Terms & Conditions

Instrumentalz.com Terms of Service

Effective Date: January 15, 2026

Introduction

Welcome to Instrumentalz.com! These Terms of Service (“Terms”) form a legally binding agreement between you and Instrumentalz (referred to as “Instrumentalz”, “we”, “us”, or “our”). Instrumentalz.com (the “Platform”) is a beat-selling service operated by our team, allowing users to purchase licenses to use musical instrumentals (“beats”) uploaded on behalf of multiple producers. By accessing or using the Platform, or by purchasing any beat license, you agree to be bound by these Terms. If you do not agree, you must not use the Platform or its services.

Please read these Terms carefully before using the Platform. They outline your rights and obligations when using our website, purchasing licenses, or contributing content. These Terms apply to all users of the Platform, including visitors, beat buyers (“Customers”), and producers providing content (“Producers”). Additional guidelines or policies (such as our Privacy Policy and Copyright Policy) are incorporated by reference. Use of the Platform is also conditioned on your acceptance of our Privacy Policy and all applicable laws and regulations.

Binding Agreement: By using Instrumentalz or purchasing a license, you acknowledge that you have read, understood, and agree to these Terms. This agreement is effective as of the date you first use the Platform or click “I Agree” to these Terms (the “Effective Date”). If you are using the Platform on behalf of a company or other entity, you represent that you have authority to bind that entity to these Terms. You are advised to consult legal counsel if you have any questions about your rights and obligations before using the service.

Modifications: Instrumentalz reserves the right to add to, remove, or change these Terms at any time in its sole discretion. We will notify you of substantive changes by posting the updated Terms with a new effective date (and by email or in-account notification if changes are significant). It is your responsibility to maintain a valid email address for such notices . If any modification is unacceptable to you, you should discontinue use of the Platform. Your continued use of the Platform after updated Terms are posted or communicated to you will constitute your acceptance of the changes .

If you have any questions about these Terms, please contact us at the email provided in the Contact Information section below.

Definitions

For purposes of these Terms, the following definitions apply:

• “Platform” or “Service” – The Instrumentalz.com website, including all related services, features, and content provided by Instrumentalz.

• “User” or “you” – Any person or entity who accesses or uses the Platform in any manner, including visitors (non-registered users), Customers, and Producers.

“Customer” or “Buyer” – A User who purchases or otherwise acquires a license to use a beat from the Platform.
“Producer” – An individual or entity who owns or has rights to musical works (beats) and provides them to the Platform to be licensed to Customers. The Platform is centrally managed, and Instrumentalz’s team may upload beats on behalf of Producers.
“Beat” or “Instrumental” – A musical composition and sound recording (typically an instrumental music track) available on the Platform for licensing.
“Content” – All material available on or through the Platform, including but not limited to beats, audio files, text, graphics, logos, images, software, and other information. Content also includes any User-generated content (such as profile information or comments, if applicable) and third- party content.
“License” – A limited, non-exclusive right to use a Beat under specific conditions. When a Customer purchases a beat on Instrumentalz, they acquire a license to use the beat as governed by these Terms (see Licensing Terms below). Starter License and Pro Unlimited License are the two standard license types Instrumentalz offers (defined below).
“Starter License” – A non-exclusive license offering a basic set of usage rights for a beat, subject to certain limitations (e.g. limited distribution copies, limited streaming counts, etc.), as detailed in these Terms.
“Pro Unlimited License” – A non-exclusive license offering an expanded set of usage rights for a beat, generally with no set cap on distribution or streams (unlimited use within the license term), as detailed in these Terms.
“Trackouts” – Individual audio track stems of a Beat (each instrument or sound separated), provided for advanced mixing. (Typically included with certain license types like Pro Unlimited.)
“Account” – An optional user account on Instrumentalz that a User may create to manage their purchases, view order history, or (for Producers) manage content and earnings.
“Revenue Share” – The portion of license sale revenue allocated to a Producer under Instrumentalz’s arrangements (see Revenue Participation).
“DMCA” – The United States Digital Millennium Copyright Act. References to DMCA in these Terms relate to the legal framework for copyright infringement notices and takedown procedures (see Takedown Procedures section).
Any other capitalized terms used in these Terms have the meanings given to them in context. Words in the singular include the plural and vice versa. Headings are for convenience only and do not affect interpretation.
User Eligibility
Minimum Age: The Platform is intended for users who are at least 13 years old. By using Instrumentalz, you affirm that you are 13 years of age or older. If you are 13 or older but under the age of 18 (or the age of majority in your jurisdiction), you must review these Terms with your parent or legal guardian to ensure that both you and your guardian understand and agree to them 5 . Instrumentalz is not directed to children under 13, and no one under 13 may create an account or make purchases.
Legal Capacity: You also represent that you are legally capable of entering into a contract. If you are using the Platform on behalf of an entity (such as a company or music group), you represent and warrant that you have the authority to bind that entity to these Terms, and in that case “you” will refer to both you as an individual and the entity you represent.
Prohibited Users: You may not use the Platform if (a) you are otherwise barred from doing so under applicable laws (for example, if use of the Platform is unlawful in your country or you are on a sanctions list prohibiting commerce), or (b) you have been suspended or removed from the Platform by

Instrumentalz for any reason. You are responsible for ensuring that your use of the Platform is in compliance with all laws and regulations applicable to you.

By accessing or using Instrumentalz, you confirm that you meet all the above eligibility requirements. If you do not, you must not access or use the Platform.

Account Terms

Account Creation (Optional): Purchasing beat licenses does not require an account registration on Instrumentalz. Customers may check out as guests. However, you have the option to create a user account to access additional features such as viewing your order history, downloading past purchases, or managing profile settings. Whether or not you register an account, your use of the Platform and any purchase is subject to these Terms.

Account Information: If you choose to create an account, you agree to provide accurate, current, and complete information during registration and at all other times. This includes a valid email address and any other information we may require. You are responsible for maintaining the accuracy of your account information and for keeping your login credentials confidential. You must maintain an active, valid email address associated with your account so that we can contact you with important notices.

Account Security: You are responsible for all activity that occurs under your account. You must safeguard your account password and not share it with any third party. If you suspect any unauthorized use of your account or any security breach, you must notify us immediately. Instrumentalz will not be liable for any loss or damage arising from your failure to protect your account credentials.

One Account Per User: You should not create multiple accounts or impersonate any other person or entity. Each individual or entity is generally limited to a single account, unless expressly permitted by Instrumentalz. You also agree not to sell, trade, or transfer your account to another party without our permission.

Account Use and Responsibilities: If you have an account, you agree to use it in compliance with these Terms and any other policies. Any special privileges or features of your account (such as access to download links, exclusive content, etc.) are for your personal use in accordance with these Terms. We reserve the right to monitor accounts for violations or fraudulent activity.

Account Suspension/Termination: Instrumentalz reserves the right to suspend or terminate your account at any time for any reason, including for violation of these Terms or suspicious/fraudulent activity (see Termination section below). Additionally, we may refuse service or cancel orders at our sole discretion if we detect misuse.

Whether you use a guest checkout or a registered account, you agree that all purchases and activities on the Platform are subject to these Terms. If you do not create an account, you are still responsible for providing a correct email at checkout for delivery of your purchase and for complying with all customer obligations under these Terms.

Licensing Terms

Instrumentalz sells licenses to use beats, not the beats or copyrights themselves. When you purchase a beat on Instrumentalz, you are obtaining a limited license to use that beat in accordance with the terms and limitations described here. All beat purchases are licenses of content, not an outright sale of intellectual property. The original Producer (and/or Instrumentalz, as applicable) retains ownership of the underlying music composition and sound recording. You receive defined usage rights to create and monetize your own new song using the beat, as explained below.

Instrumentalz offers two standard types of non-exclusive licenses for beats: the Starter License and the Pro Unlimited License. Both license types grant certain rights to the Customer and come with specific restrictions. By purchasing a license, you agree to the conditions of that license type as outlined in these Terms (under Rights Granted and Restrictions, and the specific license descriptions below).

Non-Exclusive Licenses: Both Starter and Pro Unlimited Licenses are non-exclusive. This means the same beat can be licensed by the Producer to other Customers as well, unless and until the beat is sold under an exclusive arrangement. Non-exclusive licenses allow Producers to continue earning from the beat by licensing it multiple times to multiple artists. As a Customer, you receive the right to use the beat, but you do not gain exclusive ownership or rights to prevent others from also licensing and using that beat (unless you separately arrange an exclusive purchase outside the scope of these Terms).

Below is a detailed description of each license type offered on Instrumentalz, including the usage rights and limitations associated with each:

Starter License

The Starter License is a budget-friendly, entry-level license granting limited rights to use a beat in your musical projects. It is ideal for independent artists starting out or working on smaller projects. Under a Starter License, you receive the following rights and limitations:

Audio Files Provided: Untagged high-quality MP3 and WAV audio files of the beat will be delivered to you. (Trackout stems are not included with a Starter License.)
Distribution Copies: You may sell or distribute up to 2,500 copies of the resulting song that you create using the beat (this includes both physical copies and digital downloads combined). For example, you can distribute your song on CDs, as digital downloads, or on platforms like iTunes/ Beatport etc., up to a total of 2,500 units.
Streaming Limit: You may accumulate up to 250,000 monetized audio streams of your song on streaming services (e.g. Spotify, Apple Music, etc.) under this license. Non-monetized or private streams (and incidental streams on social media) are generally not counted toward this limit, but any significant commercial streaming count should remain under 250,000 streams for the Starter License.
Music Video: You are authorized to create one (1) official music video for the song using the beat. You may upload/stream this video on platforms like YouTube, Vimeo, etc. Monetization of the music video on video-sharing platforms is not covered under the Starter License (meaning you should not monetize the video via content ID or ad revenue unless you upgrade your license). The video should clearly credit the Producer (see Credit requirement below).
Live Performances: You may perform the song live in concerts or showcases on a non- commercial or local basis under this license. (E.g., performing at local venues or online live sessions is allowed.) However, extensive commercial performances (such as a nationwide tour or commercial theater production featuring the song) would require an upgraded license or additional permission.
Radio and TV: The Starter License does not include rights for terrestrial radio play, TV broadcast, or major film/game synchronization. If you intend to use the song for radio rotation, TV commercials, movies, or other major media placements, you should obtain a Pro Unlimited License or separate written approval.

Synchronization (TV/Film/Games): Limited synch rights are granted for non-commercial or indie projects only. For example, you may use the song in a home video or a student film project. Commercial sync uses (film, television, commercials, video games) are not permitted under Starter without additional permission. Any potential placement requiring sync (especially if there’s significant budget or a third-party license fee) will require negotiating with Instrumentalz/Producer for approval (and potentially a revenue split or fee).
License Term: The rights granted by a Starter License are valid for five (5) years from the date of purchase. After five years, the license expires. (If you wish to continue using the beat in new releases or keep your song available commercially beyond that term, you would need to renew the license or upgrade to a Pro Unlimited or exclusive license.) The license term ensures that if a beat is later sold exclusively, prior Starter licenses remain honored for their term but are not indefinite.
Geographical Scope: The Starter License is worldwide in scope. You can distribute and perform your song globally within the above limits; there are no territory restrictions.
Ownership and Royalties: This license is royalty-free for standard independent use – meaning you keep 100% of your earnings from sales or streams of your song (up to the limits above) and typically will not owe the Producer or Instrumentalz additional royalties for those uses. However, the Producer retains ownership of the underlying composition and master of the beat. The beat is licensed, not sold to you 7 . If your song achieves major success (e.g., you sign with a major label or the song is chosen for a big commercial campaign) beyond the scope of this license, you may be required to negotiate further terms (such as royalty splits or an upgraded license) with the Producer for those uses.
Credit Attribution: You must credit the Producer on all distributed versions of the song. This credit should be substantial and in the format “Produced by [Producer Name]” or “Beat by [Producer Name]”. For instance, in song metadata, video descriptions, or album liner notes, you will include this credit. (See Restrictions below for more on credit requirement.)
Non-Exclusive Rights: This is a non-exclusive license. The Producer (via Instrumentalz) can continue to license the same beat to other customers. You do not receive any ownership interest in the beat, nor the right to stop others from using it. The Producer may also still sell an exclusive license of the beat to someone else. In the event of an exclusive sale, any Starter Licenses that were already purchased remain valid for their term, but no new Starter Licenses will be sold afterwards.
Other Uses: Any use of the beat not expressly permitted under this Starter License is reserved and requires additional licensing. If you are unsure whether a particular use (for example, making a remix, using the beat in a podcast background, etc.) is allowed, please contact Instrumentalz for clarification or obtain the Pro Unlimited License for broader usage rights.

Pro Unlimited License

The Pro Unlimited License is a higher-tier license designed for professional artists and projects that require maximum flexibility. It grants significantly expanded usage rights, including essentially no cap on distributions or streams, and additional assets like trackouts for high-quality production. Under a Pro Unlimited License, you receive the following rights and benefits:
Audio Files Provided: Untagged WAV, MP3, and Trackout Stems of the beat will be delivered. Having the trackouts allows you to professionally mix or rearrange the instrumental to fit your song. All files are provided via instant download upon purchase.
Distribution Copies: You may sell or distribute an unlimited number of copies of the song you create using the beat. There is no numerical cap on sales or downloads for Pro Unlimited. Whether you sell 1,000 or 1,000,000 copies (digital or physical), it is permitted.

Streaming Limit: Unlimited audio streams are allowed. There is no limit on the number of streams your song may accumulate on platforms like Spotify, Apple Music, etc. This license is intended to support projects of any scale, from indie releases to widely popular tracks.
Music Videos: You may create unlimited music videos for the song. You can post and monetize these videos on YouTube, Vimeo, or any video platform without restriction. Monetization of your music videos (e.g., through ads or content partnerships) is permitted under this license. (Note: While you can monetize, you still cannot claim the underlying beat in YouTube’s Content ID system as solely yours, since the Producer retains that right. But you are allowed to monetize the combined song/video as the artist.)
Live Performances: Unlimited and commercial live performances are allowed. You can perform the song in any venue or tour globally, without limitation on audience size or ticket sales, under the Pro Unlimited License.
Radio and TV: Radio play and TV broadcast rights are included. You are authorized to have your song played on terrestrial or internet radio, and used on television (such as in TV shows or commercials), subject to the normal processes (e.g., if your song gets radio play, standard performance royalties may apply via PROs, but the license itself permits it). In other words, you have clearance from the beat side to exploit the song on radio/TV.
Synchronization (TV/Film/Games): The Pro Unlimited License grants you broad synchronization rights for film, television, commercials, video games, and other media. You can license your finished song for use in third-party projects (movies, ads, etc.) without needing further approval from the Producer, provided that these projects do not require transferring or sublicensing the beat by itself. (For example, you can pitch your song for a movie soundtrack or have it included in a video game soundtrack under this license. However, you cannot license the isolated instrumental to someone else’s film project – they would need to come through us or the Producer.) In high-budget scenarios or major label soundtracks, typically the producers/ publishers will still coordinate regarding publishing splits, but the Pro Unlimited License ensures the beat itself is cleared for your use in these sync opportunities. Instrumentalz or the Producer may request a royalty split or fee for very large sync uses, but the license gives you the initial permission needed for most professional placements.
License Term: The rights under a Pro Unlimited License are valid for ten (10) years from the date of purchase. This extended term effectively covers the full commercial lifecycle of most songs. After 10 years, the license may be renewed or extended by mutual agreement. (If not extended, technically your rights to further exploit the beat would lapse, though any existing uses distributed during the term can remain in the market.) The term limit allows the Producer the option to renegotiate rights in the far future while ensuring you have a lengthy period to use the beat. In practice, many producers treat Pro Unlimited as nearly perpetual for the artist’s released song, but we set 10 years here as a contractual term.
Geographical Scope: The Pro Unlimited License is worldwide. You can exploit your song globally without territorial restriction.
Ownership and Royalties: Like the Starter License, the Pro Unlimited is also royalty-free for the licensed uses – you keep 100% of your independent revenue from sales, streams, and monetization of your song. You do not owe additional royalties to the Producer or Instrumentalz for the uses covered by this license. The Producer retains ownership of the beat (composition and master). This license does not transfer any ownership of the beat to you 7 . Note: if your song achieves significant commercial success (e.g., major label distribution, charts internationally, etc.), the Producer may still be entitled to songwriter/publisher royalties as the composer of the instrumental, and you may be required to register the song details with performing rights organizations (PROs) listing the Producer as a writer. This does not typically come out of your share, but ensures proper music publishing practice. The key point is that the license itself does not require you to pay the Producer any portion of your sales/streams revenue.

• Credit Attribution: You must credit the Producer just as with the Starter License. Every public release of the song should include production credit (e.g., “Prod. by [Producer Name]”). This is both legally required and industry standard etiquette.

• Non-Exclusive Rights: The Pro Unlimited License is non-exclusive. The Producer may still license the beat to other artists (Starter, Pro, or even sell exclusive). However, given the higher price and usage, many producers limit the number of Pro Unlimited licenses or may stop licensing once a Pro Unlimited is sold to maintain value. If the beat is eventually sold exclusively, any existing Pro Unlimited Licenses remain honored for their 10-year term; however, no new licenses will be sold thereafter. (Exclusive buyers typically must honor earlier non-exclusive licenses.)

• Upgradability: If you initially bought a Starter License and later decide you need the broader rights of Pro Unlimited (e.g., your song is gaining traction), you can upgrade by purchasing a Pro Unlimited License for the same beat (subject to availability). In such case, your new license will replace the old one and you will then be bound by the Pro Unlimited terms for future uses. (Contact us for any upgrade discount possibilities – this may be handled on a case-by-case basis.)

Exclusive Licenses: Note: Instrumentalz currently focuses on non-exclusive licensing (Starter and Pro Unlimited) and does not offer an “Exclusive” license through the standard checkout. If you are interested in buying exclusive rights to a beat (which would typically grant you sole usage and stop further licensing to others), you should contact us for a custom arrangement. Exclusive deals, if made, would involve a separate written contract. These Terms primarily cover the standard non-exclusive licenses.

By purchasing either a Starter or Pro Unlimited License, you enter into a binding license agreement that grants you specific rights to the beat as listed above, conditioned on your adherence to the Rights Granted and Restrictions sections below. All licenses are granted to you directly by Instrumentalz (on behalf of the Producer) once your payment is confirmed. A copy of the license terms (license certificate or agreement) will be made available to you (for example, via PDF download or email). Remember that the beat itself remains the property of the Producer, and what you have is a license to use it per the agreed terms 7 .

Rights Granted

Subject to your payment of the applicable license fee and compliance with these Terms, Instrumentalz hereby grants you a limited, non-exclusive, non-transferable license to use the purchased beat(s) as incorporated into your own musical work, within the scope of the specific license (Starter or Pro Unlimited) that you have purchased. In simpler terms, when you buy a license, you receive permission to create and commercially use a new song recording that includes the beat, according to the rights detailed for that license type.

Scope of License: Under either a Starter or Pro Unlimited License, you may record vocals and/or additional instrumentation over the beat to create a new song. You have the right to reproduce, distribute, perform, and monetize that new song (the “Licensed Track”) as outlined in the Licensing Terms above for your license type. This includes the rights to:

• Make Recordings: Fix the beat in timed relation with other sounds (e.g., your vocals) to make a final recording of a song. You can record, re-record, mix, and master the beat with your additions as needed to create your track.

• Reproduce and Distribute: Manufacture copies of the song (CDs, vinyl, digital files) and distribute/sell them up to the limits (if any) of your license tier. This covers sales on online stores, distribution through aggregators to streaming/download platforms, etc., within the allowed quantity/unlimited as per your license.

• Public Performance: Perform the song publicly (live or via playback) and broadcast the song, again subject to any limits or exclusions of your license. For Pro Unlimited, this includes radio and TV; for Starter, public performances are allowed on a smaller scale (non-commercial) and radio/TV requires an upgrade.

• Streaming and Monetization: Upload the song to streaming platforms and monetize it (collect royalties from streams, ads, etc.) within the scope of your license. (Pro Unlimited allows unlimited monetized streams; Starter allows up to a capped number of streams and may exclude certain platform monetization like YouTube Content ID claims as noted.)

• Synchronization in Media: Use the song in audiovisual projects as permitted (Pro Unlimited gives broad clearance including commercial sync; Starter allows only limited non-commercial sync uses). This means you can synchronize the combined song (not the raw beat by itself) in videos, films, or other media content, pursuant to license limits.

• Editing/Adaptation: You may make minor edits or adjustments to the beat for the purposes of fitting your song (e.g., looping a section, fading, cutting for length). You may also add new elements (lyrics, vocals, additional music) to create your song. However, you are not granted the right to fundamentally remake or remix the beat into a new instrumental derivative for re- licensing (see Restrictions). Any edits should preserve the essence of the beat and be only as needed for your song’s integration.

• Backup Copies: You may make personal backup copies of the beat files and your song files. These are only for archival purposes or to facilitate your permitted use of the beat; you may not distribute the beat files to others except as part of your finished song as allowed.

All rights granted are non-transferable. The license is personal to you (and your authorized collaborators on the song). You cannot sell, sublicense, or give the beat or your rights under the license to another party, except that you can of course sell or distribute the finished song to the public as permitted. The only scenario where rights might transfer is if you (as an artist) are signed by a record label or other entity during the license term – in which case that entity can step into your shoes to exploit the song, but the underlying beat license conditions still apply and that entity must honor them (and cannot use the beat beyond what you could). If you are a label or distributor purchasing on behalf of an artist, ensure the artist (end user) is aware of the Terms.

Reservation of Rights: All rights not expressly granted to you in this Agreement are reserved by Instrumentalz and the Producer 7 . This means that anything you want to do with the beat that isn’t explicitly allowed in these Terms (or in writing by us) is not permitted. For example, you are not granted rights to claim ownership of the beat, to register the instrumental composition with a rights society as your own, to use the beat as background music in a video without vocals (unless you wrote a song over it), or to sublicense the beat to another artist. The Producer retains full ownership of the beat’s copyright (both the composition and sound recording). You own the copyright in your own creative contributions (e.g., your lyrics and vocal recording), but the underlying beat remains the Producer’s property. Your new song will thus typically be a joint work: your vocals + Producer’s instrumental.

Term of License: The license term (duration) is as specified for your license type (e.g., 5 years for Starter, 10 years for Pro Unlimited). During this term, your rights are active and you can exploit the song as allowed. After the term, if not renewed, your rights to further distribute or monetize the song using the beat cease (though usually existing copies already sold or released can stay available). If you need more time, contact us to renew or extend the license.

Instrumentalz Authority: You acknowledge that Instrumentalz, as the platform and authorized agent of the Producer, is granting this license to you. The license is valid and binding between you and Instrumentalz (and the Producer). If any issues about the scope of your rights arise, you agree to address them with Instrumentalz. Instrumentalz has the right to enforce the license terms and ensure you adhere to the agreed limitations.

In summary, you get a limited license to create and exploit a song with the beat within specific parameters, and all other uses or rights are retained by the Producer/Instrumentalz. If you stay within the bounds of your purchased license, you can confidently use the beat in your project and release your music. If your needs exceed those bounds, you should upgrade your license or obtain permission for those additional uses.

Restrictions

When using the Platform and any content (including beats) obtained from it, you must adhere to the following restrictions. These restrictions ensure respect for the intellectual property rights of Producers and Instrumentalz, maintain the integrity of our marketplace, and promote lawful use of our services. Any violation of these restrictions is a material breach of these Terms and may result in termination of your account or license, legal action, or other consequences.

License Usage Restrictions (Customers):

No Exceeding Licensed Limits: You must not exceed the permitted usage limits of the license you purchased. For example, if you have a Starter License, you may not distribute more than 2,500 copies or exceed the allowed stream count or create multiple videos, etc. If you find that you need to exceed those limits, you agree to purchase an appropriate license upgrade (e.g., upgrade to Pro Unlimited). Using a beat beyond the scope of your license is unlicensed usage and constitutes copyright infringement.
No Resale or Re-licensing: You are not allowed to resell, re-license, or redistribute the beat itself to any third party. This means you cannot provide the instrumental file to anyone except as integrated into your finished song. You cannot, for example, include the beat in a beats pack, sample kit, or offer it on another platform. You cannot license or sub-license the beat to another person for their use. The rights granted to you are personal and non-transferable.
No Unauthorized Distribution of Beat: You may not post the raw instrumental (beat) as-is on any platform (such as YouTube or SoundCloud) or otherwise make it available in a form that others could download or stream it without your vocals. (Exception: if you are doing a short preview or snippet for promotional purposes of your song, that’s fine; but you can’t upload the full beat alone.) The only time the beat’s audio should be publicly available is within your finished song. Any unauthorized public sharing of the unaccompanied beat file is prohibited.
Credit Requirement: You must give proper credit to the Producer in any release of the song. Failure to credit the Producer is considered a breach. This isn’t just etiquette; it’s contractually required. The typical format is “Produced by [Producer Name]”. The credit should be included wherever production credits are normally listed (song descriptions, metadata, album notes, YouTube video description, etc.). Do not misrepresent the production of the beat. You cannot claim that you produced the instrumental or that it’s your original composition. Miscrediting or failing to credit is a violation.
No Claim of Ownership: You are not permitted to register or claim ownership of the underlying beat or composition in any rights organization, database, or platform. For instance, you should not register the beat’s composition with a Performance Rights Organization (PRO) as if you were a writer of that instrumental (other than registering your own lyrics/melody portion, if applicable, correctly alongside the Producer’s share). You also should not upload your song to YouTube or elsewhere in a way that conflicts with the Producer’s rights (for example, you should not enable YouTube Content ID claiming for the music if doing so would block the Producer or other licensed artists – typically, non-exclusive licenses mean the Producer might handle Content ID; coordinate if unsure).

Derivative Works: You may not create new derivative instrumentals from the beat. For example,
you cannot take the beat, slightly modify or remix it, and then treat it as your own instrumental for commercial use or re-licensing. The beat can only be used as part of your song as licensed. You also may not use the beat to create tracks like “remix packs” or sample it to create new beats. (Using a short segment for a transition in your song or loop for your own vocals is fine, but not to make a separate beat).
No Infringing or Unlawful Use of the Beat: You may not use the beat or your resulting song in a manner that infringes any third-party rights or violates any laws. For instance, do not incorporate uncleared samples or someone else’s copyrighted material into your song over the beat – if you do so, you are responsible for those infringements. Also, do not use the beat in connection with defamatory, obscene, or hateful content. While your lyrical content is generally your creative domain, using the beat to promote hate speech, violence, or any unlawful activity is strictly prohibited and can result in your license being revoked. Instrumentalz reserves the right to determine if a use-case of the song is objectionable or harmful and require you to cease such use.
Non-Transferability: As stated, your license rights are personal. You may not transfer the license to any other person or assign any rights or obligations under these Terms to others. If you are an agent/label purchasing for an artist, the rights apply to that specific artist’s use. Do not share the licensed beat files with any other artist or party for their separate use.
General Platform Usage Restrictions (All Users):
Lawful Purposes Only: You may use the Platform for lawful purposes only 9 . You must not use the site to engage in any illegal activity, or to promote or facilitate infringement, fraud, or any other unlawful conduct.
Prohibited Content: You must not post, upload, or transmit through Instrumentalz any material that violates or infringes the rights of others, or that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of privacy, vulgar, obscene, hateful, or otherwise objectionable 9 . Although the Platform may not have public forums for users (as it’s mainly for licensing beats), if you communicate with us or others via any feature (comments, profiles, etc.), you must not include such prohibited content.
No Intellectual Property Infringement: Producers must not upload any beats or content that they do not have the full rights to license. Producers are strictly prohibited from uploading beats containing uncleared samples or any elements they don’t have the rights to 10 . Similarly, Customers should not use any content from the Platform in a way that infringes third- party IP. Copyright and trademark laws must be respected at all times. If you suspect a beat on the platform infringes someone’s rights, please notify us (see Takedown Procedures).
No Circumvention: You may not attempt to circumvent the Platform’s payment system or licensing process. Producers and Customers are not allowed to conduct off-platform transactions that originated through Instrumentalz with the intent to evade fees or these Terms. For example, a Producer should not direct a potential buyer contacted via Instrumentalz to pay them outside the Platform for a beat license, and a Customer should not solicit Producers to do so. Such circumvention undermines the marketplace and is cause for account termination.
No Interference or Disruption: You must not interfere with or disrupt the operation of the Platform. This includes not introducing any malware, viruses, or any other harmful code. You agree not to launch any automated systems (like “bots” or “scrapers”) that send more requests to our servers than a human could reasonably produce, or attempt to data-mine or harvest information from the site. Any attempt to hack, overload, “DDOS”, reverse engineer, or exploit any part of the Platform is expressly forbidden.

• No Unauthorized Access: You must not attempt to gain unauthorized access to any portion of the Platform, other users’ accounts, or any systems or networks connected to the Platform (for example, by password mining or any other illegitimate means).

• Account Sharing: If you have an account, do not share access with others not authorized on the account. You are responsible for all activity under your credentials, as noted.

• Accuracy of Information: When providing information (either as a Producer uploading beat details or as a Customer at checkout or any profile info), you must provide truthful and accurate information. Misrepresentation (like false identities, or false claims of rights) is prohibited.

• No Spam or Unsolicited Communications: You may not use any user information from the Platform for spamming, unsolicited advertising, or any kind of harassment. The Platform’s messaging (if any) should be used solely for legitimate transaction-related communication.

• Reserved Rights: Instrumentalz reserves the right, but has no obligation, to monitor any user behavior and content on the Platform. We may remove or edit any user content or take action against any account that, in our judgment, violates these restrictions or any other term.

Consequences of Violations: Violation of any of the above restrictions is considered a breach of these Terms. Instrumentalz may take immediate action if you violate these rules, including removing or disabling content, terminating your licenses or accounts without refund, and taking legal action if necessary. You may also be exposed to liability from third parties (e.g., if you infringe someone’s copyright or trademark, they might pursue legal action against you directly). You agree to defend and indemnify Instrumentalz (and Producers, as applicable) from any claims or damages resulting from your violation of these restrictions (see also Limitation of Liability and Indemnification provisions).

We aim to maintain a fair and creative environment for all our users – abiding by these rules ensures that Producers’ rights are respected and Customers can continue to enjoy quality content legally.

Revenue Participation (Producer Earnings)

Instrumentalz operates a model in which revenue from beat licenses is shared with the Producers who created the content. While the exact revenue split or percentages are determined by internal agreements and are not publicly disclosed in these Terms, this section outlines the general framework of how producers participate in the revenue generated on the Platform.

• Sales Proceeds: When a beat license is sold to a Customer through the Platform, Instrumentalz collects the payment. This payment (the sale price of the license) may be subject to deduction of any applicable taxes, payment processing fees, or Platform fees. The remaining amount (net revenue) is then allocated between Instrumentalz and the Producer according to a predetermined revenue share arrangement. Instrumentalz will compensate the Producer with their share of the net revenue for each license sale of their beats. (For example, if a beat sells for X amount, the Producer receives a certain percentage or amount of X, as per our program terms with Producers.)

• Producer Dashboard/Reports: Producers (if they have accounts) will have access to sales reports or a dashboard where they can see their beat sales, revenue earned, and other relevant metrics. Instrumentalz strives to maintain transparency with Producers regarding their earnings (number of licenses sold, amount earned, etc.), albeit the exact interface and frequency of reporting may vary. If a Producer does not have direct access to a dashboard (in cases where Instrumentalz staff manage uploads on their behalf), Instrumentalz will provide periodic statements or summaries of sales to the Producer upon request or at regular payout intervals.

• Payouts: Instrumentalz will pay out the accumulated earnings to Producers on a regular schedule (for example, monthly) or when a certain earnings threshold is reached, according to our internal payout policies. Payments will be made via the method agreed upon with the

Producer (such as bank transfer, PayPal, etc.). Producers are responsible for providing accurate payment details and keeping that information up to date to receive their payouts.

Adjustments: If a sale is subject to a chargeback, refund (in rare cases), or is identified as
fraudulent, Instrumentalz reserves the right to adjust the Producer’s earnings accordingly. For instance, if a Customer’s payment is refunded or reversed, the Producer will not receive a share for that transaction, or if already paid out, may see a deduction in future earnings to balance it. (Note: As per our Refund Policy, refunds are generally not offered except under exceptional circumstances, so this scenario is uncommon.)
No Public Disclosure: The exact revenue share percentage between Instrumentalz and Producers is typically confidential. Producers agree not to disclose the specific revenue split or terms of their arrangement with Instrumentalz to outside parties, except as required by law or to professional advisors under duties of confidentiality.
Producer’s Other Revenue: The revenue participation described here pertains only to license sales on the Platform. If the Producer’s beat is used by a Customer in a released song, the Producer might also be entitled to other royalties outside of Instrumentalz (for example, performance royalties as a composer when the song is played on radio, mechanical royalties for physical reproductions, etc.). Those are industry-standard royalties collected via performance rights organizations (PROs) or other mechanisms and are not handled by Instrumentalz. Instrumentalz’s revenue share covers the licensing fee revenue only, not those external royalties. Producers should ensure their works are properly registered with their PRO or publishing as needed to collect such royalties.
Taxes: Producers are responsible for their own taxes on the earnings paid to them. Instrumentalz may be required by law to withhold taxes from payouts in certain jurisdictions (for example, withholding tax for international payments) or to report income to tax authorities. Producers must provide any required tax information (such as W-9, W-8BEN forms, VAT IDs if EU, etc.) to Instrumentalz to ensure compliance. Where applicable, Instrumentalz will deduct any required withholding taxes and remit them to the government, and the net payment to the Producer will be after such deductions. Instrumentalz will provide appropriate documentation of any taxes withheld as required by law.
No Additional Compensation: Producers are not entitled to any additional compensation from Instrumentalz outside the agreed share of sales revenue, unless separately agreed in writing. For example, simply having a beat listed on the platform does not guarantee any payment – payment is only due when that beat is licensed to a customer and revenue is earned. Instrumentalz does not charge Producers fees for listing (no upfront fee; we operate on the commission model). Conversely, if Instrumentalz invests in advertising or promotion of beats or the platform, Producers aren’t charged, but also aren’t separately paid for that – it’s part of the service Instrumentalz provides in facilitating sales.
Changes to Revenue Model: Instrumentalz may adjust the revenue share model or fee structure in the future. Any such changes that affect Producer earnings would be communicated to Producers in advance and, where necessary, would amend the agreement between Instrumentalz and Producers prospectively. However, we will not retroactively change the split for sales that have already occurred.
Producer Withdrawal from Platform: If a Producer decides to remove their beats from Instrumentalz or terminate their relationship (subject to any separate Producer agreement terms), Instrumentalz will cease selling new licenses of those beats and will pay out any remaining earned balance to the Producer (minus any applicable deductions) in the next payout cycle. The Producer should note that any licenses sold prior to removal remain valid with Customers and the Producer must honor those licenses (they will continue to receive their share for any such sales that occurred before removal). The Producer cannot demand revocation of licenses already sold to Customers.

• Instrumentalz’s Role: Instrumentalz’s operations (hosting the platform, processing payments, customer support, etc.) are funded by its share of the revenues. By participating on the platform, Producers acknowledge that this is a fair arrangement and that Instrumentalz is providing valuable services (marketing, sales infrastructure, payment handling, etc.) in exchange for the share it retains.

In summary, Producers earn money when their beats sell on Instrumentalz, and Instrumentalz handles the transactions and distribution of earnings. While we do not publish the exact percentage splits here, we ensure that Producers receive their agreed share of each sale in a timely manner. Instrumentalz strives to maintain a fair and transparent ecosystem where Producers can monetize their work and Customers can enjoy a variety of beats from multiple producers in one place.

(Note: If you are a Producer with questions about the revenue split or payout schedule, please refer to any Producer-specific agreement or consult Instrumentalz support. These Terms focus on the structure and not the confidential specifics.)

Payments and Delivery

This section applies primarily to Customers purchasing beat licenses:

Pricing: All beat licenses are offered at prices set by Instrumentalz (in coordination with Producers). Prices will be clearly indicated on the Platform for each beat and license type (Starter or Pro Unlimited). Prices are subject to change at any time at our discretion, but any change will not affect an order you have already placed (once you buy at a given price, that transaction is locked in). Unless stated otherwise, prices are listed in the currency of the Platform (e.g., USD or EUR). You are responsible for any currency conversion fees or differences if you are purchasing from a region using another currency.

Taxes: Depending on your location, sales of digital products may be subject to taxes such as VAT (Value Added Tax), GST, or other consumption taxes. Instrumentalz will collect taxes where legally required. Any applicable taxes (other than income taxes, which are the responsibility of the Producers or Instrumentalz respectively) will be added at checkout or included in the price as required by law. For example, if you are an EU customer, the price you pay may include VAT according to your country’s rate. We strive to comply with global tax regulations on digital sales.

Payment Methods: Instrumentalz accepts various payment methods for license purchases. These may include major credit/debit cards, PayPal, and other electronic payment processors. The available methods will be presented at checkout. By providing your payment information, you represent that you are authorized to use the payment method and you authorize us (and our third-party payment processors) to charge the full amount of your purchase (including any applicable taxes) to that payment method.

Payment Security: All payments are processed through secure third-party payment gateways. Instrumentalz does not store your full payment card details on our servers. We take reasonable measures to ensure the security of transactions. However, you understand that no transmission of data is 100% secure, and any payment is made at your own risk. If we suspect a payment is fraudulent or unauthorized, we reserve the right to decline or cancel the transaction.

Order Confirmation: After you successfully place an order and payment is received, you will receive an order confirmation (typically via email). This serves as your receipt. Instrumentalz will also generate a License Certificate or Agreement for your purchase, summarizing the rights you’ve obtained for that beat. The confirmation email or download page usually includes a link to download the beat files (and trackouts if applicable) and a PDF of the license terms for your records.

Delivery of Files: Digital Delivery of the beat files and contract is typically instantaneous upon successful payment. You will either be presented with a download link on the confirmation page or receive an email with download instructions. The files delivered include: – The beat audio files in the formats applicable to your license (MP3/WAV for Starter; MP3/WAV + Trackouts for Pro Unlimited). – A PDF copy of the License Agreement outlining your rights to the beat (for your reference and proof of licensing).

If you have an Instrumentalz account, the purchased files and license may also be accessible by logging into your account and navigating to your purchases/order history section. If you checked out as a guest, use the email link provided to retrieve your files.

Email Delivery: Ensure that you provide a valid email during checkout. If you do not receive the email with your download links within a few minutes after purchase, please check your spam/junk folder. If it’s not there or if the link is not working, contact Instrumentalz support for assistance. We will ensure you receive the product you paid for.

Download Limits: We may impose limits on how many times or how long the download link remains active (for security and bandwidth reasons). Typically, you should download your purchased files promptly and store them securely. If you lose your files, you may contact us to re-enable a download, but we encourage you to back up your purchased beats and contracts.

License Effective Upon Payment: Your right to use the beat under the chosen license becomes effective once your payment is completed and accepted. If payment is reversed or charged back, your license is voided (and any use of the beat after that point would be unlicensed). Instrumentalz retains the right to disable or revoke access to content if a payment is disputed or not honored.

Error Handling: In the event of any technical error on our side (for instance, if the download link is broken or the file delivered is incorrect/corrupted), Instrumentalz will correct the issue at no additional cost. Contact us and we will provide a working download or the correct files. Such technical issues will be resolved amicably 11 – our aim is that you receive what you purchased in good order.

Fraud Prevention: Instrumentalz may decline to process, delay, or cancel an order if we suspect fraud or unauthorized/unlawful activity. In such cases, we might request additional verification from the buyer or use other fraud detection measures. This is to protect all parties and ensure legitimate transactions. If your order is canceled by us and you believe it was a mistake, reach out to support to clarify the situation.

No Physical Delivery: All products on Instrumentalz are digital. There is no physical product to be shipped. Therefore, shipping charges do not apply, and delivery is considered complete once the digital files have been made available to you.

Third-Party Fees: You are responsible for any fees that may be charged by your bank or payment provider, such as foreign transaction fees or overdraft fees, if applicable. Instrumentalz only charges the advertised purchase price and any necessary taxes. We have no control over additional fees your bank might levy.

Subscriptions/Memberships: Instrumentalz does not currently offer subscriptions or recurring memberships for Customers (as noted, we have no memberships or subscription plans for purchasing beats). Each purchase is a one-time transaction for a specific license. Therefore, you will not be billed on a recurring basis for any beat purchase. (If we ever introduce subscription services in the future, those would be governed by additional terms.)

Customer Responsibilities: It is your responsibility to ensure you have the necessary technology to receive and use the digital files (e.g., a computer or device that can handle WAV files and unzip trackout archives). It’s also your responsibility to adhere to the license terms after obtaining the files – downloading them doesn’t mean you can ignore the agreed usage rules.

By completing a purchase, you agree that you are authorized to use the payment method and that you will not fraudulently dispute the charge after receiving the product. In case of any issues with the payment or delivery, you will work with Instrumentalz in good faith to resolve them.

In summary, we strive to make the purchase and delivery process smooth and immediate: pay → receive files + contract → start making music. If anything goes wrong, we’re here to help fix it. Enjoy your beat!

Refund Policy

Due to the nature of digital content, all sales on Instrumentalz are final 12 . Once you have purchased a beat license and gained access to the digital files, we generally do not offer refunds or exchanges. By completing a purchase, you obtain immediate access to downloadable digital content, and you acknowledge that you lose any right of withdrawal or cancellation of the purchase once the download or access has begun.

We maintain this no-refund policy for several reasons: (1) digital goods, unlike physical goods, cannot truly be “returned” – once you have the files, the product cannot be taken back; (2) a license, once granted, could potentially be used or copied in ways that can’t be undone; and (3) protecting the rights of Producers – immediate revocation and refund could be abused and would create uncertainty whether a Customer might still have copies of the beat.

Exceptions: Instrumentalz may, at its sole discretion, consider a refund or credit under certain exceptional circumstances, such as:

• Technical Issues: If a file is corrupt, incomplete, or otherwise unusable and we are unable to provide a working replacement in a reasonable time, we may issue a refund. (Typically we will try to fix the issue first, e.g., by sending new download links.)

• Accidental Duplicate Purchase: If through some error you were charged twice for the same item or accidentally purchased the same license twice, we will refund or credit the duplicate charge.

• Unauthorized Transaction: If it is proven that your payment method was used fraudulently to buy content on Instrumentalz (e.g., stolen credit card), we will refund the fraudulent purchase. We may require documentation to support such claims.

• Instrumentalz Cancellation: In the unlikely event Instrumentalz decides to cancel your license or remove a beat from the platform due to issues on our end (e.g., a breach of Producer warranty that comes to light, like the beat is infringing and must be taken down), we may issue a refund for your purchase of that license, since you would no longer be able to safely use the content.

Any refund request must be submitted to Instrumentalz support (see Contact Information) within a reasonable time of purchase (e.g., within 14 days of purchase). However, simply changing your mind about a beat, or deciding you didn’t like it, or it didn’t fit your project, are not valid reasons for a refund. Please listen to demo previews and be sure of your selection before buying. We provide ample previewing opportunities for this reason.

EU Right of Withdrawal: If you are a customer in the European Union, you may be aware that EU consumer law provides a 14-day “cooling-off” period for many purchases. However, this right does NOT apply to digital content that has been delivered with your consent before the 14 days are up. When you purchase on Instrumentalz, you will be asked to agree that we can provide the digital files immediately, and that by doing so, you waive the 14-day withdrawal right. This is in accordance with EU law for downloads and streaming content 13 . Thus, EU customers also cannot claim a cancellation or refund once the download is provided, except under the exceptional conditions noted above.

No Refund for Violations: If your account is terminated or your license is revoked due to your violation of these Terms (for example, you used the beat in an unauthorized way or engaged in fraudulent activity), you are not entitled to any refund. Any money paid is forfeited in such cases, as a compensation for the breach and the administrative costs imposed. BeatStars (our industry peer) similarly offers no refund if a user violated the terms 14 , and we uphold that standard.

Chargebacks: Attempting to force a refund through a credit card chargeback or payment dispute after receiving the product, without valid cause, is considered a violation of these Terms. We view fraudulent chargebacks seriously. Instrumentalz will contest unjustified chargebacks and provide proof of delivery and user agreement to these no-refund terms to payment processors. Such actions may also result in account termination and legal action if theft of services is evident.

Issue Resolution: We aim to have satisfied customers. If you do encounter any problem with your purchase (file issues, misunderstanding of license, etc.), please contact us. We will work with you to resolve the issue—whether that means clarifying the license, assisting with the file download, or in rare cases, considering a courtesy credit. Our goal is an amicable solution whenever possible 11 . However, because of intellectual property considerations, a refund is the last resort.

Policy on Premium Services: (For completeness: Instrumentalz currently doesn’t offer premium subscriptions or recurring services. If in the future we did – e.g., a subscription for unlimited downloads – any such service would have its own cancellation terms. As of now, this is not applicable, so every purchase is one-off.)

In summary, when you buy a beat license from Instrumentalz, the sale is final. You get your files and the rights to use them, and we do not revoke that except for serious cause. Make sure you’re committed to the purchase before completing checkout. If something genuinely goes wrong on our side, we’ll fix it or refund as needed, but general refunds are not provided. This approach is standard in the digital goods industry and is necessary to protect content creators and the sustainability of the marketplace.

Your statutory rights (if any) are not affected except to the extent permitted by law. For instance, if a law in your jurisdiction mandates a refund in a particular scenario, we will comply with that law. But absent that, this policy stands as is.

Producer Terms

This section contains additional terms and conditions that apply specifically to Producers who contribute or upload their beats to Instrumentalz for sale. By providing beats or any content to the Platform, Producers agree to the following terms (in addition to all other applicable sections of these Terms of Service):

Producer Representation and Warranty: As a Producer, you represent and warrant that:

Original Content: You are the sole creator and owner of, or have obtained all necessary rights, licenses, consents, and permissions to use and license, each beat and all associated content (e.g., cover artwork, if any) that you submit to Instrumentalz. This includes having rights to all musical compositions, sound recordings, samples, loops, or other elements embodied in your beats. You promise that no beat you provide infringes any copyright, trademark, or other intellectual property rights of any third party 10 . If you used any third-party materials (like a sample or a melody loop) in your beat, you must have legally cleared it or it must be truly royalty-free for commercial use.
No Infringing or Prohibited Material: Your content does not contain any material that is defamatory, obscene, or otherwise violative of any law or regulation. It also does not contain unauthorized samples or any content that would require additional clearance from performance rights organizations, publishers, or anyone else that you have not obtained. Essentially, each beat must be “clean” from a legal standpoint, ready to be licensed and used by a Customer without Instrumentalz or the Customer facing claims from other parties.
Authority to Enter Agreement: You have full authority to enter into this agreement and to grant the rights to Instrumentalz as described. If you are under any contractual obligations (such as being signed to a label, publisher, or production company) that might affect your ownership of your beats or your ability to license them, you affirm that providing the beats to Instrumentalz does not violate those obligations. If you are in a group or co-producer situation, you either represent all owners or have obtained necessary consents from your partners.
Grant of Rights to Instrumentalz: By submitting or allowing Instrumentalz to upload a beat on your behalf, you hereby grant Instrumentalz a non-exclusive, worldwide, royalty-free license (for so long as your content is on our Platform) to use, reproduce, distribute, publicly perform, publicly display, modify (for technical purposes, e.g., encoding), create derivative works (for technical purposes or marketing, e.g., making a preview snippet), and otherwise exploit the beats solely for the purpose of operating, marketing, and providing the Instrumentalz services. This includes, for example, the right for Instrumentalz to:
Host your beat on our servers and make it available for streaming to potential buyers in low quality (watermarked or tagged previews).
Display your producer name, trademarks, and any provided artwork in connection with the beat listing.
Reproduce and distribute the beat when a Customer purchases a license (deliver the files to them).
Use the beat or snippets in promotional materials or social media to drive sales (e.g., include it in a showcase or playlist).
Modify the file format or add watermarks/tags to the preview as needed for service purposes.
Sub-license the beat to Customers under the terms of the licenses sold on the Platform (Starter,
Pro Unlimited). This sub-license to Customers is the core of the service: you authorize us to license the beat to end-users on your behalf, under the standard license terms herein. Each such Customer license is a direct license from you (facilitated by Instrumentalz) to the Customer, which we are authorized to execute. We and the Customer are bound by those license terms, and you agree those terms are acceptable and binding on you.

Importantly, this grant of rights to Instrumentalz is non-exclusive – you remain free to use or license your beats elsewhere (subject to any separate agreement you might have with us for exclusivity, but by default, we do not require exclusivity for producers). However, see “Platform Exclusivity & Non- Circumvention” below regarding not circumventing our platform for leads generated here.

Content Management: Instrumentalz reserves the right to refuse, remove, or disable any Producer content at its discretion. This might happen if, for example, we receive a credible complaint or DMCA notice about a beat, or if we suspect the beat violates our terms (e.g., contains an uncleared sample or hate speech in any vocal tags, etc.), or if the audio quality is substandard. We are not obligated to list every beat submitted. We may also remove content if it hasn’t had activity or if the Producer is no longer active, etc. We will generally inform the Producer if we remove their content (unless due to a DMCA where we follow that procedure). If your beat is removed due to an infringement claim or violation, Instrumentalz holds no liability to you for any lost potential sales on that beat, and you agree to cooperate in resolving any disputes (for example, proving your ownership).

Producer Earnings: As detailed in Revenue Participation, you will earn a share of each sale of your beats. Instrumentalz will account for and pay those earnings to you. You acknowledge that Instrumentalz’s posted customer prices already factor in Instrumentalz’s share and any taxes; your payout share is based on the net as per our arrangement. Instrumentalz is not required to reveal to you the exact details of every fee or tax beyond giving you the net sales report. You trust Instrumentalz to calculate payouts fairly. If you have concerns, you can raise them and we will in good faith address any potential errors.

Pricing and Promotion: Instrumentalz typically sets the final retail prices of licenses on the platform, often in consultation with Producers or based on common tiers. We may also run promotions (like discount sales, coupon codes, bulk deals to customers such as “buy 2 get 1 free”). By participating, you allow us the discretion to price and promote your beats within reasonable industry norms. For example, we might put all beats on a 10% off sale for a holiday – your revenue share would then apply to that discounted price. We won’t drastically discount or bundle your beats in a way that devalues your work without your consent, but moderate promotional pricing may be used to attract more sales (which benefits you as well). If you have a specific pricing concern, communicate it to us. We want to ensure producers are comfortable while also being competitive in the market.

Customer License Terms: You agree that all licenses to Customers for your beats will be bound by the standard Licensing Terms, Rights Granted, and Restrictions described in these Terms of Service. You authorize Instrumentalz to enter into those license agreements with Customers on your behalf. You also agree to honor all such licenses sold. For instance, if a Customer properly buys a Pro Unlimited License to your beat, you acknowledge they have certain rights (like unlimited distribution, etc.) and you will not interfere with or disrupt those rights. If you later sell exclusive rights to that beat outside Instrumentalz, it will be your responsibility to ensure that the exclusive buyer honors the existing non- exclusive licenses (since those were validly granted prior). You cannot retroactively revoke a Customer’s license. In short, licenses sold are licenses kept.

Copyright Infringement & Indemnity: If you violate our rule against infringing content (e.g., you uploaded a beat containing an uncleared sample or a melody you didn’t create), and Instrumentalz or the Customer of your beat faces a claim or lawsuit as a result, you (the Producer) agree to indemnify andholdInstrumentalzandtheCustomerharmlessfromanysuchclaims,losses,ordamages 15 . You will be responsible for all costs, including potential legal fees, arising from your breach of your warranties. Instrumentalz Inc. (our company) holds no liability for copyright infringement or any unlawful activities carried out by members on our site 15 ; that responsibility falls on the user who caused it. If a claim arises, Instrumentalz may withhold your earnings or require you to cover costs associated with resolving the claim. In serious cases, we may seek compensation from you for any damages we incur due to your infringing content.

Repeat Infringement Policy (Producers): Instrumentalz is committed to protecting IP rights. If you are subject to multiple legitimate takedown notices or infringement complaints, we reserve the right to terminate your account and remove all your content (see Takedown Procedures and Termination). We adhere to a “three-strike” style policy for repeat infringers 16 – e.g., three valid DMCA takedowns could mean termination without further notice. We prefer never to reach that point; please only upload content you have rights to.

Producer Conduct: Aside from IP issues, you must also abide by general conduct rules. Do not upload malicious files, do not engage in fraudulent purchase of your own beats to inflate numbers, do not harass other producers or customers, and do not use any Instrumentalz tools (like messaging, if available) for anything other than professional communication. Maintain a level of professionalism; this platform reflects on all producers involved.

Platform Exclusivity & Non-Circumvention: While we do not require exclusivity of your beats, we do impose a non-circumvention rule. If Instrumentalz introduces you to a Customer (for example, someone finds your beat on our platform), you should not complete that transaction off-platform to avoid our fees. For instance, if a customer contacts you saying “I want to buy directly to avoid fees,” you must decline. All leads generated through Instrumentalz should result in sales through Instrumentalz. This ensures we can sustain the marketplace. If we discover circumvention, we may remove you from the platform and pursue any fees owed. This doesn’t stop you from selling your beats elsewhere independently; it just means don’t use Instrumentalz as a free advertising platform to then funnel buyers away.

No Obligation to Upload: We, the Instrumentalz team, often handle uploading beats on behalf of producers (per the model described). If you are sending us beats to manage, we will do our best to present them well (title, tag, etc.). However, we do not have an obligation to accept every beat. We might curate content for quality or style consistency. There’s no guarantee of sales; success can vary. We don’t charge you to list, but we also don’t promise specific results.

Relationship: Nothing in these Producer Terms creates an employment, agency (except for the limited agency to license to customers), partnership, or joint venture relationship between you and Instrumentalz. You are an independent contractor/content provider. You are responsible for your own business operations, licenses, taxes, and expenses. You cannot make statements on behalf of Instrumentalz outside of your content (e.g., don’t publicly claim you are Instrumentalz or a representative thereof; you’re a user of our platform).

Removal of Content and Termination: You have the right to request removal of your beats from the Platform at any time (for instance, if you decide to sell exclusive rights elsewhere or just no longer want to license a particular track). We will comply and take down the content within a reasonable time. However, as noted, any licenses already sold remain valid and you must honor them. We also reserve the right to remove your content or terminate your producer account for violation of these Terms or any reason with or without notice (see Termination). If termination is due to your breach (like infringement or fraud), you may forfeit any unpaid earnings (we may use them to satisfy claims or refund customers if necessary). If termination is voluntary or due to discontinuation of the platform, we will pay out any owed earnings to you.

In summary, these Producer Terms ensure that you, as a Producer, provide content you have rights to, allow us to sell it on your behalf, and get paid your share. We both commit to respecting Customer rights that are sold, and to handling things like infringement responsibly. Our mutual goal is to sell your beats to happy customers and earn revenue together in a fair, professional manner. If you follow the rules and create great music, we’ll handle the heavy lifting of sales and you can reap the rewards.

Copyright and Intellectual Property Policy

Instrumentalz respects intellectual property rights and expects all users (both Producers and Customers) to do the same. This section describes our policies for protecting copyrights, trademarks, and other IP on the Platform:

Instrumentalz Content Ownership: Unless otherwise indicated, all content on the Platform (excluding user-uploaded beats and content) is owned by Instrumentalz or its licensors and is protected by copyright, trademark, and other intellectual property laws. This includes the website’s design, text, graphics, logos, icons, images, compilations of content, and software code. Instrumentalz owns the copyright in the selection, compilation, assembly, arrangement, and enhancement of the content on the service 17 . You are granted a limited license to access and use the Platform and its content for its intended purpose (e.g., previewing beats, purchasing licenses) but you do not acquire any ownership rights. You may not reproduce, distribute, publicly display, or create derivative works of our site content (like images or text) without our express permission, except as allowed under law (e.g., brief quotations under fair use). The Instrumentalz name, logo, and any slogans are trademarks of our team. You are not permitted to use these trademarks without our prior written consent, except to credit or truthfully refer to Instrumentalz (e.g., “my beats are available on Instrumentalz.com”).

Producer Content Ownership: Producers retain ownership of the beats and any content they provide. Instrumentalz does not claim ownership of your musical works; instead, by uploading, you license it to us for the platform’s operation (as described in Producer Terms). All beats are the intellectual property of the respective Producers. However, by using the Platform, Producers have given Instrumentalz the right to facilitate licenses of those beats to Customers. Customers, by purchasing a license, do not become owners of the beat – they get usage rights as per the license. All rights in the beats not expressly granted to a Customer remain with the Producer. BeatStars.com explicitly notes that they do not own the musical compositions or sound recordings posted by third parties 18 , and similarly, Instrumentalz does not take ownership of your music.

Prohibition on Infringement: It is strictly forbidden to use Instrumentalz to infringe intellectual property rights. Any sampling or use of another person’s copyrighted material without permission is strictly prohibited on our Platform 10 . Producers must not upload beats that contain uncleared samples, loops, or melodies from other songs unless they have a license or it’s genuinely royalty-free. Customers must not misuse purchased beats in unauthorized ways (e.g., using a beat in a film without proper license, or using an Instrumentalz beat as part of a new beat for sale, etc.). Also, do not upload any content (like profile pictures or texts) that infringe someone’s trademark or copyright. If you see any content that you believe infringes your IP, please follow our Takedown Procedures below.

DMCA Compliance: Instrumentalz complies with the U.S. Digital Millennium Copyright Act (DMCA) and similar laws. We have a policy to respond expeditiously to copyright owners who notify us of alleged infringement 19 . In accordance with the DMCA (17 U.S.C. § 512), we have designated a Copyright Agent (see Takedown Procedures for contact info) to receive notices of claimed infringement on the Platform. We will remove or disable access to any content that is found to infringe upon another’s copyright (upon proper notification) and we will follow the DMCA’s prescribed procedures for addressing counter-notifications by the alleged infringer.

Repeat Infringer Policy: As mentioned, under the DMCA and our own policy, Instrumentalz will terminate, in appropriate circumstances, users (particularly Producers) who are repeat infringers. We operate a “3-strikes” system as guidance – e.g., three valid infringement notices against a user can lead to termination 16 . However, we reserve the right to terminate a user after a single egregious violation if warranted. We also reserve the right to terminate or suspend any account for other unlawful activity beyond copyright (such as trademark infringement, fraud, etc.).

No Liability for User Conduct: Instrumentalz (including its owners, employees, and agents) is not liable for any unlawful content or activities by users on our Platform, including copyright infringement by members or visitors 15 . We serve as a marketplace intermediary. If a Producer uploads an infringing beat or a Customer uses a beat in an illegal way, the responsible party is that user, not Instrumentalz. That said, we are committed to enforcing these Terms and the law—if we discover violations, we will act to correct them (remove content, ban users, etc.). But we cannot guarantee that all user content is vetted or safe; by using the Platform, you acknowledge that content is provided by independent third parties and may be inaccurate or infringing, and you use it at your own risk subject to the safeguards we have in place.

Trademarks: If you believe that any content on Instrumentalz is infringing upon your trademark (e.g., a Producer using your brand name without permission in their listings) or other intellectual property (like someone distributing your logo or likeness), you can notify us similarly to a copyright notice. While trademarks are not covered by the DMCA, we will review and address legitimate trademark complaints as well. For example, if a Producer named their beat with someone’s trademark in a misleading way, we might remove or rename it to avoid confusion.

User Cooperation: Users (both Producers and Customers) agree to cooperate with Instrumentalz in any investigation into alleged infringement. If we contact you for additional information or to verify rights, you should respond promptly. For example, if a Producer’s beat is hit with a DMCA notice and they believe it’s a mistake, the Producer should provide evidence of their rights (like project files, proof of original creation, or license for a sample) so we can file a counter-notice or otherwise resolve the issue.

Content Removal Requests: Aside from formal legal notices, if you as a rights owner simply want your material removed (say you found your song being used without proper license in a demo or something on our site), you can email us and we’ll attempt to resolve the issue amicably. DMCA is the formal route, but we understand sometimes communication can solve things without filing official notices.

Third-Party Links: If our Platform ever contains links to third-party websites or content (e.g., a blog or social media), those are for convenience. We don’t have control over outside content and aren’t responsible for it. You should respect others’ IP on those platforms as well.

Copyright Infringement Policy Notice: We may provide more detail on our site (like a help center article) about our copyright policy. By reference, those details (if any) are part of these Terms. (BeatStars, for example, had a section F in their Terms or a separate page for Copyright Complaint procedure 19 – we likewise have our Takedown Procedures below.)

In summary, Instrumentalz does not tolerate IP infringement. Users who upload content must own it, and users who use content must respect the license. We will promptly remove infringing content once notified and will ban repeat offenders 19 . By using the Platform, you agree to respect all intellectual property rights and you accept the process by which we handle IP disputes as outlined in the next section.

Takedown Procedures (DMCA Notification and Counter- Notification)

If you believe that any content on Instrumentalz infringes your copyright, or if you as a Producer find your content has been used improperly on the Platform, you should follow these procedures to have the content removed or reinstated, consistent with the DMCA and other applicable laws:

Filing a Copyright Infringement Notice (DMCA Notice)

If you are a copyright owner (or an agent of one) and believe that any beat or other content on our Platform infringes your copyright, you may submit a notification under the DMCA to our designated Copyright Agent. Your DMCA takedown notice must be in writing and include the following information (as required by 17 U.S.C. § 512(c)(3)):

Identification of the copyrighted work claimed to be infringed: Provide a description of the copyrighted work that you claim has been infringed. If it’s a specific song or composition, name it; if it’s an album or a larger work, list what part is infringed. If multiple works are infringed, you can provide a representative list.
Identification of the material that is claimed to be infringing: Identify the material on our Platform that you claim is infringing your copyright, with enough detail for us to locate it. The best way is to include the specific URL(s) of the beat or page where the material appears. For example, include the Instrumentalz link to the beat in question.
Contact information of the complaining party: Include your full legal name, mailing address, telephone number, and email address. (Note: Per the DMCA, this information will be forwarded to the alleged infringer, i.e., the user who posted the content, so they may contact you or respond.)
A statement of good faith: Include a statement such as: “I have a good faith belief that the use of the copyrighted material described above, in the manner complained of, is not authorized by the copyright owner, its agent, or the law.”
A statement of accuracy and authority: Include a statement such as: “The information in this notification is accurate, and under penalty of perjury, I am the owner (or an agent authorized to act on behalf of the owner) of the copyright that is allegedly infringed.”
Electronic or physical signature: Include a physical or electronic signature of the copyright owner or the person authorized to act on the owner’s behalf. This can be as simple as typing your full name at the end of the notice if sent via email (that counts as an electronic signature), or a scanned signature.

Once you have compiled the above information, send the written notice to our designated Copyright Agent at the following contact:

Designated Copyright Agent:

Attn: DMCA Agent – Instrumentalz
Email: contact@instrumentalz.com
Address: Instrumentalz Legal Department, [123 Example Street, Cologne, Germany] (if physical mail is needed)
Telephone: [+49-1234-5678] (for any necessary voice contact, though email is preferred)

(The above contact info is provided to meet DMCA requirements. Email is the quickest method to reach us regarding copyright issues.)

Upon receipt of a valid DMCA notice, Instrumentalz will:

Promptly acknowledge receipt (if sent via email, we typically reply confirming receipt).
Review the notice for completeness. If anything is missing, we may reach back out for
clarification.
If valid, expeditiously remove or disable access to the allegedly infringing material (for example,
take down the beat from public view).
Notify the user (Producer) who posted the content that we have removed it due to a DMCA
complaint, providing them with a copy of your notice (which includes your contact info, per the DMCA). We’ll also inform them about their right to submit a counter-notification.
We aim to handle these steps swiftly – usually within a few business days or faster if possible.
Knowingly False Claims: Please be aware that filing a false DMCA notice (claiming infringement where there is none, or misrepresenting your rights) can have legal consequences. You could be liable for damages, including costs and attorneys’ fees, incurred by any party if you knowingly make a material misrepresentation in a notice (17 U.S.C. § 512(f)). So, do not claim someone copied your work if, for example, it’s actually your friend’s beat and you have no rights, or if it’s a coincidental similarity, etc. Use DMCA only for genuine infringement.
Filing a Counter-Notification (for Alleged Infringers)
If you are a user (e.g., a Producer) who has received a notification that your content was removed due to a DMCA notice, and you believe that your content was wrongly removed (for example, because you have the right to use that content, or it’s a case of mistaken identity of the work), you may file a DMCA counter-notice to have your content reinstated.
A valid counter-notification must be a written communication that includes the following (per 17 U.S.C. § 512(g)(3)):
1. Identification of the material removed: Specify the content that was removed and the location where it appeared before removal. The easiest way is to reference the beat name and the URL where it was (if you have that, maybe from the takedown notice you received).
2. A statement under penalty of perjury of good faith belief: State: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.” This means you’re asserting that you believe the takedown was incorrect.

Your contact information: Your name, address, and telephone number.
Consent to jurisdiction: If your address is in the United States, you must consent to the jurisdiction of the Federal District Court for the judicial district where your address is located. If you are outside of the United States, you must consent to the jurisdiction of the Federal District Court in the district where we are located (which, if our agent address is in Germany, the DMCA technically is a US law, but typically one would consent to a court in the U.S., e.g., “the United States District Court for the Southern District of New York” or another relevant jurisdiction – since Instrumentalz is EU-based, this is a bit of a legal quirk, but to follow DMCA formally, you’d consent to US jurisdiction). For example, you can write: “I consent to the jurisdiction of the Federal District Court [appropriate court] and I will accept service of process from the person who provided the DMCA notification or an agent of such person.”

5. Electronic or physical signature: Sign the counter-notice (again, typing your name suffices as an electronic signature if by email).

Send the counter-notification to the same Designated Copyright Agent at copyright@instrumentalz.com (or via mail to the address above).

Once we receive a valid counter-notice, we will:

• Forward a copy of the counter-notice to the original complaining party (the one who filed the DMCA against you).

• Inform them that we will replace the removed content or cease disabling access to it in 10 business days unless we receive notice that they have filed a court action seeking an order to restrain you from infringing (essentially, that they’ve taken legal action).

So basically, after sending the counter, there is a waiting period: – If the original complainant does not notify us within 10 business days that they have filed a lawsuit, we are allowed (by DMCA) to restore the removed content. We typically do restore the content between day 10-14 after counter-notice, assuming no further legal action. – If the original complainant does inform us of a court action within that period, we will keep the content down, and you will have to address the matter in court.

Important: Only submit a counter-notice if you are certain you have the right to post the content and that it was wrongly removed. For example, you have a license or the content is your original creation. If you knowingly submit a false counter-notice, you could face perjury charges or liability similar to a false DMCA claim.

Repeat Offenders and Termination: Note that even if you file a counter-notice, if we have received multiple notices against you, we may still choose to disable your account or remove all content pending resolution. We consider counter-notices in evaluating our repeat infringer policy. If your counter is successful (content restored), the strike may be cleared. If it turns out to be actually infringing after all (complainant took action), then it stands.

Other IP Issues: For trademarks or other IP disputes not covered by DMCA (like someone using your name or artwork), you should send us a detailed notice with similar info: identification of the offending material, proof of your rights (e.g., registration of trademark), and an explanation. We will review and take appropriate action. While the DMCA’s safe harbor specifically covers copyright, we similarly want to address trademark issues to avoid consumer confusion or unfair use of someone’s brand on our platform.

Transparency: Instrumentalz may keep a record of DMCA notices and counter-notices. In some cases, we might share a redacted version of these notices with organizations that track copyright claims (such as LumenDatabase.org) unless you request confidentiality. (Lumen is a database where many DMCA notices are archived for research and transparency; personal info is typically removed.)

Good Faith: We ask all parties to act in good faith. The DMCA process is legal and sometimes adversarial, but often issues can be resolved by communication. If appropriate, we might facilitate contact between a complainant and a user to see if there’s a misunderstanding that can be cleared up without formalities.

By following these Takedown Procedures, Instrumentalz stays compliant with U.S. DMCA safe harbor provisions and applicable EU directives regarding notice and action for unlawful content. We aim to balance the rights of copyright owners and the rights of users who may have been wrongly accused.

Limitation of Liability

Use at Your Own Risk: Your use of the Instrumentalz Platform and any content obtained through it (including beats) is at your own sole risk. While we strive to provide a secure and reliable service, the Platform is provided “as is” and we cannot guarantee it will be perfect (see Disclaimers below). Instrumentalz and its affiliates, and their respective employees, officers, directors, agents, and partners (collectively, the “Instrumentalz Parties”), shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with your use of the Platform or these Terms, even if advised of the possibility of such damages.

This means that, to the maximum extent permitted by law, we are not responsible for losses that were not directly caused by our breach or that fall into categories like loss of profit, loss of data, loss of goodwill, business interruption, or other intangible losses.

Total Liability Cap: In all cases, the total aggregate liability of Instrumentalz Parties for any claim arising out of or relating to these Terms or the use of the Platform (whether in contract, tort, or otherwise) is limited to the amount you paid to Instrumentalz in the 12 months preceding the event giving rise to liability (or, if no purchase is involved, then a maximum of €100 EUR). For example, if you are a Customer and you paid $30 for a license, and something in connection with that transaction leads to our liability, our liability would be capped at $30 (the amount you paid). If you are a Producer and some issue arises, our liability to you is also limited to what we owe you or have paid you. This cap is a fundamental part of the bargain between you and us – we’re a platform operating with many users, and we cannot accept unlimited liability.

No Liability for Certain Issues: Specifically, without limiting the generality of the above, Instrumentalz and related parties are not liable for:

User Conduct & Content: Any harm or loss resulting from content posted by users (Producers or Customers) on the Platform or their conduct. For instance, if a Producer posts an infringing beat and it causes legal issues, or if a Customer uses a beat in a way that harms someone, Instrumentalz is not responsible for those actions 15 . Users are solely responsible for what they upload or do on the Platform.
Technical Failures: Any damages arising from technical issues such as inability to access the site, server downtime, bugs, viruses, or other errors. We do not guarantee that the Platform will be uninterrupted or error-free 21 , and we won’t be liable for consequences of interruptions or errors (like loss of expected sales, etc.).
Data Loss: Loss or damage to your data or recordings. For example, if a beat file gets corrupted from our server (we would provide a new copy, but we aren’t liable for any loss in your project if it caused delays, etc.), or if your account info or content gets lost due to a database issue.
Unauthorized Access: Any unauthorized access to or use of our servers and/or any personal or financial information stored therein. We implement security, but if a third party evades those measures and accesses data, we are not guaranteeing against all breaches.
Third-Party Platforms: If you download a beat and something goes wrong when using it with third-party software/hardware (like your DAW crashes, or the file isn’t compatible with your system), that’s not on Instrumentalz. Also, any third-party links or services (like payment processors) – their actions or downtime are not under our liability.
Force Majeure Events: Any issues resulting from events beyond our reasonable control, such as internet outages, server providers going down, power failures, strikes, pandemics, or acts of God (earthquakes, floods, war). If such events cause the Platform to be unavailable or transactions to fail, we aren’t liable for resulting damages.

• Typographical Errors: Any typos or errors on the Platform (for instance, an incorrect price listing – if we notice, we might cancel a sale or correct it, but any confusion or inconvenience caused by obvious errors is not a basis for liability).

• Special Damages: Any indirect or special harm like your loss of future business, opportunities, or how the use or inability to use the beat might affect your career. These are too speculative and are excluded.

Release and Indemnity: By using the Platform, you agree to release and hold harmless Instrumentalz Parties from any and all claims, demands, losses, or damages (actual and consequential) of every kind and nature arising out of or in any way connected with any dispute between you and any other user of the Platform. For example, if you have a dispute with a Producer about the quality of a beat, or a dispute with a Customer about how they used your beat, you release us from any claims, damages related to that. If a third-party sues you for something you did on the Platform (like copyright infringement because you uploaded something), you can’t seek to hold Instrumentalz responsible for that third-party claim.

In addition, you agree to defend, indemnify, and hold Instrumentalz Parties harmless from any claim or demand (including reasonable attorneys’ fees) made by any third party due to or arising out of your breach of these Terms, your misuse of the Platform, your violation of any law or third-party rights, or your content. This essentially means if your actions cause us to be sued or incur costs, you’ll step in to protect us and cover those costs.

Limitations by Law: Some jurisdictions do not allow the exclusion of certain warranties or the limitation/exclusion of liability for certain types of damages. Nothing in these Terms shall exclude or limit liability that cannot be excluded or limited by applicable law (for example, liability for death or personal injury caused by negligence, or liability for our fraud or fraudulent misrepresentation, or any consumer rights under law that cannot be waived). If you are in such a jurisdiction, the above limitations will apply to you only to the extent permitted by law. Specifically, if applicable law prevents us from disclaiming certain warranties or limiting certain liabilities, we will abide by that law and the relevant provisions of these Terms shall be interpreted to best effect to fulfill our intent within the bounds of the law. Some jurisdictions do not allow the disclaimer of certain warranties or the exclusion of certain damages, so some of the above may not apply to you and nothing herein is meant to go beyond what the law allows 25 .

Time Limit on Claims: You agree that any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose, or be forever barred. (This does not apply to intellectual property claims by Instrumentalz or in cases where a statute of limitations is strictly longer by law.)

No Class or Representative Actions (if applicable): (If we were to include – depending on jurisdiction – we might say you can only bring claims in your individual capacity, not as a plaintiff or class member in any purported class or representative proceeding. However, class action waivers can be unenforceable in some places, so if we include any, we note it’s subject to law.)

In essence, under this Limitation of Liability section, we are making clear that Instrumentalz’s legal exposure to users is very limited. We want you to succeed and enjoy the service, but if something goes wrong, the remedies are limited to perhaps getting what you paid for (or a refund at most), and not huge damages. This allocation of risk is reflected in the pricing of our services (most of which are low- cost transactions) 25 . Please also see Disclaimers below for related warranty limitations that tie into this.

Disclaimers

“As Is” and “As Available”: Instrumentalz provides the Platform, including all beats, content, software, and services, on an “as is” and “as available” basis. To the fullest extent permitted by law, Instrumentalz disclaims all warranties, express, implied, or statutory, regarding the Platform and content. This includes, but is not limited to, any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties that might arise from course of dealing or course of performance. We make no representations or warranties that the Platform will meet your requirements, achieve any intended results, be compatible or work with any other software, systems or services, operate without interruption, be secure or free of errors, or that any defects can or will be corrected.

No Guarantee of Outcomes: Instrumentalz does not guarantee any results from using the Platform. For Customers: we do not guarantee that any particular beat will fit your needs or bring you commercial success. For Producers: we do not guarantee that your beats will sell or that you will make a certain amount of money. All users: we do not guarantee you will find what you’re looking for, or that other users will behave in a certain way. Any success or failure is largely in your, or the market’s, hands.

Content Accuracy: While we strive for accuracy in beat descriptions, metadata, availability, pricing, and other content, Instrumentalz does not warrant that any content on the Platform is accurate, complete, reliable, current, or error-free. There may be occasional mistakes (typos, mislabeling of a genre, etc.). We will try to correct known errors, but you use the information at your own risk. Preview beats carefully; we provide those so you can judge a beat on its actual sound, not just our description.

System Availability: Instrumentalz does not warrant that the Platform will be continuously available or free of technical issues. We disclaim any warranty that the operation of the Platform will be uninterrupted or error-free. There may be maintenance periods, downtimes, or unforeseen technical problems. We do not guarantee the Platform will be available at any particular time or location, or that it’s immune to cyber-attacks or hacks (though we take security seriously).

Security and Virus Disclaimer: We have implemented security measures, but we do not warrant that the Platform is free of viruses, worms, or other harmful components. You are responsible for using up- to-date antivirus software on your devices. Downloading any content from the Platform is at your own discretion and risk; you will be solely responsible for any damage to your device or data loss that results from downloading or using any such content.

Third-Party Services: If we integrate or link to any third-party services (payment processors, social media, etc.), we make no warranties regarding those services. They are outside our control. Use them at your own risk and pursuant to their terms.

Professional Advice: Any information (for example, a blog post with tips, or support advice) obtained from Instrumentalz or through the Platform is for general informational purposes only and is not intended as legal, accounting, or other professional advice. For instance, any suggestion about how to use a beat or license a track is general – if you need specific legal advice about a music contract, you should consult an attorney.

No Warranty for Content: Instrumentalz does not guarantee the quality or legality of any content provided by users. For example, we cannot fully guarantee that every beat on the Platform is actually owned by the Producer who uploaded it, though we enforce policies to that effect. Similarly, we cannot guarantee a beat will be free of any melodic similarity to another track by coincidence. We provide a marketplace, but the content is largely user-supplied on trust of their warranties. If a problem is found (infringement, etc.), we act on it via our policies, but until then, the content is provided “as is” by the Producer. Customers should use the content within the bounds of the license, but if a hidden issue arises (like a sample that wasn’t cleared that Producer misrepresented), our warranties are disclaimed and the matter would be addressed as per indemnities and takedowns (we’d help facilitate remedy, but not under a “warranty”).

Jurisdictional Note: In some jurisdictions, consumers have certain statutory rights (for example, in the EU, there are statutory guarantees for digital content under some circumstances). Nothing in these Terms is meant to override those mandatory rights. If you are a consumer entitled to certain warranties under law, then to the extent such warranties cannot be disclaimed or altered by contract, our disclaimers apply only to the extent allowed. However, in many cases of pure marketplace facilitation, broad disclaimers are permitted and we assert them to the maximum extent.

Beta Services: If any feature is launched in beta or test mode, it will likely come with additional disclaimers. Use beta features at your own risk; they are likely not fully tested and may have bugs.

Reliance on Information: Any decision or action taken by you based on information or content on the Platform is your responsibility. Instrumentalz will not be liable for any consequences if you rely on any information obtained through the Platform (for instance, if you decide to invest in a music project thinking a beat is exclusive when it’s not, because you mis-read something – always confirm license details).

Acknowledgment: You acknowledge that you have read these disclaimers, understand them, and agree that these disclaimers are a fair allocation of risk and part of the bargain between you and Instrumentalz. The prices and fees on Instrumentalz would be different (likely higher) if we had to accept more risk or offer more guarantees. As such, you accept that the Platform is made available without extensive warranties and you accept the Platform’s limitations.

In conclusion, Instrumentalz provides the service as is, with no guarantees 26 27 . We do our best to facilitate a great experience, but we don’t want to be on the hook for things outside our control or for the inherent uncertainties in digital content commerce. These disclaimers work hand-in-hand with the Limitation of Liability above 28 : first we make no promises we can’t keep, and second, even if something goes wrong, our liability is limited.

Termination

By Instrumentalz: We reserve the right to terminate or suspend your access to the Platform (including your account, if you have one) at any time, for any reason, and without prior notice. This means we can deactivate your account or block your use of our services if we, in our sole discretion, determine that you have violated these Terms or any applicable law, or if we decide to discontinue the Platform or any part of it. We may also terminate accounts that have been inactive for an extended period, or in response to user requests (e.g., if a Producer wants to close their account).

Grounds for termination may include (but are not limited to): breach of these Terms (e.g., copyright infringement, as per our repeat infringer policy, fraud, harassment of others, circumvention attempts, etc.), failure to pay any fees owed (if any), requests by law enforcement, or unexpected technical or security issues.

If your account is terminated or suspended, you will lose access to any parts of the Platform that require login, including any data or content associated with your account (though see below on licenses and content survivals). We may delete your profile and any content or information that you have posted (although we reserve the right to keep backups for legal/archive purposes). You have no expectation of continued service.

By You: You may terminate your own account or stop using the Platform at any time. If you wish to delete your account, you can typically do so in your account settings or by contacting us. Termination by you means you will no longer access the Platform services. Keep in mind that simply deleting your account will not automatically void licenses you have purchased or granted – see below.

Effect on Licenses (Customers): If a Customer’s account is terminated (by them or us), any purchased beat licenses remain in effect for their stated term. For example, if you bought a Pro Unlimited license and later your account is terminated, you still retain the rights under that license to use the beat in your song as agreed, since that is a contract you entered into at purchase. However, you will lose access to any files stored in your account on Instrumentalz, so make sure you have downloaded and saved all your purchased content before any account closure. If termination was due to your breach (for instance, you materially violated the license terms), Instrumentalz (on behalf of the Producer) may consider your license forfeit – in such case, we would notify you that your rights to use particular content are revoked due to breach. Generally, though, termination of a user account does not retroactively cancel legitimate licenses acquired while in good standing.

Effect on Content (Producers): If a Producer’s account is terminated or a Producer voluntarily leaves, Instrumentalz will remove their beats from new sale availability. However, any licenses already sold to Customers remain valid and the Producer must honor those. Instrumentalz might retain some info about those beats to inform existing license holders (for instance, keeping the beat’s title and contract available to the purchaser). If termination was for cause (like infringement), we might also inform affected Customers if their licenses are impacted (e.g., if a beat is found infringing and removed, we may let buyers know they should stop using it). The Producer, upon termination (especially for cause), loses any claim to unpaid earnings that were accrued illicitly or are needed to refund customers. If any are owed legitimately, we will usually pay them out (except in fraud or infringement cases where those funds might be needed for legal matters).

Survival of Terms: Certain provisions of these Terms survive termination of your account or your use of the Platform. All provisions which by their nature should survive termination shall survive, including but not limited to: ownership provisions, licenses granted to Customers (which remain in effect for their term), indemnities, disclaimers of warranties, limitations of liability, governing law, and dispute resolution. For example, if you leave the platform, our rights to use feedback you gave (if any) survive, any licenses you granted to us or others survive as noted, your indemnification obligation for your activities survives, etc. Also, if any disputes arose, the terms about how to handle disputes (e.g., arbitration clause, if there was one, or forum selection) still apply.

No Refund upon Termination: As noted in the Refund Policy, if we terminate you for violating terms, you will not receive any refund for purchases or subscriptions (if any) that you’ve paid 14 . If we terminate without cause (e.g., we decide to shut down the Platform entirely), we might consider refunds for recent purchases that can no longer be used, but generally in a platform shutdown, licenses already delivered would remain usable offline by customers, so refunds may not be necessary except for perhaps pre-paid services. In any case, our liability for termination is limited as per earlier sections.

Discontinuation of Service: We reserve the right to discontinue the Platform or any portion thereof at any time, temporarily or permanently. If we do so permanently, we will attempt to give notice (e.g., an announcement on the website or email to users) so you can download any content or finish any transactions. Instrumentalz is not liable to you or any third party for any modification, suspension, or discontinuation of the Platform.

Upon termination, you must cease all use of the Platform and refrain from any further attempt to access it. If you were terminated for violating these Terms, you are prohibited from creating a new account or seeking to access the Platform through another user’s account.

Appeal: If you believe your account was terminated or suspended in error, you may contact us to request a review. We will review at our discretion, and our decision will be final. We are not obligated to restore accounts terminated for cause.

Data Retention: Following termination, Instrumentalz may retain certain information as required by law or for legitimate business purposes (e.g., records of transactions for accounting, logs for security, etc.), but such info will remain subject to our Privacy Policy and applicable laws.

We hope not to reach termination situations often, as our goal is to provide a positive space for all. But these clauses are necessary to protect the community and our interests.

Governing Law

These Terms of Service and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of Germany, without giving effect to any conflict of law principles. We choose German law given our operations under German/EU jurisdiction, and to ensure a consistent legal framework.

If you are a consumer residing in the European Union, you may have certain mandatory rights under the laws of your country of residence. Nothing in this Governing Law section will deprive you of any consumer protections afforded to you by such mandatory laws. For instance, if you live in France, you might have certain rights even if German law is stated; those rights are not waived.

Jurisdiction and Venue: You and Instrumentalz agree that the courts of Germany, and specifically the competent courts in the city of Cologne, Germany (if we insert a city for specificity), shall have exclusive jurisdiction to settle any dispute or claim (except as provided in any arbitration clause, if we had one). You consent to the personal jurisdiction of such courts. If you are a business user, you agree to Cologne courts exclusively. If you are a consumer, we will not prevent you from invoking any rights to bring claims in your home country’s courts if mandatorily allowed, but by default you also agree to the German courts unless law says otherwise.

Alternative Dispute Resolution: (If applicable and if we decide to mention) – For EU consumers, the EU provides an Online Dispute Resolution platform (ODR). We are not obligated to use it but we can provide a link for information. We are not part of any specific ADR scheme unless required by law.

Class Action / Jury Trial (if applicable): If permitted by law in your jurisdiction, you and Instrumentalz agree to waive any right to a trial by jury or to participate in a class action. (This may not be enforceable in all areas, particularly with consumers, so we mention it cautiously. In Germany, class actions as in US form don’t exist exactly; and jury trial is not a thing in civil cases, so likely irrelevant. This is more relevant to a US context.)

United Nations CISG: The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply to these Terms. (We exclude it as a standard practice, because CISG normally covers sale of goods international – we clarify we don’t want it applying to digital goods licensing.)

Government Use: If by some chance a government entity is using our platform, those users also subject to commercial item terms etc… (likely not needed here).

Languages: These Terms may be available in multiple languages. The English version (or perhaps a German version) might be the authoritative one. Since this doc is in English, we can state English is controlling. If a translated version conflicts, the English/official version prevails.

To summarize: the law of Germany rules these Terms, but local consumer law still matters. Disputes will be handled in German courts (Cologne) typically, unless overridden by consumer rights. We want consistency and predictability in law application, thus this clause.

Modifications to Terms

Instrumentalz may revise or update these Terms of Service from time to time. We reserve the right to modify, amend, or restate these Terms at our sole discretion 2 . If we make material changes, we will make reasonable efforts to notify you of such changes, for example by updating the “Effective Date” at the top of the Terms, and/or by sending an email to the address associated with your account, and/or by providing a notice on the Platform (such as a pop-up or banner) 2 .

It is your responsibility to periodically review these Terms for any changes. However, as a courtesy, we will aim to highlight major changes for active users. If you continue to use the Platform after the effective date of the updated Terms, that continued use will constitute your acceptance of the revised Terms 4 .

If you do not agree to the new or modified Terms, you must stop using the Platform and (if applicable) cancel any accounts or services. In such a case, you may request in writing for us to delete your account if you have one (and we will handle that in accordance with our data policies).

Scope of Changes: Changes to the Terms could include, but are not limited to, alterations in our licensing structure, fees, payment procedures, policies on content, or legal provisions like arbitration or governing law. We may also update terms to comply with new legal requirements or to reflect changes in our business practices.

Immediate Changes: Some changes might be put into effect immediately without advance notice if required by law or relating to new features or enhancements that do not materially reduce your rights.

Posting of Terms: The latest version of the Terms will always be posted on our website (likely accessible via a “Terms of Service” link). We will update the “Effective Date” when we do so. For significant changes, we might also include a summary of updates or FAQ for clarity.

Historical Versions: If you need to see a prior version of the Terms, you can contact us. We maintain an archive of previous versions (or track changes) to be able to clarify which terms applied at a given time. (Though, generally, the current Terms supersede older ones for ongoing use, except for issues arising under a previous version might be judged by that version’s terms if fairness dictates.)

No Retroactive Changes: Material changes typically will not apply retroactively to events that occurred before the change (e.g., a dispute that arose under an old version of Terms might be governed by that old version). They will apply moving forward. However, procedural or clarifying changes may apply to ongoing issues.

Severability and Waiver: If any modification is found invalid or unenforceable, that does not affect the remainder of the Terms. And if you or we fail to enforce some part of the Terms at any time, that’s not a waiver of our right to do so later.

In short, Instrumentalz can update these Terms, and by continuing to use the service, you accept those updates 4 . We’ll do our best to inform you, but it’s also good for you to stay informed by reviewing the Terms periodically.

Contact Information

If you have any questions, concerns, or comments about these Terms of Service or any other policies of Instrumentalz, or if you need to provide any notice under these Terms, please feel free to contact us:

• Email (General Support & Inquiries): support@instrumentalz.com
This is our primary email for user inquiries regarding accounts, purchases, or clarifications about these Terms. We strive to respond to support emails within 1-2 business days.

• Email (Copyright/Legal Issues): copyright@instrumentalz.com
Use this email to reach our designated DMCA Agent or to address any legal notices (as described in the Takedown Procedures section). Only copyright and legal notifications should be sent here; other requests will be forwarded to general support.

• Postal Address: Instrumentalz (Legal Department) 123 Example Street,
50667 Cologne,
Germany.

(The above address is provided for formal correspondence. You may send legal notices, or other formal communications here. Note that postal mail will have longer response times.)

• Business Hours: Our team generally operates Monday through Friday, 9am – 6pm Central European Time (CET), excluding major holidays. Support emails are monitored during these times.

• Contact Person: If addressing a specific issue, you may direct it to [Name], our head of customer support, or [Name], our legal counsel. (This is optional; generally, the support or legal email will get you to the right person.)

• Website: You can also find information or reach out to us via our website contact form at www.instrumentalz.com/contact (if available). Any messages submitted through the contact form or chat widget will be handled by our support team.

We value open communication with our users. Whether you need help with using the Platform, have questions about your license, or want to report a problem, don’t hesitate to contact us. We will make reasonable efforts to assist you and resolve any issues.

If you are sending us an official notice (for example, a breach notice, or an indemnification claim, etc.), please label your communication clearly (e.g., “Official Notice under Terms of Service”) and send it to both the email and postal address for good measure.

Language: We can correspond in English or German. If you write to us in another language, we may need additional time for translation.

Remember that communications with our support may be recorded or kept for quality and training purposes, and per our Privacy Policy.

Thank you for reading these Terms of Service. By using Instrumentalz.com, you agree to these Terms and we hope you have a productive and enjoyable experience on our platform. If you have any questions or need clarification on any part of these Terms, please contact us at support@instrumentalz.com before proceeding. We’re here to help and ensure everything is clear.

Happy music making and thank you for choosing Instrumentalz!