Merchant Service Agreement

This Merchant Service Agreement ("Agreement") is entered into between xalamblixx, trading as xalamblixx ("we", "us", "our", or the "Merchant") and the individual or entity that purchases, licenses, downloads, or otherwise obtains products or services through https://xalamblixx.trakroom.com or https://trakroom.com/xalamblixx ("you", "your", or the "Customer").

This Agreement governs your access to and use of the xalamblixx storefront and the products, licenses, digital goods, and related services made available through it.

By placing an order, completing a checkout, accepting this Agreement electronically, downloading a product, or otherwise using the storefront, you agree to be legally bound by this Agreement.

About the platform. The xalamblixx storefront runs on Trakroom, a marketplace and storefront technology operated by Trackdock Limited. Trakroom provides the technology, hosting, checkout, and payment integrations. Trakroom is not the seller or licensor of the products offered here and is not a party to this Agreement. Your contract for any product bought through this storefront is with xalamblixx.

Definitions

For purposes of this Agreement:

• "Digital Products" means digital goods made available through this storefront, including music beats, instrumentals, stems, sound kits, sample packs, sound recordings, licenses, digital files, and related products.
• "License" means the specific rights granted to you in the license terms attached to a product at the time of purchase.
• "Order" means a completed, paid transaction for one or more products.
• "Payment Processor" means a third-party financial institution, payment gateway, acquiring bank, card network, mobile money provider, bank-transfer provider, or other payment service provider used to process a transaction.
• "Platform" means the Trakroom website, software, storefront technology, payment integrations, and related systems.

The Storefront

We offer Digital Products and related services through this storefront. Depending on what we have made available, this may include:

• Digital product listings and previews;
• Licensed use of sound recordings, beats, stems, and related material;
• Digital delivery and download of purchased files;
• Custom or commissioned work where offered;
• Customer support relating to your Order.

We may add, modify, suspend, or discontinue products and features at our discretion.

Eligibility

By purchasing from this storefront you represent that:

• You have the legal capacity to enter into this Agreement;
• All information you provide to us is accurate and complete;
• Where you are purchasing on behalf of a company or other legal entity, you have authority to bind that entity;
• You will comply with all applicable law;
• You will use the products only as permitted by the License attached to them.

We may require additional information for identity verification, fraud prevention, or payment processing purposes.

Your Account

Where the storefront offers an account, you are responsible for maintaining the confidentiality and security of your credentials, for keeping your account information accurate, and for activity that occurs through your account, except where caused by our breach or negligence.

Notify us promptly at xblixx30@gmail.com if you suspect unauthorized access to your account.

Orders and Acceptance

A listing on this storefront is an invitation to buy, not a binding offer. An Order is accepted when payment is confirmed and the product is delivered or made available to you.

We may decline or cancel an Order where:

• The product is no longer available;
• The price or product description was published in error;
• Payment could not be verified;
• The Order is flagged by fraud or risk controls;
• Accepting the Order would breach applicable law or a Payment Processor's rules.

Where we cancel a paid Order, we will refund the amount charged.

Products and Licenses

Where we sell a license to music, beats, sound recordings, stems, or other intellectual property, the rights you receive are exactly those set out in the License presented at checkout and in any license document delivered with your Order.

We are responsible for ensuring that:

• Product descriptions are accurate;
• License terms are clearly communicated before purchase;
• Usage restrictions are disclosed;
• Ownership claims are accurate;
• Publishing and master rights are correctly represented;
• Any applicable royalty or credit requirements are clearly stated.

You are responsible for using each product only within the scope of the License you purchased. Use beyond that scope requires a further license from us.

Unless a License expressly says otherwise, you may not resell, redistribute, sublicense, or make available the underlying files as a standalone product.

Prices, Payment and Fees

All prices are shown at checkout in the currency indicated. Unless stated otherwise, prices exclude any taxes, levies, or bank charges that may apply to you.

Payments are processed by third-party Payment Processors integrated with the Platform. Availability of a payment method may depend on your location, our location, currency, transaction type, regulatory requirements, risk controls, and the Payment Processor's own policies.

Your payment may be subject to the terms, conditions, fees, security requirements, and dispute procedures of the applicable Payment Processor. By completing a checkout you authorize us and our Payment Processors to process the transaction.

We do not store your full card details. Card data is handled by the Payment Processor.

Delivery

Digital Products are delivered electronically — by download link, account download, or email — normally immediately after payment is confirmed.

If you do not receive your files, contact us at xblixx30@gmail.com and we will re-issue delivery. Delivery links may expire after a period, or be limited in the number of downloads, for security reasons; we will re-issue a link on request within a reasonable period after purchase.

Refunds and Cancellations

Digital Products are delivered immediately and cannot be returned once downloaded. Except where applicable law gives you a right that cannot be excluded, all sales are final once the files have been delivered.

We will nevertheless provide a refund where:

• You were charged more than once for the same Order;
• The product delivered was not the product purchased;
• The files are corrupt or unusable and we cannot supply a working replacement;
• We cancel your Order.

To request a refund, contact xblixx30@gmail.com within a reasonable period of the purchase, quoting your Order reference. We will respond within a reasonable time and cooperate with the relevant Payment Processor where a refund is due.

Chargebacks and Disputes

If you believe a charge is incorrect, contact us first at xblixx30@gmail.com. Most issues are resolved faster directly than through a card dispute.

You acknowledge that a chargeback raised on a delivered digital product may be contested with evidence of fulfilment, including order information, transaction records, delivery and download records, license information, and our communications with you.

Abuse of chargeback procedures — raising a dispute on a product you received and used as licensed — is a breach of this Agreement and may result in the suspension of your access and cancellation of the License.

Fraud and Risk

We and our Payment Processors may use reasonable security and fraud-prevention measures. We may review, delay, or decline transactions, request additional verification, restrict certain payment methods, or restrict access where we reasonably suspect fraud or misuse.

Your Obligations

You agree to:

• Provide accurate information;
• Use the storefront and products lawfully;
• Respect the scope of every License you purchase;
• Not attempt to circumvent payment, download, or licensing controls;
• Not resell, redistribute, or claim ownership of our material outside your License;
• Not submit fraudulent transactions;
• Not misuse the storefront or attempt to compromise it.

Prohibited Use

You may not use this storefront to:

• Facilitate fraud or money laundering;
• Process unauthorized transactions;
• Obtain material you intend to distribute or license without authorization;
• Distribute malware;
• Conduct deceptive activity;
• Collect or misuse other customers' information;
• Engage in any activity prohibited by applicable law.

Intellectual Property

All intellectual property rights in the products offered through this storefront remain with xalamblixx or its licensors. Purchasing a product grants you the rights set out in your License and no others. No ownership is transferred unless a License expressly says so.

All intellectual property rights in the Trakroom platform itself, including its software, technology, trademarks, and interface, belong to Trackdock Limited or its licensors.

Your Data and Privacy

Information you provide when purchasing — such as your name, email address, and payment-related details — is handled in accordance with our Privacy Policy, published on this storefront.

Payment Processors and the Platform process certain information on our behalf in order to complete your Order, deliver your files, prevent fraud, and meet legal obligations.

Third-Party Services

This storefront depends on third-party providers for payment processing, hosting, cloud infrastructure, communications, and other services. Those services may have their own terms and may be subject to availability and operational restrictions outside our control.

Availability

We use commercially reasonable efforts to keep the storefront available, but do not guarantee uninterrupted or error-free operation. Interruptions may occur because of maintenance, software updates, security incidents, internet or hosting failures, Payment Processor or banking outages, or events outside our reasonable control.

Warranties

We represent that we have the legal authority to enter into this Agreement and the rights necessary to sell or license the products we offer, and that our product descriptions and license terms are accurate.

Except where expressly stated in this Agreement, the storefront and its products are provided on an "as available" basis to the maximum extent permitted by law.

Indemnification

You will indemnify and hold harmless xalamblixx, its officers, employees, contractors, and service providers from claims, losses, damages, liabilities, costs, and reasonable expenses arising from your breach of this Agreement, your use of a product outside the scope of your License, or your violation of applicable law.

Limitation of Liability

To the maximum extent permitted by applicable law, we are not liable for indirect, incidental, consequential, special, exemplary, or punitive damages arising from your use of this storefront or its products.

To the maximum extent permitted by applicable law, our aggregate liability arising from this Agreement will not exceed the amount you paid to us for the product giving rise to the claim during the twelve (12) months immediately preceding the event.

Nothing in this Agreement excludes liability that cannot lawfully be excluded or limited.

Suspension and Termination

We may suspend or terminate your access to the storefront where reasonably necessary to protect the storefront, investigate suspected fraud, address a security risk, respond to a Payment Processor requirement, comply with applicable law, or address a material breach of this Agreement.

Termination does not affect Licenses already validly granted to you, nor obligations relating to transactions, chargebacks, refunds, intellectual property, or liabilities incurred before termination.

Force Majeure

Neither party is liable for failure or delay caused by circumstances beyond its reasonable control, including natural disasters, war, civil unrest, government action, internet or telecommunications failures, widespread cyber incidents, power failures, banking failures, or Payment Processor outages.

Relationship of the Parties

Nothing in this Agreement creates a partnership, joint venture, employment relationship, or agency between you and us, or between us and Trackdock Limited. We operate our business independently. Use of Trakroom does not make us an employee, partner, franchisee, or legal representative of Trackdock Limited.

Assignment

You may not assign this Agreement without our prior written consent. We may assign or transfer this Agreement in connection with a merger, acquisition, restructuring, or sale of the business.

Changes to this Agreement

We may update this Agreement from time to time. Where an update materially affects your rights, we will provide reasonable notice where required. The version in force at the time of your Order governs that Order.

Severability

If any provision of this Agreement is found invalid or unenforceable, it will be modified or removed to the minimum extent necessary, and the remaining provisions remain effective.

Entire Agreement

This Agreement, together with the License terms attached to each product, our Privacy Policy, our Terms of Use, and any applicable Payment Processor terms, constitutes the entire agreement between you and us concerning the storefront.

Dispute Resolution

The parties will first attempt to resolve any dispute through good-faith negotiation. A formal notice of dispute should be sent to:

xalamblixx (trading as xalamblixx)
Email: xblixx30@gmail.com
Phone: 08109473724
Address: No. 11 Iya Abiye Street, off Bayeku, Macaulay, Ikorodu, Lagos State, 104102, Nigeria

If the dispute cannot be resolved amicably, it will be submitted to the courts or other dispute-resolution mechanism having appropriate jurisdiction under the laws applicable to the parties and the transaction.

Governing Law

This Agreement is governed by the applicable laws of Nigeria, unless a separate written agreement between us expressly provides otherwise.

Electronic Acceptance

You agree that electronic acceptance of this Agreement — clicking an acceptance button, checking an acceptance box, completing a checkout, or downloading a product — constitutes acceptance of this Agreement to the extent permitted by applicable law.

Electronic records of acceptance, transactions, communications, and account activity may be retained and used as evidence of your agreement and your use of the storefront.

Contact Information

xalamblixx trading as xalamblixx

Website: https://xalamblixx.trakroom.com or https://trakroom.com/xalamblixx
Email: xblixx30@gmail.com
Phone: 08109473724
Address: No. 11 Iya Abiye Street, off Bayeku, Macaulay, Ikorodu, Lagos State, 104102, Nigeria

This storefront is operated by xalamblixx on Trakroom, a platform operated by Trackdock Limited.