from that other user

· 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

· Sell or transfer, or offer to sell or transfer, your account to any third party without prior written approval from us

· 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

· Collect, attempt to collect, and/or store personal information on any users of the Service to be used in connection with any of the foregoing prohibited activities

7.2 Flagging and Reporting Violations

If while using the Service, you encounter User Content you find inappropriate, or otherwise believe to be Prohibited Conduct, you may report it by sending an email to: legal@kinetic.audio. Our staff will review "flagged" User Content to determine whether it is Prohibited Conduct. If such User Content is Prohibited Conduct, we will promptly remove such User Content.

7.3 Enforcement

You agree to comply with the above conditions, and acknowledge and agree that we have the right, in our sole discretion, to suspend and/or terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms. We reserve the right to investigate any situation that appears to involve any of the above Prohibited Conduct, and may report such matters to, and co-operate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations. We reserve the right, in our sole discretion, to determine whether your conduct is Prohibited Conduct.

8. License to Use the Service

8.1 Our Proprietary Rights

The Service, including all software, technology, designs, graphics, user interfaces, documentation, and any related software (collectively, the "Software"), is owned by Kinetic Audio and/or our licensors and is protected by copyright, trademark, patent, and other intellectual property laws. You agree and acknowledge that the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Using the Software does not give you any rights of ownership in them.

8.2 License to Use the Service

Subject to your strict 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.

8.3 Limitations on Use

You agree to use the Service only for purposes as permitted by these Terms and any applicable laws or regulations. We reserve the right to modify or impose any limitations on the use of the Service at any time, with or without notice to you. All rights that are not expressly granted by us in these Terms are reserved.

You agree to not, or to permit anyone else to, reproduce, copy, duplicate, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to discover the source code (unless expressly permitted or required by law), sell, resell, rent, trade, lease, sublicense, assign, grant a security interest in, or otherwise transfer any right in the Software, except as expressly permitted in these Terms.

9. Your Content

9.1 User Content

You agree and acknowledge that (a) all User Content whether publicly posted or privately transmitted through the Service is the sole responsibility of the person from whom such User Content originated, and (b) you are solely responsible for any User Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service.

9.2 Ownership of User Content

User Content is solely owned by the person or entity from whom such User Content originated. We do not claim any ownership rights in User Content. For clarity, you retain all rights to User Content that you upload, transmit, or share through the Service.

9.3 License From You

By uploading or sharing User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, distribute, reproduce, process, modify, adapt, publish, translate, publicly perform, publicly display, and transmit your User Content on or in connection with the Service. This license only applies to use of the User Content in connection with the Service, and does not grant any other license of any kind.

The above license will terminate within a commercially reasonable time after you or we remove such User Content from the Service. Notwithstanding the foregoing, licenses with respect to comments or other public contributions, and User Content that is published, made public, and/or shared with others will be perpetual and irrevocable, and will survive termination or expiration of these Terms.

You represent that you have the right to post any User Content which you post to the Service, and that such User Content, or its use by us, does not (a) violate these Terms, applicable law, or the intellectual property, publicity, privacy, or other rights of others, or (b) imply any affiliation, endorsement, or approval without express written consent.

9.4 Backup Your User Content

You agree that you are responsible for backing up, to your own computer or other device, all your own User Content that you store or access via the Service. We do not guarantee that any User Content you may store or access through the Service will not be subject to inadvertent damage, corruption, or loss.

9.5 Access to Your Account and User Content

You agree and acknowledge that we may access, use, preserve, and/or disclose your User Content if legally required to do so or if we have a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to (a) comply with legal process or request, (b) enforce these Terms, including investigation of any potential violation, (c) detect, prevent, or otherwise address security, fraud, or technical issues, or (d) protect the rights, property, or safety of us, our users, or the public.

9.6 Removal of User Content

We reserve the right, at all times, to determine whether User Content is appropriate and in compliance with these Terms, and may pre-screen, move, refuse, modify, and/or remove User Content at any time, without prior notice, and in our sole discretion, if such User Content is found to be in violation of these Terms or is otherwise objectionable.

If you believe that any User Content infringes one or more of your copyrights, please follow the directions in our Copyright Policy. Or if you believe that any User Content does not comply with these Terms, or that your rights under applicable law have been otherwise infringed by any User Content, please contact us at: legal@kinetic.audio.

9.7 Repeat Infringers

If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of your User Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates these Terms, we may send you a written warning to this effect. Any user that receives more than two (2) of these warnings is liable to have their access to the Service terminated immediately.

10. Copyright; Trademarks

10.1 Copyright

We respect the intellectual property rights of others and expect our users to do the same. For details on our copyright policy, please see our Copyright Policy.

10.2 Trademarks

All Kinetic Audio trademarks (including, but not limited to, "Lyrekos"), service marks, trade names, logos, graphics, and domain names used in connection with the Service are trademarks or registered trademarks of Kinetic Audio in the United States and/or other countries. Any other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are not granted any right or license to use any of the above trademarks, whether for commercial or non-commercial use, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service. If you believe that any of your trademarks have been infringed by anyone using the Service, please contact us at: legal@kinetic.audio.

11. 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. By using the Service, you consent to our collection and use of your information as described in our Privacy Policy.

12. Third-Party Services

The Service may integrate with or contain materials from third parties and/or links to third-party services, websites, or applications ("Third-Party Services"). You acknowledge and agree that because we may have no control over the Third-Party Services, we are not responsible for their content, privacy policies, or practices, and do not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any content, advertising, products, or materials on or available from the Third-Party Services. You further acknowledge and agree that we shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such content, advertising, products, or materials from the Third-Party Services. Your use of Third-Party Services is at your own risk and subject to their respective terms and conditions.

13. Export Control

Use of the Service may be subject to the export and import laws of the United States and other countries. You agree to comply with all applicable export and import laws and regulations. In particular, but without limitation, the Service may not be exported or re-exported (a) into any U.S. embargoed countries, or (b) to anyone on the U.S. Treasury Department's list of specially designated nationals or the U.S. Department of Commerce denied person's list or entity list. By using the Service, you represent and warrant that you are not located in any such country or on any such list. You agree not to upload to your account any data or software that cannot be exported without prior written government authorization. This export control clause shall survive termination or cancellation of these Terms.

14. Disclaimers and Limitations of Liability

14.1 Service Provided "As Is"

14.2 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.

14.3 Limitation of Liability

Nothing in these Terms removes or limits our liability for fraud, fraudulent misrepresentation, personal injury, or death caused by our negligence.

15. Indemnification

You agree to indemnify, defend, and hold harmless Kinetic Audio and its affiliates, subsidiaries, officers, directors, employees, agents, partners, and licensors from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees, expert fees, expenses, and court costs), whether or not an action is actually commenced, made by a third party, arising out of or relating to: (a) your use of the Service; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any rights of another person or entity.

16. Term and Termination

16.1 Term

Subject to anything contained in these Terms that survives termination, these Terms will continue to apply to you until terminated by either you or us.

16.2 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or by contacting us at legal@kinetic.audio. Upon termination, your access to the Service will cease, and we will delete your account data in accordance with our Privacy Policy.

16.3 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) engaging in Prohibited Conduct; (c) non-payment of fees; (d) upon court order; or (e) at our sole discretion for any other reason.

16.4 Effect of Termination

Upon termination, all licenses granted to you under these Terms will immediately cease. If you or us terminate these Terms, or if we suspend your access to the Service, you acknowledge and agree that (a) we shall have no liability or responsibility to you in any way whatsoever, (b) you will lose all access to the Service, (c) your User Content may be irrevocably deleted, and (d) we will not refund any amounts that you have already paid unless explicitly provided in these Terms, to the fullest extent permitted under applicable law.

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.

17. Dispute Resolution

17.1 Informal Resolution

If you have any dispute with us, you agree to first contact us at legal@kinetic.audio and attempt to resolve the dispute informally. We will work in good faith to resolve any disputes.

17.2 Governing Law

The validity, construction, and performance of 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.

17.3 Arbitration

If a dispute arises out of or relating to these Terms or the Service that cannot be resolved informally through discussion, all parties agree to first try in good faith to settle the dispute by private mediation before resorting to arbitration. If a dispute cannot be resolved with either discussion or mediation, then the dispute shall be submitted for binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Santa Clara County, California. In any arbitration or litigation under these Terms, the prevailing party shall be entitled to recover from the other party all costs the prevailing party reasonably incurs in such arbitration or litigation, including without limitation, reasonable attorneys' fees. You and Kinetic Audio thus KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION IN CONNECTION WITH THESE TERMS. FURTHER, YOU AND KINETIC AUDIO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER OR IN ANY REPRESENTATIVE CAPACITY OR PROCEEDING.

18. General Provisions

18.1 Entire Agreement

These Terms, together with our Privacy Policy and Copyright Policy, constitute the entire agreement between you and Kinetic Audio regarding the Service and supersede all prior agreements and understandings.

18.2 Severability

If any provision of these Terms is found to be invalid or unenforceable for any reason, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

18.3 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.

18.4 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. All obligations contained in these terms shall extend to and be binding upon the parties' respective successors, assigns, and designees.

18.5 No Third Party Beneficiaries

Except as otherwise expressly provided in these Terms, you agree that there shall be no third-party beneficiaries to these Terms.

18.6 Language; Translations

Any translation of these Terms is done for local requirements. In the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern.

18.7 Statute of Limitations

You agree that any claim or cause of action arising out of or related to these Terms or the use of the Service must be filed within one (1) year after the cause of action arose or is forever barred.

18.8 Clause Headings

Headings within these Terms are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer.

18.9 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.

18.10 Notices

All notices required or permitted under these Terms shall be in writing and delivered via email to legal@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.

19. 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.