Terms of Service

1. Acceptance of Terms

Welcome to SongBiz ("we," "our," "us," or "the Service"). By accessing or using songbizpro.com and our music marketing platform, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms").

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

These Terms constitute a legally binding agreement between you and SongBiz. We reserve the right to modify these Terms at any time. Continued use after changes indicates acceptance.

2. Description of Service

SongBiz is a professional music marketing platform that provides:

• Playlist Pitching: Automated and manual playlist curator outreach
• Campaign Management: Tools for managing music marketing campaigns
• EPK Builder: Electronic press kit creation and hosting
• Creator Shop: Micro-sync licensing marketplace for content creators
• Analytics: Campaign performance tracking and reporting
• Growth Tools: Fan engagement and audience building features
• Content Studio: AI-powered image, video, and song demo generation tools for creative use

We reserve the right to modify, suspend, or discontinue any feature at any time without prior notice.

3. Eligibility

To use SongBiz, you must:

• Be at least 16 years of age (or age of majority in your jurisdiction)
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Service under applicable laws
• Provide accurate, current, and complete registration information
• Maintain the security of your account credentials

If you are accessing the Service on behalf of a business, you represent that you have authority to bind that entity to these Terms.

4. User Accounts

4.1 Account Creation

You must create an account to access most features. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately of unauthorized access
• Providing accurate and truthful information

4.2 Account Termination

We may suspend or terminate your account if you:

• Violate these Terms
• Engage in fraudulent, abusive, or illegal activities
• Fail to pay fees when due
• Infringe intellectual property rights
• Spam or harass other users or playlist curators

5. Acceptable Use Policy

You agree NOT to use the Service to:

• Spam: Send unsolicited, repetitive, or mass emails
• Harass: Abuse, threaten, or harass playlist curators or other users
• Impersonate: Misrepresent your identity or affiliation
• Infringe: Violate intellectual property, privacy, or publicity rights
• Hack: Attempt to gain unauthorized access to systems or data
• Scrape: Use automated tools to extract data without permission
• Distribute Malware: Upload viruses, trojans, or malicious code
• Manipulate: Use bots, fake accounts, or engagement manipulation
• Resell: Resell or redistribute the Service without authorization

Violation may result in immediate account termination and legal action.

6. Content and Intellectual Property

6.1 Your Content

You retain ownership of all content you upload (music, photos, bios, etc.). By using SongBiz, you grant us a limited license to:

• Store and display your content within the Service
• Send your music and EPKs to playlist curators you target
• Create preview clips and thumbnails for platform features
• Use anonymized, aggregated data for analytics and improvement

This license ends when you delete content or close your account (subject to backups and legal retention).

6.2 Our Content

All platform features, design, code, trademarks, and branding are owned by SongBiz. You may not:

• Copy, modify, or reverse-engineer our software
• Remove copyright or trademark notices
• Use our name or logo without written permission
• Create derivative works based on our platform

6.3 Third-Party Content

We integrate with Spotify, Google, and other third-party services. Their content is subject to their respective terms and licenses.

6B. Content Studio — Credits, AI Tools & Acceptable Use

Credit-Based System

Content Studio operates on a prepaid credit system. Credits are consumed upon each generation request. Key terms:

• Purchased credits never expire and remain on your account indefinitely
• Free trial credits are issued once per account and do not reset
• There are no overages — generation stops when your credit balance reaches zero
• Credits are non-refundable once consumed through a successful generation
• SongBiz reserves the right to adjust credit costs for individual tools at any time with reasonable notice

AI-Generated Content — Ownership & Rights

You retain full commercial rights to all content generated through Content Studio using your inputs. By using these tools, you agree to the following:

• You are responsible for ensuring your prompts and uploaded media do not infringe third-party rights
• AI-generated content is provided "as-is" and results are not guaranteed
• SongBiz is not liable for the accuracy, quality, or commercial viability of AI-generated outputs
• You may not use Content Studio to generate illegal, defamatory, harmful, or sexually explicit material

SongWriter Studio — Policy on AI Music

SongWriter Studio is provided strictly as a creative ideation tool. The following restrictions apply:

• AI-generated song demos may not be submitted through any SongBiz pitching, press, or promotional service
• AI-generated music may not be represented as original human-created music when using SongBiz services
• Violations of this policy may result in immediate account suspension
• These restrictions do not affect your ownership rights to AI-generated outputs — they apply only to use within SongBiz promotional services

7. Music Rights and Licensing

7.1 Your Representations

By uploading music to SongBiz, you represent and warrant that:

• You own or control all necessary rights to the music
• You have authority to grant licenses through the Creator Shop
• The music does not infringe any third-party rights
• You have obtained all necessary clearances (samples, covers, etc.)

7.2 Creator Shop Licenses

When you sell licenses through the Creator Shop:

• You define the license terms and pricing
• SongBiz facilitates payment processing (we take a 10% platform fee)
• You are responsible for delivering the licensed content
• You must honor the license terms you set
• SongBiz is not a party to the license agreement between you and buyers

7.3 DMCA Compliance

We respect intellectual property rights. If you believe content infringes your copyright, contact us at cheston@songbizpro.com with:

• Identification of the copyrighted work
• Location of the infringing material
• Your contact information
• A statement of good faith belief
• Electronic signature

8. Payment Terms

8.1 Pricing

SongBiz offers both free and paid features. Pricing is displayed on our website and subject to change with 30 days' notice.

8.2 Payment Processing

Payments are processed securely through Stripe. By providing payment information, you:

• Authorize us to charge your payment method
• Represent that you have authority to use the payment method
• Agree to Stripe's terms and conditions

8.3 Refunds

We offer refunds on a case-by-case basis:

• Campaign Credits: Refundable if campaigns fail due to technical issues on our end
• Subscriptions: Prorated refunds if you cancel mid-cycle (at our discretion)
• Creator Shop: Refunds handled directly between buyer and seller

Contact cheston@songbizpro.com for refund requests.

8.4 Taxes

You are responsible for all taxes associated with your use of the Service. We will collect sales tax where required by law.

9. Campaign and Pitching Guidelines

9.1 Professional Conduct

When pitching to playlist curators:

• Be professional, courteous, and respectful
• Do not spam or repeatedly contact the same curator
• Honor opt-out requests immediately
• Only pitch music that genuinely fits the playlist genre
• Do not offer payment or incentives for playlist placements (payola is illegal)

9.2 No Guarantees

SongBiz provides tools and connections, but we do NOT guarantee:

• Playlist placements or acceptances
• Specific number of streams or listeners
• Response rates from curators
• Success of any particular campaign

Results depend on many factors including music quality, genre fit, and curator preferences.

9.3 Curator Data

Our curator database is compiled from publicly available information. We make reasonable efforts to verify contact details, but cannot guarantee 100% accuracy.

10. Third-Party Integrations

SongBiz integrates with third-party services (Spotify, Google, Stripe, etc.). You must comply with their terms of service. We are not responsible for:

• Third-party service availability or downtime
• Changes to third-party APIs or features
• Errors or issues caused by third-party services
• Third-party data breaches or security issues

11. Disclaimers and Limitations of Liability

11.1 "AS IS" Service

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or completeness of data
• Uninterrupted or error-free operation

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SONGBIZ SHALL NOT BE LIABLE FOR:

• Indirect, incidental, consequential, or punitive damages
• Loss of profits, revenue, data, or business opportunities
• Damages exceeding the amount you paid us in the past 12 months
• Issues caused by your misuse of the Service
• Actions of third-party curators or users

Some jurisdictions do not allow these limitations, so they may not apply to you.

12. Indemnification

You agree to indemnify and hold harmless SongBiz, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use or misuse of the Service
• Violation of these Terms
• Infringement of intellectual property or other rights
• Content you upload or distribute
• Disputes with other users or curators

13. Dispute Resolution

13.1 Informal Resolution

Before filing a legal claim, contact us at cheston@songbizpro.com to attempt informal resolution.

13.2 Arbitration

Disputes not resolved informally will be settled by binding arbitration under the rules of the American Arbitration Association. You waive the right to:

• Participate in class actions or consolidated proceedings
• Have disputes heard by a jury
• Appeal arbitration decisions (except on limited grounds)

13.3 Exceptions

The following may be brought in small claims court or regular court:

• Intellectual property disputes
• Claims under $10,000
• Injunctive relief requests

14. Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles. Any disputes will be resolved in Delaware courts.

15. Changes to Terms

We may update these Terms at any time. We will notify you of material changes by:

• Email notification to your registered address
• In-app notification upon next login
• Posting updated Terms with a new "Last Updated" date

Continued use after changes constitutes acceptance. If you disagree, you must stop using the Service.

16. Termination

16.1 By You

You may terminate your account at any time by:

• Navigating to Settings → Delete Account
• Emailing cheston@songbizpro.com

Upon termination, you lose access to your data within 30 days (subject to legal retention requirements).

16.2 By Us

We may terminate or suspend your account immediately if:

• You violate these Terms
• We are required to do so by law
• We discontinue the Service entirely
• Your account is inactive for over 24 months

16.3 Effect of Termination

Upon termination:

• Your access to the Service ends immediately
• All licenses you granted to us terminate (except as needed for backups)
• Sections 6, 7, 8, 11, 12, 13, 14, and 17 survive termination
• Outstanding payment obligations remain due

17. Miscellaneous

17.1 Entire Agreement

These Terms, along with our Privacy Policy, constitute the entire agreement between you and SongBiz.

17.2 Severability

If any provision is found invalid or unenforceable, the remaining provisions remain in effect.

17.3 Waiver

Our failure to enforce any right or provision does not waive that right.

17.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights at any time.

17.5 Force Majeure

We are not liable for delays or failures caused by circumstances beyond our reasonable control (natural disasters, pandemics, wars, etc.).

18. Contact Information

For questions about these Terms, contact us: