Terms of Service

These Terms of Service (“Terms”) govern your access to and use of MixTree, including our website at mixtree.studio and our applications and services (together, the “Service”), provided by MixTree LLC (“MixTree”, “we”, “us”, or “our”).

By creating an account, accessing, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service. If you use the Service on behalf of an organization, you represent that you are authorized to accept these Terms on its behalf.

You must be at least 18 years old to use the Service. By using the Service, you represent that you meet these requirements and that you are able to form a binding contract with us.

To use most features you must create an account through our authentication provider. You agree to provide accurate information and to keep it up to date. You are responsible for safeguarding your login credentials and for all activity that occurs under your account. Notify us promptly at mixtreesupport@gmail.com if you suspect any unauthorized use. You may close your account at any time through your account settings.

MixTree provides tools for DJs to organize a song library, map transitions on an interactive graph, build and import or export playlists, and preview tracks. We may add, change, or remove features, and we may set or change technical limits (such as how much content a plan can hold), at our discretion. We will try to give reasonable notice of significant changes that materially reduce core functionality.

The Service is offered on free and paid plans. Some features and capacity limits depend on your plan, as described in the Service and on our pricing page.

Paid plans are billed through our billing provider (Clerk Billing, which uses Stripe to process payments). By subscribing, you authorize us and our billing provider to charge your payment method for the fees and applicable taxes for your plan.

Automatic renewal

Subscriptions are sold on a recurring basis and automatically renew at the end of each billing period (for example, monthly or yearly) at the then-current price, unless you cancel before the renewal date. We will disclose the recurring nature, billing frequency, and price before you subscribe, and we will provide any renewal or price-change notices required by law.

Free trials and promotions

If we offer a free trial or promotional price, the terms of that offer will be presented at sign-up. Unless stated otherwise, a trial converts into a paid subscription at the end of the trial period unless you cancel before it ends, and promotional pricing reverts to the standard price at the end of the promotional period.

How to cancel

You can cancel at any time from your billing settings in the Service, in a few steps and without contacting us. When you cancel, your plan remains active until the end of the current billing period, and it will not renew after that. To stop a free trial from converting, cancel before the trial ends.

Price changes

We may change our prices. If a price change affects your subscription, we will give you advance notice as required by law, and the new price will apply to your next billing period. If you do not agree to a price change, you may cancel before it takes effect.

Refunds

Except where required by law (including the consumer rights described below) or expressly stated by us, payments are non-refundable and there are no refunds or credits for partial periods. Nothing in this section limits any statutory refund or withdrawal rights you may have.

You agree not to, and not to allow anyone else to:

• Use the Service in violation of any law or the rights of others.
• Upload or share content that is unlawful, infringing, or that you do not have the right to use.
• Attempt to gain unauthorized access to the Service, other accounts, or our systems, or interfere with or disrupt the Service.
• Probe, scan, or test the vulnerability of the Service, or breach or circumvent security or authentication measures, except as part of an authorized security program.
• Use bots, scrapers, or other automated means to access the Service in a way that burdens our systems, except as permitted by our robots settings.
• Reverse engineer, decompile, or attempt to extract source code, except to the extent this restriction is prohibited by law.
• Resell, sublicense, or commercially exploit the Service except as expressly permitted.
• Misuse the Service to store or transmit malware or to send unsolicited communications.

The Service lets you create and store content such as song entries, transitions, graphs, playlists, notes, and imported library data (“Your Content”). You keep all rights you have in Your Content. We do not claim ownership of it.

You grant us a limited, worldwide, non-exclusive, royalty-free license to host, store, copy, process, and display Your Content solely to operate, provide, secure, and improve the Service for you, and as needed to comply with the law. This license ends when you delete Your Content or close your account, except for content retained in routine backups for a limited period or as required by law, and except for any de-identified or aggregated data.

You are responsible for Your Content and represent that you have the rights needed to upload it and that it does not infringe the rights of others or violate the law. You are responsible for maintaining your own copies. While we take reasonable steps to protect Your Content, you should keep backups of anything important to you.

The Service, including its software, design, text, graphics, logos, and the MixTree name, is owned by MixTree LLC or our licensors and is protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended purpose. We reserve all rights not expressly granted. You may not use our trademarks without our prior written consent.

The Service integrates with and links to third-party services, such as SoundCloud for track search and previews and DJ software formats (including Rekordbox and Serato) for import and export. Your use of those services is governed by their own terms and policies, and we are not responsible for them. Track metadata, artwork, and audio previews are provided by third parties and belong to their respective owners. The availability of third-party content may change or be removed at any time.

We respect the intellectual property rights of others. If you believe content on the Service infringes your copyright, please send a notice to mixtreesupport@gmail.com that includes:

• Your physical or electronic signature.
• Identification of the copyrighted work you claim has been infringed.
• Identification of the material that you claim is infringing and where it is located on the Service.
• Your contact information (name, address, telephone, and email).
• A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the owner’s behalf.

We may remove allegedly infringing material and terminate the accounts of repeat infringers. If you believe your content was removed in error, you may submit a counter-notice with the corresponding information.

If you send us feedback, ideas, or suggestions about the Service, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use them for any purpose without obligation or compensation to you.

Our Privacy Policy explains how we collect, use, and share personal information. By using the Service, you acknowledge that we process information as described there.

You may stop using the Service and close your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service, our users, or others, and we will give notice where reasonable. We may also discontinue the Service or any part of it with reasonable notice.

On termination, your right to use the Service ends. Provisions that by their nature should survive (including the sections on Your Content licenses, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive. Where the Service is discontinued, we will, where practical, give you an opportunity to export Your Content first.

The Service is provided “as is” and “as available” without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that it will meet your requirements, or that any content (including third-party metadata or previews) is accurate or available.

Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you. Nothing in these Terms limits warranties or rights that cannot be limited under applicable law.

To the maximum extent permitted by law, MixTree LLC and its suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or related to your use of, or inability to use, the Service.

To the maximum extent permitted by law, our total liability for all claims relating to the Service will not exceed the greater of the amount you paid us for the Service in the 12 months before the event giving rise to the claim, or 50 US dollars.

Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, such as liability for death or personal injury caused by negligence, or for fraud.

To the extent permitted by law, you agree to indemnify and hold harmless MixTree LLC and its officers, employees, and agents from and against any claims, damages, liabilities, and reasonable expenses (including legal fees) arising out of your misuse of the Service, your violation of these Terms, or your violation of the rights of others. This section does not apply to the extent a claim arises from our own wrongdoing, and it does not apply to consumers where prohibited by applicable law.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, except where mandatory consumer protection laws of your country of residence apply.

Informal resolution

Before bringing a formal claim, please contact us at mixtreesupport@gmail.com so we can try to resolve the issue. Many disputes can be resolved this way.

Arbitration and class-action waiver

To the extent permitted by applicable law, you and MixTree LLC agree that any dispute that cannot be resolved informally will be resolved by binding individual arbitration rather than in court, and that each party waives the right to participate in a class action or class-wide arbitration. You may opt out of this arbitration agreement by sending written notice to mixtreesupport@gmail.com within 30 days of first accepting these Terms. You may also bring qualifying claims in small claims court. This arbitration agreement does not apply where it is prohibited by law.

Courts and consumers

Where arbitration does not apply, the courts of the state and federal courts located in the State of Delaware will have exclusive jurisdiction, and you and we consent to their jurisdiction. Nothing in this section deprives you of the protection of mandatory laws or the right to bring proceedings in the courts of your home country if you are a consumer and the law gives you that right.

If you are a consumer, you have rights that these Terms do not override:

• EU and UK withdrawal right: if you are a consumer in the EEA or UK, you may have a statutory right to withdraw from a purchase within 14 days. Because the Service is supplied as digital content and online services, by subscribing and asking to begin immediately you acknowledge that you may lose that withdrawal right once supply has started, to the extent permitted by law.
• California subscribers: you may cancel your subscription online through your billing settings as described above. California law gives you the right to cancel an automatically renewing subscription, and we provide the disclosures and reminders required by that law.
• Mandatory consumer protections: nothing in these Terms limits any non-waivable rights you have under the consumer protection laws of your place of residence.

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date above and, where appropriate or required, provide additional notice. Changes take effect when posted, or on a later date if we specify one. Your continued use of the Service after changes take effect means you accept the updated Terms. If you do not agree, you should stop using the Service.

• Entire agreement: these Terms and the documents they reference are the entire agreement between you and us about the Service.
• Severability: if any provision is found unenforceable, the rest remains in effect.
• No waiver: our failure to enforce a provision is not a waiver of it.
• Assignment: you may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control.
• Notices: we may provide notices to you by email or within the Service. You may send notices to us using the contact details below.
• Export and sanctions: you agree to comply with applicable export control and sanctions laws and represent that you are not located in an embargoed region or on a restricted-party list.
• No third-party beneficiaries: these Terms do not create rights for anyone other than you and us.

Questions about these Terms? Contact us:

• By email: mixtreesupport@gmail.com
• By mail: MixTree LLC, 8 The Green, Suite B, Dover, DE 19901, United States