Policies

Privacy Policy
Last Updated: 01/17/2025
Tempest Instruments is committed to respecting your privacy. This privacy policy outlines how we collect, process, and protect your personal data. If you have any questions or concerns, please contact us using the information below.

Owner and Data Controller
Tempest Instruments 2 Coneflower Court, Black Mountain, NC 28711 Email: admin@tempestinstruments.com

Types of Data We Collect
We collect personal data either directly from you or automatically through third-party services. This may include:
- Usage Data: Information such as IP addresses, browser type, operating system, referral source, and navigation paths.
- Personal Information: Name, email address, password, and optional details like phone number, address, VAT number, or professional details.
Some of this data is necessary for providing our services. Optional data is collected only if you choose to provide it. If you’re unsure about what data is mandatory, feel free to reach out to us.
Cookies or other tracking technologies may also be used to improve your experience on our website. These technologies help us analyze user behavior, track orders, and enhance website functionality.

How We Process Your Data
We use secure systems to process your personal data responsibly and to protect it from unauthorized access, disclosure, or modification. Your data is processed for purposes such as:
- Fulfilling orders and providing downloads.
- Sending communications, updates, or support responses.
- Improving our website and services through analytics.

Legal Basis for Processing
We process your personal data based on the following:
- Your explicit consent for specific purposes.
- Fulfilling contractual obligations (e.g., processing an order).
- Compliance with legal requirements.
- Legitimate business interests, such as improving our products and services.
If you have questions about the legal basis for specific data processing activities, contact us at admin@tempestinstruments.com.

Where and How We Store Your Data
Your data is processed at our main offices and any third-party locations involved in providing our services. In some cases, data may be transferred internationally. If your data is transferred outside your country or the EU, we ensure appropriate security measures are in place.

Retention of Data
We retain personal data only as long as necessary for the purposes outlined:
- Data related to orders is stored until the order is fulfilled or the contract ends.
- For legal compliance or legitimate business interests, data may be retained longer. Once data is no longer needed, it will be deleted securely.

Third-Party Services
We use trusted third-party providers to support our services, including:
- Native Instruments: File hosting and delivery.
- Mailchimp & Sendy: Email communications and marketing.
- Amazon SES: Processing of email SMTP sends
- PayPal and Stripe: Payment processing.
- Vibracart: Shopping cart and order tracking.
These providers have their own privacy policies, which govern their handling of your data.

Your Rights
You have the following rights regarding your data:
- Access: Request a copy of your data.
- Rectification: Correct inaccurate or incomplete data.
- Deletion: Request the removal of your data (with some exceptions for legal compliance).
- Restriction: Limit the processing of your data in certain circumstances.
- Portability: Receive your data in a commonly used format for transfer to another provider.
- Withdraw Consent: Revoke consent for data processing at any time.
To exercise these rights, contact us at privacy@tempestinstruments.com. We will respond within 30 days.

Cookies and Analytics
We use cookies to enhance your browsing experience and improve our services. These small text files help us analyze website traffic, track orders, and identify returning visitors. You can manage cookie preferences in your browser settings.
For analytics, we use Google Analytics to gather anonymous data about website usage. This helps us understand user behavior and improve our offerings.

Data Security
Your data is stored securely, and all communication with our website is encrypted using SSL certificates. Payment information is processed securely through third-party providers and is not stored by us.

Changes to This Policy
Tempest Instruments may update this policy as needed. Significant changes will be communicated via email or posted on our website. We encourage you to review this policy periodically.

Contact Information
If you have questions about this policy or your rights, please contact us at: admin@tempestinstruments.com

Cookies Policy
Last Updated: 01/17/2025
This website uses cookies to enhance your experience and provide our services. Cookies are small portions of code stored in your browser that help us improve functionality and understand how users interact with our website. Some cookies require your consent, which can be freely given or withdrawn at any time.


Types of Cookies We Use
Essential Cookies
These cookies are necessary for the website to function properly. For example, they save your session information and help maintain the functionality of features like login or the shopping cart.
Preference and Optimization Cookies
We use cookies to store your preferences and enhance your browsing experience. For example, they enable the “remember me” feature, so you can stay logged in even after closing your browser.


Third-Party Cookies
Analytics
We use third-party services like Google Analytics to monitor website traffic and analyze user behavior. This helps us improve our services and optimize the website experience.
- Google Analytics (Google Inc.): Google collects data to track and report on website usage, including anonymized information like IP addresses, browser type, and navigation paths.
- Data Collected: Cookies and usage data.
- Place of Processing: United States – Privacy Policy – Opt-Out.
Spam Protection
To protect against spam and abuse, we use tools like Google reCAPTCHA to analyze website traffic and ensure it comes from legitimate users.
- Google reCAPTCHA (Google Inc.):
- Data Collected: Cookies and usage data.
- Place of Processing: United States – Privacy Policy.

Managing Your Cookie Preferences
You can manage or disable cookies directly through your browser settings. For example:
Google Chrome
Mozilla Firefox
Apple Safari
Microsoft Edge
For cookies installed by third-party services, you can also manage your preferences or withdraw consent by visiting the third party’s privacy policy or opt-out page.


Additional Resources
For further information on managing cookies and tracking preferences, you can consult the following resources:
- European Interactive Digital Advertising Alliance (EDAA): Your Online Choices
- Network Advertising Initiative (NAI): Opt-Out
- Digital Advertising Alliance (DAA): Opt-Out


Owner and Data Controller
Tempest Instruments 2 Coneflower Court, Black Mountain, NC 28711 Contact Email: admin@tempestinstruments.com


Important Notes
While we make every effort to ensure the accuracy of this policy, third-party services may implement their own cookies and tracking systems. We encourage you to review their privacy policies directly for more details.
If you have any questions about this policy or how we use cookies, feel free to contact us.

End User License Agreement (EULA)
Last Updated: 01/17/2025
1. Introduction
This End User License Agreement (“EULA”) is a binding legal contract between you and Tempest Instruments. By downloading, installing, or using any Tempest Instruments product, you agree to comply with the terms and conditions detailed in this document. If you do not agree to these terms, you must remove all Tempest Instruments products from your devices and cease their use immediately.

2. Consent
By clicking “accept,” installing, or using our software, you confirm that you agree to this EULA in full. If you cannot comply with these terms, you are not permitted to use the software. Additionally, by agreeing, you affirm that you are of legal age to enter into this agreement and will abide by its terms.

3. Software License
Tempest Instruments grants you a non-transferable license to use the software solely for creating audio content, such as musical compositions, sound design, and audiovisual works. This license strictly prohibits selling, sharing, or sublicensing the software or any of its components to third parties. Furthermore, reverse engineering, decompiling, or modifying the software in any way is not allowed.
The software, including but not limited to audio samples, graphics, logos, and trademarks, remains the exclusive intellectual property of Tempest Instruments. While you are permitted to use these resources for personal or professional creative projects, you are not authorized to use them to develop competing sample libraries or virtual instruments.
The audio samples provided with our software (“Samples”) are licensed exclusively for use within Tempest Instruments products. You may integrate these samples into your music, sound design, or commercial projects. However, you may not redistribute or resell them in any form, including as part of a new sample library or instrument, without explicit prior consent from Tempest Instruments.
Prohibited Actions:
- Sharing, uploading, or distributing Tempest Instruments products or samples to public platforms, including servers or torrent sites.
- Using Tempest Instruments samples to create or distribute competing sample libraries or virtual instruments.

4. Term and Termination
Your license to use the software remains valid unless terminated. You may terminate the license at any time by uninstalling the software and deleting all associated files.
Tempest Instruments reserves the right to immediately terminate your license if you violate any terms of this agreement. Upon termination, you must discontinue all use of the software and delete all copies from your devices and storage systems.

5. Indemnification
Tempest Instruments is not responsible for any misuse of the software. You agree to indemnify and hold Tempest Instruments harmless from any claims, damages, or legal expenses arising from your use of the software or failure to adhere to the terms of this EULA.

6. Warranty Disclaimer
The software is provided “as is,” without warranties of any kind. Tempest Instruments disclaims all implied warranties, including but not limited to fitness for a particular purpose, merchantability, and non-infringement. We are not liable for any direct or indirect losses, such as lost profits or data, resulting from the use of our software.

7. Non-Transferable License
This license is strictly for your personal use and cannot be transferred or assigned to any other individual or entity. Any attempt to do so will render the license void. Tempest Instruments retains the right to assign this agreement or delegate its obligations.

8. Limitation of Liability
Tempest Instruments’ total liability under this EULA is limited to the amount you paid for the software.

9. General Terms
This EULA constitutes the entire agreement between you and Tempest Instruments and supersedes all prior agreements, discussions, or understandings regarding the software. Any modifications to this agreement must be made in writing and signed by both parties.
If any section of this agreement is found to be unenforceable, the remaining terms will remain valid and enforceable.
This agreement is governed by the laws of the State of North Carolina, and any disputes will be resolved exclusively in the courts of Wake County, North Carolina. Each party is responsible for their own legal expenses unless otherwise determined by the court.
For any questions regarding this agreement, please contact Tempest Instruments at [admin@tempest.audio].

Terms of Use
Last Updated: 01/17/2025
This page outlines the Terms of Use ("Terms") under which you may access and utilize the Tempest Instruments website ("Website"). These Terms govern all purchases and interactions on the Website, so please review them carefully. By using the Website, you are also agreeing to the Tempest Instruments Privacy Policy, which is incorporated by reference into these Terms.
These Terms form a binding agreement between you and Tempest Instruments. By accessing or using the Website, you indicate your acceptance of these Terms. If you do not agree, please do not use the Website. Tempest Instruments reserves the right to revise these Terms at its sole discretion by posting updates on this page. You are encouraged to review these Terms periodically, as they are binding on you.

Definitions
"Website": Refers to any website, page, or subpage controlled by Tempest Instruments, including but not limited to www.tempestinstruments.com and its subdomains. This includes all content such as text, images, audio, video, software, and downloadable files.
"Tempest Instruments Product(s)": Refers to any product purchased from Tempest Instruments via the Website.
"We," "Us," or "Our": Refers to Tempest Instruments.
"You," "Your," or "User": Refers to any individual or entity accessing or using the Website or purchasing Tempest Instruments Products.

Website Usage
You agree to use the Website in a lawful manner consistent with these Terms. You may not use the Website in any way deemed inappropriate or objectionable by Tempest Instruments.
Tempest Instruments reserves the right to restrict, suspend, or terminate your access to the Website without notice for any reason. You agree to access the Website only through the provided interfaces and not to tamper with, reverse-engineer, or damage the Website or its security.


Purchases Through the Website
Delivery
Tempest Instruments will deliver purchased products to the email address you provide at checkout.
Pricing
Unless otherwise noted, all listed prices represent the total cost of the product.
Refunds
You may request a refund within 30 days of purchase, provided the product has not been downloaded. For assistance with refunds, please contact us.


Intellectual Property
All content on the Website, including but not limited to designs, text, images, software, and trademarks, is the exclusive property of Tempest Instruments or its licensors.
You may not copy, reproduce, or distribute any part of the Website without prior written consent from Tempest Instruments. Any software or code used to operate or display the Website is also protected by copyright law.


Warranty Disclaimer
The Website and all Tempest Instruments Products are provided "as is" without warranties of any kind. Tempest Instruments does not guarantee that the Website or Products will function without errors or interruptions.
Tempest Instruments disclaims all implied warranties, including fitness for a particular purpose, merchantability, and non-infringement. Use of the Website or Products is at your own risk.


Limitation of Liability
Tempest Instruments is not liable for any damages arising from the use or inability to use the Website or Products, including but not limited to direct, indirect, incidental, or consequential damages.
In any case, Tempest Instruments’ total liability will not exceed the amount paid by you for the product in question.


Indemnification
You agree to indemnify and hold harmless Tempest Instruments, its affiliates, and their employees or agents from any claims, damages, or expenses arising from your use of the Website or violation of these Terms.


Term and Termination
These Terms remain in effect while you use the Website. Tempest Instruments may terminate your access to the Website or services at any time for violating these Terms. Even after termination, certain provisions of these Terms will remain enforceable.


Miscellaneous
Privacy
For details on how Tempest Instruments collects and uses your personal information, please refer to our Privacy Policy.
Links to Third-Party Websites
The Website may contain links to external sites for convenience. Tempest Instruments does not endorse or take responsibility for the content or accuracy of third-party websites. Access these sites at your own risk.
Commercial Use
You may not use the Website for unauthorized commercial purposes.
International Access
Tempest Instruments makes no guarantees that the Website is accessible or lawful outside the United States. If you access the Website internationally, you are responsible for complying with local laws.
Governing Law
These Terms are governed by the laws of North Carolina. All disputes will be resolved exclusively in the courts located in Wake County, North Carolina.
Waiver
Failure to enforce any provision of these Terms does not constitute a waiver of those rights or provisions.
Headings
Section headings are provided for reference only and do not affect the interpretation of these Terms.


Contact Information
If you have any questions about these Terms, please contact Tempest Instruments at:
Tempest Instruments 2 Coneflower Court Black Mountain, NC 28711 United States Email: support@tempestinstruments.com

Refunds
Last Updated: 01/17/2025
Due to the digital nature of our products, we are unable to offer refunds once your purchase has been downloaded. By purchasing and downloading our products, you confirm that you have read and understood the product description, requirements, and prerequisites, and agree to this Refund Policy.
If you have not downloaded your purchase within thirty (30) days and need to cancel and request a refund, please reach out to our customer support team for assistance.