Terms of Use

Last updated: January 2025

These terms govern your access to and use of kognerastudio.com and our online digital security services.

1. Introduction and Acceptance of Terms

Welcome to kognerastudio.com (the "Site"), operated by Commerce Holdings LLC ("Company", "we", "our", or "us"). Our registered office is located at 1100 Highway 82 E, Indianola, MS 38751-2251, United States. You may contact our support team at support@kognerastudio.com or by phone at +1 (510) 907-4402.

These Terms of Use ("Terms") govern your access to and use of the Site, including subscriptions to our online digital security services (collectively, the "Service"). By accessing or using the Site or Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Cookies Policy. If you do not agree to these Terms, you may not access or use the Site or Service.

The Service operates entirely through our website, where users purchase and manage access to the Service directly using the payment methods provided, including credit or debit cards. Once payment is successfully processed, you gain access to the Service through the Site, including all features available under your selected subscription plan.

Our current subscription plans are as follows:

  • Weekly Plan: $4.99 per week - Ideal for short-term protection with full access to all features, including identity monitoring, enhanced email security, ad blocking, and more. Cancel anytime.
  • Monthly Plan: $11.99 for the first month - Perfect for regular use, including all Weekly Plan features. After the first month, the subscription auto-renews at $39.99 per month. Cancel anytime.
  • Quarterly Plan: $20.99 for the first month - Best for long-term protection, including all features from the Monthly Plan. After the first month, make a one-time payment of $59.99 for three months. Cancel anytime.
  • Pay As You Go: $2 per two days - Pay only for what you use. The plan activates for two days, with no charges when not in use. Cancel or pause at any time.

All payments are processed securely on our Site, and you authorize us to charge your selected payment method for the subscription fee. Our Service provides a 100% Money-Back Guarantee in the event of verified technical issues preventing proper use of the Service, subject to the terms outlined herein. You may also cancel your subscription at any time directly through the Site.

By using our Service, you confirm that you are legally capable of entering into binding contracts and that you are either at least the age of majority in your jurisdiction or have obtained parental or guardian consent to use the Service.

These Terms apply to users accessing the Site from the United States, the United Kingdom, and any other jurisdictions where the Service is made available, and you agree to comply with all applicable laws while using the Site.

The Company reserves the right to modify, update, or discontinue the Site or Service, in whole or in part, at any time without prior notice, provided that such modifications will not affect your rights under an active subscription unless otherwise specified.

2. Definitions

For the purposes of these Terms, the following definitions apply:

  • "Site" refers to kognerastudio.com, including all pages, features, tools, and services provided through the Site.
  • "Company," "we," "our," or "us" means Commerce Holdings LLC, a company based in the United States with a registered office at 1100 Highway 82 E, Indianola, MS 38751-2251, United States.
  • "Service" means any services provided by the Company via the Site, including but not limited to digital security tools, identity monitoring, email protection, ad blocking, device security features, and other online protection functionalities available through the Site.
  • "User," "you," or "your" refers to any individual or entity accessing or using the Site or Service, including subscribers and trial users.
  • "Subscription Plan" means a paid plan that grants the User access to the Service, including Weekly, Monthly, Quarterly, and Pay-As-You-Go plans. Subscription Plans may include additional features or benefits as described on the Site.
  • "Payment Method" refers to any credit or debit card used by the User to pay for a Subscription Plan through the Site. Payment Methods include, but are not limited to, the card number, expiration date, CVC code, and cardholder name.
  • "Money-Back Guarantee" refers to the Company's policy of offering a full refund in cases where verified technical issues prevent the proper use of the Service, as detailed in the Refund and Cancellation Policy section.
  • "Privacy Policy" refers to the Company's policy governing the collection, use, and protection of your personal information, which is incorporated into these Terms by reference.
  • "Cookies Policy" refers to the Company's policy regarding the use of cookies and similar technologies on the Site, which is also incorporated into these Terms by reference.
  • "Content" means any text, images, graphics, videos, software, data, or other materials made available through the Site or Service.
  • "Third-Party Services" refers to any products, services, or tools provided by entities other than the Company that may be used in conjunction with the Service, including payment processors and analytics providers.

These definitions apply throughout these Terms, and any capitalized terms not specifically defined herein shall have the meanings assigned in the context in which they appear.

3. Eligibility and Account Requirements

Eligibility

  • 3.1. To access or use the Site or the Service, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is higher.
  • 3.2. By registering for or using the Service, you confirm that you meet these age requirements and have the legal capacity to enter into binding agreements.
  • 3.3. The Service is available to users worldwide; however, these Terms are governed primarily by the laws of the United States. Users from other jurisdictions, including the United Kingdom and the European Union, may access the Service but are responsible for ensuring compliance with all local laws applicable to their use.

Account Registration

  • 3.4. To access certain features of the Service, you may be required to create an account by providing accurate, current, and complete information, including your full name, a valid email address, and a secure password.
  • 3.5. You agree to maintain and promptly update your account information to keep it accurate and current at all times.
  • 3.6. Each User account must be registered to a unique email address. Sharing, transferring, or selling account credentials is strictly prohibited unless explicitly authorized by the Company.

Account Security

  • 3.7. You are solely responsible for maintaining the confidentiality of your account credentials, including your password and any verification codes, and for all activity that occurs under your account.
  • 3.8. You must notify the Company immediately at support@kognerastudio.com if you suspect unauthorized use of your account or any security breach.
  • 3.9. The Company will not be liable for any losses or damages arising from your failure to maintain the security of your account credentials.

Eligibility Restrictions

  • 3.10. You may not access or use the Service if you have been suspended, banned, or otherwise restricted from doing so by the Company.
  • 3.11. You must not use the Service for any unlawful purpose or in violation of any applicable laws, regulations, or third-party rights.
  • 3.12. Users located in countries or territories subject to trade restrictions, sanctions, or embargoes imposed by the United States or other relevant authorities may be restricted from using some or all features of the Service.

Verification

  • 3.13. The Company reserves the right to verify your identity, age, and account details at any time, including through third-party verification services, to ensure compliance with these Terms and applicable laws.
  • 3.14. Failure to complete a verification request within a reasonable period may result in temporary suspension or termination of your account.

4. Payments and Subscriptions

Subscription Plans

  • 4.1. The Service offers four subscription plans:
  • Weekly Plan: $4.99 per week. Ideal for short-term protection with full access to all features, including identity monitoring, enhanced email security, ad blocking, and more. Cancel anytime.
  • Monthly Plan: $11.99 for the first month. Perfect for regular use, including all Weekly Plan features. After the first month, the subscription auto-renews at $39.99 per month. Cancel anytime.
  • Quarterly Plan: $20.99 for the first month. Best for long-term protection, including all features from the Monthly Plan. After the first month, make a one-time payment of $59.99 for three months. Cancel anytime.
  • Pay As You Go: $2 per two days. Pay only for what you use. The plan activates for two days, with no charges when not in use. Cancel or pause at any time.

4.2. Each plan provides access to the full set of features of the Service, including Identity Monitoring, Email Security, WebShield, SMS Filter, AdBlock, and Device Security.

4.3. The Company reserves the right to modify, update, or discontinue subscription plans at any time. Any changes will not affect active subscriptions already paid for, unless otherwise agreed.

Payment Method

4.4. Payments are processed directly through the Site using credit or debit cards. No third-party app store payments are used.

4.5. To subscribe, Users must provide accurate and complete payment details, including card number, expiration date, CVC code, and cardholder name.

4.6. By submitting payment information, Users authorize the Company to charge the applicable subscription fee to their selected payment method.

Billing and Auto-Renewal

4.7. Subscriptions automatically renew at the end of each billing period unless canceled in accordance with Section 4.10.

4.8. Users will be charged the same plan rate unless the Company announces a change in pricing at least 30 days in advance.

4.9. Users are responsible for maintaining up-to-date payment information to avoid service interruption.

Cancellation and Refunds

4.10. Users may cancel subscriptions at any time through their account settings. Cancellation will prevent future billing but will not refund the current period unless otherwise stated.

4.11. The Service provides a 100% Money-Back Guarantee in cases where technical issues prevent the User from using the Service as intended.

4.12. Refunds are processed at the sole discretion of the Company and must be requested via support@kognerastudio.com. Proof of technical issues or service malfunction may be required.

4.13. The Company is not responsible for partial refunds for unused periods if the User voluntarily cancels a subscription without a valid technical issue.

Taxes

4.14. Users are responsible for any applicable taxes related to subscription payments.

4.15. The Company may collect taxes on behalf of local tax authorities, where required.

Changes to Pricing

4.16. The Company reserves the right to modify subscription fees or add new fees at any time.

4.17. Any change in pricing will be communicated to Users via email or through the Service interface before taking effect.

Payment Security

4.18. All payment information is encrypted and transmitted securely using industry-standard protocols.

4.19. The Company does not store sensitive card data beyond what is necessary for processing payments.

5. User Conduct and Acceptable Use

General Conduct

5.1. Users agree to use the Service only for lawful purposes and in a manner consistent with all applicable laws and regulations in the United States, United Kingdom, and any other jurisdictions in which they access the Site.

5.2. Users must not engage in any activity that could harm, disable, overburden, or impair the Service, interfere with other Users' access, or attempt to bypass or disrupt any security or authentication measures implemented by the Company.

Prohibited Activities

5.3. Users may not:

  • • Use the Service to infringe upon intellectual property rights or other proprietary rights of the Company or third parties.
  • • Access the Service through automated tools, bots, scripts, or scraping methods without prior written consent from the Company.
  • • Introduce or distribute malicious code, viruses, worms, or any other harmful software through the Service or connected systems.
  • • Use the Service to send unsolicited communications, spam, or misleading content.
  • • Attempt to gain unauthorized access to other Users' accounts, data, or confidential information.

Account Responsibility

5.4. Each User is responsible for maintaining the confidentiality of their account credentials, including email and password.

5.5. Users must notify the Company immediately at support@kognerastudio.com if they suspect unauthorized access to their account or detect any security breach.

5.6. The Company will not be liable for any loss or damage resulting from a User's failure to safeguard their account credentials.

Content Restrictions

5.7. Users may not upload, post, or share content that is illegal, offensive, defamatory, obscene, harassing, or otherwise inappropriate.

5.8. The Company reserves the right to remove or restrict access to any content that violates these Terms or applicable laws, without prior notice.

Use of the Service Features

5.9. Users must use all Service features, including Identity Monitoring, Email Security, WebShield, SMS Filter, AdBlock, and Device Security, responsibly and in accordance with their intended purpose.

5.10. Any misuse, manipulation, or unauthorized disabling of these security features is strictly prohibited.

Monitoring and Enforcement

5.11. The Company reserves the right to monitor usage of the Service to ensure compliance with these Terms.

5.12. Violations may result in account suspension, termination of access, legal action, or reporting to relevant authorities, as deemed appropriate by the Company.

User Cooperation

5.13. Users agree to cooperate fully with the Company in investigating potential violations of these Terms or any applicable laws.

5.14. Failure to cooperate may result in immediate suspension or termination of the User's account and any other remedies available under law.

6. Intellectual Property Rights

Ownership

6.1. All content, features, functionality, and software provided by kognerastudio.com, including but not limited to Identity Monitoring, Email Security, WebShield, SMS Filter, AdBlock, Device Security, graphics, logos, designs, text, code, and documentation, are the exclusive property of Commerce Holdings LLC or its licensors and are protected under United States and international copyright, trademark, and other intellectual property laws.

6.2. Users acknowledge and agree that they acquire no ownership or intellectual property rights by accessing or using the Service.

Trademarks and Brand

6.3. All trademarks, service marks, trade names, logos, and product names displayed in connection with the Service are the property of Commerce Holdings LLC or its licensors.

6.4. Users may not use any of the Company's trademarks, trade dress, or branding without the prior written consent of the Company.

License to Use the Service

6.5. Subject to compliance with these Terms, the Company grants Users a limited, non-exclusive, non-transferable, and revocable license to access and use the Service strictly for personal or business purposes in accordance with these Terms.

6.6. This license does not permit Users to copy, modify, distribute, sell, lease, sublicense, reverse engineer, or create derivative works based on the Service or any part of it.

User-Generated Content

6.7. Any content that Users submit to the Service, including feedback, suggestions, reviews, or communications with support, remains the property of the User. However, by submitting such content, Users grant Commerce Holdings LLC a worldwide, royalty-free, transferable, sublicensable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content for purposes related to the Service, including marketing, improvement, and product development.

Protection of Company Rights

6.8. Users agree not to challenge or assist others in challenging the Company's ownership or intellectual property rights.

6.9. The Company reserves the right to take legal action against any infringement, misuse, or unauthorized use of its intellectual property.

Third-Party Content and Licenses

6.10. Certain content, tools, or integrations provided through the Service may be licensed from third parties. Users agree to comply with all terms of use or licenses associated with such third-party content.

6.11. The Company assumes no responsibility or liability for any third-party intellectual property or content violations.

7. User Obligations and Conduct

7.1 General Responsibilities
By accessing or using kognerastudio.com, you agree to act responsibly and comply with all applicable laws, regulations, and these Terms of Use. You are solely responsible for all activities that occur under your account and for maintaining the confidentiality of your account credentials, including your username, password, and any payment information.

7.2 Accurate Information
You must provide accurate, current, and complete information when creating an account or subscribing to the Service. You agree to promptly update any information that changes to ensure its accuracy. Providing false, misleading, or incomplete information may result in immediate suspension or termination of your account and access to the Service.

7.3 Compliance with Laws
You agree to use the Service in compliance with all applicable laws, rules, and regulations in the United States, the United Kingdom, and other jurisdictions where you may access the Service. You may not use the Service for any illegal, fraudulent, or unauthorized purpose.

7.4 Prohibited Conduct

You may not, directly or indirectly:

  • • Attempt to access or use the Service in ways not intended by kognerastudio.com.
  • • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or structure of the Service.
  • • Circumvent or attempt to circumvent any security measures, payment processes, or access restrictions.
  • • Share, sell, or transfer your account credentials to any third party.
  • • Interfere with, disrupt, or attempt to manipulate the Service, servers, networks, or other users.
  • • Use the Service to harass, abuse, or harm other users or any third party.

7.5 Responsible Use of Features
The Service provides advanced protection tools, including Identity Monitoring, Email Security, WebShield, SMS Filter, AdBlock, and Device Security. You are responsible for using these features in a way that does not compromise your own security or that of others. Kognerastudio.com does not guarantee that the Service will detect or prevent all potential threats but provides tools designed to help mitigate them.

7.6 Account Security
You are responsible for safeguarding your login credentials, including your payment information, and for all activities that occur under your account. You must notify support@kognerastudio.com immediately if you suspect unauthorized access to your account or any other security breach.

7.7 Consequences of Violations
Any violation of this section may result in temporary or permanent suspension of your account, denial of access to the Service, or legal action. Kognerastudio.com reserves the right to investigate any suspected violations and take all necessary actions to enforce compliance with these Terms of Use and applicable laws.

7.8 Acknowledgment of Risk
By using the Service, you acknowledge that no digital security system is completely infallible. You accept responsibility for monitoring your own devices and data and agree to take reasonable precautions to protect them.

8. Prohibited Activities

8.1 Unauthorized Access and Use
You may not access, use, or attempt to access or use the Service or any part of it in a manner that is unauthorized, exceeds the scope of your account, or bypasses any technical restrictions or authentication measures. This includes attempting to gain access to other users' accounts or the underlying systems and networks of kognerastudio.com.

8.2 Illegal and Fraudulent Activities
You agree not to use the Service for any illegal, fraudulent, or deceptive purpose. This includes, but is not limited to, identity theft, financial fraud, phishing, distribution of malware, or any activity that violates applicable laws in the United States, United Kingdom, or other jurisdictions where you access the Service.

8.3 Interference with Service
You may not interfere with the proper operation of the Service or engage in actions that could damage, disable, overburden, or impair kognerastudio.com's servers, networks, or infrastructure. Prohibited interference includes, but is not limited to, launching denial-of-service attacks, distributing viruses, exploiting vulnerabilities, or attempting to disrupt any technical or operational systems related to the Service.

8.4 Abuse of Other Users or Third Parties

You may not, directly or indirectly:

  • • Harass, intimidate, or harm other users or third parties, including sending unsolicited communications, spamming, or engaging in abusive behavior.
  • • Infringe upon the rights of others, including privacy, intellectual property, or contractual rights.
  • • Reverse engineer, decompile, disassemble, or attempt to discover the source code of the Service.
  • • Circumvent or attempt to circumvent any security features, payment processes, or access restrictions.
  • • Share, sell, or transfer your account credentials to any third party.
  • • Interfere with, disrupt, or attempt to manipulate the Service, servers, networks, or other users.

8.5 Misuse of Security Features
The Service includes advanced protection tools such as Identity Monitoring, Email Security, WebShield, SMS Filter, AdBlock, and Device Security. You may not misuse, disable, or manipulate these features in any way that compromises their intended functionality, spreads malicious code, or infringes on the rights of others. Attempting to reverse engineer or bypass these features is strictly prohibited.

8.6 Payment and Subscription Abuse
You may not attempt to evade payment obligations, exploit refund policies, cancel and re-subscribe to repeatedly benefit from trial periods, or engage in any behavior designed to circumvent the payment process. All payments must be made through the official checkout on kognerastudio.com using valid payment methods. Sharing accounts or credentials to enable unauthorized access is strictly prohibited.

8.7 Monitoring and Enforcement
Kognerastudio.com reserves the right to monitor user activity to ensure compliance with these Terms of Use. Detected violations may result in warnings, temporary or permanent account suspension, termination of access to the Service, or legal action, in addition to any other remedies available under applicable law.

8.8 Acknowledgment
By using the Service, you acknowledge that engaging in prohibited activities may cause harm to Kognera, its users, or third parties. You agree that any such violations will result in strict enforcement measures, including civil or criminal liability, where applicable.

9. Third-Party Services

9.1 Use of Third-Party Services
The Service may incorporate, integrate with, or provide links to third-party services, software, or websites. These third-party services are provided for your convenience and may include payment processors, analytics tools, identity verification services, or other integrations that enhance the functionality of kognerastudio.com.

9.2 Responsibility and Liability
Kognerastudio.com does not control and is not responsible for the content, security, or performance of any third-party services. You acknowledge and agree that your use of third-party services is at your own risk. The Company does not guarantee the availability, accuracy, or reliability of any third-party service and is not liable for any losses, damages, or claims resulting from your interaction with such services.

9.3 Terms of Use for Third Parties
Use of third-party services may be governed by separate terms of use and privacy policies established by the respective third-party providers. You are responsible for reviewing and complying with those terms when using third-party services through or in connection with the Service.

9.4 Payments via Third Parties
Although Kognerastudio.com processes payments directly through the website, certain transactions or optional features may involve third-party processors. All payments through such services must comply with the terms and conditions set by the respective processor. Any failure, delay, or dispute concerning payments handled by a third-party processor is solely between you and that processor, and Kognerastudio.com is not responsible for resolving such disputes.

9.5 No Endorsement
References or links to any third-party service do not constitute endorsement or recommendation by Kognerastudio.com. The inclusion of third-party links, integrations, or tools does not imply approval, partnership, or warranty by the Company.

9.6 Monitoring and Termination
Kognerastudio.com reserves the right to limit, suspend, or terminate your access to any third-party services integrated with the Site if misuse, violation of these Terms, or activities that could compromise the security or proper operation of the Service or third-party systems are detected.

9.7 Acknowledgment
By using the Service, you acknowledge and accept that third-party services are beyond the direct control of Kognerastudio.com. You understand and agree that any interaction with such services is undertaken at your own discretion and risk.

10. Disclaimers and Limitation of Liability

10.1 No Warranty
The Service, including all features, functions, and content, is provided on an "as is" and "as available" basis. Commerce Holdings LLC, the operator of kognerastudio.com, makes no representations or warranties of any kind, whether express, implied, statutory, or otherwise, regarding the accuracy, reliability, completeness, performance, or availability of the Service.

10.2 No Guarantee of Results
While the Service includes advanced security features such as Identity Monitoring, Email Security, AdBlock, WebShield, SMS Filter, and Device Security, the use of these features does not guarantee complete protection against data breaches, phishing, spam, malware, or other security threats. You acknowledge that no system is entirely secure and that results may vary depending on your usage and external conditions.

10.3 Limitation of Liability
To the maximum extent permitted by law, Commerce Holdings LLC, its affiliates, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, data, or goodwill, arising from or related to your use of or inability to use the Service, even if advised of the possibility of such damages.

10.4 Direct Damages
Our total aggregate liability for any direct damages arising from your use of the Service, including failure of the Service or technical issues, shall not exceed the total amount you have paid to Commerce Holdings LLC for the Service during the three months preceding the event giving rise to the claim.

10.5 Third-Party Services
Commerce Holdings LLC is not responsible for the actions, omissions, content, or services of third parties integrated or linked with kognerastudio.com. Any interaction with third-party services is at your own risk, and the Company disclaims any liability arising from such interactions.

10.6 No Liability for User Conduct
You are solely responsible for your conduct and data while using the Service. Commerce Holdings LLC is not liable for any loss, harm, or disputes arising from your use of the Service or interactions with other users or third parties.

10.7 Money-Back Guarantee Limitation
While the Company offers a 100% Money-Back Guarantee in cases of verified technical issues preventing proper use of the Service, this guarantee does not apply to issues outside of our control, user misuse, or failures caused by third-party services. Refund claims must be submitted in accordance with our Refund Policy.

10.8 Acknowledgment
By using the Service, you acknowledge and agree that the disclaimers and limitations of liability described in this Section are reasonable, reflect an appropriate allocation of risk, and form an essential basis of the agreement between you and Commerce Holdings LLC.

11. Indemnification

11.1 Your Agreement to Indemnify
You agree to indemnify, defend, and hold harmless Commerce Holdings LLC, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

  • • Your use of the Service, including but not limited to your access to or use of kognerastudio.com and its features;
  • • Any violation of these Terms of Use or any applicable law, regulation, or third-party rights;
  • • Any content, data, or material that you submit, post, transmit, or share through the Service;
  • • Your infringement or alleged infringement of any intellectual property, proprietary, or privacy rights of others;
  • • Any interaction with third-party services, users, or content obtained through the Service.

11.2 Notification and Cooperation
Commerce Holdings LLC will promptly notify you in writing of any claim for which indemnification is sought, provided that failure to give such notice does not relieve you of your indemnification obligations. You agree to cooperate fully with Commerce Holdings LLC in defending any claim, at your own expense, and to assume control of the defense of such claim, provided that Commerce Holdings LLC may participate in the defense at its own expense.

11.3 Settlement
You shall not settle any claim without the prior written consent of Commerce Holdings LLC, which shall not be unreasonably withheld. Commerce Holdings LLC reserves the right to control or participate in the defense of any claim, and any settlement that involves admission of liability or imposes obligations on Commerce Holdings LLC requires its prior written approval.

11.4 Scope of Indemnification
This indemnification obligation applies to all claims, whether based on contract, tort, negligence, strict liability, statutory violation, or other legal theory. It survives the termination or expiration of your use of the Service and these Terms of Use.

12. Termination

12.1 Termination by Commerce Holdings LLC
Commerce Holdings LLC may suspend or terminate your access to the Service, in whole or in part, at any time and for any reason, including but not limited to:

  • • Your violation of these Terms of Use or any applicable laws;
  • • Any unauthorized or fraudulent activity involving your account, subscription, or payments;
  • • Any actions that may compromise the security, integrity, or functionality of the Service;
  • • Requests from legal authorities or to comply with applicable regulations.

12.2 Termination by You
You may cancel your subscription at any time through your account settings. Cancellations take effect at the end of your current billing period. If you are entitled to a refund under the 100% Money-Back Guarantee due to technical issues preventing proper use of the Service, you must submit a request in accordance with the procedures described in the Refund Policy.

12.3 Effect of Termination
Upon termination, all rights granted to you under these Terms of Use immediately cease. You must discontinue use of the Service and delete any materials or data obtained through it. Termination does not relieve you of obligations incurred prior to termination, including payment of fees, indemnification duties, or any other contractual liabilities.

12.4 Survival
Sections concerning Payments, Subscriptions, Refunds, Indemnification, Disclaimers, Limitation of Liability, Governing Law, Dispute Resolution, and any other provisions that by their nature should survive termination, will remain in full force and effect after termination.

13. Governing Law and Dispute Resolution

13.1 Governing Law
These Terms of Use and any disputes arising from your use of the Service are governed by and construed in accordance with the laws of the United States, specifically the State of Mississippi, without regard to its conflict of law principles. If you access the Service from another jurisdiction, including the United Kingdom or the European Union, you acknowledge and agree that U.S. law governs the relationship between you and Commerce Holdings LLC.

13.2 Dispute Resolution
Any disputes, claims, or controversies arising out of or in connection with these Terms of Use or the Service shall be resolved primarily through good faith negotiations between you and Commerce Holdings LLC. If a resolution cannot be reached through negotiation, the dispute shall be submitted to binding arbitration under the rules of the American Arbitration Association (AAA). Arbitration shall take place in Mississippi, United States, and proceedings shall be conducted in English.

13.3 Exceptions
Nothing in this section limits Commerce Holdings LLC's right to seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property, confidential information, or other proprietary rights.

13.4 Class Action Waiver
You agree that any arbitration or dispute resolution will be conducted on an individual basis and not as part of a class action or collective proceeding. You waive any right to participate in class actions, consolidated proceedings, or representative actions against Commerce Holdings LLC.

14. Privacy

14.1 Collection of Information
Commerce Holdings LLC collects personal information that you provide when using the Service, including your name, email address, phone number, and payment information (card number, expiry date, CVC, and cardholder name). We may also collect data about your usage of the Service, device identifiers, browser type, and IP address to enhance performance and security.

14.2 Use of Information
Your personal information is used to:

  • • Provide and maintain the Service, including enabling access to all paid features;
  • • Process payments and manage your subscriptions;
  • • Communicate with you regarding your account, updates, support inquiries, and promotional offers (where you consent);
  • • Monitor and improve the functionality, security, and performance of the Service;
  • • Comply with applicable legal, regulatory, and tax obligations.

14.3 Sharing of Information
We do not sell or rent your personal data to third parties. Personal information may be shared only with trusted third-party service providers, such as payment processors, analytics tools, and security partners, who assist in operating the Service under strict confidentiality and data protection obligations.

14.4 Security
We employ industry-standard security measures, including SSL encryption and secure data handling protocols, to protect your information from unauthorized access, alteration, or destruction. However, no method of electronic transmission or storage is completely secure, and Commerce Holdings LLC cannot guarantee absolute security.

14.5 User Rights
You may access, correct, or request deletion of your personal data by contacting us at support@kognerastudio.com. You may also manage preferences for marketing communications and unsubscribe from promotional emails at any time.

14.6 Children's Privacy
The Service is not directed to individuals under the age of 13. We do not knowingly collect personal data from children. If we become aware that a child has provided us information without parental consent, we will promptly delete such data.

14.7 International Access
The Service may be accessed globally, including from the United States and the United Kingdom. By using the Service, you acknowledge and consent that your data may be transferred, processed, and stored in these regions in accordance with this Privacy Policy and applicable law.

15. Cookies

15.1 Use of Cookies
Commerce Holdings LLC uses cookies and similar tracking technologies to enhance your experience on the Service. Cookies are small text files placed on your device to store preferences, track usage, and improve the functionality and performance of kognerastudio.com.

15.2 Types of Cookies

  • Essential Cookies: Required for the Service to function correctly, including enabling login, subscription management, and secure access.
  • Performance Cookies: Collect information about how users interact with the Site to optimize speed, stability, and overall performance.
  • Functional Cookies: Remember your preferences and settings to provide a more personalized browsing experience.
  • Advertising and Analytics Cookies: Used to monitor usage trends and deliver relevant promotional content when consent is provided.

15.3 Managing Cookies
You may control or disable cookies through your browser settings at any time. Please note that disabling certain cookies may limit your ability to use specific features of the Service, including account management and secure subscription access.

15.4 Third-Party Cookies
Some cookies may be placed by third-party service providers that support analytics, advertising, or security features. These third parties follow their own privacy policies, and we recommend reviewing their practices to understand how your data may be processed.

15.5 Consent
By using the Service, you consent to the use of cookies in accordance with this policy. You may withdraw consent or adjust your cookie preferences at any time through your browser settings or by contacting support@kognerastudio.com.

16. Notices

16.1 General Notices
All notices, requests, or communications under these Terms of Use must be in writing and may be delivered by email, postal mail, or any other legally permitted method.

16.2 Company Notices
You may send notices to Commerce Holdings LLC at the following address or email:
Commerce Holdings LLC
1100 Highway 82 E, Indianola, MS 38751-2251, United States
Email: support@kognerastudio.com
Phone: +1 (510) 907-4402

16.3 User Notices
Notices sent to the email address associated with your account will be deemed legally valid. It is your responsibility to keep your contact information up to date to ensure proper receipt of important communications.

16.4 Effective Date of Notices
Notices sent by email are considered delivered upon successful transmission. Notices sent by postal mail are effective three (3) business days after being mailed.

16.5 Electronic Communication
You agree that Commerce Holdings LLC may provide notices electronically, including through email, website postings, or system notifications. Such communications satisfy any legal requirement for written notice.

17. Changes to Terms

17.1 Right to Modify
Commerce Holdings LLC reserves the right, at its sole discretion, to modify, amend, or update these Terms of Use at any time. Changes may include modifications to subscription terms, features, refund policies, or legal disclaimers.

17.2 Notification of Changes
We will make reasonable efforts to notify users of significant changes by posting updates on kognerastudio.com, sending emails to registered users, or displaying on-site notices. Users are encouraged to regularly review these Terms for updates.

17.3 Effective Date of Changes
Unless stated otherwise, changes become effective immediately upon posting on the website. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms of Use.

17.4 User Responsibility
It is your responsibility to review the Terms periodically. If you do not agree to any revised terms, you must immediately stop using the Service and cancel your subscription in accordance with Section 4 (Payments and Subscriptions).

17.5 No Waiver
Failure by Commerce Holdings LLC to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision or any other term in the future.

18. Severability

18.1 Severability Clause
If any provision of these Terms of Use is found to be invalid, illegal, or unenforceable under applicable law, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect.

18.2 Effect on Terms
The invalidity or unenforceability of any section shall not affect the validity or enforceability of any other section. All rights, obligations, and remedies provided herein shall remain effective to the fullest extent permitted by law.

18.3 Modification in Case of Invalidity
In the event that any provision is found to be partially invalid or unenforceable, Commerce Holdings LLC may modify that provision to reflect the original intent as closely as possible while ensuring it remains legally enforceable.

18.4 Protection of Company Interests
This clause ensures that the Terms of Use as a whole remain operative, preserving Commerce Holdings LLC's rights, the integrity of the agreement, and the enforceability of all other provisions even if one provision is challenged in court or by a regulatory authority.

19. Entire Agreement

19.1 Comprehensive Agreement
These Terms of Use, together with any other legal notices, policies, or agreements expressly referenced herein, constitute the entire agreement between you and Commerce Holdings LLC regarding your access to and use of https://kognerastudio.com and any related services offered through it.

19.2 Superseding Previous Agreements
These Terms of Use supersede all prior agreements, communications, understandings, or representations, whether written or oral, between you and Commerce Holdings LLC with respect to the subject matter contained herein.

19.3 No Additional Representations
No statement, advertisement, or representation not expressly included in these Terms of Use shall be considered part of this agreement or relied upon by you. Any amendments, clarifications, or additional terms must be made in writing and expressly approved by Commerce Holdings LLC.

19.4 Protection of Company Interests
This clause ensures that Commerce Holdings LLC's rights and obligations are clearly defined and protected, preventing reliance on external communications or informal agreements that may contradict or undermine these Terms of Use.

20. Contact Information

20.1 Company Details
For any questions, concerns, or notices regarding these Terms of Use or your use of our services, you may contact Commerce Holdings LLC using the details below:

Company Name: Commerce Holdings LLC

Website: https://kognerastudio.com

Legal Address: 1100 Highway 82 E, Indianola, MS 38751-2251, United States

Email Support: support@kognerastudio.com

Phone Number: +1 (510) 907-4402

Jurisdiction: State of Mississippi, United States, with acknowledgment of users from the United Kingdom and other jurisdictions.

20.2 How to Contact Us
All communications must be sent via the above email or phone number. Commerce Holdings LLC will make reasonable efforts to respond promptly to inquiries, support requests, or notices regarding your use of the website and its services.

20.3 Legal Notices
For any legal notices, claims, or disputes, users must direct communications to the address or email provided above. Any notices delivered to other addresses or methods not listed here may not be considered valid or acknowledged by Commerce Holdings LLC.

20.4 Updates to Contact Information
Commerce Holdings LLC reserves the right to update or modify its contact information at any time. Users are responsible for checking the most current details available on https://kognerastudio.com before sending any formal notices or communications.

20.5 Protection of User and Company Interests
This section ensures that users have a clear and legally valid means of contacting Commerce Holdings LLC, protecting both parties by establishing official communication channels and ensuring that all notices and correspondences are properly documented.

Appendix A: Reference to Policies and Applicable Law

Related Policies

Users are advised that certain terms regarding refunds, privacy, and cookie usage are governed by separate, dedicated policies available on the kognerastudio.com website, including:

  • • Refund Policy
  • • Privacy Policy
  • • Cookies Policy

These documents are incorporated into these Terms of Use by reference and form an integral part of the agreement between the user and Commerce Holdings LLC.

Applicable Law

The use of kognerastudio.com and its services is governed by the laws of the State of Mississippi, United States. Users accessing the Service from other jurisdictions, including the United Kingdom, acknowledge that local consumer protection laws may also apply. Any legal disputes related to these Terms of Use shall be resolved in accordance with the governing law specified herein, subject to mandatory consumer rights under applicable jurisdiction.

Website Access and Payments

Access to the Service and all its features is provided through secure payments made directly on the website. All subscriptions, payments, and access conditions are governed by these Terms of Use and the related policies referenced above.

No Additional Promises

This Appendix does not create any additional obligations beyond those explicitly stated in the Terms of Use and referenced policies. Users should not rely on any verbal assurances or implied promises regarding refunds, functionality, or service availability outside the stated Terms and policies.