Terms and Policies

Terms of Service

1. Acceptance of Terms

By accessing and using Evergreen Sounds ("we," "us," "our," or "the Service"), you accept and agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service.

2. Description of Service

Evergreen Sounds is a digital marketplace that provides downloadable sound packs, audio samples, and related digital audio content ("Products") for music producers and creators. All Products are delivered digitally via download links.

3. User Accounts

To purchase Products, you must create an account using our authentication provider. 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.

When you create an account, you may choose to sign in using OAuth providers such as Google. By using OAuth authentication, you agree to the terms and privacy policies of those third-party providers.

4. Digital Products License

When you purchase a Product from Evergreen Sounds, you are granted a non-exclusive, non-transferable license to use the Product for personal and commercial music production purposes. This license allows you to:

Use the audio content in your music productions
Incorporate the content into commercial releases
Create derivative works using the audio content

You may not:

Resell, redistribute, or share the Product files themselves
Claim ownership of the original audio content
Use the content in a way that competes directly with our business
Remove any copyright notices or metadata from the files

5. Payment and Pricing

All prices are displayed in USD unless otherwise stated. Payment is processed securely through Stripe or another payment processor we may use from time to time. By making a purchase, you agree to pay the specified price and authorize the payment processor to charge your payment method.

We reserve the right to change prices at any time, but price changes will not affect orders already placed.

6. Refund Policy

All digital product sales are final unless stated otherwise. Due to the immediate delivery nature of digital products, we generally do not offer refunds once a Product has been downloaded. However, we may consider refunds in the following exceptional circumstances:

Technical issues preventing download or use that cannot be resolved
Product description significantly misrepresents the content
Duplicate purchase due to a system error

To request a refund, please contact us with your order details and reason for the request. Refund decisions are made at our sole discretion.

7. Intellectual Property

All Products, website content, logos, and trademarks are the property of Evergreen Sounds or our licensors and are protected by copyright, trademark, and other intellectual property laws. Unauthorized use of any content from our Service is strictly prohibited.

8. User Conduct

You agree not to:

Use the Service for any illegal or unauthorized purpose
Attempt to gain unauthorized access to our systems or other users' accounts
Interfere with or disrupt the Service or servers
Use automated systems to scrape or download content
Share, resell, or redistribute Product files

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERGREEN SOUNDS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE OR PRODUCTS.

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid to us in the twelve (12) months preceding the claim.

10. Service Availability

We strive to maintain the Service's availability but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, technical issues, or circumstances beyond our control.

11. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified by updating the "Last updated" date at the top of this page. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

12. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which Evergreen Sounds operates, without regard to its conflict of law provisions.

Privacy Policy

1. Scope

This Privacy Policy describes how Evergreen Sounds collects, uses, discloses, and protects information related to your use of our website and Services, including when you create an account, purchase Products, or otherwise interact with us.

2. Information We Collect

We collect information that you provide directly to us, information collected automatically when you use the Service, and information from third-party providers (such as OAuth providers) when you choose to use them.

A. Information you provide

Account Information: Name, email address, and identifiers associated with your account (including third-party authentication identifiers).
Support & Communications: Information you include when contacting us (for example, support messages and order-related inquiries).

B. Purchase and billing information

Transaction Information: Products purchased, purchase amounts, currency, transaction timestamps, and payment status.
Billing Details: Billing address and related information as provided to the payment processor.
Payment Method: Payment card details are processed by Stripe. We do not store full payment card numbers.

C. Information collected automatically

Device and Usage Data: Information about how you interact with the website (such as pages visited, referral source, and approximate location).
Log Data: IP address, browser type, and timestamps may be recorded in server logs for security and operational purposes.

D. Information from OAuth providers

If you choose to sign in using an OAuth provider (such as Google), we receive the information you authorize that provider to share with us.

3. How We Use Information

We use information to:

Provide, operate, maintain, and improve the Service
Create and manage accounts and authenticate users
Process payments and fulfill orders
Provide access to purchased Products
Send transactional communications (for example, receipts and support replies)
Protect the Service, prevent fraud, and enforce our Terms
Comply with legal obligations

4. Legal Bases (GDPR)

If you are located in the EEA, UK, or Switzerland, our legal bases for processing personal data may include: (i) performance of a contract (to provide the Service and deliver Products), (ii) legitimate interests (such as security, fraud prevention, and service improvement), (iii) compliance with legal obligations, and (iv) consent (where required, such as certain cookie uses).

5. Sharing and Disclosure

We do not sell your personal data. We share information only as necessary to operate the Service, including with:

Authentication providers: For account login and identity management (for example, Clerk).
Payment processors: To process purchases (for example, Stripe).
Hosting and infrastructure: To host the website and related services (for example, Vercel).
Analytics providers: To understand website usage in a privacy-conscious way (for example, Plausible).
Legal and safety: If required to comply with law, protect the rights and safety of users, or enforce our Terms.

6. Data Retention

We retain personal data as long as needed to provide the Service and for legitimate business purposes, such as maintaining transaction records, resolving disputes, and complying with legal obligations. For example, purchase records may be retained for accounting and tax requirements.

7. Security

We implement appropriate technical and organizational measures designed to protect personal information. However, no security measure is perfect, and we cannot guarantee absolute security.

8. Your Privacy Rights

Depending on your location, you may have rights related to your personal data, including access, correction, deletion, restriction, objection, and data portability. You may also withdraw consent where processing is based on consent.

9. International Transfers

We and our service providers may process and store information outside of your country of residence, including in the United States. Where required, we rely on appropriate safeguards for international transfers, such as standard contractual clauses or other lawful mechanisms.

10. Children's Privacy

Our Service is not intended for users under the age of 13. We do not knowingly collect personal information from children under 13.

11. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any material changes by updating the "Last updated" date at the top of this page. Your continued use of the Service after changes constitutes acceptance of the updated Privacy Policy.

Cookie Policy

1. Types of Cookies We Use

We use the following types of cookies:

Essential Cookies: Required for authentication, security, and session management. These cookies enable core functionality and cannot be disabled.
Analytics: We use Plausible Analytics in a privacy-conscious manner. Plausible does not use cookies by default and does not collect personal data for advertising purposes.

2. Managing Cookies

You can control and manage cookies through your browser settings. Most browsers allow you to refuse cookies or alert you when cookies are being sent. Disabling essential cookies may impact your ability to use the Service.

GDPR / EEA-UK Notice

If you are located in the European Economic Area (EEA), the United Kingdom, or Switzerland, the GDPR (and related local laws) may provide you additional rights. This section provides supplemental information.

1. Controller

Evergreen Sounds is the "controller" of your personal data as described in this Privacy Policy, meaning we determine the purposes and means of processing your personal data.

2. Legal Bases

We process personal data under the legal bases described in the Privacy Policy, including contract necessity, legitimate interests, legal obligation, and consent where applicable.

3. Exercising Rights

You may request access, correction, deletion, portability, restriction, or object to processing by contacting us. You also have the right to lodge a complaint with your local supervisory authority.

4. International Transfers

Where personal data is transferred internationally, we rely on recognized transfer mechanisms where required (for example, standard contractual clauses).

Google OAuth Disclosure

If you choose to sign in using Google OAuth, Evergreen Sounds receives limited information from Google to create and maintain your account.

1. Data We Receive

Depending on your Google account settings and the permissions you grant, we may receive:

Your name
Your email address
Your profile image (if available)
A unique identifier associated with your Google account

2. How We Use Google Data

We use Google OAuth data solely to:

Create and maintain your Evergreen Sounds account
Authenticate you when you sign in
Provide access to purchased Products
Prevent fraud and ensure account security

3. No Sale or Advertising Use

We do not sell Google user data. We do not use Google OAuth data for advertising or marketing profiling.

4. Limited Sharing

Google OAuth data is not shared with third parties except as necessary to operate the Service (for example, our authentication provider, hosting provider, and security tooling), and only consistent with this Privacy Policy.

5. Data Retention and Deletion

We retain Google OAuth data only as long as necessary for the purposes described above. You can request deletion of your account data by contacting us.

6. Revoking Access

You can revoke Evergreen Sounds' access to your Google account at any time through your Google Account settings. If you revoke access, you may need to use a different sign-in method to continue using the Service.

Evergreen Sounds' use of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

Stripe & Payments

Payments for Products are processed by Stripe, a third-party payment processor. When you submit payment information, it is transmitted directly to Stripe. We do not store full payment card numbers.

Payment Authorization

By placing an order, you authorize Stripe to charge the payment method you provide for the amount displayed at checkout, including applicable taxes where required.

Receipts and Records

Stripe may provide receipts and transaction confirmations. We may also store transaction records (for example, order ID, product details, amount, and timestamps) for customer support, accounting, fraud prevention, and legal compliance.

Refunds

Our refund policy is stated in the Terms of Service. Any refunds that we approve will be processed back to the original payment method where possible, subject to payment processor rules and timing.

Disclaimer

THE PRODUCTS ARE PROVIDED "AS IS" 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.

While we strive to provide high-quality audio content, we do not guarantee that any Product will meet your specific requirements or expectations. It is your responsibility to review Product descriptions, previews, and samples before making a purchase.