Terms of Service

Last updated: June 5, 2025

Welcome to Mixtape Music ("Mixtape", "we", "us", or "our"). These Terms of Service ("Terms") form a legally binding agreement between Infinitale Inc., a Delaware corporation, doing business as "Mixtape Music" (the "Company", "Infinitale") and you ("you" or "User") governing your use of the Mixtape Music website, mobile apps, APIs, forums, guides, tools, widgets, and related services (collectively, the "Service").

By using any part of the Service, you confirm that you have read, understood, and agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

About the Platform

Mixtape Music is an educational community and tool‑suite that helps creators launch AI‑driven artist personas. We are not a record label or distributor. Audio playback on the Service is delivered exclusively via third‑party embeds (e.g., Spotify Play Button). We do not host, store, or distribute sound recordings.

Definitions

  • AI‑Generated Content – any musical composition, sound recording, lyrics, artwork, or other expression created wholly or partly by artificial‑intelligence systems.
  • Billboard – the feature that lets Users post links (such as Spotify URLs) to their own tracks for ranking and discovery.
  • Community Forum – any message board, comment thread, chat, or other collaborative space within the Service.
  • Feedback – suggestions, critiques, lyrics, melodies, loops, stems, or other ideas provided by one User to another through the Service.

Eligibility and Account Registration

  1. You must be at least 13 years old (or the age of digital consent in your jurisdiction, whichever is higher) and able to form a binding contract.
  2. If you are 13–17 years old, you may use the Service only with the consent of your parent or legal guardian, who is responsible for your activities here.
  3. You agree to provide accurate, current, and complete information during registration and to keep your information up to date.
  4. You are responsible for safeguarding your password and for all activity under your account.

Membership Levels and Fees

  • Free – $0 per month: access to the Billboard, Community Forum, and selected guides.
  • Producer – $5.99 per month: access to everything in Free plus all guides, tools, and analytics.

Prices may change with 30 days' notice sent to the email associated with your account. Paid subscriptions renew automatically until cancelled.

Cancellation: you may cancel at any time in your account settings; cancellation takes effect at the end of the current billing cycle and fees already paid are non‑refundable unless required by law.

Taxes: subscription fees are exclusive of applicable taxes, which will be added and collected where required.

By subscribing, you authorize our third‑party payment processor (currently Stripe) to charge the applicable fee and taxes using your selected payment method.

User Content and Licenses

5.1 Music Submissions (Billboard)

You retain all intellectual‑property rights in any sound recordings, compositions, cover art, or other works you upload or link ("Music Submissions"). By submitting Music, you grant Mixtape a worldwide, non‑exclusive, royalty‑free, sublicensable, transferable license to host, stream, cache, index, transmit, publicly display and perform, and otherwise use your Music Submissions solely to operate, promote, and improve the Service, including marketing on social media and third‑party platforms.

5.2 Feedback (Community Forum)

  1. Voluntary and non‑confidential – All Feedback is provided voluntarily and is non‑confidential. Do not post anything you wish to keep confidential.
  2. License grant – By posting Feedback you grant (i) Mixtape the same license described in 5.1; and (ii) every other User a perpetual, irrevocable, worldwide, royalty‑free license to use, adapt, reproduce, modify, distribute, perform, and create derivative works from that Feedback in their own projects, with or without attribution at their option. If you would like attribution, you may request it in writing within your post; however, other Users are not legally required to comply, and Mixtape is not responsible for enforcing attribution.
  3. No moral rights – To the extent allowed by law, you waive any moral rights you may have in the Feedback.

5.3 Representations and Warranties

  • You own or control the necessary rights in any Content (Music Submissions or Feedback) you provide.
  • Your Content does not infringe any third‑party rights, including copyright, trademark, privacy, or publicity rights.
  • For AI‑Generated Content, you have complied with the terms of the AI tools used and any applicable law.

5.4 AI‑Content Uncertainty

You acknowledge that the legal status of AI‑Generated Content is evolving. You accept full responsibility for any claims arising from your AI‑Generated Content and agree to indemnify Mixtape as described in Section 12.

5.5 No Audio Hosting; Third‑Party Embeds

The Service merely displays embedded players supplied by third‑party streaming platforms. All audio files reside on those platforms' servers and stream under their public‑performance licenses.

Prohibited Conduct

  • Upload or share Content you do not have the right to distribute.
  • Post Content that is defamatory, obscene, hateful, or otherwise unlawful.
  • Manipulate charts, votes, or rankings through bots or fraudulent activity.
  • Reverse‑engineer or attempt to obtain source code of the Service.
  • Interfere with security features or impose an unreasonable load on our infrastructure.

DMCA and Copyright Policy

Mixtape respects intellectual‑property rights and responds to valid Digital Millennium Copyright Act (DMCA) takedown notices. Our full DMCA procedure, including counter‑notice instructions, is available at /dmca, or contact lostmixtapenyc@gmail.com

Termination and Account Suspension

We may suspend or terminate your access immediately if we believe you have violated these Terms or applicable law. Upon termination, all licenses you granted survive, but you lose access to any paid feature without refund.

Disclaimer of Warranties

The Service is provided "AS IS" and "AS AVAILABLE." Mixtape disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non‑infringement.

9.1 No Professional Advice

All information presented on the Service, including guides and analytics, is for general informational purposes only and does not constitute legal, financial, or professional advice.

Limitation of Liability

To the maximum extent permitted by law, Mixtape and its affiliates, directors, employees, partners, suppliers, and licensors are not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenues, data, or goodwill, resulting from your use of the Service or from any Content posted on the Service.

Indemnification

You agree to defend, indemnify, and hold harmless Mixtape and its officers, directors, employees, and agents from any claims, damages, liabilities, and expenses (including attorneys' fees) arising out of (a) your use of the Service; (b) your Content; (c) your violation of these Terms; or (d) your violation of any third‑party right.

Governing Law, Dispute Resolution & Class‑Action Waiver

These Terms are governed by the laws of the State of New York, without regard to conflict‑of‑laws rules. Any dispute arising under these Terms must be resolved exclusively in the state or federal courts located in New York County, New York, and you consent to the jurisdiction of those courts.

Class‑Action Waiver. You and the Company agree that any claims will be brought solely on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding.

Changes to Terms

We may modify these Terms at any time. If we make material changes, we will notify you via email or prominent notice on the Service. Continued use after the effective date constitutes acceptance.

Electronic Communications

You consent to receive all notices, disclosures, and other communications electronically, including by email or posting on the Service.

Survival

Sections 5, 8, 9, 10, 11, 12, 14, and this Section 15 will survive termination of these Terms.

Contact

Questions about these Terms? Email lostmixtapenyc@gmail.com