BEATSTARS AI OPT-IN PROGRAM TERMS OF SERVICE
Effective Date: April 15, 2026
PLEASE READ THESE BEATSTARS AI OPT-IN PROGRAM TERMS OF SERVICE (“TERMS OF SERVICE” OR “TERMS” OR “AGREEMENT”) CAREFULLY, AS IT SETS FORTH THE LEGALLY BINDING TERMS OF SERVICE BETWEEN YOU (“YOU” OR THE LIKE HEREUNDER) AND BEATSTARS INC. (“BEATSTARS”), REGARDING YOUR USE OF THE SERVICE 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.
- Access.
- 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 the BeatStars in our sole discretion. By using the Service, you acknowledge and accept 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 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.
- BY CLICKING “I AGREE TO THE TERMS OF SERVICE”, YOU AGREE THAT 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, HAS BEEN FORMED. THEREFORE, PLEASE READ THESE TERMS OF SERVICE CAREFULLY AND CONSULT WITH YOUR OWN BUSINESS AND LEGAL ADVISORS.
- 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, WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGES.
- YOU ARE RESPONSIBLE FOR MAINTAINING A VALID EMAIL ADDRESS ON FILE WITH BEATSTARS FOR SO LONG AS YOU AVAIL YOURSELF OF ANY SERVICES.
- Using the Service. During the Term (defined below), You hereby grant BeatStars a non-exclusive, perpetual, irrevocable, worldwide, royalty-free right, license and consent to use (including, but not limited to, the right to, reproduce, host, store, modify, and create derivative works) Your Content for purposes of training AI models (“AI model(s)”). For the avoidance of doubt, Content shall be defined as all intellectual property associated with your BeatStars Account (“Account”), including, but not limited to all sound recordings, compositions, artwork, metadata, copyrights and trademarks. You agree that BeatStars will have the right to make the AI model(s) available to other individuals and/or entities (the “Users”). The Users will have the right to subscribe to and utilize the AI model(s) to create Works (defined below). As part of the licenses herein, You also acknowledge and agree that BeatStars shall have the right to authorize the Users to create new and derivative recordings using the AI model(s) (“New Recording(s)”) and derivative compositions using the AI model(s) (“New Compositions(s)”). New Recording(s) and New Composition(s) shall collectively be referred to as the “Work(s).” You also hereby grant to BeatStars the non-exclusive, perpetual, irrevocable, worldwide, royalty-free right, license and consent to:
- Print, publish, disseminate, and otherwise use and permit others to use your name(s), approved image and approved likeness, for the purposes of trade, advertising, and other exploitations solely in connection with the marketing, sale, license, and exploitation of the AI model(s), Content, and Work(s).
- BeatStars may host, reproduce, distribute, publicly perform, publicly display, transmit, and otherwise make available the Content and any Work(s) on the Platform in connection with the development, operation, promotion, and commercialization of the AI model(s).
- BeatStars may use the Content and related metadata as reasonably necessary to train, improve, operate, and make available the AI model(s), and to enable Users to create Work(s) through the AI model(s).
- BeatStars may promote the AI model(s), the Content, and any Work(s) across any BeatStars Platform and in marketing materials, and may, with your consent, use Your name, approved likeness, and approved biographical information for such promotional purposes.
- BeatStars may authorize Users and Licensees to access and use the AI model(s) to create Work(s), and may permit them to reproduce, distribute, publicly perform, and otherwise exploit such Work(s) in accordance with these Terms and any applicable Addendum; and
- BeatStars may sublicense the rights granted herein to its affiliates, contractors, and service providers as reasonably necessary to operate, improve, and commercialize the AI model(s), the Content, and the Work(s) in accordance with these Terms.
Subject to the foregoing, if you utilize the opt-in function available on the BeatStars Platform and/or BeatStars mobile applications, you consent to the use of Your Content then-associated with your BeatStars Account for AI model training.
- Territory. The territory shall be throughout the world and universe.
- Term and Cancellation. The Term of this Agreement shall commence upon the Effective Date (defined below) and shall continue for one (1) year from the Effective Date (the “Initial Term”). The Initial Term shall automatically renew for successive (1) month extension periods (each, an “Extension Period”), unless otherwise terminated by either Party by providing written notice to the other Party no later than fifteen (15) days prior to the expiration of the Initial Term or the applicable Extension Period (the “Initial Term” together with each “Extension Period” shall be collectively referred to as the “Term”). The Term and your enrollment in the Service will continue until you send a cancellation request per the cancellation process described herein. You may cancel the Term and your enrollment in the Service by sending an email to support@beatstars.com. Cancellation shall be effective at the end of the Term. All fees including, but not limited to, sign-up fees, subscriptions fees, 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. BeatStars shall have no obligation to delete any AI model(s) trained on the Content and/or stop use of the Content after the cancellation of the Agreement, except as expressly provided herein. Subject to the foregoing, if you utilize the opt-out function available on the BeatStars Platform and/or BeatStars mobile applications, BeatStars will use commercially reasonable efforts to (i) exclude all Content associated with your account as of the date of opt-out from use in any future AI model training; and (ii) exclude any Content uploaded to your account after the date of opt-out from use in any AI model training, notwithstanding the foregoing, this sentence shall not limit the applicability of the preceding sentence. For avoidance of doubt, you acknowledge and agree that previously trained AI model(s) shall not be affected by a subsequent opt-out and/or cancellation.
- Ownership. As between Licensor and BeatStars, Licensor owns the intellectual property, including, but not limited to, all copyright rights, music publishing rights, title and interest in and to the Content. As between You and BeatStars, BeatStars owns all right, title and interest in and to the AI model(s) and any output developed using the AI model(s) (specifically excluding any Work(s), which will be owned by the applicable User and You). If there are any rights You hold in the AI model(s) or output by virtue of BeatStars’s AI training, You agree to assign (and hereby does assign) all such rights to BeatStars, including all intellectual property rights thereof. All rights that are not expressly granted herein by BeatStars and/or You, pursuant to this Agreement, are expressly reserved by each Party. This Agreement does not impose any restrictions with respect to the use of the AI model(s) or the output. You acknowledges that due to the nature of machine learning and the length of Content, output from the AI model(s), including but not limited to the Work(s), may be similar to (but not identical) to your Content and You hereby waive any claim of infringement due to any potential similarities.
- 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.
- 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.
- 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.
- Warranties and Indemnification. You hereby warrant and represent to BeatStars as follows:
- 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;
- You are not bound by any agreement that would prohibit you from entering into this Terms of Service;
- All registration information and other information you submit to BeatStars is and will remain truthful and accurate. You will notify BeatStars promptly if any information changes or needs to be updated. In the event BeatStars is put on notice with respect to a discrepancy or any inaccuracy with respect to any information provided by you, BeatStars shall have the right to suspend payments generated in connection with the any Content submitted by you (if applicable) if there is a question, discrepancy, or inaccuracy that may result in any potential harm and legal liability as it relates to BeatStars.
- 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.
- Neither the music, title, lyrics, images or other material comprising any Content, sound recordings, compositions, 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. For avoidance of doubt, The Content submitted hereunder will not infringe or violate any rights of any third party (including, without limitation, copyrights, trademarks, or other intellectual property or privacy rights). Without limiting the foregoing, you warrant and represent that no Content unlawfully embodies a “sample,” “interpolation,” arrangement, or other portion of a recording and/or musical composition owned or controlled by a third party.
- Your music, title, lyrics, images or other material comprising any Content, sound recordings, compositions any part thereof is are, and shall be free from, any adverse claims, liens or encumbrances of any kind by any person or entity.
- You own or control 100% of the copyright rights in the Content submitted hereunder throughout the universe, including, but not limited to, 100% of the composition(s) and master(s) incorporated in the Content, and the Content contains only original material.
- You will not submit the following types of Content to the Service(s):
- Content for which you are not the 100% copyright owner, including samples that you did not create or fully own (e.g., samples from any third-party libraries);
- AI-generated outputs, even if the generating platform's terms of service claim that you are the owner; or
- Non-song files such as videos, photos, and other similar assets are ineligible.
- BeatStars is not required to obtain any other licenses, permissions, or authorizations from any third party or make any payments to any third party, of the exercise of the rights granted herein. Your sole remedy shall be an action at law for damages actually incurred, if any, and, in no event shall You be entitled to seek equitable or other injunctive relief.
- You hereby indemnify, defend, and hold harmless 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, Content, and/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 and/or the Content that you submit to us (including, but not limited to any intellectual property, 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.
- 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 (if applicable).
- Disclaimer of Warranties; Limitation of Liability.
- BEATSTARS DOES NOT GUARANTEE, REPRESENT, OR WARRANT ANY REVENUE, EARNINGS, OR FINANCIAL OUTCOME AS A RESULT OF YOUR USE OF THE SERVICE.
- 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.
- 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.
- 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.
- 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, BUT NOT LIMITED TO:
- THE SERVICE;
- YOUR USE OF, OR INABILITY TO USE, THE SERVICE, OR THE PERFORMANCE OF THE SERVICE;
- ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY BEATSTARS OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR ACCESS TO OR USE OF THE SERVICE;
- ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS OR OTHER RIGHTS OWNERS;
- ANY INJURY OR DAMAGES YOU SUSTAIN DIRECTLY OR INDIRECTLY AS A RESULT OF YOUR USE OF THE SERVICE;
- ANY ERRORS OR OMISSIONS IN THE SERVICE'S TECHNICAL OPERATION; OR
- 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.
- 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.
- 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.
- 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.
- 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.
- 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. For the avoidance of doubt, the opt-in and opt-out rights described herein apply solely to the use of Content for AI model training under these Terms and shall not affect, modify, or supersede any separate agreement between you and BeatStars or Lemonaide Music governing the licensing or use of Content for AI model training purposes. 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 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 1-5 and 9-13.