BeatHive Beat Hive Logo

Terms and Conditions

Introduction

Overview

Welcome to BeatHive! BeatHive ("we," "us," "our") operates an online platform that connects artists and producers, facilitating the sale and purchase of beats. By accessing or using our website, mobile application (when available), and services (collectively, the "Platform"), you agree to comply with and be bound by these Terms and Conditions ("Terms").

Our Platform provides a marketplace for producers to upload and sell their beats, and for artists to discover, purchase, and license beats for their creative projects. BeatHive aims to foster a community of high-quality, curated producers and offer innovative tools like our AI Audio Analyzer to enhance the music production experience.

Acceptance of Terms

By accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Platform. These Terms apply to all users of the Platform, including but not limited to visitors, registered users, producers, and artists.

Your use of the Platform is also governed by our Privacy Policy, which is incorporated by reference into these Terms. Please read the Privacy Policy carefully to understand how we collect, use, and disclose information about you.

Definitions

For the purposes of these Terms and Conditions, the following definitions apply:

  • "Platform": The BeatHive website, mobile application, and any other services provided by BeatHive.
  • "User": Any individual or entity that accesses or uses the Platform, including but not limited to visitors, registered users, producers, and artists.
  • "Producer": Any user who uploads and sells beats on the Platform.
  • "Artist": Any user who purchases or licenses beats from the Platform.
  • "Beats": Musical tracks, instrumental recordings, and other audio content uploaded by producers and made available for purchase or license on the Platform.
  • "Content": All text, images, audio, video, and other materials available on the Platform, including user-generated content and BeatHive-generated content.
  • "Account": The user account created to access certain features of the Platform.
  • "License": The permission granted by a producer to an artist to use a beat under specific terms and conditions.
  • "Agreement": These Terms and Conditions, as well as any other policies or agreements incorporated by reference.

Account Registration

Eligibility

To use certain features of the Platform, you must create an account. By creating an account, you represent and warrant that:

  • You are at least 18 years of age.
  • You have not been previously suspended or removed from the Platform.
  • You have full power and authority to enter into these Terms and in doing so will not violate any other agreement to which you are a party.
  • All information you provide during the registration process is accurate, current, and complete.

Account Creation

To create an account, you must provide a valid email address, create a username, and choose a password. Alternatively, you can use a social login provider (Google), if available. You agree to:

  • Provide accurate, truthful, and current information when creating an account.
  • Maintain and promptly update your account information to keep it accurate, truthful, and current.
  • Keep your password secure and confidential.
  • Notify BeatHive immediately if you discover or suspect any security breaches related to your account.

Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. BeatHive will not be liable for any loss or damage arising from your failure to comply with these obligations. You agree to:

  • Notify BeatHive immediately of any unauthorized use of your account or any other breach of security.
  • Ensure that you exit from your account at the end of each session, especially when accessing your account from a public or shared computer.

Use of the Platform

General Use

By accessing or using the Platform, you agree to comply with these Terms and any applicable laws and regulations. You agree not to:

  • Use the Platform for any unlawful purpose or in any way that violates these Terms.
  • Use the Platform to upload, post, or otherwise transmit any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
  • Interfere with or disrupt the operation of the Platform, or the servers or networks used to make the Platform available.
  • Attempt to gain unauthorized access to the Platform or any accounts, computer systems, or networks connected to the Platform through hacking, password mining, or any other means.
  • Use the Platform to transmit any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
  • Use any robot, spider, scraper, or other automated means to access the Platform for any purpose without our express written permission.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

  • Unauthorized Reproduction: Reproducing, duplicating, copying, selling, trading, reselling, or exploiting for any commercial purposes, any portion of the Platform, use of the Platform, or access to the Platform without BeatHive's express written permission.
  • Data Harvesting: Collecting or harvesting any personally identifiable information, including account names, from the Platform.
  • Spamming: Using the Platform to send unsolicited messages, promotions, advertisements, or other forms of solicitation.

Content Standards

All content you submit, post, or display on the Platform must comply with these content standards:

  • Accuracy: Content must be accurate (where it states facts) and genuinely held (where it states opinions).
  • Non-Infringement: Content must not infringe any copyright, database right, or trademark of any person other than yourself.
  • Respectful: Content must not contain any material that is defamatory, obscene, offensive, hateful, or inflammatory.
  • Lawful: Content must not promote any illegal activity or be in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

User Responsibilities

As a user of the Platform, you are responsible for:

  • Compliance: Ensuring that your use of the Platform complies with these Terms and all applicable laws and regulations.
  • Content: Any content you submit, post, or display on the Platform, including its legality, reliability, accuracy, and appropriateness.
  • Activity: All activities that occur under your account, whether or not authorized by you.

User Content

Ownership and Rights

  • User Ownership: You retain all ownership rights in the content you upload, post, or otherwise make available on the Platform ("User Content").
  • License to BeatHive: By submitting User Content, you grant BeatHive a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the operation and promotion of the Platform. You still retain all ownership rights to your content.

User Responsibilities

  • Compliance with Laws: You represent and warrant that your User Content does not violate any laws or regulations.
  • Right to Submit: You represent and warrant that you have the necessary rights and permissions to submit your User Content to the Platform and to grant the rights described in these Terms.

Prohibited Content

You agree not to upload, post, or otherwise make available any content that:

  • Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
  • Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • Contains viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

Producer Content Warranties

By uploading content for sale on the Platform, Producers represent and warrant that:

  • They are the sole creator and copyright owner of all content they make available for sale, or have obtained all necessary rights, licenses, and permissions to use and distribute any third-party content included in their uploads.
  • The content does not infringe upon any intellectual property rights, including but not limited to copyrights, trademarks, or patents, of any third party.
  • They have the full legal right, power, and authority to grant the licenses specified in these Terms.
  • The content complies with all applicable laws, regulations, and Platform policies.

Producers acknowledge that they are solely responsible for ensuring the legality and originality of their content. BeatHive reserves the right to remove any content that violates these warranties or our Terms of Service.

Content Removal

  • Right to Remove: BeatHive reserves the right, but is not obligated, to review, edit, or remove any User Content that BeatHive determines, in its sole discretion, violates these Terms or is otherwise objectionable (for example, due to lack of quality).
  • Notification: In most cases, BeatHive will make an effort to notify you of the removal of your User Content, unless the content is deemed unlawful or harmful to the Platform or other users.

Feedback

  • Submission of Feedback: If you provide BeatHive with any feedback, suggestions, or ideas regarding the Platform ("Feedback"), you agree that BeatHive is free to use such Feedback for any purpose without any compensation to you.
  • License to Feedback: You grant BeatHive a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable license to use, reproduce, distribute, display, and perform the Feedback in any manner.

Purchasing Beats

Licensing Options

Types of Licenses:

  • Non-Exclusive License: Allows the artist to use the beat, but the producer retains the right to sell the beat to others.
  • Exclusive License (when available): Grants the artist sole rights to use the beat. This means the producer cannot sell the beat to anyone else after this point. However, it's important to note that this doesn't guarantee the purchaser is the only person with a license to use the beat. Other users may have previously acquired non-exclusive licenses before the exclusive license was sold. In essence, while no new licenses will be issued, existing non-exclusive licenses remain valid.
  • Custom License (when available): Tailored agreements based on specific terms negotiated between the producer and the artist.

Payment Terms

Pricing:

  • We strive for transparency and fairness when pricing beats on our platform by providing producers with competitive pricing recommendations.
  • Pricing tiers may vary based on the type of license and the quality or popularity of the beat (at the discretion of the content owner).

Payment Methods:

  • Acceptable payment methods include credit/debit cards and other secure payment gateways shown at checkout.
  • Payments must be made in full at the time of purchase.

Refund Policy

No Refunds:

  • All sales of beats are final and non-refundable once the beat has been delivered to the buyer.

Disputes:

  • In case of any issues with the purchase, users can contact BeatHive support for resolution. BeatHive will review and address disputes on a case-by-case basis.

Producer Agreements

Curated Producers Program

  • BeatHive selects top producers to be part of our Curated Producer Program. This ensures a diverse catalog with the highest quality standard.

Application Process:

  • Producers must submit a portfolio of their best work for review.
  • BeatHive evaluates submissions based on creativity, technical skill, and originality.
  • Selected producers are invited to join the Curated Producers Program.

Revenue Sharing

Standard Commission Rates:

  • BeatHive takes a fixed percentage of 10% from each sale as a commission, paid by the buyer (artist).
  • The seller (producer) is responsible for any payment processing fees and taxes that may be applicable.

Licensing Agreements

Standardized Agreements:

  • BeatHive provides templates for licensing agreements to simplify the process and protect both the sellers and buyers.
  • Agreements clearly outline the terms, including usage rights, restrictions, and payment details.

AI Reference Track Analyzer

Use and Functionality

AI Analysis:

  • The AI Reference Track Analyzer evaluates your uploaded reference tracks, analyzing various musical elements such as tempo, key, and MEL frequency spectrogram.

Tailored Recommendations:

  • Based on the analysis, the AI suggests beats that match the sound profile of your reference track, helping you discover new music that fits your style and project needs.

User-Friendly Interface:

  • The analyzer is designed to be easy to use, allowing users to quickly upload tracks and receive recommendations without needing extensive technical knowledge.

Data Usage

Collection of Data:

  • The AI Reference Track Analyzer collects data from the tracks you upload to perform its analysis. This data includes musical attributes including, but not limited to, tempo, key, and MEL frequency spectrogram.

Privacy Protection:

  • All data collected by the AI Reference Track Analyzer is handled in accordance with BeatHive’s Privacy Policy. Personal information is protected, and data is used solely for the purpose of providing and improving the service.

Accuracy and Limitations

High Accuracy:

  • The AI Reference Track Analyzer is designed to provide highly accurate analyses and recommendations. However, no AI system is perfect, and results may vary depending on the quality of the uploaded reference tracks and the diversity of our audio database.

Limitations:

  • Users should use the AI Reference Track Analyzer as a tool to assist in their creative process, while also relying on their own judgment and preferences.

Intellectual Property

Ownership of Platform Content

  • BeatHive Content: All content on the Platform, including but not limited to text, graphics, logos, images, audio clips, video clips, digital downloads, data compilations, and software, is the property of BeatHive or its content suppliers.
  • License to Users: BeatHive grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform and its content for your personal and commercial use. This license does not include any resale of the Platform or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Platform or its contents; or any use of data mining, robots, scrapers, or similar data gathering and extraction tools.

Infringement Claims

Reporting Infringement: If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please contact us immediately with the following information:

  • A description of the copyrighted work or other intellectual property that you claim has been infringed.
  • A description of where the material that you claim is infringing is located on the Platform.
  • Your address, telephone number, and email address.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
  • Your electronic or physical signature.

Security

Security Measures

Technical Safeguards:

  • Firewalls: Our systems are protected by robust firewall technologies to prevent unauthorized access.
  • Regular Audits: We conduct regular security audits and assessments to identify and mitigate potential vulnerabilities.

Organizational Measures:

  • Access Controls: Access to personal data is restricted to authorized personnel who need it to perform their job duties.
  • Training: We provide regular training to our staff on data protection and security best practices.

User Responsibilities

  • Password Security: Users are responsible for maintaining the confidentiality of their account passwords and for all activities that occur under their accounts. We recommend using strong, unique passwords and updating them regularly.
  • Suspicious Activity: Users should notify us immediately if they suspect any unauthorized use of their account or any other breach of security.

Termination

Termination by User

Voluntary Termination: You may terminate your account at any time by following the instructions provided on the Platform or by contacting BeatHive customer support.

Effect of Termination: Upon termination of your account, your right to access and use the Platform will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Termination by BeatHive

For Cause: BeatHive may suspend or terminate your account or access to the Platform at any time, with or without notice, for any reason, including but not limited to:

  • Violation of these Terms or any other BeatHive policies.
  • Engagement in fraudulent, abusive, or illegal activities.
  • Prolonged inactivity of your account.

Without Cause: BeatHive also reserves the right to terminate your account or access to the Platform for any reason or no reason at all, at its sole discretion, upon providing reasonable notice.

Effects of Termination

  • Access to Content: Upon termination, you will no longer have access to your account, including any content or data associated with your account. BeatHive reserves the right to delete all information and data stored in or as part of your account. Some content may stay available to other users who have purchased licenses to your works to ensure they can still access their purchased content.
  • Outstanding Payments: Any fees or charges incurred prior to the effective date of termination will remain payable and due. Termination does not relieve you of any obligation to pay any accrued fees or charges.

Survival of Terms

Continuing Obligations: All provisions of these Terms which by their nature should survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall continue to apply following the termination of your account or access to the Platform.

Disclaimers and Limitation of Liability

General Disclaimers

  • No Warranty: The Platform is provided on an "as is" and "as available" basis. BeatHive expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • No Guarantee: BeatHive does not guarantee that the Platform will meet your requirements, that the Platform will be uninterrupted, timely, secure, or error-free, or that the results that may be obtained from the use of the Platform will be accurate or reliable.
  • Third-Party Content: The Platform may contain links to third-party websites or resources. BeatHive is not responsible for the availability or accuracy of such websites or resources, and does not endorse and is not liable for any content, advertising, products, or other materials on or available from such websites or resources.

Limitation of Liability

  • Exclusion of Damages: To the fullest extent permitted by applicable law, BeatHive shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses (even if BeatHive has been advised of the possibility of such damages), resulting from:
    • Your use or inability to use the Platform.
    • Unauthorized access to or alteration of your transmissions or data.
    • Statements or conduct of any third party on the Platform.
    • Any other matter relating to the Platform.
  • Cap on Liability: In no event shall BeatHive’s total liability to you for all damages, losses, and causes of action exceed the amount you have paid BeatHive in the last three (3) months.

Indemnification

  • User Indemnification Obligations: You agree to defend, indemnify, and hold harmless BeatHive, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney's fees) arising from:
    • Your use of and access to the Platform.
    • Your violation of any of these Terms.
    • Your violation of any third-party right, including without limitation any copyright, property, or privacy right.
    • Any claim that your content caused damage to a third party.

Limitation on Claims

Time Limitation: Any claim or cause of action arising out of or related to the use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose, or it will be forever prohibited.

Changes to Terms

Modification of Terms

  • Right to Modify: BeatHive reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on the Platform and updating the "Last Updated" date at the top of the Terms.
  • Effective Date: Any changes to these Terms will be effective immediately. Your continued use of the Platform following the posting of revised Terms signifies your acceptance of those changes.
  • Review of Changes: It is your responsibility to review the Terms periodically. If you do not agree to the modified Terms, you must stop using the Platform.

Contact Information

How to Contact BeatHive

Customer Support:

If you have any questions, concerns, or feedback regarding these Terms or the Platform, you can contact our customer support team via the social links at the bottom of our website or by replying to your welcome email.

Business Inquiries:

For business-related inquiries, including partnership opportunities, please reach out to us via the social links at the bottom of our website or by replying to your welcome email.

Feedback:

We value your feedback and suggestions. Please send any feedback or suggestions via the social links at the bottom of our website or by replying to your welcome email.

Miscellaneous

Entire Agreement

  • Scope: These Terms constitute the entire agreement between you and BeatHive regarding the use of the Platform and supersede all prior agreements and understandings, whether written or oral, relating to the subject matter of these Terms.

Severability

  • Invalid Provisions: If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
  • Revised Terms: If any provision of these Terms is found to be invalid or unenforceable, the provision shall be modified to the minimum extent necessary to make it valid and enforceable, reflecting the parties' intent.

Waiver

  • No Waiver: No waiver of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of BeatHive to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment

  • User’s Rights: You may not assign or transfer your rights or obligations under these Terms without the prior written consent of BeatHive.
  • BeatHive’s Rights: BeatHive may assign or transfer its rights and obligations under these Terms without restriction. These Terms shall be binding upon and inure to the benefit of the parties, their successors, and permitted assigns.

Headings

  • Purpose: The headings in these Terms are for convenience only and have no legal or contractual effect.

Force Majeure

  • Definition: BeatHive shall not be liable for any failure to perform its obligations under these Terms if such failure results from any cause beyond BeatHive’s reasonable control, including, but not limited to, mechanical, electronic, or communications failure or degradation.