Terms of Service

1.1 Eligibility

You must be at least 16 years old to use the Service. By using the Service, you represent and warrant that you meet this age requirement.

1.2 Account Registration

To access certain features of the Service (such as campaign creation and analytics), you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Maintain the security and confidentiality of your account credentials
• Notify us immediately of any unauthorized access to your account
• Accept responsibility for all activities that occur under your account

1.3 Account Types

Beat Cannon offers different account types with varying features and permissions. Your access to features depends on your account type and any subscription or payment plan you have selected.

2.1 Permitted Use

You may use the Service for lawful purposes related to music promotion, including:

• Creating and managing music submission campaigns
• Distributing music to industry professionals via email campaigns
• Collecting feedback and analytics on your music
• Managing mailing lists of music industry contacts
• Listening to and providing feedback on music submissions (for recipients)

2.2 Prohibited Activities

You agree NOT to:

• Spam or abuse: Send unsolicited emails, spam, or abuse our email delivery system
• Copyright infringement: Upload or distribute music you do not own or have rights to distribute
• Circumvent security: Attempt to bypass, disable, or interfere with security features or access controls
• Scraping or automation: Use automated tools (bots, scrapers, crawlers) to access the Service without permission
• Reverse engineering: Decompile, reverse engineer, or attempt to extract source code from the Service
• Harmful content: Upload malicious code, viruses, or harmful software
• Impersonation: Impersonate another person or entity
• System interference: Interfere with or disrupt the Service or servers
• Data harvesting: Collect or harvest personal information from other users without consent
• Commercial resale: Resell or commercially exploit the Service without our written permission

2.3 Email Marketing Compliance

When using our email campaign features, you agree to comply with all applicable email marketing laws, including CAN-SPAM Act, CASL (Canada), and GDPR requirements. You must:

• Only send emails to contacts who have consented to receive communications from you
• Include accurate sender information and subject lines
• Not use purchased, scraped, or third-party email lists without proper consent

Note: Beat Cannon handles unsubscribe functionality on your behalf. All emails sent through our platform include an unsubscribe link, and we automatically process and honor unsubscribe requests to ensure compliance with applicable laws.

Legal basis for B2B communications: Beat Cannon contacts music industry professionals (DJs, radio hosts, A&R representatives, playlist curators, journalists, etc.) under the "legitimate interests" legal basis for business-to-business communications. Receiving promotional music is a standard and expected part of their professional role. Recipients may opt out at any time via unsubscribe links or by contacting us directly.

2.4 Acceptable Use for Recipients

If you are a recipient of music submissions through the Service (e.g., DJs, radio hosts, A&R representatives, playlist curators, journalists, or other industry professionals), you agree to the following terms when accessing listening pages and providing feedback:

• Intended use: Music shared with you is intended for professional evaluation, DJ support (club play), radio airplay, playlist consideration, press coverage, and other promotional purposes as implied by the nature of the submission. When music is shared through this platform, the artist or label grants implied permission for these intended professional uses
• No unauthorized redistribution: You may not redistribute, resell, or share download links with unauthorized third parties
• No commercial exploitation: You may not use submitted music for sync licensing, sampling, remixing, or other commercial exploitation without obtaining proper licenses from the content owner
• Public performance licensing: You must ensure venues have appropriate public performance licenses from PROs (ASCAP, BMI, SESAC) where required by law
• Honest feedback: When providing feedback, do so honestly and professionally; do not submit false, misleading, or malicious feedback
• No scraping or automation: Do not use automated tools to access listening pages, download content, or submit feedback
• Respect intellectual property: Acknowledge that all music and content remains the property of the respective rights holders. You must comply with applicable copyright laws and remain responsible for any unauthorized use or copyright infringement

Violation of these terms may result in your access being revoked and may expose you to legal liability for copyright infringement or other claims.

3.1 Your Content

You retain all ownership rights to the music, artwork, and other content you upload to the Service ("Your Content"). By uploading Your Content, you grant us a limited, non-exclusive, royalty-free, worldwide license to:

• Store, process, and display Your Content to provide the Service
• Deliver Your Content to campaign recipients you designate via email and listening pages
• Generate analytics and waveform visualizations from Your Content
• Create derivative works necessary for Service operation (e.g., format conversions)
• Use Your Content for Beat Cannon marketing and promotional purposes, including but not limited to showcasing examples of campaigns, testimonials, and platform demonstrations

This license ends when you delete Your Content or close your account, except for copies retained for legal or backup purposes.

3.2 Content Representations

By uploading Your Content, you represent and warrant that:

• You own or have the necessary rights, licenses, and permissions for Your Content
• Your Content does not infringe any copyright, trademark, or other intellectual property rights
• You have obtained all necessary permissions from artists, producers, and rights holders
• Your Content does not violate any applicable laws or regulations

3.3 Our Intellectual Property

The Service, including its design, code, features, trademarks, and branding, is owned by Beat Cannon and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our written permission.

3.4 DMCA and Copyright Infringement

We respect intellectual property rights and expect our users to do the same. If you believe content on the Service infringes your copyright, please send a DMCA takedown notice to our designated agent at [email protected] with the following information:

• Identification of the copyrighted work claimed to be infringed
• Identification of the infringing material and its location on the Service
• Your contact information (name, address, email, phone)
• A statement of good faith belief that use is not authorized by the copyright owner
• A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner
• Your physical or electronic signature

Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material is infringing may be subject to liability.

3.5 Music Modernization Act (MMA) Compliance

Beat Cannon is a promotional platform for sending music to industry professionals. We do not:

• Publicly perform musical works or sound recordings
• Stream music to the general public
• Operate as a digital music provider under the MMA
• Pay mechanical royalties for interactive streaming

By uploading music to the Service, you represent and warrant that:

• You own or control all rights necessary to distribute the music via our platform
• You have obtained all necessary licenses and permissions from copyright holders, including songwriters, publishers, producers, and performers
• Your use of the Service for promotional distribution does not require Beat Cannon to obtain mechanical licenses or pay royalties

Note: If you do not own the underlying composition (songwriting) or sound recording (master), you must obtain proper licenses before uploading. This includes cover songs, samples, interpolations, and collaborative works.

3.6 Rights of Publicity and Trademarks

When uploading content or creating campaigns, you must have the right to use all names, likenesses, voices, and trademarks. You represent that:

• You have obtained consent from all artists, performers, and contributors whose names or likenesses appear in your content
• You have the right to use any artist names, band names, or stage names in your campaigns
• You will not use trademarked names or logos without proper authorization
• You have secured releases from all persons identifiable in photos, videos, or promotional materials

3.7 Bootlegging and Unauthorized Recordings

Under applicable anti-piracy and bootlegging laws, you may NOT upload:

• Unauthorized live performance recordings (bootlegs)
• Recordings made without the performer's consent
• Pirated or illegally obtained recordings
• Leaked or pre-release recordings without authorization

3.8 International Copyright Compliance

Beat Cannon serves users globally. You acknowledge that copyright laws vary by jurisdiction and agree to comply with all applicable laws, including:

• Berne Convention: International copyright protections and moral rights of authors
• EU Copyright Directive (DSM Directive): European Union copyright requirements, including Article 17 (formerly Article 13)
• Local copyright laws: Copyright protections in your jurisdiction and recipient jurisdictions
• Neighboring rights: Rights of performers and producers in sound recordings

Note: Even if content is legal in your jurisdiction, it may violate copyright laws in other countries. You are responsible for ensuring compliance with all applicable laws.

4.1 Fees and Pricing

Certain features of the Service require payment. All fees are stated in U.S. dollars unless otherwise specified. We reserve the right to change our pricing with 30 days' notice to active subscribers.

4.2 Subscriptions

Subscription fees are billed in advance on a recurring basis (monthly, annually, etc.) as selected during signup. Your subscription will automatically renew unless you cancel before the renewal date.

4.3 Payment Methods

You authorize us to charge your designated payment method for all fees. You are responsible for providing accurate payment information and maintaining valid payment methods.

4.4 Refunds

Refunds for campaign credits and one-time purchases are available as follows:

• Within 2 business days of purchase confirmation: 100% refund (minus payment processing fees)
• Within 14 days of purchase confirmation: 50% refund
• After 14 days: No refunds

Refunds will not be granted if:

• Your campaign has already been sent to recipients
• Downloads of your content have already occurred
• You have violated these Terms of Service
• You have unrealistic expectations about results (we do not guarantee placements, responses, or feedback)

For subscription refunds, please contact [email protected]. EU consumers may have additional rights under applicable consumer protection laws.

4.5 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. You will retain access to paid features until the end of the paid period.

5.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us at [email protected].

5.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice or liability, for any reason, including:

• Violation of these Terms
• Fraudulent, abusive, or illegal activity
• Failure to pay fees when due
• At our discretion

5.3 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease
• Your Content may be deleted after 90 days (we recommend exporting before termination)
• You remain liable for any outstanding fees or obligations
• Provisions that should survive termination (warranties, liability limitations, dispute resolution) will remain in effect

5.4 Data Retention Policy

We retain different types of data for varying periods based on legal requirements, operational needs, and the nature of the data:

• Account information: Retained while your account is active and for a reasonable period after account closure to allow for reactivation
• Your Content (music, artwork): Retained while your account is active; generally deleted within a reasonable period after account termination unless required for legal purposes
• Campaign and analytics data: Retained for the duration of your account plus a reasonable period thereafter for reporting purposes
• Email delivery logs: Retained as necessary to comply with anti-spam regulations and resolve disputes
• Feedback from recipients: Retained until the associated campaign is deleted or no longer needed
• Payment and billing records: Retained as required by applicable tax and financial regulations
• Security and audit logs: Retained as necessary for security and compliance purposes

You may request deletion of your personal data at any time by contacting [email protected]. We will process your request in accordance with applicable data protection laws, including GDPR. Some data may be retained where we have a legal obligation or legitimate interest to do so.

6.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

6.2 No Guarantee of Results

We do not guarantee any specific results from using the Service, including but not limited to email delivery rates, recipient engagement, feedback quality, or career advancement. Success depends on many factors outside our control.

6.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BEAT CANNON SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

6.4 Third-Party Services

The Service may integrate with or link to third-party services (email providers, file storage, payment processors). We are not responsible for these third-party services or their availability, content, or practices.

8.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to conflict of law provisions.

8.2 Informal Dispute Resolution

Before pursuing any legal action, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will make a good faith effort to resolve disputes within a reasonable timeframe.

8.3 Jurisdiction and Venue

If we cannot resolve a dispute informally, you agree that any legal action or proceeding arising from or relating to these Terms shall be brought exclusively in the state or federal courts located in Los Angeles County, California. You consent to the personal jurisdiction of such courts and waive any objection to venue.

8.4 Limitation Period

To the extent permitted by applicable law, any claim or cause of action arising out of or related to your use of the Service must be filed within one (1) year after the claim or cause of action arose, or it will be permanently barred.

9.1 Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by email or through the Service. Your continued use after changes constitutes acceptance of the modified Terms.

9.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Beat Cannon regarding the Service.

9.3 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

9.4 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

9.5 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

9.6 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, labor disputes, or internet service failures.