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BEATSTARS PROJECTS SERVICES AGREEMENT

Last Updated: September 1, 2026

PLEASE READ THESE BEATSTARS PROJECTS SERVICES AGREEMENT (“TERMS OF SERVICE” OR “TERMS”) CAREFULLY, AS IT SETS FORTH THE LEGALLY BINDING TERMS OF SERVICE BETWEEN YOU AND BEATSTARS INC. (“BEATSTARS”, “COMPANY”, “WE”, “OUR” OR “US”), REGARDING YOUR USE OF THE BEATSTARS PROJECTS AS PROVIDED BY BEATSTARS (THE “SERVICE(S)”). IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, DO NOT USE THE SERVICES DESCRIBED BELOW. YOU MUST ACCEPT AND ABIDE BY THESE TERMS OF SERVICE AS PRESENTED TO YOU. BEATSTARS MAY REFUSE ACCESS TO THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THESE TERMS OF SERVICE. THESE TERMS OF SERVICE REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH BEATSTARS AND, BY AGREEING TO THESE TERMS OF SERVICE, YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST BEATSTARS IN A CLASS ACTION FORMAT.

  1. Access. 
    1. Access to the Service is provided solely as an accommodation and at BeatStars' sole discretion, and is available only to (i) users and/or authorized representative(s) of an entity or users, that have a current and valid Agreement with BeatStars. Your access to the Service may be further limited by BeatStars in our sole discretion. By using the Service, you acknowledge and agree to these Terms of Service, the BeatStars Terms of Service, the BeatStars Privacy Policy, and consent to the sharing, collection and use of your data between BeatStars and its affiliated companies, in accordance with the BeatStars Privacy Policy. In some instances, both these Terms and separate guidelines, rules, or terms of use or sale setting forth additional or different terms and/or conditions will apply to your use of the Service or to a service or product offered via the Service (in each such instance, and collectively “Additional Terms”). ‍
    2. IN THE EVENT THAT THE BEATSTARS TERMS OF SERVICE AND THESE TERMS OF SERVICE CONFLICT, THESE TERMS OF SERVICE WILL CONTROL, WITH THE UNDERSTANDING THAT ALL REASONABLE EFFORTS WILL BE MADE TO ENSURE THAT THE TERMS FIT CONGRUENTLY TOGETHER.
    3. THESE TERMS OF SERVICE, WHEN ACCEPTED BY YOU BY CLICKING “GET STARTED”, WILL CREATE A BINDING AND LEGALLY ENFORCEABLE CONTRACT BETWEEN YOU AND BEATSTARS  WHETHER YOU ARE ACTING IN YOUR INDIVIDUAL CAPACITY OR AS THE AUTHORIZED REPRESENTATIVE FOR AN ARTIST, BAND, GROUP, WRITER, AND/OR CORPORATION, IN WHICH CASE “YOU”, “YOUR”, OR THE LIKE HEREUNDER REFERS TO THE ARTIST, BAND, GROUP, WRITER, AND/OR CORPORATION ON WHOSE BEHALF YOU ARE ACTING AND AUTHORIZED TO ACT. THEREFORE, PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND CONSULT WITH YOUR OWN BUSINESS AND LEGAL ADVISORS BEFORE CLICKING “GET STARTED.” THE “EFFECTIVE DATE” OF THESE TERMS OF SERVICE IS THE DATE ON WHICH YOU CLICK THE “I AGREE” OR “I ACCEPT” BUTTON.
    4. BEATSTARS RESERVES THE RIGHT TO ADD, DELETE, AND/OR MODIFY ANY OF THE TERMS AND CONDITIONS CONTAINED IN THESE TERMS OF SERVICE. IN THE EVENT OF SUBSTANTIVE CHANGES TO THESE TERMS OF SERVICE, YOU WILL BE NOTIFIED BY EMAIL, THROUGH YOUR ACCOUNT PAGE ON THE BEATSTARS WEBSITE, OR ANY OTHER APPLICABLE MEANS. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO DISCONTINUE USE OF THE SERVICES. YOUR CONTINUED USE OF THE SERVICES FOLLOWING POSTING OF A CHANGE NOTICE OR NEW TERMS OF SERVICE ON THE BEATSTARS WEBSITE OR NOTICE TO YOU VIA EMAIL, WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGES.
    5. YOU ARE RESPONSIBLE FOR MAINTAINING A VALID EMAIL ADDRESS ON FILE WITH BEATSTARS FOR SO LONG AS YOU AVAIL YOURSELF OF ANY SERVICES.
  1. Using the Service. The Service may allow you to upload, store, organize, manage, and share your musical works, audio files, and related materials (the “Content”), and to collaborate with others and manage associated rights through the BeatStars Projects during the Term.
    1. The Service may allow multiple users to participate in a project. Each user remains responsible for Content that user uploads or submits and for having the rights and authority required by these Terms. A project owner may be able to manage, move to trash, or permanently delete Content submitted to that project, including Content submitted by collaborators, and such Content may count toward the project owner’s storage limits. You are responsible for understanding and managing permissions you grant to collaborators and recipients of sharing links.The Service may include provenance, credits, split proposals, acceptance events, participant information, timestamps, Content hashes, and related event history (collectively, “The Record”).
    2. BeatStars provides The Record as a recordkeeping and collaboration feature only. BeatStars does not adjudicate ownership, verify the legal accuracy of claimed credits or splits, act as a party to any split or ownership agreement between users, or determine whether any person owns or controls any Content. A status such as “verified” or “accepted” reflects only the recorded actions of the identified participants in the Service. Certain portions of The Record, including event history, credits, splits, participants, acceptance events, and Content hashes, may persist after a project or underlying Content is deleted in order to preserve provenance, integrity, security, compliance, and recordkeeping functions. Any PDF or other export generated from The Record is a system-generated record of information and actions recorded in the Service and is not a legal opinion, title determination, or guarantee of enforceability or evidentiary weight.
  1. Territory. The territory shall be throughout the world and universe.
  1. Term and Cancellation. The Term will be in accordance with the effective date of your Services subscription. You may cancel the Term by sending an email to support@beatstars.com, otherwise cancelling your BeatStars Account subscription, and/or the BeatStars Projects subscription (the “Subscription”). Subscription fees are non-refundable once paid, and you are solely responsible for all charges, fees, duties, taxies, and assessments arising out of any use of your BeatStars Account by you or anyone else using your Account. All fees including, but not limited to, sign-up fees, subscriptions fees, royalties owed and/or paid are non-refundable, irrevocable, and shall survive the cancellation of this Agreement. You are solely responsible for all charges, fees, duties, remuneration, revenue sharing, sharing of ownership interests arising out of any use of the Service.
    1. ‍Trash Retention. Content moved to trash will generally remain available for recovery for ninety (90) days, after which it may be permanently and irreversibly deleted. You are responsible for restoring any Content you wish to keep before the applicable retention period expires.
    2. Storage Overage. If your available storage is reduced below the amount of storage you are using, a grace period of ninety (90) days will run from the most recent storage reduction event. If the overage is not resolved by the end of that grace period, BeatStars may lock the amount of Content exceeding your storage entitlement, generally beginning with the oldest files. Locked Content may remain unavailable and may be permanently deleted twelve (12) months after it is locked if the overage remains unresolved.
    3. Payment Failure and Enforcement. If payment for the Service fails or your entitlement to storage ends, BeatStars may restrict access to Content and may remove Content as part of account or storage enforcement. Certain enforcement removals may bypass trash and may not be recoverable. Where required by applicable law or stated in an applicable plan or notice, BeatStars will provide any required notice or cure period before permanent deletion.
    4. Export and Responsibility for Backups. You are responsible for maintaining independent backup copies of Content you cannot afford to lose. Before cancelling or allowing a Subscription to expire, you should export Content you wish to retain. Except for any retention period expressly stated in these Terms or required by applicable law, BeatStars does not guarantee that Content will remain available after termination, cancellation, storage enforcement, or permanent deletion.
    5. Unlimited Storage and Storage Limits. Any “unlimited storage” included with a Subscription does not guarantee unlimited technical capacity. BeatStars may establish, modify, or reduce storage limits for any Subscription plan or account at any time in its sole discretion, including where storage usage is materially inconsistent with typical use of the Service or creates disproportionate costs. BeatStars may restrict uploads, limit or suspend storage, or require the removal or deletion of files exceeding the applicable storage limit, with notice where practicable. Any resulting excess usage will be treated as a Storage Overage under this Agreement.
  1. Your Information. You agree to provide accurate, current, and complete information ("User Data") required to BeatStars, and at other points as may be required in the course of using the Service. You hereby confirm that any User Data you already have provided to BeatStars (including, without limitation, through prior use of BeatStars has been accurate, current and complete and can be shared with BeatStars Service Providers, and BeatStars Business Partners in accordance with our BeatStars Privacy Policy. Failure to provide, maintain, and/or update your User Date may result in the termination of your BeatStars Account.
  1. Changes. BeatStars retains the right to modify, update, or terminate access to the Service and any related or unrelated services at any time. BeatStars reserves the right at any time to modify these Terms of Service and to impose new or additional terms or conditions on your use of the Service. We will inform you of any proposed modifications (e.g., by email; through your account page on the BeatStars website, or any other applicable means) and you may terminate the Service if you do not wish to accept the applicable Term, subject to Section 4 above. Otherwise, such modifications and additional terms and conditions will be deemed accepted and incorporated into this Agreement.
  1. Third Party Services. BeatStars Services may be integrated with third party links, websites, and services (“Third Party Services”) to make Track(s) and/or services available to you. Any of these Third Party Services, may have their own terms and conditions of use and privacy policies and your use of these Third Party Services will be governed by and subject to such terms and conditions and privacy policies. You agree that BeatStars is not responsible or liable for any such Third Party Service, including, but not limited to any transaction you may enter into with the provider of any such Third Party Service.
  1. Warranties and Indemnification. You hereby warrant and represent to BeatStars as follows:
    1. You are at least eighteen (18) years of age, or have the authorization of a parent or legal guardian to enter these Terms of Service;
    2. You are not bound by any agreement that would prohibit you from entering into this Terms of Service;
    3. You have, and shall continue to have, the full right, capacity, power and authority to enter and fully perform under these Terms of Service. Without limiting the foregoing, no consent of any third party is required, nor shall it be required, in order to effectuate the grant of rights made to BeatStars under these Terms of Service, or BeatStars’ enjoyment of such rights and the proceeds thereof as contemplated hereunder;
    4. Unless authorized hereunder, neither the music, title, lyrics, images or other material comprising any Content, nor any part thereof is, or shall be a copy of, any other copyrighted work, or infringes or shall infringe upon any statutory or common law rights of any third party; or violates or shall violate any statutory or common law. Without limiting the foregoing, no Content embodies a “sample,” “interpolation,”  arrangement, or other portion of a recording and/or musical composition owned or controlled by a third party;
    5. You hereby represent and warrant: (1) there are and there shall be no liens, encumbrances or other charges against the Master Recording(s), including, without limitation, any Samples incorporated therein by You and/or any third party engaged by You; (2) no selections, materials, ideas, or other properties furnished by You and embodied or contained in the Master Recording(s), nor the exercise by BeatStars and/or Company of any of its rights hereunder, will violate or infringe upon any law or statutory right of any third party; (3) You have the full right, power and authority to agree to these Terms, grant the rights conveyed to Company hereunder, and perform the material terms and obligations hereunder; and (4) You have not entered into and shall not enter into to any agreement with any third-party record company, distributor, music publisher, or any other person or entity that would conflict, inhibit, restrict or impair the rights granted to Company hereunder or the performance of your obligations under these Terms.
    6. You hereby represent and warrant that no selections, materials, ideas, or other properties furnished by You and embodied or contained in any Content, nor the exercise by Company of any of its rights hereunder, do or will violate or infringe upon any law or statutory right of any third party, including without limitation copyright, trademark right or right of publicity or privacy.
    7. You hereby forever release and covenant not to sue Company, its parents, subsidiaries, officers, representatives, employees, affiliates, successors, licensees, its affiliated publishers, its affiliated subpublishers, administrators and assigns from any and all claims arising out of or in connection with any act or omission of any third party in connection with any Content hereunder, including, without limitation, any unauthorized commercial exploitation thereof.
    8. You hereby indemnify BeatStars, its parents, subsidiaries, officers, representatives, employees, affiliates, successors, licensees, its affiliated publishers, its affiliated subpublishers, administrators and assigns (“BeatStars Party(ies)”) from any and all claims, or any claims arising out of or in connection with any act or omission of any third party in connection with your Content; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms of Service or any Additional Terms that relate to your use of the Service or BeatStars services; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device (e.g., computer, phone, etc.) or by you, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) BeatStars use of your information or the material that you submit to us (including, but not limited to any intellectual property, Master Recording(s),  User-Generated Content, and/or Content) (all of the foregoing, "Claims and Losses"). You shall reimburse BeatStars on demand as it relates to your indemnification obligations herein.
    9. You will repay BeatStars, promptly upon request therefore, for any costs and expenses incurred by it in connection with any claim related to a breach or alleged breach of the above representations and warranties, including, without limitation any copyright infringement claims or demand for money. In the event of any third party claim, or if we believe in our sole good faith discretion that any of your Content violates this Agreement, and/or the rights of a third party such that a third party claim may arise, we may withhold sums due to you hereunder in an amount reasonably consistent with such claim or potential claim pending a final determination.
  1. Disclaimer of Warranties; Limitation of Liability.‍
    1. ‍BEATSTARS DOES NOT GUARANTEE, REPRESENT, OR WARRANT ANY REVENUE, EARNINGS, OR FINANCIAL OUTCOME AS A RESULT OF YOUR USE OF THE SERVICE.‍
    2. ‍BEATSTARS DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME BEATSTARS MAY REMOVE THE OFFERING OF THE SERVICE (OR PARTICULAR PRODUCTS OR SERVICES THEREIN) FOR INDEFINITE PERIODS OF TIME, OR CEASE TO OFFER THE SERVICE IN ITS ENTIRETY, AT ANY TIME, WITHOUT NOTICE TO YOU.‍
    3. ‍YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON INFRINGEMENT.‍
    4. ‍BEATSTARS DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE  WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND BEATSTARS DISCLAIMS ANY LIABILITY RELATING THERETO.‍
    5. ‍TO THE EXTENT PERMITTED UNDER ANY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL ANY BEATSTARS PARTY BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING PERSONAL INJURY OR DEATH OR FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL LOSSES OR DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:‍
      1. ‍THE SERVICE;‍
      2. ‍YOUR USE OF, OR INABILITY TO USE, THE SERVICE, OR THE PERFORMANCE OF THE SERVICE;‍
      3. ‍ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY BEATSTARS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO OR USE OF THE SERVICE;‍
      4. ‍ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS;‍
      5. ‍ANY INJURY OR DAMAGES YOU SUSTAIN DIRECTLY OR INDIRECTLY AS A RESULT OF YOUR USE OF THE SERVICE;‍
      6. ‍ANY ERRORS OR OMISSIONS IN THE SERVICE'S TECHNICAL OPERATION; OR‍
      7. ‍ANY DAMAGE TO YOUR OR ANY AUTHORIZED REPRESENTATIVE'S COMPUTER, HARDWARE, SOFTWARE, MODEM, OR OTHER EQUIPMENT OR TECHNOLOGY, INCLUDING DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE, OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING LOSSES OR DAMAGES IN THE FORM OF LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR EQUIPMENT FAILURE OR MALFUNCTION.
    6. ‍THE FOREGOING LIMITATIONS OF LIABILITY WILL APPLY EVEN IF ANY OF THE FOREGOING EVENTS OR CIRCUMSTANCES WERE FORESEEABLE AND EVEN IF BEATSTARS WAS ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, REGARDLESS OF WHETHER YOU BRING A LEGAL ACTION BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR TORT (INCLUDING WHETHER CAUSED, IN WHOLE OR IN PART, BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE SERVICE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OF THE SORT THAT ARE DESCRIBED ABOVE, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.‍
    7. ‍EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BEATSTARS TOTAL LIABILITY TO YOU, FOR ANY AND ALL ALLEGED DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID BEATSTARS TO ACCESS THE SERVICE; PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY BEATSTARS.
  1. Notices. BeatStars may send you notice with respect to the Services by sending an email message to the email address listed in your Account contact information or the business email address you provided to BeatStars, by sending a letter via postal mail to the contact address listed in your Account contact information, or by a posting on BeatStars associated services webpages. Notices shall become effective immediately, unless expressly stated otherwise in such notice.
  1. Governing Law. You expressly agree that the laws of the State of Delaware, excluding its conflicts of law rules, govern these Terms of Service and your use of the Service, and that the exclusive jurisdiction for any proceeding relating in any way to your use of the Service for will be the Travis County in Austin, Texas. By accepting these Terms of Service, you hereby waive the right to object to the foregoing choice of law, personal jurisdiction or venue.‍
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  2. Miscellaneous. These Terms of Service constitute the entire agreement between you and BeatStars and govern your use of the Services, superseding any prior agreements between you and BeatStars as it relates to the use of the Service. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions of these Terms of Service shall remain in full force and effect. BeatStars failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such right or provision, or any other right or provision of these Terms of Service. You shall not have the right to assign any of your obligations or rights hereunder and any unauthorized assignment by you shall be void ab initio. BeatStars will not be responsible for failures to fulfill any obligations due to causes beyond our control. BeatStars will not be responsible for failures to fulfill any obligations due to causes beyond its control. The provisions of these Terms of Service that, by their nature, are intended to survive the termination or expiration of these Terms of Service shall so survive. Without limiting the generality of the foregoing, the following Sections and Subsections shall survive the expiration or termination of these Terms of Service for any reason: Sections 1-4 and 8-12.