Trackstack Music Limited · Last updated: 2 July 2026
Introduction
These terms and conditions govern your use of the Trackstack Platform (Platform), including all services made available at https://www.trackstack.app/ (Website) and its mobile application (App) (the Platform, Website and App are collectively referred to as the Platform). Please also note the terms of our Privacy Notice (as amended from time to time) which govern how we will use your personal data.
By using the Platform, you agree to be bound by these terms and conditions, which form a binding contractual agreement (the agreement) between you, the User, and us, Trackstack Music Limited, of 20-22 Wenlock Road, London, England, N1 7GU, with company number 13284579 (Trackstack, we or us).
The Platform is designed primarily for business users acting in the course of trade. Some users may nonetheless be consumers. Where you are a Consumer, the Consumer Provisions in clause 22 of Part A set out additional rights that apply to you and prevail over any conflicting provision of this agreement.
The Platform includes various services, modules or functionality, including modules known as Inbox, Studio and Elevate. Functionality may be changed and other modules may be added from time to time. We may also update the terms of this agreement from time to time. You should regularly check the Platform and this page to see if any changes have been made. In relation to updates that materially affect our legal relationship with you, we will notify you. Ongoing use following such changes or notification will be deemed acceptance of the changes.
The remainder of this agreement is divided into four parts:
(a) Part A — All Services and Users, which applies to all Users and all access to and use of the Platform generally;
(b) Part B — Inbox module and Inbox Users (Receivers and Artists);
(c) Part C — Studio module and Studio Users (Studio Owners and Studio Members); and
(d) Part D — Elevate Store and its Users (Artists and Professionals).
A User may be classed as a different type of User in different modules (for example, an Artist may also be a Studio Owner in the Studio module, or a Professional in the Elevate Store), and you should read the Parts of this agreement with that in mind.
If you access or download our mobile application from the Apple App Store or Google Play store, you agree (as applicable) to Apple’s Licensed Application End User License Agreement and any Usage Rules set forth in the App Store Terms of Service, or the Google Play Terms of Service and any applicable developer or distribution terms.
Definitions and Interpretation
In this agreement, as well as any other terms defined elsewhere, the following terms have the following meanings:
“Account” means the registered account required by Users to use the Platform.
“Artist(s)” means any User of the Platform that is not (or when they are not acting in the capacity of) a Receiver or a Professional. An Artist may also act as a Studio Owner or Studio Member in the Studio module.
“Billing Cycle” means the monthly or annual billing period a User selects when subscribing to a paid Subscription Tier, as described in clause 4 of Part A.
“Booking” means an order placed through the Elevate Store for a Professional Service or Product at the price and on the terms stated in the relevant Elevate Listing.
“Commission” means the service fee Trackstack retains on transactions in the Studio module and the Elevate Store, as set out in Schedule 3.
“Consumer” means an individual acting wholly or mainly outside that individual’s trade, business, craft or profession.
“Content” means audio, music, sound recording, text, photos, pictures, graphics, comments and/or any other content, materials, data or information uploaded or made available by a User to or through the Platform, including Artist Content (as defined in Part B) and any content, benefits or access a Studio Owner makes available through the Studio module.
“Consumer Contracts Regulations” means the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
“Community Guidelines” means the community rules of conduct Trackstack publishes and makes available on the Platform (including within the Studio module) governing acceptable behaviour in the Community, as updated from time to time.
“Data Protection Legislation” means all applicable data protection and privacy laws, including the UK General Data Protection Regulation, the EU General Data Protection Regulation 2016/679, the Data Protection Act 2018, the Privacy and Electronic Communications (EC Directive) Regulations 2003, and any national legislation that implements, supplements or replaces them, in each case as amended, extended, re-enacted or consolidated from time to time; and the terms “controller”, “processor”, “process” and “personal data” have the meanings given in that legislation.
“Decline / Declined” means the act of a Receiver declining a Track in the Inbox module.
“Elevate Listing” means a Professional Service or Product listed for sale by a Professional through the Elevate Store, at a price pre-set by the Professional.
“Elevate Store” means the store module (formerly the Elevate Store) in which Artists can purchase Professional Services and Products from Professionals.
“Inbox module” means the track-management module where Artists upload Tracks and send them to Receivers for review, shortlisting, supporting or declining.
“Intellectual Property Rights” means all copyright, trade mark, design, patent, trade, business, company and domain names, confidential, privacy, personality and other proprietary rights, and any rights to registration of such rights, whether created before or after the date of this agreement, throughout the world.
“Online Payment Partner” means the third-party payment processor used by the Platform, currently Stripe, including its Stripe Connect service.
“Platform Content” means the meaning given in the Trackstack Intellectual Property clause of Part A.
“Product(s)” means digital goods offered by a Professional through the Elevate Store, including audio files, tracks, sample packs, stems, presets, project files, graphics, artwork, templates and other digital content.
“Professional(s)” means any User that offers Professional Services and/or Products through the Elevate Store.
“Professional Service(s)” means services offered and/or supplied by Professionals directly to Artists through the Elevate Store.
“Curator(s)” means any person or entity that receives and reviews Tracks via the Inbox module other than in the capacity of a DJ or label, including radio shows and radio hosts, artist managers and management companies, playlist and content curators, promoters, publications and similar.
“Receiver(s)” means DJs, labels and Curators who receive and review Tracks from Artists via the Inbox module.
“Refund Policy” means Trackstack’s refund policy set out in clause 5 of Part A, comprising the 14-day money-back guarantee available to first-time subscribers only. Studio purchases and Elevate Store transactions are not subject to the Refund Policy.
“Rules” means the Booking, Cancellation, Payment and Commission Rules set out in Schedule 3.
“Shortlist / Shortlisted” means the act of a Receiver shortlisting, supporting or otherwise positively actioning a Track in the Inbox module.
“Stack” means folders created by a Receiver in the Inbox module to store and manage Tracks.
“Studio” means the community and content space a Studio Owner creates and operates within the Studio module.
“Studio module” means the module in which Studio Owners operate Studios and make Content, benefits or access available to Studio Members.
“Studio Member” means a User who joins, subscribes to or purchases a Studio Offering. A Studio Member must be a User (and so holds an Account and is bound by Part A) but need not hold a paid or free Subscription Tier.
“Studio Owner” means a User who creates and operates a Studio in the Studio module and makes Content, benefits or access available to Studio Members.
“Subscription Fee” means the fee payable for a paid Subscription Tier for each Subscription Period, as set out on the Platform.
“Subscription Period” means each recurring period for which a Subscription Fee is payable.
“Subscription Tier” means a free or paid tier of access to the Platform, as set out on the Platform.
“Term” means the period during which you hold an Account or otherwise use the Platform, together with any period during which obligations under this agreement remain to be performed.
“Track” means a music track uploaded by an Artist to the Platform and sent to a Receiver via the Inbox module.
“User(s)” means any user of the Platform, including Artists, Receivers, Studio Owners, Studio Members and/or Professionals.
Part A — All Services and Users
1 HOW IT WORKS
1.1 Introduction service / marketplace. Trackstack is a hosting service and medium that facilitates the introduction of Artists, Receivers and Professionals through the Platform. Trackstack has no obligations or liabilities to, and is not a party to any contract between, Artists, Receivers and Professionals resulting from that introduction.
1.2 The Platform is a marketplace that enables Users to make available, publish, perform and/or display their Content, Products or Professional Services and to enter into further agreements directly with each other. Trackstack does not own, sell, resell, provide, control, manage, offer or supply the Content, Products or Professional Services provided by Users.
1.3 When Users enter into an agreement or transaction relating to Content, Products or Professional Services, they contract directly with each other. Trackstack is not, and does not become, a party to or another participant in any such contractual relationship.
2 ELIGIBILITY
2.1 Over 18s only. The Platform is intended for persons over the age of 18. By using the Platform you represent and warrant that you are over 18. Please do not access the Platform if you are under 18 or if you have previously been suspended or prohibited from using it.
2.2 If you use the Platform on behalf of a company or organisation, you warrant that you have the necessary authority to do so. If you sign up on behalf of your company, employer, an organisation, government or other legal entity (Represented Entity), then “you” or “User” means the Represented Entity and you bind it to this agreement, and you represent and warrant that you are authorised to do so.
3 ACCOUNTS
3.1 To use most functionality of the Platform, all Users must sign up, register and receive an Account.
3.2 As part of registration and your continued use, you must provide information such as your email address, first and last name, company name and details, preferred username, billing, postal and physical addresses, mobile phone number, profile picture and other information determined by Trackstack from time to time.
3.3 You warrant that any information you give Trackstack during registration will always be accurate, honest, correct and up to date.
3.4 You register and sign in using your email address and a one-time passcode sent to that address. Trackstack does not use account passwords and does not currently offer third-party or social-media sign-in.
3.5 Once you complete registration, Trackstack may, in its absolute discretion, accept you as a registered user and provide you with an Account.
3.6 Trackstack reserves the right to contact you about any concerning behaviour, or to seek a resolution with you.
3.7 Trackstack may, in its absolute discretion, suspend or cancel your Account for any reason, including any failure to comply with this agreement.
4 SUBSCRIPTION TIERS AND FEES
4.1 We offer free and paid subscription tiers as set out on the Platform (each a Subscription Tier). The free tier allows limited access to some features.
4.2 To access additional features you must subscribe to a paid Subscription Tier and pay a subscription fee for each subscription period as set out on the Platform or otherwise agreed in writing (the Subscription Fee and the Subscription Period).
4.3 All Subscription Fees must be paid in advance and are subject to refunds based on our Refund Policy.
4.4 Unless otherwise agreed in writing, Subscription Fees are due monthly or annually depending on the billing cycle you select when subscribing (Billing Cycle). Your Billing Cycle starts on the date you subscribe to a paid Subscription Tier.
4.5 Automatic renewal. Paid subscriptions renew automatically; this is the only renewal method offered and you cannot opt out of automatic renewal while your subscription continues. You will be charged the Subscription Fee in advance of each Subscription Period. If you do not wish to renew, you must cancel your subscription (in writing or via the Platform) before the next Subscription Period commences; otherwise your subscription renews automatically and you must pay the Subscription Fee.
4.6 Payment. We may use a third-party online payment partner, such as Stripe (Online Payment Partner), to collect payments. Such processing is also subject to the Online Payment Partner’s terms and privacy policies. You agree to release Trackstack and its employees and agents from all liability for loss, damage or injury arising from any act or omission of the Online Payment Partner, including any security or performance issue or any error in processing your payment. We may correct, or instruct the Online Payment Partner to correct, any errors in collecting payment.
4.7 Change of Subscription Fees. Trackstack may change or waive the Subscription Fee at any time on written notice (at least 14 days). On receipt of such notice you may terminate this agreement immediately on written notice to us. Continued use after the notice constitutes consent to the change.
5 UPGRADES, DOWNGRADES AND MONEY-BACK GUARANTEE
5.1 Upgrades. You may upgrade your Subscription Tier at any time. We will take reasonable steps to provide prompt access to the new tier, charge the new Subscription Fees pro-rata for the remainder of the current Billing Cycle, and charge the new Subscription Fees in advance at the start of your next Billing Cycle. Upgrading does not restart your Billing Cycle.
5.2 Downgrades. You may notify us (via the Platform) before the end of your Billing Cycle. The lower fees take effect at the end of the current Billing Cycle, with no pro-rata refund, and you are charged the new fees at the start of the next Billing Cycle. You release us from claims arising from any loss of content, features, capacity or data resulting from a downgrade.
5.3 Refund Policy — 14-day money-back guarantee. Trackstack offers a 14-day money-back guarantee on the first occasion a User subscribes to a paid Subscription Tier (the Refund Policy). The Refund Policy: (a) applies once per User only — Users who have previously held a paid Subscription Tier and later resubscribe are not eligible; (b) applies only to Subscription Fees paid directly to Trackstack; and (c) does not apply to AI mastering, any purchase or subscription in the Studio module, any purchase in the Elevate Store (including Products), or content or services provided by partners or other Users. To claim, contact support@trackstack.app within 14 days of first payment; eligible refunds are issued to the original payment method within 14 business days. Exceptions may be made at Trackstack’s sole discretion.
6 USER OBLIGATIONS AND GENERAL RESTRICTIONS
As a User of or visitor to the Platform, you agree:
(a) not to copy, rip or capture any Content or Platform Content other than by means strictly permitted and enabled by the Platform;
(b) not to adapt, copy, republish, communicate to the public, display, perform, transfer, share, distribute or otherwise exploit any Content or Platform Content, except where the Content is your own Content or is Content you have validly licensed through the Platform, during your permitted use;
(c) not to employ scraping, crawling, bots or similar techniques to aggregate, repurpose, republish or make unauthorised use of any Content or Platform Content, including collecting or harvesting links to User profiles or other pages within the Platform;
(d) not to intimidate, harass, impersonate, stalk, threaten, bully or endanger any User, or distribute unsolicited commercial content, junk mail, spam or harassment;
(e) not to share your Account, and to notify Trackstack immediately of any unauthorised use of your Account or email, or any breach or potential breach of security;
(f) not to use the Platform for any purpose other than as permitted and enabled by it, including not using it in any illegal or fraudulent manner, or in connection with commercial, money-making, promotional or marketing endeavours except those endorsed in this agreement or approved by Trackstack in writing;
(g) not to act in any way that may harm the reputation of Trackstack or do anything contrary to the interests of Trackstack or the Platform;
(h) not to make automated use of the Platform, and not to copy, reproduce, translate, adapt, vary or modify the Platform without Trackstack’s express written consent;
(i) not to sell, rent, lease, transfer, distribute or otherwise commercialise any links or collections of links associated with the Platform (including User profile links), nor create, maintain or distribute databases of Platform links, nor share Platform links in a manner that circumvents the intended user journey or undermines the Platform’s business model, nor use them to confuse or mislead other users; and
(j) to acknowledge that Trackstack may change any features of the Platform at any time without notice to you, and that information provided through the Platform is general in nature and Trackstack takes no responsibility for actions taken in reliance on it.
Violation of any of these prohibitions may result in immediate termination of your Account, legal action and/or any other remedies available to Trackstack. Trackstack reserves the right to investigate and prosecute violations to the fullest extent of the law.
7 COMMUNITY
7.1 As part of your Account, you may have access to a community forum with other Users to discuss and share ideas, materials, progress and questions (the Community).
7.2 The Community is a shared environment which is not supervised or screened by us. You are responsible for your own conduct and participate at your own risk.
7.3 You must at all times be respectful of others, including not posting explicit, pornographic, homophobic, racist or otherwise offensive or derogatory material, and otherwise complying with our Community Guidelines. We may revoke your access to the Community and/or your Account if you do not comply with this clause or the Community Guidelines.
7.4 Anything you post or share in the Community forms part of the Content and is governed by the Your Content clause (clause 9 of this Part A).
8 YOUR CONTENT
8.1 Warranties. By providing, posting, storing or sharing Content on or via the Platform, you represent and warrant that: you are authorised to provide it; it is accurate and true when provided; any review or feedback is honest and fair; it is free from harmful, discriminatory, defamatory or maliciously false implications and contains no offensive or explicit material; it does not infringe any Intellectual Property Rights anywhere in the world; it contains no viruses or harmful code; and it does not breach any applicable laws.
8.2 Licence to Trackstack. Trackstack claims no ownership of your Content; you are solely responsible for it. You guarantee you hold all required permissions for your Content. You grant Trackstack a non-exclusive, worldwide and royalty-free licence to use the Intellectual Property Rights in your Content solely for the purpose of enabling, operating and improving the Platform, including to use, reproduce, copy, modify, store, distribute, publish and make available the Content in connection with providing the Platform to you.
8.3 Moral rights. To the extent necessary, you waive any moral rights in your Content, including the right to attribution, and release Trackstack from claims arising from such moral rights.
8.4 Indemnity. You indemnify Trackstack against all damages, losses, costs and expenses arising from any claim that your Content breaches the warranties in clause 8.1.
8.5 Review and removal. Trackstack acts as a passive conduit/marketplace and has no obligation to screen Content in advance. Trackstack may, in its absolute discretion, review and remove any Content at any time without explanation. You are responsible for keeping records of your Content.
8.6 Product improvement and AI. You agree that Trackstack may use your Content to operate, analyse and improve the Platform, including to develop, train and improve internal models and features such as search, recommendations, tagging, moderation and content organisation. Trackstack will not use your Content to train generative AI models, nor licence or otherwise make your Content available to any third party for the purpose of training that third party’s AI models, without your separate consent.
9 TRACKSTACK INTELLECTUAL PROPERTY
9.1 Trackstack retains ownership of, and/or provides you with a limited licence to (as applicable), the materials it develops, provides, owns, controls or licenses in connection with the Platform, including text, graphics, logos, design, icons, images, sound and video recordings, pricing, downloads and software (Platform Content), and reserves all Intellectual Property Rights not expressly granted to you.
9.2 Other than as strictly necessary to use the Platform as permitted, you must not reproduce, transmit, adapt, distribute, sell, modify or publish the Platform or Platform Content without Trackstack’s prior written consent or as permitted by law.
10 THIRD PARTY CONTENT AND THIRD PARTY TERMS
10.1 The Platform may contain text, images, data and other content provided by third parties (Third Party Content). Trackstack accepts no responsibility for Third Party Content and makes no representation or warranty about its quality, suitability, accuracy, reliability, currency or completeness.
10.2 Parts of the Platform may be powered by goods or services provided by third parties (including third-party platforms or payment services) and are subject to those third parties’ terms. Your use is subject to any applicable third-party terms and you agree to familiarise yourself with them. To the maximum extent permitted by law and our agreements with those third parties, we are not liable for their acts or omissions.
11 DISPUTES BETWEEN USERS
11.1 Direct any complaint about another User to that User first, and take all reasonable steps to resolve it with them.
11.2 If the issue remains unresolved, or does not relate to another User, report it to Trackstack at support@trackstack.app. We will assess and attempt to resolve it.
11.3 Any costs you incur in relation to a complaint or dispute are your responsibility.
11.4 Trackstack may appoint an independent mediator or arbitrator; the cost is shared equally between the parties to the dispute. Because payments are processed through the Online Payment Partner’s Stripe Connect service and settle directly to the relevant seller’s connected account, Trackstack does not itself hold transaction funds. However, Trackstack may, through the Online Payment Partner’s platform controls, pause payouts or place a hold or reserve on the relevant seller’s connected balance in relation to a disputed transaction until the matter is resolved; any reversal or chargeback is handled through the Online Payment Partner against that balance.
11.5 If you have a dispute with Trackstack, you agree to notify us first and to enter into discussion or mediation with us for a minimum of 90 days before commencing any formal legal proceedings.
11.6 Notwithstanding any other provision of this clause, nothing prevents you or Trackstack from cancelling an Account or discontinuing use of the Platform at any time in accordance with this agreement.
11.7 Nothing in this clause prevents either party from applying to a court for urgent injunctive or interim relief, or from acting immediately in respect of a breach of the intellectual property or confidentiality provisions of this agreement.
12 LIMITATIONS, SECURITY AND CONNECTIVITY
12.1 Other than any express warranties in these terms, the Platform is provided on an “as is” basis. Trackstack does not warrant that the Platform will be free from errors or defects; will be accessible at all times; that messages will be delivered promptly or at all; that information sent or received will be secure or confidential; or that any information provided is accurate or true.
12.2 Trackstack does not accept responsibility for your connectivity, or for loss or damage to computer systems, mobile phones or other devices arising from your use of the Platform. You should take your own precautions against viruses, malicious code and other interference.
13 LIABILITY FOR USER CONTENT
13.1 You acknowledge that Trackstack stores Content at the direction and with the authorisation of its Users; acts merely as a passive conduit/marketplace and host; plays no active role in the clearance or use of Content; and that Users are solely responsible for their Content. To the extent permitted by law, Trackstack excludes all liability for Content and the activities of its Users in respect of it.
13.2 Trackstack does not review User Content and has no obligation to monitor the Platform for content that is inappropriate, infringing or uploaded in breach of this agreement or applicable law.
13.3 To the fullest extent permitted by law, Trackstack and its affiliates, employees, agents, directors, officers and shareholders exclude all liability arising from any Content uploaded by Users or made available to other Users, including claims for infringement of Intellectual Property Rights, privacy or publicity rights, claims relating to abusive, defamatory, pornographic or obscene material, and claims relating to the completeness, accuracy, currency or reliability of any information. By using the Platform you irrevocably waive the right to assert any such claim against Trackstack or those persons in relation to any Content.
14 DISCLAIMER AND LIMITATION OF LIABILITY
14.1 Nothing in this agreement excludes or limits a party’s liability for fraud, or for death or personal injury resulting from a party’s negligence, or any other liability that cannot be excluded by law.
14.2 To the maximum extent permitted by law, Trackstack excludes all liability for loss or damage of any kind, however arising (whether in contract, tort (including negligence), statute, equity, indemnity or otherwise), arising from or relating to: the use of, or inability to access, the Platform or any Content; any action by third-party rightsholders or law-enforcement relating to Content or your use of the Platform; any misconduct by other Users or third parties; any changes to, or suspension or cessation of, the Platform or any Content; and any errors or omissions in the Platform’s technical operation or any inaccuracy or defect in any Content.
14.3 Disclaimer. Other than as expressly set out in this agreement, Trackstack excludes all implied representations and warranties to the maximum extent permitted by law.
14.4 Consequential loss. To the maximum extent permitted by law, Trackstack is not liable for any incidental, special, indirect or consequential loss, nor for loss of data, business or business opportunity, goodwill, reputation, anticipated savings, profits or revenue, arising under or in connection with the Platform or this agreement (except to the extent such liability cannot be excluded by law).
14.5 Aggregate cap. Subject to clause 14.1, Trackstack’s total aggregate liability arising out of or in connection with this agreement (whether in contract, tort, statute or otherwise) shall not in any 12-month period exceed the greater of (a) the total Subscription Fees and commissions paid by you to Trackstack in the 12 months preceding the event giving rise to the liability, and (b) £100.
14.6 Unfair contract terms. To the extent that any applicable law (including sections 3, 6 and 11 of the Unfair Contract Terms Act 1977) restricts the extent to which liability can be excluded, the exclusions in this clause are limited accordingly; any exclusions not so affected remain in full force.
15 INDEMNIFICATION
15.1 You agree to indemnify Trackstack and its successors, assigns, affiliates, agents, directors, officers, employees and shareholders against all claims, obligations, damages, losses, expenses and costs (including reasonable legal fees) resulting from: any breach by you or your representatives of this agreement; your or your representatives’ use of the Platform; any third-party claim of infringement of copyright or other Intellectual Property Rights, or invasion of privacy, arising from the hosting of your Content on the Platform, your making it available to other Users, and/or the actual use of your Content by other Users in accordance with this agreement; and any activity related to your Account, whether by you or any other person accessing it with or without your consent, unless caused by the act or default of Trackstack.
16 CONFIDENTIALITY, DATA AND PRIVACY
16.1 Data protection — general. Each party must comply with applicable Data Protection Legislation. Please also note the terms of our Privacy Notice (as amended from time to time), which governs how we use your personal data.
16.2 Trackstack as controller. During and after delivery of the Platform services, Trackstack processes personal data for its own purposes and is a controller under the Data Protection Legislation, including for the purposes of: providing the Platform and services to you; sending you (or having its contractors send you) marketing materials or other publications, where lawful; effecting a re-organisation or sale of its business; and sharing personal data with its legal or professional advisers.
16.3 Trackstack as processor. There may be limited occasions where Trackstack processes personal data on your behalf as a processor. Where Trackstack believes it acts as a processor it will advise you in writing, and any such processing will be carried out in accordance with your instructions, with appropriate technical and organisational measures to protect the personal data against unauthorised or unlawful processing and accidental loss, destruction or damage, including where Trackstack subcontracts any processing (for example, external storage).
16.4 Your obligations. You warrant that, before providing Trackstack with any personal data, you have satisfied the relevant lawful basis under the Data Protection Legislation. Any personal data Trackstack provides to you about its employees, contractors or third parties may only be used for the express purposes for which it was provided.
16.5 Third Party Data. You warrant, in relation to any personal information or other data you provide to Trackstack that relates to a third party (Third Party Data), that: you have all necessary rights for the Platform services to be performed in respect of that data; you are not breaching any law by providing it; Trackstack will not breach any law or any third-party terms by performing the Platform services in relation to it; and there are no restrictions on its use that you have not notified to Trackstack. You indemnify Trackstack against any loss or liability arising from a breach of this warranty.
16.6 Confidential information. “Confidential Information” means all information in any form which is secret or not publicly available, including commercial, financial, marketing or technical information, know-how, trade secrets and business methods, and any reproductions of it. The parties will not, during or after the Term, disclose the other’s Confidential Information to any third party except: with the other party’s prior written consent; as required by law; or to their personnel on a need-to-know basis for the purposes of performing this agreement (Additional Disclosees). A party may only use the other’s Confidential Information to exercise its rights or perform its obligations under this agreement. On termination, each party will return or (if requested) destroy the other’s Confidential Information. Each party will ensure its Additional Disclosees keep the Confidential Information confidential on these terms and will, if reasonably requested, arrange for an Additional Disclosee to sign a confidentiality undertaking in a form reasonably required by the other party.
16.7 Breach of confidentiality. If a party becomes aware of a suspected or actual breach of clause 16.6 by it or an Additional Disclosee, it will promptly notify the other party and take reasonable steps to prevent, stop or mitigate the breach. The parties acknowledge that damages may not be an adequate remedy for a breach of clause 16.6 and that the other party may seek injunctive or other equitable relief.
17 NOTICE REGARDING APPLE
17.1 If you access the Platform from the Apple, Inc. (Apple) iOS Store, you acknowledge and agree: this agreement is between you and Trackstack, not Apple, and Apple is not responsible for the Platform or its content; Apple has no obligation to furnish maintenance or support; in the event of any failure to conform to an applicable warranty you may notify Apple, and Apple will refund the price (if any) for the Platform, with no other warranty obligation to the maximum extent permitted by law; Apple is not responsible for addressing any claims relating to the Platform (including product liability, regulatory conformance, and consumer-protection or privacy claims); Apple is not responsible for investigating or defending any third-party intellectual property claim; you represent that you are not located in an embargoed or “terrorist-supporting” country and are not on any U.S. Government prohibited or restricted-party list; you will comply with applicable third-party terms; and Apple and its subsidiaries are third-party beneficiaries of this agreement and may enforce it against you.
18 NOTICE REGARDING GOOGLE PLAY / ANDROID
18.1 If you access or download the App from the Google Play store, you acknowledge and agree that: this agreement is between you and Trackstack, not Google LLC (Google), and Google is not responsible for the App or its content; your use of the App must comply with the then-current Google Play Terms of Service; Google has no obligation to furnish any maintenance or support services for the App; Google is not responsible for addressing any claims by you or any third party relating to the App, including product-liability, regulatory-conformance, and consumer-protection or privacy claims; to the maximum extent permitted by law, Google has no warranty obligation whatsoever with respect to the App; and Google, and its subsidiaries, are third-party beneficiaries of this agreement and may enforce it against you.
19 TERMINATION
19.1 Trackstack may terminate a User’s access to any or all of the Platform (including any Accounts) at any time without notice, for any reason.
19.2 On termination of an Account, the User’s access to all tools will be revoked, the User will be unable to view other Users’ details, and Content previously posted by that User will be removed from the Platform, save for: comments, messages and other contributions whose licences are stated to survive; copies retained by other Users for permitted offline use; and records retained under the Record/Audit clause or as required by law.
19.3 Users may terminate their Account at any time using the Platform’s functionality, where available; otherwise Trackstack will effect termination within a reasonable time after written notice. The Refund Policy applies on termination.
19.4 Provisions of Part A and any provision which by its nature would reasonably be expected to survive will continue to apply after termination or expiry.
20 RECORD / AUDIT
20.1 To the extent permitted by law, Trackstack may keep records of all transactions and communications made through the Platform (including conversations, posts, comments, feedback, cookies and IP-address information) for administration purposes, and may produce them in the event of any legal dispute involving Trackstack.
21 NOTICES
21.1 A notice under this agreement must be in writing and in English and delivered by email to the other party’s most regularly used email address for the subject matter of this agreement (Email Address), which a party may update by notice. Unless the sender knows or ought reasonably to suspect non-delivery, notice is taken to be given 24 hours after the email is sent, or when replied to by the other party, whichever is earlier.
22 CONSUMER PROVISIONS
22.1 Application. This clause applies only where you are a Consumer. Where any provision of this clause conflicts with another provision of this agreement, this clause prevails to the extent of the conflict. Nothing in this agreement affects any statutory right of a Consumer that cannot lawfully be excluded or limited.
22.2 Statutory rights. Where you are a Consumer, digital content and services supplied through the Platform will be as described, fit for purpose and of satisfactory quality, and any services will be performed with reasonable care and skill, in accordance with the Consumer Rights Act 2015. Nothing in this agreement excludes or limits Trackstack’s liability for breach of those statutory rights.
22.3 Cancellation (cooling-off). Where you are a Consumer entering into a distance contract, you have a right to cancel within 14 days under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013. However, by subscribing to a paid Subscription Tier or purchasing digital content and accessing it during that period, you expressly request that supply begins immediately and acknowledge that you lose the right to cancel once supply or access has begun. The 14-day money-back guarantee in clause 5 applies in addition to, and does not limit, your statutory rights.
22.4 Renewals and cancellation. Where you are a Consumer on an automatically renewing subscription, Trackstack will send you a reminder before each renewal and provide a straightforward method to cancel through the Platform.
22.5 Termination by Trackstack. Where you are a Consumer, Trackstack will not terminate or suspend your Account under clause 19 without cause unless it gives you reasonable notice, save where you are in material breach or termination is required by law; and on any such no-fault termination Trackstack will refund a fair proportion of any Subscription Fees paid in advance for the unexpired period.
22.6 Unfair terms. Any provision of this agreement that would be unfair to you as a Consumer under the Consumer Rights Act 2015 does not bind you to the extent it is unfair; the remainder of the agreement continues to apply.
23 GENERAL
23.1 Governing law and jurisdiction. This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it, its subject matter or formation, is governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.
23.2 Third party rights. Except as expressly stated (including the Apple provisions), this agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999.
23.3 Waiver. No party may rely on words or conduct as a waiver of any right unless the waiver is in writing and signed by the party granting it.
23.4 Severance. Any term that is wholly or partly void or unenforceable is severed to that extent, without affecting the remainder.
23.5 Joint and several liability. An obligation or right of two or more persons binds or benefits them jointly and severally.
23.6 Assignment. A User may not assign, novate or transfer any of its rights or obligations without Trackstack’s prior written consent.
23.7 Costs. Except as otherwise provided, each party must pay its own costs and expenses in connection with negotiating, preparing and performing this agreement.
23.8 Entire agreement. This agreement embodies the entire agreement between the parties and supersedes any prior arrangement, understanding or agreement in relation to its subject matter.
23.9 Interpretation. The singular includes the plural and vice versa; a gender includes other genders; defined terms include their other grammatical forms; “person” includes any individual or entity; a reference to a party includes its successors and permitted assigns; a reference to a document includes that document as varied or replaced; headings are for convenience only; “includes” is not a word of limitation; and no provision is interpreted adversely to a party merely because that party prepared it.
Part B — Inbox Module: Receivers and Artists
1 HOW IT WORKS
1.1 Artist uploads Track. An Artist may upload Tracks and send a Track to a Receiver for review.
1.2 Receiver reviews Track. A Receiver may review a Track and notify the Artist via the Platform that it is Shortlisted or Declined.
1.3 Timeframe. A Receiver must Shortlist or Decline a Track within 60 days of receipt, after which the Track is automatically Declined.
1.4 Shortlisted. If Shortlisted, the Artist receives an automated message confirming which Stack the Track has been moved to.
1.5 Declined. If Declined, the Artist receives an automated message confirming this; a Declined Track is deleted from Trackstack’s servers after 30 days.
1.6 Communication. Initial communication should be made via the Platform. Once a Track is Shortlisted, a Receiver may communicate or negotiate further with the Artist outside the Platform.
2 RECEIVERS AND ARTISTS ENGAGING WITH EACH OTHER
2.1 You acknowledge and agree that: the Platform is an introductory service/marketplace connecting Receivers with Artists, neither of whom is under Trackstack’s control; Trackstack does not guarantee the quality, credibility or legitimacy of any Receiver or Artist, and providing an Account implies no endorsement; Trackstack has no obligation to verify any User’s identity or legitimacy; and there is no guarantee of any outcome of signing, or being signed by, a Receiver.
2.2 You must make your own independent enquiries before engaging with an Artist or Receiver. Any terms you agree with them are your responsibility and do not involve Trackstack in any way.
3 ARTIST CONTENT
3.1 Any Track and any other audio, text, photos, pictures, graphics, comments and other content that an Artist uploads to the Platform for use within the Inbox module (Artist Content) is generated, owned and controlled solely by the Artist, and not by Trackstack.
3.2 Trackstack claims no ownership rights in Artist Content, which remains the Artist’s sole responsibility.
3.3 Artists acknowledge that the Platform allows Receivers to download Tracks for offline listening (subject to the Receiver licence in clause 5).
3.4 Artists must not upload or make available any Artist Content to which they do not hold the necessary rights. Any unauthorised use of copyright-protected material within Artist Content is strictly prohibited and may result in termination under Part A and in civil or criminal proceedings by the relevant rightsholder.
4 GRANT OF LICENCE BY ARTIST
4.1 By uploading or posting Artist Content, the Artist initiates an automated process to transcode any audio and directs Trackstack to store the Artist Content on its servers, from where the Artist may control and authorise its use as enabled by the Platform. To the extent necessary to provide this functionality, the Artist grants Trackstack a limited, worldwide, non-exclusive, royalty-free and fully paid licence.
4.2 Marks. Nothing in this agreement grants any other User any rights in any proprietary name, logo, trade mark or service mark uploaded as part of Artist Content (for example, a profile picture) (Marks), other than the right to reproduce and display those Marks, automatically and without alteration, as part of the permitted display of the associated Artist Content.
4.3 Duration. Licences over audio Artist Content (and associated images and text) terminate automatically when the Artist removes that Content from the Platform and/or their Account. Removal results in deletion of the relevant files from Trackstack’s systems and servers. However, once Artist Content has been distributed via the Platform, Trackstack is not obliged to ensure other Users delete it, and Content saved for permitted offline use may remain temporarily available on those Users’ devices. Licences over comments and messages sent through the Platform are perpetual and irrevocable and survive termination.
5 GRANT OF LICENCE TO RECEIVER
5.1 Review licence. When an Artist sends a Track to a Receiver, the Artist grants that Receiver a limited, worldwide, non-exclusive, royalty-free, non-transferable and non-sublicensable licence, for the purpose of reviewing the submission, to: stream and listen to the Track; download and store a copy of the Track for offline review; and organise the Track within Stacks and the Inbox module.
5.2 Promotional performance licence. In addition, for any Track sent to a Receiver, the Artist grants that Receiver a limited, worldwide, non-exclusive, royalty-free and non-transferable licence to publicly play and perform the Track for promotional purposes as part of the Receiver’s own DJ sets, radio shows, livestreams and curated selections, with credit to the Artist where reasonably practicable. This promotional performance licence applies to every Track a Receiver receives, and an Artist cannot opt individual Tracks out of it. It does not permit the Receiver to make, distribute, sell or publish any recording, mix or podcast that contains the Track (a live stream that is not separately downloadable is not treated as such a recording).
5.3 Restrictions. Except as expressly permitted by clauses 5.1 and 5.2, the licences in this clause do not permit the Receiver to reproduce (other than as inherent in permitted offline storage or promotional performance), sell, distribute, make available for download, adapt, remix, prepare derivative works from, synchronise, release commercially or otherwise commercially exploit the Track, in each case without a separate written agreement with the Artist.
5.4 Duration. The review licence in clause 5.1 terminates when the Track is Declined or removed, or when the Artist withdraws it, and a Receiver who has downloaded a Track for offline review must delete it within a reasonable period after that licence ends. The promotional performance licence in clause 5.2 continues for promotional purposes notwithstanding a Decline, and ends only if the Artist permanently removes the Track from the Platform. Any continued or commercial use of a Track beyond these licences is a matter for separate agreement between the Artist and the Receiver and does not involve Trackstack.
6 REPRESENTATIONS AND WARRANTIES BY ARTIST
6.1 The Artist represents and warrants that: the Artist Content is the Artist’s original work, or the Artist has obtained all rights, licences, consents and permissions necessary to use it and to authorise Trackstack and Receivers to use it as permitted by this agreement; the Artist Content does not and will not infringe any third-party rights (including Intellectual Property Rights, performers’ rights, or rights of privacy or publicity); the Artist has obtained all necessary consents from persons appearing in the Artist Content; the Artist Content is not unlawful, abusive, libellous, defamatory, pornographic or obscene, and does not promote violence, terrorism, illegal acts or hatred on the grounds of race, ethnicity, cultural identity, religious belief, disability, gender identity or sexual orientation; and the Artist Content creates no liability on the part of Trackstack or its affiliates. Trackstack may remove Artist Content, suspend or terminate access, and pursue all legal remedies if it believes any of these warranties is breached.
7 CONTACT DATA AND COMMUNICATIONS WITH ARTISTS
7.1 Scope of permitted use. When an Artist submits a Track to you, Trackstack makes the Artist’s contact details available to you for the purposes of: reviewing and responding to that submission; communicating with the Artist about it, including notifying them of a Shortlist or Decline decision; where Shortlisted, negotiating signing, release or other commercial arrangements relating to that Track; and sending the Artist occasional promotional communications about your own music releases and related announcements, provided they are reasonably related to the genre or style of the Track submitted and you comply with clause 7.3.
7.2 Prohibited uses. Without the Artist’s separate, specific and informed prior consent obtained outside the Platform, you must not: send marketing outside the scope of clause 7.1 (including promoting third-party products, services, events or courses); export, copy, aggregate or extract Artist contact details for use outside the Platform except as strictly necessary for permitted communications; sell, rent, license, transfer or disclose Artist contact details to any third party; add them to any mailing list or CRM used beyond the permitted purposes; use them for automated profiling, behavioural targeting or lookalike-audience generation; or retain or use them after the Artist unsubscribes or withdraws consent, or after your Account is terminated, save where retention is required by law.
7.3 Requirements for permitted communications. Any communication under clause 7.1(d) must: clearly identify you as the sender; include a functioning, easy-to-use unsubscribe mechanism in every message; honour unsubscribe requests within the period required by law; include a link to your privacy notice; and comply with all applicable laws, including the UK GDPR, the Data Protection Act 2018 and the Privacy and Electronic Communications (EC Directive) Regulations 2003 (PECR), or equivalent legislation where the Artist is located.
7.4 Independent controller status. In respect of any processing of Artist personal data you carry out for your own purposes (including under clause 7.1(d)), you act as an independent controller and are solely responsible for: establishing and documenting a lawful basis; providing the Artist with your own privacy notice; responding to data-subject requests; maintaining records of processing; and notifying any personal data breach to the relevant supervisory authority and, where required, to the Artist.
7.5 Indemnity. You indemnify Trackstack and its officers, employees and agents against all claims, losses, damages, costs and expenses (including reasonable legal fees) arising from: any breach by you of this clause; any communication you send to an Artist; and any failure by you to comply with applicable Data Protection Legislation or PECR in respect of Artist personal data.
7.6 Trackstack’s rights. Without prejudice to its other rights, Trackstack may: suspend or terminate your Account for breach of this clause; implement technical measures to enforce unsubscribe requests, prevent bulk export of contact data, or otherwise give effect to this clause; and act on Artist complaints, including by requiring you to cease contacting an Artist.
8 THIRD PARTY AI MASTERING PROVIDER
8.1 If Artists use the third-party AI mastering feature, they acknowledge that the relevant Track/Artist Content will be processed through a third-party mastering engine (such as Masterchannel), to which additional terms may apply, and that Trackstack is in no way liable for any misuse, loss or damage associated with that provider, including any infringement of Intellectual Property Rights in the relevant Track/Artist Content.
Part C — Studio Module: Studio Owners and Studio Members
1 HOW IT WORKS
1.1 The Studio module lets a Studio Owner build a Studio and make Content, benefits or access available to Studio Members, whether on a recurring subscription basis or for a one-time payment, as described on the relevant listing. A Studio Member selects an offering and pays through the Platform; payment is processed through the Online Payment Partner’s Stripe Connect service and settles to the Studio Owner’s connected account (see clause 3); and the Studio Member is granted access in accordance with the listing and the Studio Minimum Terms.
1.2 Any subscription or other purchase you make in the Studio module is a purchase from the Studio Owner, not from Trackstack, and is subject to the Booking, Cancellation, Payment and Commission Rules set out in Schedule 3. They are not subject to Trackstack’s Refund Policy; any refund is a matter between you and the Studio Owner, at the Studio Owner’s discretion and in accordance with Schedule 1 and any terms in the relevant listing, save where a refund is required by law.
1.3 The Studio Minimum Terms set out in Schedule 1 apply to any contract formed between a Studio Owner and a Studio Member for the supply of or access to Content, benefits or access in the Studio module. A Studio Owner may also incorporate their own terms of business; to the extent they do not, the Studio Minimum Terms govern, and to the extent they do, the Studio Minimum Terms are deemed amended to the extent of any inconsistency.
1.4 If you have a complaint about another User, please work with each other to resolve it. Trackstack may help mediate but is not obliged to. Any refund or compensation is sought from, and funded by, the Studio Owner; Trackstack does not itself fund refunds but may facilitate the refund mechanism through the Online Payment Partner.
2 STUDIO OWNERS AND STUDIO MEMBERS ENGAGING WITH EACH OTHER
2.1 You acknowledge that the Platform connects Studio Owners and Studio Members, none of whom is under Trackstack’s control; Trackstack does not guarantee any User’s quality, credibility or legitimacy and gives no endorsement; and you should make your own enquiries before engaging. In the Studio module Trackstack acts only as an interface enabling Studio Owners to offer, and Studio Members to buy, subscriptions and access; Trackstack is not the supplier of the Content, benefits or access and accepts no responsibility for them or for any User’s actions. Each party engages at its own risk.
3 COMMISSIONS AND PAYMENTS
3.1 Payments in the Studio module are processed through the Online Payment Partner’s Stripe Connect service. To sell through the Studio module, a Studio Owner must connect their own Stripe account and, as part of onboarding, agrees to the Stripe Connected Account Agreement (available at https://stripe.com/legal/connect-account), including the Stripe Services Agreement, which apply in addition to this agreement. Payments made by Studio Members settle directly to the Studio Owner’s connected Stripe account. The Studio Owner is the merchant of record for those transactions, and customer payment and transaction data is processed and held by the Online Payment Partner and made available to the Studio Owner, not held by Trackstack.
3.2 Trackstack does not collect the gross payment and then pay it out. Instead, Trackstack retains a service fee (the Commission) as an application fee taken through Stripe Connect at the point of payment, as set out in Schedule 3, and the balance settles to the Studio Owner. Trackstack does not otherwise receive or hold the transaction funds.
3.3 Acceptance of the Stripe Connected Account Agreement, and compliance with the Online Payment Partner’s requirements, are conditions of selling through the Studio module. As between the Studio Owner and Trackstack, the Studio Owner is an independent controller in respect of the customer and transaction data relating to its sales, and is responsible for handling that data in accordance with Data Protection Legislation.
4 STUDIO CONTENT AND LICENCE
4.1 Any Content, benefits or access a Studio Owner makes available in the Studio module (Studio Content) is generated, owned and controlled solely by the Studio Owner, who must hold all necessary rights. The licence to Trackstack, and the Marks, duration and warranty provisions in Part B (clauses 4 and 6), apply equally to Studio Content, read as if references to Artist Content were references to Studio Content.
4.2 Licence to Studio Members. A Studio Member who subscribes to or pays for Studio Content receives the limited, personal, non-transferable and non-sublicensable licence set out in Schedule 1 (Studio Minimum Terms), and no broader rights, unless the relevant listing expressly grants broader rights.
5 STUDIO MINIMUM TERMS AND TRANSACTION RULES
5.1 The Studio Minimum Terms are set out in Schedule 1. The Booking, Cancellation, Payment and Commission Rules applicable to Studio transactions are set out in Schedule 3.
Part D — Elevate Store: Artists and Professionals
1 HOW IT WORKS
1.1 The Elevate Store lets an Artist buy Professional Services (such as mixing, mastering or other production services) and Products (digital goods such as audio files, tracks, sample packs, stems, presets, graphics and templates) from a Professional. Each Elevate Listing is offered at a price pre-set by the Professional; prices are fixed per listing and are not scoped or negotiated. The Artist selects a listing and pays through the Platform; payment is processed through the Online Payment Partner’s Stripe Connect service and settles to the Professional’s connected account (see clause 3); and the Professional delivers the Professional Service or Product in accordance with the Elevate Minimum Terms and the Rules.
1.2 Purchases in the Elevate Store are subject to the Booking, Cancellation, Payment and Commission Rules set out in Schedule 3. They are not subject to Trackstack’s Refund Policy.
1.3 The Elevate Minimum Terms set out in Schedule 2 apply to any contract formed between a Professional and an Artist for the supply of a Professional Service or Product. A Professional may also incorporate their own terms of business; to the extent they do not, the Elevate Minimum Terms govern, and to the extent they do, the Elevate Minimum Terms are deemed amended to the extent of any inconsistency.
1.4 If you have a complaint about a Professional or Artist, please work with each other to resolve it. Trackstack may help mediate but is not obliged to. Any refund or compensation is sought from, and funded by, the Professional; Trackstack does not itself fund refunds but may facilitate the refund mechanism through the Online Payment Partner.
2 ARTISTS ENGAGING WITH PROFESSIONALS
2.1 You acknowledge that the Platform connects Artists with Professionals, neither under Trackstack’s control; Trackstack does not guarantee any User’s quality, credibility or legitimacy and gives no endorsement; and you should make your own enquiries before engaging. The Elevate Store is a store and payment service: Trackstack acts only as an interface enabling Professionals to list, and Artists to buy, Professional Services and Products; Trackstack is not the supplier of those Professional Services or Products and accepts no responsibility for them or for any User’s actions. Each party engages at its own risk.
3 COMMISSIONS, PAYMENTS AND ANTI-CIRCUMVENTION
3.1 Payments in the Elevate Store are processed through the Online Payment Partner’s Stripe Connect service. To sell through the Elevate Store, a Professional must connect their own Stripe account and, as part of onboarding, agrees to the Stripe Connected Account Agreement (available at https://stripe.com/legal/connect-account), including the Stripe Services Agreement, which apply in addition to this agreement. Payments made by Artists settle directly to the Professional’s connected Stripe account. The Professional is the merchant of record for those transactions; customer payment and transaction data is processed and held by the Online Payment Partner and made available to the Professional, not held by Trackstack; and, as between the Professional and Trackstack, the Professional is an independent controller of that data and responsible for handling it in accordance with Data Protection Legislation.
3.2 Trackstack does not collect the gross payment and then pay it out. Instead, Trackstack retains a service fee (the Commission) as an application fee taken through Stripe Connect at the point of payment, as set out in Schedule 3, and the balance settles to the Professional. Trackstack does not otherwise receive or hold the transaction funds. Acceptance of the Stripe Connected Account Agreement, and compliance with the Online Payment Partner’s requirements, are conditions of selling through the Elevate Store.
3.3 Anti-circumvention. You must not engage with a User outside the Platform to arrange or provide Professional Services or Products that are also offered through the Elevate Store, and you will not seek to circumvent Trackstack for the sourcing or provision of them. Any engagement between Users that arises from an introduction on, or information obtained through, the Platform within 12 months of that introduction will be deemed facilitated by Trackstack, and a Commission will be payable in accordance with the Rules.
4 THE PROFESSIONAL’S COMMITMENTS
4.1 The Professional undertakes, warrants and represents to Trackstack and the relevant Artist that: the Professional Services will be performed, and any Products supplied, with all due skill and care, and provided professionally, openly, honestly, truthfully and fairly; the Professional will not misrepresent its experience, credentials or ability, or misdescribe any Product; the Professional, the Professional Services and any Products will at all times comply with all applicable laws, regulations, industry guidance, codes and best practice; and the Professional will not do or provide anything that would require Trackstack to obtain any further regulation, certification or approval from any authority or regulator.
4.2 The Professional further represents and warrants that: it holds all skills, qualifications, equipment, licences and rights necessary to provide the Professional Services and Products; in providing them it will not infringe any third party’s Intellectual Property Rights; any deliverables and Products will be the Professional’s original work or properly licensed; and it will keep confidential any unreleased Track or other material the Artist provides, and will not use it for promotional, portfolio, case-study or testimonial purposes without the Artist’s prior consent.
5 ELEVATE MINIMUM TERMS AND TRANSACTION RULES
5.1 The Elevate Minimum Terms are set out in Schedule 2. The Booking, Cancellation, Payment and Commission Rules applicable to Elevate transactions are set out in Schedule 3.
Schedules
Marketplace terms referenced in Parts C and D
Schedule 1 — Studio Minimum Terms
These Studio Minimum Terms govern the contract between a Studio Owner and a Studio Member for Content, benefits or access supplied through the Studio module. Trackstack is not a party to that contract.
1 APPLICATION
1.1 These terms govern the contract between the User supplying Content, benefits or access through the Studio module (the Studio Owner) and the User purchasing or subscribing to it (the Studio Member).
1.2 These terms apply to the extent the Studio Owner has not incorporated their own terms of business, and are otherwise amended to the extent of any inconsistency with the Studio Owner’s terms.
2 THE OFFERING AND FORMATION
2.1 The Studio Owner offers the Content, benefits or access described on the relevant Studio listing (the Studio Offering) at the price and on the basis (subscription or one-time) stated there.
2.2 A contract forms when the Studio Member completes payment (or, for a subscription, authorises the first payment) and Trackstack confirms the transaction.
3 PRICE, PAYMENT AND COMMISSION
3.1 The price is as stated on the listing. Payment is processed through the Online Payment Partner’s Stripe Connect service and settles directly to the Studio Owner’s connected Stripe account. Trackstack retains its Commission as an application fee taken at the point of payment in accordance with Schedule 3; Trackstack does not collect the gross payment or hold the funds. The Studio Owner is the merchant of record.
3.2 For subscriptions, the Studio Member is charged for each period in advance and the subscription renews automatically until cancelled in accordance with Schedule 3.
4 ACCESS AND DELIVERY
4.1 On a successful payment, the Studio Member is granted access to the Studio Offering as described on the listing. The Studio Owner is responsible for providing the Studio Offering as described and for the access period stated.
4.2 The Studio Owner may modify or withdraw a Studio Offering for the future, but must continue to provide access already paid for until the end of the paid period, unless otherwise agreed.
5 LICENCE TO THE STUDIO MEMBER
5.1 Unless the listing expressly states otherwise, the Studio Member receives a limited, personal, non-transferable and non-sublicensable licence to access and use the Studio Offering for their own personal or internal business use only. The Studio Member must not copy, redistribute, resell, publicly perform, broadcast or otherwise make the Studio Offering (or any downloadable element of it) available to any third party.
6 STUDIO OWNER WARRANTIES
6.1 The Studio Owner warrants that it holds all rights and permissions necessary to offer and supply the Studio Offering; that the Studio Offering is as described and lawful; and that the Studio Offering and its supply do not infringe any third party’s Intellectual Property Rights or other rights.
7 INTELLECTUAL PROPERTY
7.1 The Studio Owner retains all Intellectual Property Rights in the Studio Offering. Nothing in these terms transfers ownership to the Studio Member, who receives only the licence in clause 5.
8 REFUNDS, CANCELLATION AND DISPUTES
8.1 Studio purchases and subscriptions are not covered by Trackstack’s Refund Policy. Any refund is at the Studio Owner’s discretion and, where agreed, is processed and funded by the Studio Owner from their connected Stripe account. Trackstack does not itself pay or fund refunds, but may facilitate the refund mechanism through the Online Payment Partner and may pause payouts or hold amounts on the Studio Owner’s connected balance relating to a dispute until it is resolved. Nothing in this clause affects a Studio Member’s non-excludable statutory rights where they are a Consumer.
8.2 The Users will use reasonable efforts to resolve any dispute between them directly. Trackstack may, but is not obliged to, mediate. Chargebacks and payment disputes are handled through the Online Payment Partner against the Studio Owner’s connected balance.
9 LIABILITY
9.1 Each User is responsible for its own conduct and for the Studio Offering it supplies or uses. Nothing in these terms excludes or limits any liability that cannot be excluded or limited by law. Subject to that, neither User is liable to the other for indirect or consequential loss.
10 GOVERNING LAW
10.1 These terms are governed by the law of England and Wales, unless the Studio Owner’s own incorporated terms provide otherwise.
Schedule 2 — Elevate Minimum Terms
These Elevate Minimum Terms govern the contract between a Professional and a purchasing Artist for Professional Services and Products supplied through the Elevate Store. Trackstack is not a party to that contract.
1 APPLICATION
1.1 These terms govern the contract between the Professional supplying a Professional Service or Product and the Artist purchasing it through the Elevate Store.
1.2 They apply to the extent the Professional has not incorporated their own terms of business, and are otherwise amended to the extent of any inconsistency.
2 SCOPE AND PERFORMANCE
2.1 The Professional will provide the Professional Service or Product described in the relevant Elevate Listing (the Booking) at the price pre-set in that listing (which is fixed and not scoped or negotiated). Professional Services will be performed, and Products supplied, with all due skill and care and in accordance with the Professional’s commitments in Part D, and will conform to the description in the listing.
2.2 The deliverables, formats, number of revisions (for Services) and delivery timescales are as stated in the Booking.
3 FORMATION
3.1 A contract forms when the Artist purchases an Elevate Listing and pays or authorises payment via the Platform.
4 PRICE, PAYMENT AND COMMISSION
4.1 The price is the amount pre-set in the Elevate Listing. Payment is processed through the Online Payment Partner’s Stripe Connect service and settles directly to the Professional’s connected Stripe account. Trackstack retains its Commission as an application fee taken at the point of payment in accordance with Schedule 3; Trackstack does not collect the gross payment or hold the funds. The Professional is the merchant of record.
4.2 Because payment settles to the Professional at the point of sale, the acceptance and revision provisions in clause 5 govern the Artist’s remedies, and any refund is processed by the Professional in accordance with clause 8.
5 DELIVERY, ACCEPTANCE AND REVISIONS
5.1 For Products, the Professional makes the Product available to the Artist on purchase. For Professional Services, the Professional will deliver within the timescale stated in the Booking, and the Artist will review the deliverables and notify the Professional of acceptance or of any issues within the period stated in the Booking or, if none is stated, within 7 days of delivery, failing which the deliverables are deemed accepted.
5.2 For Professional Services, the Professional will provide the number of revisions stated in the Booking. Further revisions may be subject to additional fees agreed between the parties.
6 INTELLECTUAL PROPERTY
6.1 Service deliverables. On full payment for a Professional Service, the Professional assigns to the Artist, with full title guarantee and by way of present assignment of present and future Intellectual Property Rights, all Intellectual Property Rights in the deliverables created specifically for the Artist under the Booking, save for any pre-existing or third-party materials, tools or techniques (Background Materials). The Professional grants the Artist a non-exclusive, perpetual, worldwide, royalty-free licence to use any Background Materials to the extent necessary to use the deliverables. The Professional will, at the Artist’s reasonable request and cost, execute any documents and do any acts necessary to give effect to this assignment, and waives (to the extent permitted by law) any moral rights in the deliverables.
6.2 Products. For a Product, the Professional retains ownership and grants the purchasing Artist a limited, personal or internal-business, non-transferable and non-sublicensable licence to use the Product (including, for audio Products such as sample packs or stems, use within the Artist’s own musical productions), unless the listing expressly grants broader rights. The Artist must not redistribute, resell, share or otherwise make available the underlying Product files to any third party, nor represent them as their own for resale.
6.3 The Professional warrants that the deliverables and Products are its original work or properly licensed and do not infringe any third party’s rights.
7 CONFIDENTIALITY AND PORTFOLIO USE
7.1 The Professional will keep confidential any unreleased Track or other material the Artist provides, and will not use it for promotional, portfolio, case-study or testimonial purposes without the Artist’s prior consent. Where the Artist consents, such use must comply with applicable Data Protection Legislation.
8 CANCELLATION, REFUNDS AND DISPUTES
8.1 Elevate Store transactions are not covered by Trackstack’s Refund Policy. Any refund or compensation (including any fee due for work already performed on a Professional Service) is sought from, and where agreed is processed and funded by, the Professional from their connected Stripe account. Trackstack does not itself pay or fund refunds, but may facilitate the refund mechanism through the Online Payment Partner and may pause payouts or hold amounts on the Professional’s connected balance relating to a dispute until it is resolved. Nothing in this clause affects an Artist’s non-excludable statutory rights where they are a Consumer.
8.2 The parties will use reasonable efforts to resolve disputes directly; chargebacks and payment disputes are handled through the Online Payment Partner against the Professional’s connected balance. The anti-circumvention provisions in Part D, clause 3 apply.
9 LIABILITY
9.1 Nothing excludes liability that cannot be excluded by law. Subject to that, the Professional’s liability to the Artist for the Professional Services or Products is limited as stated in the Booking or the Professional’s own terms, and neither party is liable to the other for indirect or consequential loss.
10 GOVERNING LAW
10.1 These terms are governed by the law of England and Wales, unless the Professional’s own incorporated terms provide otherwise.
Schedule 3 — Booking, Cancellation, Payment and Commission Rules
1 APPLICATION
1.1 These Rules apply to all transactions in the Studio module and the Elevate Store and form part of the Studio Minimum Terms (Schedule 1) and the Elevate Minimum Terms (Schedule 2).
2 COMMISSION
2.1 Trackstack retains a commission of 5% of the gross transaction value on each transaction (the Commission), subject to a minimum of £0.49 and a maximum of £2.00 per transaction. The Commission, and the minimum and maximum, are inclusive of any applicable VAT. For transactions in other supported currencies, approximate equivalents of the minimum and maximum apply, as published on the Platform.
2.2 Minimum and maximum Commission by currency. The current minimum and maximum Commission for each supported currency is set out in the table below. These are approximate equivalents of the GBP figures, are maintained on the Platform, and may be updated to reflect exchange-rate movements; the version published on the Platform applies at the time of the transaction.
Currency | Minimum | Maximum |
GBP | 0.49 | 2.00 |
USD | 0.65 | 2.65 |
EUR | 0.55 | 2.35 |
CAD | 0.90 | 3.68 |
AUD | 0.98 | 4.02 |
JPY | 101.67 | 415 |
CHF | 0.52 | 2.14 |
CNY | 4.62 | 18.84 |
SEK | 6.13 | 25.04 |
NOK | 6.61 | 26.98 |
DKK | 4.19 | 17.10 |
NZD | 1.13 | 4.60 |
SGD | 0.85 | 3.46 |
HKD | 5.08 | 20.74 |
KRW | 958.93 | 3914 |
INR | 58.85 | 240.20 |
MXN | 11.87 | 48.46 |
BRL | 3.55 | 14.50 |
ZAR | 11.11 | 45.34 |
AED | 2.40 | 9.78 |
THB | 20.83 | 85.02 |
TRY | 27.79 | 113.42 |
PLN | 2.37 | 9.68 |
CZK | 13.62 | 55.60 |
HUF | 214.38 | 875 |
RON | 2.86 | 11.66 |
ILS | 2.10 | 8.58 |
CLP | 603.19 | 2462 |
PHP | 38.52 | 157.22 |
MYR | 2.69 | 10.96 |
2.3 The Commission is deducted before the balance is remitted to the Studio Owner or Professional.
3 PAYMENT COLLECTION AND PAYOUT
3.1 Payments are processed through the Online Payment Partner’s Stripe Connect service. Payments made by a buyer settle directly to the relevant seller’s connected Stripe account (the Studio Owner’s account in the Studio module, and the Professional’s account in the Elevate Store). Trackstack retains its Commission as an application fee taken at the point of payment and does not otherwise receive or hold the transaction funds. The seller is the merchant of record.
3.2 Payout of settled funds to the seller’s bank account is governed by the payout settings the seller configures in, and the payout schedule of, their own connected account with the Online Payment Partner. Trackstack does not control payout timing beyond taking the application fee at the point of payment and any pause or hold under clause 5.
4 CANCELLATION AND REFUNDS
4.1 Studio. Studio subscriptions and one-time purchases are not covered by Trackstack’s Refund Policy. Cancellation and any refund are at the Studio Owner’s discretion and in accordance with the Studio Owner’s own terms (Schedule 1, clause 8), and are processed by the Studio Owner. For subscriptions, a Studio Member may cancel future renewals via the Platform; access continues to the end of the paid period.
4.2 Elevate Store. Elevate Store transactions are not covered by Trackstack’s Refund Policy. Cancellation and any refund are handled by, and at the discretion of, the Professional in accordance with the Elevate Minimum Terms (Schedule 2, clause 8), and are funded by the Professional. In particular, Products (being digital goods delivered on purchase) are, unless the relevant listing states otherwise, non-refundable once downloaded or accessed, save where a refund is required by law; any other refund is at the Professional’s discretion.
4.3 Refunds are made by the seller to the original payment method through the Online Payment Partner. Where the Online Payment Partner does not return its payment-processing fee on a refund, that fee is borne by the seller whose transaction is refunded, except where the refund arises from Trackstack’s fault, in which case Trackstack bears it. Nothing in this clause affects a buyer’s non-excludable statutory rights where they are a Consumer.
5 DISPUTES, CHARGEBACKS AND HOLDS
5.1 Because funds settle directly to the seller’s connected account, chargebacks, payment disputes and any reversal are handled through the Online Payment Partner against the relevant seller’s connected balance, and Trackstack does not itself hold or retain transaction funds. Trackstack may, however, through the Online Payment Partner’s platform controls, pause payouts or place a hold or reserve on a seller’s connected balance in relation to a dispute, suspected fraud or chargeback until the matter is resolved.
6 TAXES
6.1 Each Studio Owner and Professional is responsible for accounting for its own taxes on amounts it receives.
7 CHANGES
7.1 Trackstack may update these Rules from time to time on reasonable notice via the Platform.