These Terms of Service ("Terms") govern your use of itskooly.com (the "Site") and any product, license, or membership sold through it. By using the Site or buying from us, you agree to these Terms.

We publish this document in English and Spanish and both versions are equally authentic. In case of inconsistency between the two versions, the Spanish version shall prevail for consumers domiciled in Chile; the English version shall prevail in all other cases. Nothing in this clause limits the non-waivable statutory rights of a consumer under the law of their country of habitual residence.

1. Parties and definitions

"We", "us", "Kooly" means José Chrystian Soria Diaz, trading as It's Kooly / Kooly, RUT 23.408.107-1, based in Santiago de Chile, Región Metropolitana, Chile. Full identification on our Legal Notice.
"You" means the natural person or legal entity that uses the Site, creates an account, or places an order.
"Beat" means any audio work, instrumental, sample pack, or related file we make available through the Site.
"License" means the rights we grant to you over a Beat under a specific tier, as detailed in the License Agreement.
"Membership" means a recurring-billing plan that grants credits, perks, or access during a billing period.
"Order" means a purchase completed through our checkout.

2. Services offered

We offer three categories of services:

Beat licensing — non-exclusive and exclusive licenses to use our Beats under the tiers described in the License Agreement.
Memberships — subscription plans that recur monthly or annually and may include credits, discounts, or catalog access.
Custom services — bespoke production work contracted separately by email. Custom work is governed by a work-order that incorporates these Terms by reference.

We may add, remove, or modify features at any time. Material changes that affect paid services will not reduce rights already granted under a completed Order.

3. Account obligations

To buy or manage a License, you may need an account. If you create one:

You confirm you are at least 16 years old. We do not provide services to anyone under 16.
You provide accurate information and keep it up to date.
You are responsible for the security of your credentials. Do not share your login.
You are responsible for all activity under your account unless you prove the activity was unauthorized and caused by our fault.

We may suspend or terminate accounts that breach these Terms, with notice where practical.

4. Acceptable use

When you use the Site, you agree not to:

Resell or redistribute Beats as standalone files.
Reverse-engineer, decompile, or attempt to extract source components of the Site.
Scrape, spider, or systematically download Site content by automated means.
Use our Beats or any part of them to train machine-learning or AI models without our prior written consent.
Use the Site to send spam, malware, or abusive content.
Circumvent rate limits, authentication, or license restrictions.
Violate any applicable law while using the Site.

5. Pricing and payment

Prices are displayed in US dollars (USD). Currency conversion to your local currency, if any, is handled by the payment processor at its published rates.
Payments are processed by MercadoPago. By placing an Order you also accept MercadoPago's applicable terms. We never see or store your card data.
Any taxes, duties, or fees applicable to your jurisdiction are your responsibility unless the payment processor collects them on your behalf at checkout.
All prices are inclusive of any mandatory consumer information required by Chilean Ley 19.496 (Ley del Consumidor) and applicable EU consumer law.

6. License types — overview

We grant Licenses under the following tiers: Basic, Premium, Premium Plus, Unlimited, and Exclusive. Each tier defines:

Permitted uses (streams, downloads, distribution, synchronization, broadcast).
Numeric caps (where applicable).
Exclusivity clauses (where applicable).
Credit requirements ("Prod. by Kooly" where applicable).
Prohibited uses.

The authoritative text of each tier is the License Agreement. The License Agreement, together with the per-order contract PDF delivered with each purchase, is the binding instrument that governs the scope of your rights in a Beat.

7. Memberships and credits

Billing. Memberships are billed in advance on a recurring basis. For customers in LATAM paying via MercadoPago preapproval, renewals are automatic. For customers outside LATAM, renewal is manual through repeat checkout.
Cancellation. You can cancel at any time from your account panel. Cancellation stops future renewals. It does not refund the period already paid.
Credits. Credits granted by a Membership are redeemable only during the validity period of that Membership and expire at the end of it unless we state otherwise in writing.
Non-refundable credits. Unused credits are not refundable in cash or in kind.
Renewal price changes. We may change the renewal price with at least 30 days' notice before the next renewal. If you do not accept the new price, cancel before the notice period ends; your current period is honored at the original price.

8. Refund rights

Refund eligibility is governed by the Refund Policy. In particular, digital goods are non-refundable after download begins, subject to the waiver of the right of withdrawal that you explicitly accept at checkout. This waiver does not affect the non-waivable statutory rights you may have as a consumer under the law of your country of residence.

9. Intellectual property

All Beats, audio files, artwork, text, graphics, trademarks, logos, and other content on the Site are owned by us or our licensors. All rights are reserved.
No Order transfers ownership to you. A License grants you the specific rights described in the License Agreement and nothing more.
You must not remove, obscure, or alter any copyright or credit notice.
The "It's Kooly" and "Kooly" names and associated marks are ours. You may not use them except to provide the credit required by your License.

10. User-provided content

We do not currently operate features that allow you to upload public content. If that changes, we will update these Terms to describe the rights, responsibilities, and license you grant us over the content you provide, and we will notify you before the change takes effect.

11. Disclaimers and warranties

To the maximum extent permitted by applicable law, the Site and the Beats are provided "as is" and "as available", without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

This clause does not exclude or limit any warranty that applicable law does not allow to be excluded or limited. If you are a consumer under Chilean Ley 19.496 or under EU consumer law, you keep the warranties and remedies that those laws grant you regardless of this section.

12. Limitation of liability

To the maximum extent permitted by applicable law, our total liability to you for any claim arising out of or relating to these Terms, the Site, a License, or a Membership is capped at the total amount you paid us in the twelve (12) months before the event giving rise to the claim.

We are not liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits, lost data, or loss of goodwill, even if we were advised of the possibility.

Consumer carveout. This section does not limit or exclude any liability that cannot be limited or excluded under applicable law, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or the non-waivable statutory rights of consumers under Chilean Ley 19.496 and EU consumer law. If any part of this section is held unenforceable against a consumer, the rest of the section remains in force to the fullest extent allowed.

13. Indemnification

You agree to defend and hold us harmless from any claim, loss, liability, or expense (including reasonable legal fees) arising from:

Your breach of these Terms, the License Agreement, or the Refund Policy.
Your misuse of a Beat outside the scope of your License.
Content you submit to the Site in violation of third-party rights.

This obligation does not apply to the extent the claim results from our own breach, negligence, or willful misconduct, and it does not limit your non-waivable consumer rights.

14. Term and termination

These Terms apply from the moment you use the Site or place an Order and continue until terminated.

You can stop using the Site at any time. Active Licenses survive termination unless revoked for breach.
We may suspend or terminate your account or access for material breach, fraud, chargeback abuse, or legal requirement. Where practical we will give notice and a chance to cure.
License survival. Licenses you have paid for and not breached remain valid after termination of your account, according to their own terms.
Refund on termination. If we terminate your account without a valid reason, we will refund any unused prepaid period of a Membership on a pro-rata basis.

15. Governing law

These Terms are governed by the laws of the Republic of Chile, without regard to its conflict-of-laws rules.

Consumer carveout. If you are a consumer, you keep the mandatory protections of the law of your country of habitual residence. Nothing in this clause deprives you of the protection of those rules. In particular, consumers in the European Union retain the protections of the law of their Member State of residence, and consumers in Chile retain the protections of Ley 19.496.

16. Dispute resolution

Before starting any legal proceeding, we ask you to write to kooly@itskooly.com and give us a reasonable opportunity to resolve the dispute in good faith.

If the dispute cannot be resolved, the commercial disputes arising out of these Terms are submitted to the competent courts of Santiago de Chile. Consumers keep the right to bring proceedings before the courts of their country of residence where applicable law so requires, and to use any alternative dispute-resolution mechanism offered by their national consumer authority (for example, SERNAC in Chile, or the EU Online Dispute Resolution platform at ec.europa.eu/consumers/odr).

17. Miscellaneous

Entire agreement. These Terms, the License Agreement, the Refund Policy, the Privacy Policy, and any Order-specific document together form the entire agreement between you and us.
Severability. If any part of these Terms is held unenforceable, the rest remains in force.
No waiver. Our failure to enforce a right is not a waiver of that right.
Assignment. You may not assign your rights under these Terms without our prior written consent. We may assign our rights to a successor in the course of a corporate reorganization or sale, with notice.
Amendments. We may update these Terms. The "last updated" date reflects the most recent revision. Material changes take effect no earlier than 30 days after we publish them, unless applicable law requires otherwise. Orders placed before the change are governed by the version in force at the time of the Order.
Language. See the ambiguity-resolution clause at the top of this document.

18. Contact

Email: kooly@itskooly.com
Legal identification: see our Legal Notice
Related documents: License Agreement · Refund Policy · Privacy Policy