Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you and crate (“crate,” “we,” “us”) governing your access to and use of the crate website, applications, and services (the “Service”). By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

You must be at least 13 years old (and old enough to form a binding contract in your jurisdiction) to use the Service. Authentication is provided by Clerk; you are responsible for your account and for all activity under it, and for keeping your credentials secure. Notify us immediately of any unauthorized use.

As between you and crate, you exclusively own Your Content. We do not sell Your Content, claim songwriting or master rights, or use Your Content to train models. You are responsible for ensuring you hold the rights necessary to upload and share what you upload.

Solely to operate the Service, you grant crate a worldwide, non-exclusive, royalty-free, revocable license to store, encode, reproduce, and transmit Your Content to recipients you designate (including via shares, links, and messages), and to create technical derivatives (e.g., waveforms, format transcodes, lyric/key/tempo analysis) needed to provide features you invoke. This license exists only to run the Service for you and terminates when you delete the content or your account, except for residual backups purged on our routine schedule.

You agree not to use the Service to:

(a) upload or share content you do not have the rights to; (b) infringe any intellectual property, privacy, or publicity right; (c) distribute malware or attempt to breach security or access another user's content; (d) send spam, harass, or send unlawful content via messaging; (e) circumvent access controls, listening windows, or per-recipient link locks; or (f) violate any applicable law.

The Service lets you share tracks and crates with chosen users or via links, with stream-only or download permissions and optional time limits. Time-limited shares and single-recipient link locking are access-control conveniences, not DRM or a guarantee against a determined recipient; share only with people you trust and only what you are permitted to share.

crate complies with the Digital Millennium Copyright Act. If you believe content on the Service infringes your copyright, send a notice to our designated agent at dmca@crate.app including: your signature; identification of the work; the material and its location; your contact information; a good-faith-belief statement; and a statement under penalty of perjury that you are authorized to act. We will remove or disable access to infringing material, notify the affected user, accept counter-notices, and terminate repeat infringers. Submitting a knowingly false claim may incur liability under 17 U.S.C. § 512(f).

The Service includes in-app messaging. We send transactional messages (e.g., share and comment notifications) related to your use. Any commercial email we send complies with the CAN-SPAM Act and includes an unsubscribe mechanism; transactional messages may continue as needed to operate your account.

The Service is currently offered without charge during early access. We may introduce paid plans with notice; pricing and billing terms will be presented before any charge.

You may stop using and delete your account at any time. We may suspend or terminate access for violation of these Terms or to comply with law, and will make reasonable efforts to let you export Your Content where feasible.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant uninterrupted or error-free operation or that content will never be lost; keep your own backups of master files.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, crate WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA. OUR TOTAL LIABILITY FOR ANY CLAIM WILL NOT EXCEED THE GREATER OF USD $100 OR THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM.

You will indemnify and hold crate harmless from claims arising out of Your Content or your violation of these Terms or of any law or third-party right.

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. You and crate agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small-claims court. The seat of arbitration is California and the FAA governs this agreement to arbitrate.

YOU AND crate WAIVE ANY RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@crate.app with your account email and the words “opt out.”

These Terms are governed by the laws of the State of California, excluding its conflict-of- law rules. We may update these Terms; material changes will be posted here with a new “last updated” date and, where required, notified to you. Continued use after changes means you accept them.

Questions: legal@crate.app · Copyright/DMCA: dmca@crate.app