Terms of Service
ELA TERMS OF SERVICE
Effective Date: Upon Purchase
Welcome to El Luchador Audio LTD! These Terms of Service ("Terms") govern your access to and use of the products, services, and website (collectively, the "Services") provided by El Luchador Audio LTD ("Company," "we," "our," or "us"). By purchasing, downloading, or using any product or service from El Luchador Audio LTD, you ("user," "customer," or "you") agree to be bound by these Terms.
If you do not agree with these Terms, do not purchase, download, or use our products or Services.
1. ACCEPTANCE OF TERMS
By purchasing, downloading, or using any product or Service from El Luchador Audio LTD, you acknowledge that:
- You have read and understood these Terms.
- You agree to comply with them.
- You are legally able to enter into this agreement.
2. ELIGIBILITY
To use the Services provided by El Luchador Audio LTD, you must:
- Be at least 18 years old or have parental/legal guardian consent.
- Have the legal capacity to enter into binding agreements.
If you do not meet these requirements, you may not use our Services.
3. PRODUCTS AND SERVICES
El Luchador Audio LTD offers digital music composition tools, including, but not limited to:
- Sample and loop-based instruments (e.g., Los Electronic Drums).
- Audio loops and one-shot samples.
- Kontakt-based virtual instruments.
3.2 Compatibility and Technical Requirements
Our products may require specific software or hardware to function properly. Please review the Technical Specifications section of each product page before purchase.
Third-Party Software Dependencies: Some products require third-party software such as Native Instruments Kontakt to function. El Luchador Audio LTD is not responsible for compatibility issues, licensing requirements, or limitations imposed by these third-party tools. It is your responsibility to obtain and maintain appropriate licenses for any required third-party software. We recommend verifying compatibility before purchase.
3.3 Product Updates and Maintenance
El Luchador Audio LTD may release updates, patches, or improvements to products. Updates are provided on a best-effort basis and are not guaranteed. We will endeavor to maintain product compatibility with current versions of major DAWs and compatible software, but do not guarantee compatibility with all systems or future updates to third-party software.
4. PURCHASES AND PAYMENTS
- Pricing: Prices are listed in USD or any other currency as displayed at checkout. Prices are subject to change without notice.
- Taxes: Applicable taxes will be calculated at checkout based on your location.
- Payment Methods: We accept major credit cards, PayPal, and other payment methods listed on our website.
- Refunds: As our products are digital and delivered instantly, all sales are final and non-refundable. Exception: If you experience a genuine product defect that prevents the product from functioning on a compatible system as documented in the Technical Specifications, contact support@elluchador.audio within 14 days of purchase with evidence of the issue. El Luchador Audio LTD will work with you to troubleshoot or may provide a refund at its discretion.
- Support: If you encounter issues with your purchase, contact us at contact@elluchador.audio. We aim to respond to support inquiries within 48 business hours.
4.1 Download Availability
Upon purchase, you will receive access to download your product through Native Instruments's platform. Download availability depends on Native Instruments' infrastructure and systems remaining operational. As long as Native Instruments' services are available and your license is valid, you will be able to download your product. We recommend downloading and backing up your purchased products to ensure long-term access, as El Luchador Audio LTD is not responsible for downtime or unavailability of Native Instruments' hosting platform.
5. LICENSING
All products from El Luchador Audio LTD are licensed, not sold. By purchasing or downloading any product, you are granted a non-exclusive, non-transferable, revocable license to use the product according to our End User License Agreement (EULA).
You agree NOT to:
- Resell, redistribute, or share the product files.
- Modify or reverse-engineer any part of our products or Services.
- Use our products in illegal or unauthorized ways.
Please refer to our EULA for detailed licensing terms.
6. INTELLECTUAL PROPERTY
All content provided by El Luchador Audio LTD, including but not limited to loops, one-shot samples, software, branding, and documentation, is protected by intellectual property laws.
You may not:
- Reproduce, distribute, or publicly display any part of our products without our prior written consent.
- Claim ownership of our products or derivative works based on them.
7. USER CONDUCT
When using the Services of El Luchador Audio LTD, you agree to:
- Use the products solely for lawful purposes.
- Not engage in any activity that disrupts or harms our Services, systems, or reputation.
- Not share or distribute unauthorized copies of our products.
7.1 Security and Bug Reporting
If you discover a security vulnerability or significant bug in our products, please report it responsibly to security@elluchador.audio. Provide details of the issue and steps to reproduce it. Do not publicly disclose the vulnerability without our prior written consent. We will investigate and work to address confirmed issues promptly.
8. PRIVACY
Your privacy is important to us. By using the Services of El Luchador Audio LTD, you consent to the collection, storage, and use of your personal information in accordance with this policy and our full Privacy Policy (incorporated into these Terms by reference).
8.1 Information We Collect
We collect information necessary to process your purchase and deliver products, including:
- Name, email address, and shipping address
- Payment information (processed through Stripe; we do not store full credit card details)
- Purchase history and product licensing information
- Any additional information you provide voluntarily (e.g., via support inquiries)
8.2 How We Use Your Information
We use your information to:
- Process and fulfill your orders
- Send order confirmations, download links, and serial numbers
- Respond to customer support inquiries
- Comply with legal and tax obligations
- Improve our products and services (aggregate, anonymized data only)
8.3 Data Security
We implement industry-standard security measures to protect your personal information. Payment processing is handled by Stripe, which is PCI-DSS compliant. However, no method of transmission over the internet is 100% secure, and we cannot guarantee absolute security.
8.4 Third-Party Sharing
We do not sell your personal information. We may share information with:
- Stripe (payment processing)
- Email service providers (for order confirmations and communications)
- As required by law (e.g., law enforcement, legal proceedings)
- Service providers who assist in operating our business (under confidentiality agreements)
8.5 Account Closure and Data Retention
Upon your request or termination of your account with El Luchador Audio LTD, we will retain your personal information only as long as necessary to comply with legal obligations (including tax and financial record-keeping requirements, typically 6-7 years). Your purchase history and download rights will be maintained indefinitely to verify your license ownership. You may request deletion of additional personal data by contacting privacy@elluchador.audio. See our full Privacy Policy for complete details on data retention and deletion procedures.
9. LIMITATION OF LIABILITY
To the fullest extent permitted by law, El Luchador Audio LTD is not liable for:
- Any indirect, incidental, or consequential damages arising from your use of our products or Services.
- Compatibility issues with your system or software.
- Loss of data or revenue resulting from the use of our products.
Our total liability for any claim related to these Terms will not exceed the amount you paid for the product in question.
10. WARRANTIES AND DISCLAIMERS
All products and Services from El Luchador Audio LTD are provided "as is" without warranties of any kind, express or implied, including but not limited to fitness for a particular purpose, merchantability, or non-infringement.
While we strive to provide high-quality products, we do not guarantee that:
- Our products will meet all your expectations.
- Our products will be free from errors or bugs.
- Our products will be compatible with all systems or future software updates.
11. TERMINATION
El Luchador Audio LTD reserves the right to terminate your license or access to our Services without notice if you violate these Terms or the EULA. Upon termination, you must immediately cease using and delete all copies of our products.
12. MODIFICATIONS TO THE TERMS
El Luchador Audio LTD reserves the right to update or modify these Terms at any time. The updated Terms will be effective immediately upon posting on our website. Your continued use of our Services constitutes acceptance of the updated Terms.
13. GOVERNING LAW AND DISPUTES
These Terms are governed by the laws of British Columbia, Canada, without regard to its conflict of law principles.
Dispute Resolution: Any disputes arising from these Terms or your use of our Services will be resolved through binding arbitration under the rules of the Canadian Arbitration Association, unless you choose to pursue the dispute in the courts of British Columbia, Canada. El Luchador Audio LTD reserves the right to pursue disputes in court or arbitration as it deems appropriate. Both parties agree to attempt good-faith resolution before initiating formal proceedings.
14. ARTIFICIAL INTELLIGENCE & MACHINE LEARNING RESTRICTIONS
You may not use, upload, or otherwise make available any ELA audio content, in whole or in part, for the purpose of training, developing, or improving any artificial intelligence or machine learning systems.
This includes, but is not limited to:
- Using ELA audio to train or fine-tune generative models (e.g., audio, music, or sample generation systems).
- Uploading ELA content to any platform or service that analyzes, learns from, or derives patterns from audio data.
- Using ELA sounds as source material to create datasets intended for machine learning purposes.
- Attempting to replicate, clone, or emulate the sound, structure, or characteristics of ELA products through automated or algorithmic means.
14.1 No Derivative AI Content
You may not use ELA products to generate, create, or distribute any content intended to imitate, replicate, or compete with the original sounds through artificial intelligence or similar technologies.
14.2 Permitted Use
For clarity, you are allowed to use ELA products in music production, audiovisual works, and commercial compositions, including projects where AI tools may be used as part of a broader creative workflow — provided that ELA audio is not used to train, inform, or generate AI models.
15. CONTACT INFORMATION
For questions, concerns, or support, please contact us:
- Email (General): contact@elluchador.audio
- Email (Privacy & Data): privacy@elluchador.audio
- Email (Security): security@elluchador.audio
- Website: https://elluchador.audio
16. ACKNOWLEDGMENT
By purchasing, downloading, or using any products or Services from El Luchador Audio LTD, you acknowledge that you have read, understood, and agreed to these Terms.
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Document updated: May 2026