Terms of Service

These terms and conditions outline the rules and regulations for the use of Kitrealm’s Website, located at https://kitrealm.com

Please read these Terms of Service (“Terms” or “Agreement”) carefully before accessing or using the website located at kitrealm.com (“Site”) or purchasing any products or services offered by KitRealm (“we”, “us”, “our”, or “conz.xo”). These Terms constitute a legally binding agreement between you (“User”, “you”, “your”) and KitRealm.

KitRealm offers two categories of services: (1) the sale of original digital music production assets including drum kits and sample packs (“Digital Products”); and (2) the Gear Story Promo, a paid advertising and transaction facilitation service for third-party gear sellers (“Gear Promo Service”). Both services are governed by these Terms. Sections specific to one service are identified accordingly.

By accessing the Site, creating an account, or completing any purchase, you confirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree, you must not access or use the Site.

1. Acceptance of Terms

Your access to and use of KitRealm is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, purchasers, and others who access or use the Site. By using the Site, you represent that you are at least 18 years of age, or that you are the age of majority in your jurisdiction and have obtained parental or guardian consent.

We reserve the right to modify these Terms at any time. Changes are effective immediately upon posting. Your continued use of the Site following any update constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. Description of Services

2.1  Digital Products — Drum Kits & Sample Packs

KitRealm sells original digital music production assets created by conz.xo, including but not limited to:

• Drum kits (one-shots, loop packs, percussion collections)
• Sound packs and sample libraries
• Beat construction kits and production tools
• Any other digital audio content made available on the Site

All Digital Products are delivered exclusively as digital downloads. No physical goods are shipped. Upon successful payment, you will be granted access to download your purchased files.

2.2  Gear Story Promo — Third-Party Gear Advertising Service

The Gear Story Promo ($50.00 USD base fee) is a paid advertising and facilitation service through which KitRealm lists and promotes music gear on behalf of independent third-party sellers (“Sellers”). The base service includes:

• One (1) Instagram Story post (active 24 hours) featuring the Seller’s gear with photos and pricing provided by the Seller.
• A listing on kitrealm.com for the duration of the promotion.
• Payment collection from buyers and escrow-style disbursement to the Seller following confirmed delivery.

Available add-ons include: Offer Negotiation (+$5.00 USD), KitRealm Drum Kit Bundle inclusion (+$5.00–$25.00 USD), and Instagram Paid Advertisement (priced separately). Add-ons are optional and billed in addition to the base Promo Fee.

IMPORTANT: KitRealm acts solely as an advertising platform and payment intermediary for the Gear Story Promo. KitRealm does NOT own, inspect, handle, store, or ship any third-party gear. KitRealm is NOT a seller, retailer, auctioneer, or consignment shop.

3. Account Registration

To complete a purchase or access certain features of the Site, you may be required to create an account. You agree to:

• Provide accurate, current, and complete information during registration.
• Maintain the security and confidentiality of your account credentials.
• Promptly update your account information to keep it accurate.
• Accept full responsibility for all activities conducted under your account.
• Notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate accounts at our sole discretion if you provide inaccurate information, violate these Terms, or engage in conduct harmful to the Site, other users, or our business interests.

4. Pricing & Payment

All prices are listed in United States Dollars (USD) and are subject to change without notice. The price displayed at checkout is the final price charged.

By submitting payment, you represent and warrant that: (a) you are authorized to use the payment method provided; (b) the payment information supplied is accurate and complete; and (c) you will be responsible for all charges incurred, including applicable taxes.

All transactions are processed through secure third-party payment processors (PayPal and/or Stripe). KitRealm does not store your full payment card details on its servers. We are not liable for unauthorized charges resulting from your failure to safeguard your payment credentials.

In the event a payment is declined, reversed, or disputed through your bank or payment provider without valid justification under these Terms, we reserve the right to immediately revoke access to associated digital files and/or pursue all available legal remedies to recover losses.

5. All Sales Are Final — No Refund Policy

ALL SALES ARE FINAL. KITREALM DOES NOT OFFER REFUNDS, EXCHANGES, OR STORE CREDIT UNDER ANY CIRCUMSTANCES ONCE A PURCHASE IS COMPLETE. This policy applies to all services and products sold on kitrealm.com.

5.1  Digital Products — Non-Refundable

All drum kits, sample packs, and other digital audio products sold on KitRealm are delivered as digital downloads. Once you have been granted access to or have downloaded your purchased files, the transaction is complete and irreversible. A digital file cannot be “returned” — it remains in your possession regardless of any refund request.

Submitting a refund request, chargeback, or payment dispute after downloading or accessing your purchased files constitutes fraudulent misrepresentation and theft of digital goods.

KitRealm actively monitors all download activity and maintains detailed transaction logs. Any user who initiates a fraudulent chargeback or refund claim after accessing their files may be subject to: (a) permanent account suspension and ban from the Site; (b) reporting to relevant payment processors and fraud prevention networks; (c) civil legal action to recover the value of stolen goods and associated costs; and (d) reporting to applicable law enforcement.

5.2  Gear Story Promo Fee — Non-Refundable

The $50.00 USD Promo Fee paid by a Seller for the Gear Story Promo service is non-refundable once a listing has been created and/or any promotional content has been published. If a listing is cancelled prior to any promotional activity, a partial refund may be considered at KitRealm’s sole discretion.

5.3  Limited Exception — Technical Non-Delivery

The only circumstance under which KitRealm may consider a resolution for Digital Products is if a download link was not received due to a verified technical failure on our end, and the files have not been successfully downloaded or accessed. In such cases, we will first attempt to resolve the issue by re-delivering the files. No monetary refund will be issued until all reasonable technical remedies have been exhausted and verified by our team.

6. Digital Delivery & Access

Upon successful payment for a Digital Product, you will receive access to your purchased files via a download link sent to your registered email address and/or accessible through your account dashboard. It is your responsibility to:

• Provide a valid, accessible email address at checkout.
• Download and back up your files promptly after purchase.
• Contact us within 72 hours if you have not received your download link.

KitRealm is not responsible for files lost, corrupted, or deleted after download due to user error, hardware failure, or other circumstances beyond our control. We strongly recommend maintaining personal backups. Re-download availability is offered as a courtesy and is not guaranteed indefinitely.

7. Gear Story Promo — Seller Obligations

All Sellers must execute a separate Gear Story Promo Seller Agreement prior to any listing activity. By purchasing the Gear Story Promo service, Sellers additionally agree to the following:

7.1  Representations & Warranties

• The Seller is the lawful owner of all gear submitted and has full legal authority to sell it.
• All descriptions, photos, and information provided are accurate, complete, and not misleading.
• Any defects, cosmetic damage, or missing components are disclosed in full prior to listing.
• The listed item is not stolen, counterfeit, or subject to any outstanding lien, claim, or legal dispute.
• The Seller will not contact buyers directly to circumvent KitRealm’s platform or this Agreement.

7.2  Shipping Requirements

Shipping is entirely the Seller’s responsibility. Prior to a listing going live, KitRealm may require the Seller to confirm that shipping materials (boxes, padding, tape) are already purchased and on hand. Upon a confirmed sale, the Seller must:

• Ship the item within 48 hours of receiving KitRealm’s sale notification.
• Use a trackable shipping service (e.g., USPS Priority Mail, UPS, FedEx).
• Provide KitRealm with a valid tracking number within 48 hours of shipment.
• Purchase appropriate shipping insurance for high-value items at their own expense.

KitRealm is not liable for items lost, damaged, or delayed in transit. Failure to ship within the 48-hour window without prior written notice to KitRealm constitutes a material breach of this Agreement.

7.3  Consequences of Seller Fraud or Breach

Accepting a confirmed sale and failing to ship the item, providing false tracking information, or any material misrepresentation of listed gear constitutes fraud and material breach. KitRealm will freeze all seller funds, refund the buyer in full, and pursue all available legal remedies.

Additional consequences of Seller-side fraud or breach include: (a) permanent ban from KitRealm; (b) reporting to PayPal, Stripe, and fraud prevention networks; (c) civil action to recover all losses including legal costs; and (d) reporting to applicable law enforcement.

8. Gear Story Promo — Payment Hold & Disbursement

Buyer funds are held by KitRealm in an escrow-style hold and are NOT released to the Seller until delivery is confirmed. This protects both Buyers from non-delivery fraud and Sellers from fraudulent chargebacks.

The payment disbursement process is as follows:

1. Buyer submits full payment to KitRealm at time of purchase.
2. KitRealm holds funds and notifies the Seller of the confirmed sale.
3. Seller ships with a trackable method and provides KitRealm a valid tracking number within 48 hours of shipment.
4. KitRealm monitors delivery status and notifies the Buyer upon confirmed delivery.
5. Buyer has 72 hours after confirmed delivery to raise a dispute with KitRealm.
6. If no dispute is raised within 72 hours, KitRealm releases payment to the Seller, minus applicable PayPal/Stripe processing fees (typically 2.9% + $0.30 per transaction).

KitRealm reserves the right to extend the hold period at its sole discretion in the event of a buyer dispute or unresolved delivery issue. Sellers acknowledge this process and agree not to contest holds implemented pursuant to this Section.

9. Gear Story Promo — Buyer Protections & Disputes

Buyers of third-party gear listed through the Gear Story Promo are protected by the payment hold process described in Section 8. If you receive an item that is materially different from its description, is damaged in a way not previously disclosed, or if you do not receive your item, you must:

• Contact KitRealm immediately via kitrealm.com or @conz.xo on Instagram.
• Provide photos or documentation of the issue where applicable.
• Raise your dispute within 72 hours of confirmed delivery.

KitRealm will review all disputes in good faith and act as intermediary between Buyer and Seller. KitRealm reserves the right to make a final determination at its sole discretion, including withholding Seller payment and refunding the Buyer if the dispute is deemed valid.

Buyers who initiate a chargeback or payment dispute through their bank or payment processor WITHOUT first completing KitRealm’s dispute process may be permanently banned from the platform and subject to legal action for costs incurred.

Disputes are not eligible in the following circumstances: the item has been used, modified, or altered by the Buyer after receipt; the dispute is raised more than 72 hours after confirmed delivery; the issue reflects buyer’s remorse rather than a material misrepresentation; or the Buyer bypasses KitRealm’s process to file directly with a payment processor.

10. KitRealm Liability — Gear Story Promo

To the fullest extent permitted by law, KitRealm expressly disclaims all liability in connection with Gear Story Promo transactions, including but not limited to:

• Item condition, functionality, or authenticity as represented by the Seller.
• Loss, theft, or damage to items during shipping or after delivery.
• Seller’s failure to ship, delayed shipment, or shipment of incorrect items.
• Disputes between Seller and Buyer that cannot be resolved through KitRealm’s process.
• Any harm to a Buyer or Seller arising from the private transaction between them.
• Any failure by a third-party payment processor to process or release funds.

KitRealm’s maximum aggregate liability in connection with any single Gear Story Promo transaction shall not exceed the Promo Fee paid by the Seller ($50.00 USD), regardless of the nature or theory of the claim.

11. License & Intellectual Property — Digital Products

11.1  License Grant

Subject to your compliance with these Terms, KitRealm grants you a limited, non-exclusive, non-transferable, revocable license to use purchased digital audio files for personal and/or commercial music production purposes as specified in the license terms accompanying each product. This license is personal to you and may not be sublicensed, sold, transferred, or assigned to any third party.

11.2  Permitted Uses

• Use samples within original musical compositions, beats, and productions.
• Release and monetize music that incorporates purchased samples.
• Use in sync licensing, film, television, and multimedia projects (where applicable per product license).

11.3  Prohibited Uses

• Reselling, redistributing, or re-licensing the raw sample files or kits in any form.
• Sharing, gifting, or transferring your purchased files to third parties.
• Including the raw samples in any competing sample pack, drum kit, or sample library.
• Uploading the files to any sharing platform, torrent site, or public repository.
• Claiming authorship or ownership of the underlying sample content.

11.4  Platform Ownership

All content on KitRealm — including audio files, sample packs, drum kits, website design, graphics, logos, trademarks, and text — is the exclusive intellectual property of conz.xo / KitRealm or is used with appropriate permission. Nothing in these Terms transfers ownership of any intellectual property to you. All rights not expressly granted are reserved.

12. Prohibited Conduct

You agree that you will not use KitRealm, its content, or its services to:

• Violate any applicable local, state, national, or international law or regulation.
• Infringe upon the intellectual property rights of KitRealm or any third party.
• Submit fraudulent transactions, chargebacks, or payment disputes.
• Misrepresent the condition, ownership, or authenticity of gear submitted for the Gear Story Promo.
• Accept payment for gear and fail to fulfill the transaction.
• Transmit or upload malicious code, viruses, or harmful software.
• Engage in unauthorized scraping, crawling, or harvesting of Site data.
• Attempt to gain unauthorized access to the Site’s systems or servers.
• Impersonate KitRealm, conz.xo, or any other person or entity.
• Interfere with or disrupt the integrity or performance of the Site.

Violation of this section may result in immediate account termination and, where applicable, civil and/or criminal legal action.

13. Prohibited Listings — Gear Story Promo

KitRealm reserves the right to reject any gear listing at its sole discretion. The following items may not be listed through the Gear Story Promo:

• Stolen, counterfeit, or illegally obtained gear.
• Items subject to outstanding liens, claims, or legal disputes.
• Items that violate any applicable law or regulation.
• Items KitRealm determines may expose the platform to legal, reputational, or financial risk.

Submission of a prohibited item constitutes material breach of these Terms and may result in immediate listing removal, forfeiture of the Promo Fee, and legal action.

14. Seller Indemnification of KitRealm

Sellers using the Gear Story Promo agree to indemnify, defend, and hold harmless KitRealm, conz.xo, and their respective officers, agents, employees, and successors from and against any and all third-party claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable attorney’s fees) arising out of or related to:

• Any misrepresentation made by the Seller regarding listed gear.
• The Seller’s failure to ship, delayed shipment, or shipment of incorrect or damaged goods.
• Any dispute initiated by a Buyer resulting from the Seller’s actions or omissions.
• The Seller’s breach of any representation, warranty, or obligation under these Terms or the Seller Agreement.
• Any claim that the Seller did not have the legal right to sell the listed item.

15. User-Generated Content

If you submit reviews, comments, feedback, or any other content to KitRealm, you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use, reproduce, modify, and display such content in connection with the Site and our marketing efforts. You represent that you own or have the right to submit such content and that it does not infringe any third-party rights or violate applicable law.

We reserve the right, but not the obligation, to monitor, edit, or remove any user-submitted content at our sole discretion without notice.

16. Privacy Policy

Your use of the Site is governed by our Privacy Policy, incorporated into these Terms by reference. By using KitRealm, you consent to the collection and use of your information as described therein. We collect personal data — including your name, email address, and transaction details — solely to process orders, provide customer support, and improve our services. We do not sell or share your personal data with third parties for marketing purposes. 

17. Disclaimer of Warranties

KitRealm and all of its content, products, and services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Site will be uninterrupted, error-free, or secure, or that any defects will be corrected. Your use of the Site is entirely at your own risk.

With respect to the Gear Story Promo, KitRealm makes no representations or warranties regarding the accuracy of any Seller’s item description, the condition or authenticity of any listed gear, or the Seller’s adherence to shipping timelines. All representations about third-party gear are made solely by the Seller.

18. Limitation of Liability

To the fullest extent permitted by applicable law, KitRealm, conz.xo, and their officers, employees, agents, affiliates, and licensors shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages arising out of or in connection with your use of the Site or any products or services purchased, including but not limited to loss of profits, loss of data, loss of goodwill, or business interruption.

In no event shall KitRealm’s total cumulative liability to you exceed: (a) for Digital Product purchases, the amount paid for the specific product giving rise to the claim; or (b) for the Gear Story Promo, $50.00 USD.

19. General Indemnification

You agree to indemnify, defend, and hold harmless KitRealm, conz.xo, and their respective officers, agents, employees, and successors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of or access to the Site; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any content you submit to the Site.

20. Third-Party Links & Services

The Site may contain links to third-party websites, payment processors, or services provided for convenience only. KitRealm has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party sites. We encourage you to review the terms and privacy policies of any third-party services you access through the Site.

21. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States and the applicable laws of the state in which conz.xo operates, without regard to conflict of law principles.

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site shall first be attempted to be resolved through good-faith negotiation between the parties. If the parties cannot reach a resolution within thirty (30) days, the dispute shall be submitted to binding arbitration in accordance with applicable arbitration rules. Nothing in this clause prevents either party from seeking emergency injunctive relief in a court of competent jurisdiction.

By using the Site, you waive any right to a jury trial in connection with any dispute arising under these Terms. The prevailing party in any legal action shall be entitled to recover reasonable attorney’s fees and costs.

22. Termination

We reserve the right to suspend or terminate your access to KitRealm at any time, with or without cause or notice. Grounds for termination include, but are not limited to, breach of these Terms, fraudulent activity, submission of fraudulent chargebacks, Seller non-fulfillment, or any conduct KitRealm deems harmful.

Upon termination, your right to access the Site and any associated services will immediately cease. The following provisions survive termination: intellectual property rights, no-refund policy, seller indemnification, disclaimers, limitation of liability, and governing law.

23. Entire Agreement & Severability

These Terms, together with the Privacy Policy, the Gear Story Promo Seller Agreement (where applicable), and any other legal notices published on the Site, constitute the entire agreement between you and KitRealm with respect to your use of the Site and supersede all prior agreements, negotiations, and representations.

If any provision of these Terms is found invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. KitRealm’s failure to enforce any right or provision shall not constitute a waiver of that right or provision.

24. Contact Information

If you have any questions, concerns, or inquiries regarding these Terms of Service, please contact us through any of the following:

Website: kitrealm.com

Instagram: @conz.xo

For order-related issues, please include your order number and registered email address in your message to expedite resolution. We make every effort to respond to all inquiries in a timely manner.

By purchasing from KitRealm — whether a digital product or the Gear Story Promo service — you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety.

© 2024 Kitrealm / conz.xo. All rights reserved.