Review the terms and conditions governing your use of Mix That, including user rights, content ownership, and legal disclaimers.

Terms and Conditions

Last Updated: 23 Aug 2022

Definitions

• “We”, “Us” and “Ours” mean First Coders LTD.
• “The Websites” means the website available under the domain mixthat.co.
• “The Software” means the Stem Player Web Component
• “The Documentation” means any documentation which we may make available for The Products either by publishing it on The Website or shared with you by any other means.
• “The Products” means The Websites and/or the Software and/or The Documentation.
• “Intellectual property rights” mean, but are not limited to, copyright, trademarks, design, patent rights, trade secrets, moral rights, know-how, and any other Intellectual property rights (including applications and disclosures) recognized in any country or jurisdiction worldwide.

Conditions of Use

The access and use by you of The Products is subject to these Terms and Conditions. By using the The Products you are deemed to have agreed to all the terms, conditions and disclaimers contained in this notice and you will not use the The Products in any way that contravenes these Terms and Conditions. If you do not agree to these Terms and Conditions in full then you are not permitted to access or otherwise use the The Products.

Modifications to the Products

We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Products following any such changes shall be treated as acceptance by you of such changes. An indication that changes have been made to these Terms and Conditions will be identifiable by a change in the date at the top of this page. We reserve the right for any reason in its sole discretion to terminate, change, suspend or discontinue any aspect of the Products.

Acceptable Use

The products are intended to allow users to upload, administer and share content.

Subject to the terms contained in this agreement, we grant you a revocable, limited licence to use the Products for the purposes for which the Product is intended.

You must not

• use the Products in any way which infringes the copyright, trademark, patent or other proprietary right of any party;
• use the Products to engage in activities which are unethical or immoral or illegal;
• alter, edit or adapt, decompile, de-obfuscate or reverse engineer, or attempt to decompile, de-obfuscate or reverse engineer the Products.
• use the Product to make a derivative product;
• sell, resell, rent, lease, loan, sublicense, supply, publish, distribute or redistribute the Product;
• damage or impair or attempt to damage or impair the functionality of the Product (including, but not limited to, by the use of automated scripts, bots, “hacking”, injecting of harmful code, exploits);

You must

• at all times use the Products in accordance with the purpose prescribed by Us either in These terms and/or the Documentation and/or by any other means;
• report to us conduct which You consider to be in violation of the terms of the Products via

Term

The Term will commence on the date you accept these Terms and Conditions, or when you start using the Products and will remain in force until you stop using the Products or terminate your plan, or when we terminate this agreement.

Plan-Based Features, Limits, and Permissions

• Users may self-register for an account and must provide accurate information.
• The number of tracks, maximum duration, audio quality, and source audio options are determined by the user’s plan. Free users have lower limits and fewer options than sponsors.
• If you exceed your plan’s storage, track, or bandwidth limits, we reserve the right to remove tracks or block/remove your account without warning.
• You may only upload tracks and stems within the limits of your plan. Attempting to circumvent these limits is a violation of these Terms.
• Only certain plans allow high quality streaming audio and the option to persist source audio for download or mixing. Free users cannot select these options.
• The maximum duration of uploaded tracks is plan-dependent. Free users may upload only short tracks; sponsors may upload longer tracks.

Sharing, Embedding, and Permissions

• You may create share URLs and embed codes for your tracks. By default, these are time-limited. Only certain plans (e.g., sponsor) can extend expiry or grant download/mixing permissions to share URLs.
• As a free user, you cannot extend the expiry of share URLs or embed codes, nor grant download or mixing permissions to guests.
• As a sponsor, you may extend expiry and grant download/mixing permissions to share URLs as permitted by your plan.
• Only the owner or those with a valid share URL (with the right permissions) can access, mix, or download tracks.

Mixing and Downloading

• You may mix any of your own tracks with source audio, subject to your plan’s permissions.
• Guests with a valid share URL and the appropriate permissions may mix or download source audio as allowed by the owner’s plan and the share URL settings.

Security and Enforcement

• The system enforces plan-based and share-based permissions, including but not limited to:
  • Track count, storage, and bandwidth limits
  • Audio quality and source audio restrictions
  • Share URL expiry and permissions (download, mixing)
  • Access control for reading and writing tracks
• Attempting to circumvent these limits or permissions is strictly prohibited and may result in account suspension or removal.
• We reserve the right to update which limits and permissions are enforced at any time, and to introduce new enforcement measures as needed to protect the service and its users.

Data Retention and Account Management

To maintain sustainable service operations and optimal performance for all users, the following policies apply:

Free Accounts

• Content Retention: User content (tracks, mixes, and associated data) on free accounts may be automatically deleted if no activity (plays, shares, edits, or account access) occurs for a period of 3 months or more.
• Account Retention: Free user accounts that remain completely inactive (no login or platform interaction) for 6 months or more may be subject to removal.
• Sharing URLs: Private track sharing URLs expire after 3 days to manage server resources and security.
• Notification Policy: While we endeavor to provide advance notice via email before automatic deletions, we cannot guarantee delivery of such notifications. Users are responsible for maintaining regular account activity to preserve their content.

Sponsored Accounts

• Permanent Retention: Content and accounts associated with active sponsorship are exempt from automatic deletion policies and enjoy permanent data retention.
• Extended Sharing: Sponsored accounts can set custom expiry periods for sharing URLs or create permanent links that do not expire.
• Grace Period: Should sponsorship lapse, a 30-day grace period applies before reverting to free account policies.

General Provisions

• Technical Necessity: We reserve the right to remove content or accounts as necessary for legal compliance, security, technical maintenance purposes, or for any reason at our sole discretion.
• No Liability: We accept no liability for data loss resulting from automatic deletion policies outlined in these terms.
• User Responsibility: Users are advised to maintain regular backups of important content and remain active on the platform to ensure content preservation.

Termination

We shall have the right to terminate your access to the Products without notice at any time, for any reason, including without limitation the breach by you of any of these Terms and Conditions. You agree that We shall not be liable to you or any third party for any termination of your access to the Products including the suspension or discontinuance of the Products.

Reporting infringements

If you discover any content on the Products that you believe infringes your copyright, or the copyright of any third-party, please report this to us by contacting us at contact and support.

Intellectual Property Rights

All tangible and intangible rights, benefits, title to, interest and any and all Intellectual property rights, whether registerable or not, in the Products (excluding Your Content) are and will remain the exclusive property of Us, including copies, improvements, enhancements, derivative works and modifications thereof.

Except for the license granted, you are not granted, neither expressly or implied, any ownership of or license to any Intellectual property rights in the Products.

If you communicate to Us any suggestions for improvements, ideas, enhancement requests, complaints or other feedback in connection with the Products, We shall own all right, title, and interest in and to the same, even if you have designated the feedback as confidential, and We shall be entitled to use the feedback without restriction.

Your Content

All audio, comments, pictures and other content that you post or upload (Your Content) is owned and controlled solely by you.

We do not claim ownership rights to Your Content. By posting Your Content your agree that that content remains your sole responsibility.

You must not upload, make available, or continue to make available content to which you do not have the necessary rights. Any unauthorized use of copyrighted works in Your Content may infringe third party rights and is therefore strictly prohibited and may result in litigation or procecution by the rightsholder.

We have no responsibility to monitor any Content which has been posted to the Products by any of the users.

Grant of License

You hereby grant Us a limited, worldwide, non-exclusive, royalty-free and fully paid license to Us to store Your Content on our servers, in original and/or in modified and/or transcoded form.

You also grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to other users of the Products and to operators and users of any other websites, apps and/or platforms to which Your Content has been shared or embedded using the Products to use share, re-share, download, listen to offline, transmit, mix, adapt, Your content.

The licenses granted in this section are granted separately with respect to each item of Your Content that you upload to the Products. Licenses with respect to audio Content, and any images or text within your account, will (subject to the following paragraph of these Terms of Use) terminate automatically when you remove such Content from your account. Licenses with respect to comments or other contributions that you make using the Product will be perpetual and irrevocable, and will continue notwithstanding any termination of your account.

When you remove Your Content from the Products, this will automatically result in the deletion of the relevant files from our servers. However, where Your Content is distributed to third party websites/services, by embedding or by any other means you acknowledge that we have no responsibility to ensure that Your content is deleted by these third parties.

In addition, you also acknowledge that after deletion Your content may persist and be available through caches, backups or other storage mechanisms for a limited time.

Indemnity

You agree to indemnify Us from and against all costs, claims, demands, proceedings and damages including its own reasonable legal costs which are incurred by Us howsoever arising in respect of any breach by you of these Terms and Conditions and from and against any claim or demand brought against Us by any third party arising out of your use of the Products.

Payments and Refunds

All payments for paid plans, sponsorships, or other services are non-refundable, except where required by applicable law. We may, at our sole discretion, consider refund requests on a case-by-case basis. To request a refund, please contact us at .

Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Products. By using the Products, you represent and warrant that you meet this requirement.

Disclaimers and Limitation of Liability

TO THE EXTENT PERMITTED BY LAW WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY NATURE WHETHER DIRECT OR INDIRECT INCLUDING ANY LOSS OF PROFITS OR ANY CONSEQUENTIAL DAMAGES SUFFERED OR INCURRED BY YOU ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PRODUCTS. USE BY YOU OF THE PRODUCTS IS AT YOUR OWN RISK. THE PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND WHETHER EXPRESS OR IMPLIED INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO CONTENT AND ACCURACY OF INFORMATION, USEFULNESS, TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR THAT THE THE PRODUCTS WILL MEET YOUR REQUIREMENTS. FURTHER, NO WARRANTY IS GIVEN BY US THAT THE FUNCTIONALITY OF THE PRODUCTS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE PRODUCTS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE WHICH MAY BE HARMFUL OR DESTRUCTIVE. IF YOU ARE DISSATISFIED WITH THE PRODUCTS YOUR SOLE REMEDY IS TO CEASE USING THEM. NOTHING IN THESE TERMS AND CONDITIONS SHALL BE CONSTRUED SO AS TO EXCLUDE OR LIMIT THE LIABILITY OF US FOR DEATH OR PERSONAL INJURY AS A RESULT OF THE NEGLIGENCE OF US.

IN ADDITION, AND TO THE MAXIMUM EXTEND PERMITTED BY LAW, WE HAVE NO LIABILITY WHATSOEVER TO ANY CONTENT WHICH HAS BEEN POSTED TO THE PRODUCTS BY USERS.

Data Protection

Where in the course of using the Products you are asked to provide any information our use of such information is governed by our Privacy Policy, which we urge you to read.

Governing Law

These Terms and Conditions shall be construed in accordance with English law and you hereby submit to the exclusive jurisdiction of the English courts.