Terms And Conditions
Website Owner, The Offering and Binding of Terms
This website (“Website”) is owned and operated by Fabio Gotti, operating under the brand name “HydraTek” (hereinafter referred to as “I,” “me,” or “my”). These Terms and Conditions (“Terms”) govern your access to and use of this Website and any related services, content, products, or digital materials offered through it. The Website provides, among other things: - Digital soundbanks and preset packs Sample packs - Digital products (including eBooks and educational content) - Bookable creative and consulting services - Blog content and educational resources - Portfolio materials and showreels - Other downloadable or streamable media content By accessing, browsing, purchasing from, or otherwise using this Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms. If you do not agree with any part of these Terms, you must not access or use the Website or its services. Use of this Website constitutes a legally binding agreement between you and the Website owner. You represent that you are at least 18 years old, or that you are accessing the Website under the supervision of a parent or legal guardian.
Account Registration and Eligibility
To create an account, access certain features of the Website, or purchase products and services, you must: - Be at least 18 years of age, or have reached the age of majority in your jurisdiction; - Have the legal capacity and authority to enter into a binding contract; - Provide accurate, current, and complete information during registration and checkout processes. By creating an account or using this Website, you represent and warrant that you meet these requirements. You may not use this Website or its services if: - Doing so would violate any applicable law or regulation in your jurisdiction; - You are prohibited from receiving digital goods or services under applicable laws; - You attempt to use the Website for unlawful, fraudulent, or unauthorized purposes. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. I reserve the right to suspend or terminate accounts that violate these Terms.
Key Commercial Terms
By purchasing a product or service through this Website, you agree that: - You are responsible for carefully reviewing the full product description, specifications, compatibility requirements, licensing terms, and pricing information before committing to purchase. - A legally binding contract is formed when you complete the checkout process and full payment has been successfully processed. - All prices for products and services are listed on the Website and may be subject to change at any time, including during promotional campaigns or special offers. - I reserve the right to modify prices, discontinue products, introduce discounts, or correct pricing errors that may inadvertently occur. - In the case of an obvious pricing error or technical mistake, I reserve the right to cancel the affected order and issue a refund of any amount paid. Price changes apply only to future purchases and do not affect orders already completed and paid.
Refund Policy - Digital Products
Due to the nature of digital products, all sales of downloadable content (including soundbanks, sample packs, digital books, and other digital materials) are final. By completing the purchase, you expressly consent to immediate delivery of digital content and acknowledge that you lose your statutory right of withdrawal. Once a digital product has been delivered or made available for download, refunds, exchanges, or cancellations cannot be granted, except in the limited circumstances outlined below. This policy is consistent with applicable consumer protection laws regarding digital content that is supplied immediately after purchase. Exceptions Refunds may be granted at my sole discretion in the following cases: - Accidental duplicate purchases of the same product - Incorrect product selection, where the product has not been downloaded - Technical issues that prevent proper access to the purchased content, and where the issue cannot be reasonably resolved In such cases, verification of purchase details may be required. Where appropriate, I may offer: - A refund to the original payment method - A store credit - A product exchange Product Responsibility Before purchasing, you are responsible for ensuring: - Compatibility with your software and system requirements - Understanding the product description and format - Reviewing available previews or demos All products are clearly described to allow informed purchase decisions. Dissatisfaction with Sound or Style Because sound design is subjective, dissatisfaction based on personal preference does not constitute grounds for a refund. However, if you experience any issues or concerns, you are encouraged to contact me. I am committed to providing support and finding reasonable solutions where appropriate.
Intellectual Property & License of Digital Products
All products, content, and materials available on this Website — including, without limitation, soundbanks, preset packs, sample packs, digital products, artworks, graphics, text, logos, trademarks, service marks, audio, video, music, and related Intellectual Property Rights — are the exclusive property of Fabio Gotti (HydraTek), unless otherwise stated. Nothing in these Terms transfers ownership of any Intellectual Property Rights to you. Upon purchase, you are granted a non-exclusive, non-transferable, non-sublicensable license to use the purchased digital products in accordance with the terms below. Permitted Use You are permitted to: - Use soundbanks and presets within compatible software instruments - Use samples and sounds in your own original music productions - Distribute, publish, perform, sell, license, or monetize music or audiovisual works created using the products - Use the products in commercial, non-commercial, personal, educational, broadcast, film, game, trailer, and multimedia projects All sounds are 100% royalty-free for use in original compositions. Prohibited Use You may NOT: - Resell, redistribute, share, sublicense, gift, or transfer the products in their original or modified form - Upload the products (in whole or in part) to any marketplace, website, file-sharing platform, or cloud storage for public access - Include the products in competing sound libraries, preset banks, or digital collections - Reverse engineer, decompile, extract source files, or recreate the products for redistribution - Share download links or account access credentials - Claim authorship or ownership of the products themselves The license granted is personal and may not be assigned to another party. No Transfer of Ownership Purchasing a product grants you the right to use it under license, but does not transfer ownership of the product or any associated Intellectual Property Rights. Website Content Any additional images, graphics, backgrounds, animations, or media elements used on this Website are either: - Licensed from royalty-free libraries - Used with written permission from the respective rights holders. All rights remain reserved to their respective owners.
Right to Modify Terms
I reserve the right to modify, update, or revise these Terms at any time to reflect changes in legal requirements, business practices, or Website functionality. Any updates will be posted on this page with a revised “Last Updated” date. Changes will become effective immediately upon publication unless otherwise required by applicable law. If material changes are made, reasonable notice may be provided through appropriate means, which may include email notification or a prominent notice on the Website. Your continued access to or use of the Website or its services after any updated Terms have been published constitutes your acceptance of the revised Terms. If you do not agree with the current or revised Terms, you must immediately discontinue use of the Website and services.
Right to Modify or Discontinue Services
I reserve the right to modify, update, suspend, or discontinue, temporarily or permanently, any aspect of the Website, its services, products, features, pricing, or design at any time. Such changes may be made to reflect business developments, technical improvements, legal requirements, or product evolution. While reasonable efforts may be made to provide notice where appropriate, I am not obligated to maintain any particular product, service, feature, or functionality for any specific duration. The Website and all products and services are provided on an “as available” basis. I shall not be liable to you or any third party for any modification, suspension, or discontinuation of any product, service, or feature, except where required by applicable law.
Right to Suspend or Terminate Accounts
I reserve the right to suspend, restrict, or terminate your access to the Website, your account, or any associated services at any time, with or without prior notice, if: - You violate these Terms and Conditions; - You engage in unlawful, fraudulent, or abusive behavior; - You infringe intellectual property rights; - You attempt to redistribute, share, or commercially exploit products beyond the granted license; - Your conduct poses a risk to the security, integrity, or operation of the Website. Such actions may be taken at my reasonable discretion and without liability to you. In cases of serious violations, account termination may be permanent. Suspension or termination of your account does not entitle you to any refund for digital products already delivered, except where required by applicable law. You may discontinue use of the Website and request account deletion at any time by contacting me. Account deletion does not affect previously granted licenses for lawfully acquired products, subject to compliance with these Terms.
Chargebacks & Payment Disputes
By purchasing any product or service through this Website, you agree not to initiate an unjustified chargeback, payment dispute, or reversal after receiving access to the purchased digital product or service. If you experience any issue with your purchase, you agree to contact me directly to seek a resolution before initiating any dispute with your payment provider. Initiating a fraudulent or bad-faith chargeback after receiving access to digital goods may be considered a breach of these Terms and may result in: - Immediate suspension or termination of your account; - Revocation of access to previously purchased products; - Recovery actions for disputed amounts, including reasonable administrative and legal costs where applicable. I reserve the right to provide evidence of product delivery, download access, login activity, and acceptance of these Terms to payment processors or financial institutions in response to disputed transactions. Nothing in this clause affects your rights under applicable consumer protection laws where a legitimate dispute exists.
Limitation of Liability & Disclaimer
All products, digital content, and services provided through this Website are offered “as is” and “as available,” without warranties of any kind, whether express or implied. To the fullest extent permitted by applicable law, I disclaim all warranties, express or implied, including but not limited to: - Implied warranties of merchantability - Fitness for a particular purpose - Non-infringement - Compatibility with specific software, hardware, or operating systems While I make reasonable efforts to ensure that products function as described, I do not guarantee uninterrupted availability, error-free operation, or compatibility with all software environments. You acknowledge that the use of digital audio products depends on multiple external factors, including but not limited to: - Third-party software updates DAW compatibility - Operating system updates - Plugin or instrument versions I shall not be held liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to: - Loss of data - Loss of income or profits - Business interruption - Project delays - Reputational damage - Loss of goodwill arising out of or related to the use or inability to use the products or Website. In any event, total liability shall not exceed the amount paid by you for the specific product or service giving rise to the claim. Nothing in these Terms excludes or limits liability where such exclusion would be unlawful under applicable consumer protection laws.
Indemnification
You agree to indemnify, defend, and hold harmless Fabio Gotti (HydraTek) from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: - Your use or misuse of the Website; - Your use of any products or services purchased through the Website; - Your violation of these Terms; - Your violation of any applicable law or regulation; - Your infringement of any third-party rights, including intellectual property rights. This indemnification obligation survives termination of your use of the Website and services.
Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of or in connection with them, their subject matter, or their formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Italy, without regard to conflict of law principles. Any disputes arising from or related to the use of this Website, its products, or services shall be subject to the exclusive jurisdiction of the competent courts of Italy. If you are a consumer residing in the European Union, you may also benefit from any mandatory provisions of the consumer protection laws in your country of residence. Nothing in these Terms shall deprive you of any mandatory rights granted under applicable consumer protection legislation. For users residing outside the European Union, you agree that any disputes shall be resolved exclusively before the courts located in Italy, unless otherwise required by applicable law.
Miscellaneous Provisions
Prohibited Uses You agree not to use the Website, its content, products, or services: - For any unlawful purpose or in violation of applicable laws or regulations; - To engage in fraudulent, abusive, or harmful conduct; - To attempt unauthorized access to systems, accounts, or networks connected to the Website; - To interfere with the security, functionality, or integrity of the Website; - To use automated systems, bots, scraping tools, or data extraction methods without authorization; - To distribute malware, harmful code, or other disruptive technologies. Any violation of this section may result in immediate suspension or termination of access. Force Majeure I shall not be held liable for any failure or delay in performance resulting from events beyond reasonable control, including but not limited to: - Natural disasters; - Internet outages or technical disruptions; - Government actions or regulatory changes; - Third-party service interruptions; - Cyberattacks or unforeseen infrastructure failures. Severability If any provision of these Terms is found to be unlawful, void, or unenforceable under applicable law, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. Entire Agreement These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and the Website owner regarding use of the Website and its services, and supersede any prior agreements or understandings, whether written or oral. Failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.