Hello! Welcome to Tracksy!

The following outlines the contractual terms (referred to as the "Terms of Use" or "Agreement") established between you, referred to as "The Buyer", and our entity, referred to as "Tracksy". Your continued utilization of the Tracksy website, the Tracksy Web Application, or engagement with any content or material available on our site, signifies your acceptance and adherence to the stipulated terms within this Agreement.

Tracksy is a service offered by Tracksy Holdings LLC, a California company, 1920 Hillhurst Ave #1021 Los Angeles , CA 90027 ("Tracksy Holdings LLC").

The music provided by Tracksy is subject to several music license types between the Buyer and Tracksy, which govern the Buyers' right to use the music.

GENERAL Tracksy is a sophisticated web-based software tool that allows you to access and create unique music. The Buyer accesses Tracksy via the website's online interface only. You cannot parse or automate the process of music downloading and generating. You cannot use Tracksy for any nefarious or illegal activity.

On Tracksy, with “TRACKSY CREATE” you can perform many activities:

• Create a music composition that fits your parameters and preferences.
• Collaborate with our AI music tools for inspiration and to find the perfect music to fit your project.
• Create music by simply describing with text what you want the music output to sound like.
• Select the instrumentation and arrangement level of the musical output with the Intensity dropdown.
• Save music to your library.
• Discard music if you do not like what you hear.
• Select a genre for the music output.
• Select a mood for the music output.
• Select a duration of the music output.
• Download Tracksy music.
• Watch tutorial videos.
• Rename the music.
• Reach out to us through the chat button. We are here to help!
• Share the music ANYWHERE with the provided share link from your library.
• Purchase any paid plan.
• Listen and preview our music.
• Read our articles, news, blog, and other documentation.
• Manage your account in your “My accounts” page located under the person icon.

FOR USERS THAT HAVE ACCESS TO “TRACKSY REVAMP”, YOU CAN:

• Perform all of the activities above.
• Upload a music stem. ie guitar riff, piano melody, bass line, drum line, etc.
• At the moment this upload can be no longer than 8 bars.
• You must own the music stem you upload.
• Create multiple revamps that your account will allow. You can create revamps by clicking on the robot head icon in the “Revamp Library” next to the track.
• Access both the “Tracksy Create” and “Tracksy Revamp” libraries.

ATTRIBUTION Attribution is required from free users and appreciated from paying Tracksy users. In the description or post please add “Co-created with www.Tracksy.ai” for the attribution.

MONETIZING In order to make money from, monetize, or use the music commercially you co-create with Tracksy, you must be a paying subscriber. Go to our pricing page here to see our paid plans www.tracksy.ai/pricing.

If you are a free user, you can share the music anywhere you’d like but you cannot make money from it, monetize it, or use it commercially in any capacity.

EXAMPLES OF COMMERCIAL USE Any use of the music that makes money is considered commercial use. This includes monetization on sites like YouTube, Twitch, etc. and licensing your songs for use in TV, film, podcasts and or advertisements.

If you would like to use your songs commercially, you would need to subscribe to one of our paid plans. Go to Tracksy’s pricing page for more details here: www.tracksy.ai/pricing. You must remain on a paid plan to be protected by our license.

RETROACTIVE USE Subscribing to a paid plan allows you to monetize the music you created as a free plan user. You must remain on a paid plan to be protected by our license.

TRACKSY ACCOUNT To own an account, you must be 18 years of age or older. If you are below this age, you are required to obtain consent from a legal adult, who is at least 18 years old. This consenting adult will bear responsibility for all your actions associated with the account. When you register, you get a Tracksy account that allows you to:

• Download music and manage your purchase information.
• Access new and unique features.
• Pay a Subscription Fee to get the Subscription and license.
• Download items and manage your purchase information.
• Manage your private information. You promise and guarantee that the information you give us is true, accurate, and complete and, if you sign up for a Tracksy account, that you will keep your account information up-to-date.

FREE USER Once you have a FREE account, you may have (or may not have) the option to download limited music (low-quality Items) free of charge within the limits as written below. You must explicitly mention and state Tracksy as the copyright holder in any use of Tracksy music.

In any and all use of free music you should cite “This music track was co-created with www.tracksy.ai”

SUBSCRIPTION Choose a Tracksy Subscription plan for a designated duration known as the Subscription Period. This Subscription entitles you to a license, permitting you to download music within the tenure of the Subscription Period. Once a subscription is cancelled your license for the music you download from Tracksy is voided. To ensure you have a valid license that allows you to use the music, you must remain on a paid plan. Subscription Fees can be settled on an annual or monthly basis - while prices may vary, the terms of the license consistently endure.

LICENSE Once the Buyer has a Tracksy account, they are licensed to synchronize the Item with footage, TV, advertisements, audiovisual images for creating films, or internet video (synchronization license) under the specific license that was chosen during the purchase process. Tracksy reserves the right to create any license at its own discretion. Your license may be attached and located together with the digital musical track file in the archive. Feel free to use the license file as a confirmation of your rights. If you do not get the license, contact us and we will provide you with one. hello@tracksy.ai

SUBSCRIPTION ITEM PRICES The total amount of the Subscription Fee consists of:

• Base Fee: This is the fee for the buyer services you get from Tracksy. This price will be shown to you on the Tracksy pricing page.
• Handling Fee: For some transactions on Tracksy, the total checkout price may include a handling fee.
• Taxes: Some transactions on Tracksy may be subject to tax that may be added to the price. The Buyer’s sole responsibility is to handle and pay any handling fee, commissions, taxes, or other expenses and costs that may be added by the bank, financial institution, and other money transfer services. Tracksy does not maintain and process financial information. All the payments are processed through additional third-party service providers.

CURRENCY CONVERSION COSTS Any currency conversion costs associated with transactions on Tracksy fall under your purview. The financial institution you engage with performs the currency conversion and may impose additional charges for this service.

DOWNLOADING TERMS When you download music on Tracksy, you’re doing so on the following terms:

• You cannot release the downloaded music on any music streaming platforms. Ie Spotify, Apple Music, etc. for now until this is updated.
• We retain ownership of the item.

REFUNDS Considering the digital format of the products, we cannot provide any refunds once a purchase has been made.

TAXES All costs, charges, and fees are generally inclusive of relevant taxes. It is your duty to cover any such taxes or duties that arise from your use of Tracksy, irrespective of location. If withholding tax is applicable, it falls under your jurisdiction — unless we are already handling that specific withholding tax.

INTELLECTUAL PROPERTY We own all the Tracksy software and all the content that we have put on Tracksy: Tracksy websites and Tracksy App, copyright, trademarks, designs, and other intellectual property. You may not copy, distribute, modify, or make derivative works of any of our Tracksy Content or use any of our intellectual property in any way not expressly stated in the License.

COPYRIGHT CLAIM AND INFRINGEMENT If You have received a claim from any third party on your video, animation, or any content with an item embedded in it (derivative work), please ensure you:

• Have a valid license for the Item in your video;
• That you credit Tracksy to this video if you are on the free plan.
• In case you use video for commercial purposes that your license allows monetizing the video. After you follow the instructions above, please send us an email with all the details to hello@tracksy.ai to have the claim released as soon as possible.

RESPECT FOR PRIVACY We attach significant importance to safeguarding your privacy. Our treatment of your personal details is conducted in a strict manner. We collect any data that you willingly provide and use it to improve your experience, fulfill contractual obligations, and comply with legal mandates. However, we firmly uphold the principle of non-disclosure; we do not sell, lease, rent, or trade your data with third parties. Appropriate security measures are in place to protect your data. Depending on your location, you have certain rights over your data, including access, correction, erasure, and transfer. We periodically update our Privacy Policy, the details of which can be accessed at any time.

REMOVAL OF CONTENT We hold the unilateral authority and exclusive right to delete any content as we see fit for any reason whatsoever.

USER LIMITATIONS We maintain the right, at our sole judgment, to restrict your access, cease any of your Tracksy accounts, or refuse to execute a transaction, possibly leading to an indefinite freeze on your account balance, should we prudently identify a hazard linked to you, your Tracksy account, or the concerned payment, including but not limited to scenarios that may contravene laws or regulations.

EXEMPTION FROM LIABILITY Tracksy assumes no responsibility for any harm, whether immediate or consequential, encompassing but not limited to loss of earnings or clientele, loss of data or information. It is prudent for all users to keep a backup of their relevant data.

ADJUSTMENTS TO USAGE TERMS Tracksy retains the solitary right to make amendments to these Terms of Use at any point as deemed fitting.

MAINTAINING EFFECTIVENESS In the event that any clause within these Terms of Use is determined to be void, both you and Tracksy collectively consent that the remaining provisions will uphold their validity and remain in full force and effect.

GOVERNING LAW The provisions in these Terms of Use are subject to the laws of the State of California, USA. Any disagreement regarding the interpretation and/or execution of these Terms shall be resolved within USA jurisdictions, negating the authority of any other jurisdiction.

INDEMNIFICATION At the behest and request of Tracksy, you agree to hold harmless, safeguard, and indemnify Tracksy, inclusive of its affiliated entities, contractors, leaders, officers, and staff from all charges, responsibilities, and expenses (comprising reasonable legal fees) associated with any violation of this Agreement by you.

IMPORTANT NOTICE Please DO NOT enroll music that you created in Tracksy in any Content ID systems. Music created in our "Tracksy Create" tool CANNOT be distributed through music streaming platforms (for instance, Spotify, Apple Music, Deezer, YouTube Music, etc.) or music stock services. HOWEVER, music created with our "Tracksy Revamp" tool CAN be distributed through these streaming platforms and placed in music stock services. Thank you.

MONTHLY TRACK CREATIONS LIMIT Both Discarding and Saving tracks count towards your plan's monthly limit.

PLEASE READ THROUGH THE ABOVE BUT HERE IS A SHORT LIST OF THE “CAN’S” AND “CANNOT’S”

* With Tracksy’s Music You CAN:

• Use it for commercial monetized content, music production, songwriting, TV, film, ads, hobbies, wedding videos, gaming, etc.
• Monetize through YouTube, Twitch, and other social platforms.
• Sell your products (game, video content, audio books, etc.) using Tracksy music.
• Edit the music into personal or commercial content.
• Adjust the volume or length of the music.
• Adding lyrics or mixing.
• Share or post the content you created using Tracksy music on various platforms, such as social media or website.

* While on a paid plan. See paid plans.

With Tracksy's Music You CAN’T:

• Use it in content that is harmful, sexual, and/or hateful.
• Release it to Spotify, and other music streaming sites. (THIS WILL BE CHANGING VERY SOON) :-)