Terms of Use

1. Acceptance and Eligibility

1.1 Agreement to the Terms

You may use the Services only if you can form a binding contract with TrackOut and only in compliance with these Terms and applicable law. Your use of the Services constitutes acceptance of these Terms.

1.2 Minimum Age

You must be at least 13 years old to use the Services. If you are under the age of majority or contractual capacity where you live, you may use the Services only with permission from a parent or legal guardian who agrees to these Terms on your behalf. We may require age or identity verification where reasonably necessary or legally required.

1.3 Business or Organization Use

If you use the Services on behalf of a company, label, management company, collective, school, or other organization, you represent that you are authorized to bind that organization to these Terms. In that case, "you" includes that organization.

2. Accounts and Account Security

2.1 Account Information

Some features require a TrackOut account. You agree to provide accurate, current, and complete information and to keep that information updated. You may not impersonate another person or create an account using information you are not authorized to use.

2.2 Security

You are responsible for maintaining the confidentiality of your login credentials and for activity occurring under your account. Notify us promptly if you believe your account has been accessed without authorization. We are not responsible for losses caused by your failure to protect your account credentials.

2.3 Account Sharing and Transfer

Unless a plan or feature expressly permits team access, your account is personal to you and may not be sold, rented, transferred, or shared in a manner that bypasses plan limits, license limits, or security controls.

3. The Services and Platform License

3.1 What TrackOut Provides

TrackOut provides tools that may include a curated beat library, beat previews, song-section or structure tools, tempo and pitch controls, stems preview or playback controls, project saving, vocal recording and editing, audio effects, lyrics tools, exports, downloads, license claims, and other music-creation features. Features may vary by plan, device, region, or release stage.

3.2 Limited Right to Use the Platform

Subject to these Terms and payment of any applicable fees, TrackOut grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Services for their intended purpose. This platform license does not grant you ownership of the Services, the software, the Beat library, stems, previews, or any other TrackOut Materials.

3.3 No Implied Rights

Any rights not expressly granted to you are reserved by TrackOut and its licensors. Access to a Beat, preview, STEMS, or project inside the Services does not itself grant a commercial music license. A Beat may be commercially used only when the required Beat License has been validly issued or another written permission expressly applies.

4. Plans, Subscriptions, Billing, and Cancellation

4.1 Free and Paid Plans

TrackOut may offer free and paid plans with different limits, features, download rights, license-claim allowances, storage limits, support levels, or catalog access. The plan details shown at the time of purchase or use are incorporated into these Terms.

4.2 Recurring Billing

If you purchase a recurring subscription, you authorize TrackOut and its payment provider to charge the applicable subscription fee, taxes, and disclosed charges to your selected payment method at the beginning of each billing period until you cancel. Subscription prices may change prospectively after reasonable notice, subject to applicable law.

4.3 Cancellation

You may cancel a recurring subscription through the account or billing settings made available by TrackOut. Unless stated otherwise, cancellation stops future renewals and your paid access continues through the end of the current paid billing period. Cancellation does not invalidate Beat Licenses that were validly issued before cancellation, subject to the applicable Beat License Agreement.

4.4 Refunds

Fees are non-refundable except where required by law or expressly stated in a TrackOut Refund Policy or purchase terms. If a payment is reversed, charged back, fraudulent, or otherwise invalidated, TrackOut may suspend related paid features and may invalidate license claims that were obtained through the invalid payment.

4.5 Taxes and Payment Providers

You are responsible for applicable taxes unless TrackOut is legally required to collect them. Payments may be processed by third-party payment providers whose additional terms and privacy practices may apply.

5. Beat Library, Previews, and License Claims

5.1 Beats and Previews

The Services may allow you to stream, preview, customize, arrange, or audition Beats and stems before licensing. Preview access is for evaluation and creation inside the Services and does not, by itself, authorize external release, monetization, distribution, resale, synchronization, or other exploitation.

5.2 License Claim Required

Where TrackOut requires a license claim for a Beat, your right to commercially exploit that Beat begins only after a valid license claim is completed and a Beat License is issued to your account. Plan access, project saving, preview playback, or possession of an audio file does not replace the required license claim.

5.3 License Records and Authenticity

Each Beat License may be associated with a unique license ID, user ID, Beat ID, issue date, plan or entitlement, and other verification data. TrackOut's server-side license records are the authoritative record of whether a license was validly issued. A copied, edited, forged, altered, or independently created PDF, screenshot, receipt, or license document does not create rights that do not exist in TrackOut's records.

5.4 No Retroactive or Unauthorized Claims

You may not claim a Beat on behalf of another person, create or manipulate license records, bypass claim limits, backdate a license, or use another user's license. A Beat License is valid only for the person or entity identified in the license and only under the terms stated in that license.

5.5 Availability of Beats

A Beat may be removed, restricted, corrected, replaced, or made unavailable for future licensing due to rights issues, catalog changes, legal requests, quality control, or other reasons. Removal of a Beat from the catalog does not automatically terminate a previously valid Beat License unless the applicable Beat License Agreement, law, or a rights dispute requires otherwise.

6. Beat Licenses and Ownership

6.1 Beats Are Licensed, Not Sold

Unless a written agreement expressly states otherwise, Beats, stems, and related producer materials are licensed, not sold. TrackOut and/or the applicable rights holder retains ownership of the underlying Beat, composition, sound recording, stems, producer materials, and associated intellectual property. You receive only the rights expressly granted by the applicable Beat License.

6.2 Non-Exclusive Nature

Unless a Beat License expressly states that it is exclusive, Beat Licenses are non-exclusive. The same or similar Beat may be licensed to multiple users. You acknowledge that other users may lawfully create and release different songs using the same Beat under their own licenses.

6.3 Royalty-Free Meaning

Where a Beat License describes a Beat as "royalty-free," this means that, subject to your compliance with that Beat License, you are not required to pay TrackOut or the applicable Beat licensor additional usage royalties or revenue share solely for uses expressly permitted by that license. "Royalty-free" does not mean "copyright-free," does not transfer ownership of the Beat to you, and does not eliminate obligations that may arise from your own vocals, collaborators, separately licensed third-party material, distributor fees, collecting societies, or laws applicable to your release.

6.4 Ownership of Your Original Contributions

As between you and TrackOut, you retain ownership of original vocals, lyrics, melodies, performances, artwork, and other original material you contribute to a project, subject to any separate agreements you have with collaborators or third parties. Your ownership of those contributions does not give you ownership of the underlying Beat.

6.5 No Endorsement or Producer Impersonation

A Beat License does not give you permission to use a producer's, artist's, composer's, or rights holder's name, image, likeness, trademark, or identity in a way that falsely implies endorsement, featured-artist participation, collaboration, authorship, or sponsorship unless separately authorized.

7. Restrictions on Beat and Stems Use

The following restrictions apply to TrackOut Beats and stems unless the applicable Beat License expressly provides otherwise. The Beat License Agreement may contain additional, more specific permissions and restrictions for a particular Beat.

7.1 Release and Distribution Rules

You may not release or distribute a TrackOut Beat as an instrumental-only audio recording that is identical or substantially similar to the original Beat. Any audio-only release distributed to a digital streaming or distribution platform (DSP) must include a vocal performance as part of the resulting song.

Instrumental-only use is permitted as background music when the Beat is synchronized with visual content, such as a video, film, advertisement, livestream, presentation, game, or other audiovisual work, subject to the applicable Beat License.

7.2 Resale, Redistribution, and Partial Stems Use

You may not sell, resell, sublicense, relicense, redistribute, or otherwise provide a Beat or its stems as a beat, instrumental, backing track, production asset, sample, loop, stems pack, or other standalone or substantially isolated music asset.

You may use one or more partial stems from a licensed Beat to create a New Composition, provided that the resulting work incorporates those elements into a new musical work and is not used to resell, redistribute, reconstruct, or make available the original Beat or its stems as production assets. Any such use remains subject to the applicable Beat License.

7.3 AI Training and Model Development

You may not use TrackOut Beats, stems, previews, metadata, catalog materials, or other TrackOut Materials to train, fine-tune, develop, supply training data to, or create datasets for any artificial intelligence or machine-learning model or system unless TrackOut expressly authorizes that use in writing.

7.4 Other Restrictions

Unless the applicable Beat License expressly allows otherwise, you may not:

• repackage Beats or stems into sample packs, loop libraries, sound libraries, producer kits, DAW templates, presets, stock-audio libraries, competing beat libraries, or similar products;
• claim authorship or ownership of the underlying Beat or producer-owned musical material;
• remove, circumvent, disable, or defeat watermarks, audio tags, access controls, download restrictions, plan limits, license-claim limits, or technical protection measures;
• use automated scraping, bots, scripts, or bulk-download tools to extract Beats, stems, metadata, artwork, or other catalog materials;
• register the underlying Beat itself as your copyright, publishing work, master, or exclusive property; or
• use the Beat in any manner prohibited by the Beat License Agreement or applicable law.

7.5 Content ID and Automated Fingerprinting

Because non-exclusive Beats may be licensed to multiple users, you may not register, enroll, or submit a TrackOut Beat, stems, or a song incorporating a TrackOut Beat into YouTube Content ID, Meta Rights Manager, TikTok or other automated audio-fingerprinting, rights-management, or claiming systems if doing so could create claims, blocks, monetization conflicts, takedowns, or restrictions against TrackOut, the Beat rights holder, or other valid licensees. An applicable Beat License may provide additional or different rules. If a platform automatically enrolls your release, you are responsible for opting out or resolving conflicting claims where required.

7.6 No Exclusivity by Registration

You may not use copyright registration, distributor tools, publishing administration, fingerprinting, metadata, or platform claims to convert a non-exclusive Beat License into de facto exclusivity or to interfere with another licensee's lawful use.

8. User Content and Projects

8.1 Your Content

"User Content" includes vocals, recordings, lyrics, audio files, images, project data, text, metadata, and other material you upload, record, create, submit, or store through the Services, excluding TrackOut Materials and Beats supplied by TrackOut.

8.2 Your Responsibility

You are responsible for your User Content and for obtaining all rights, licenses, permissions, releases, and consents necessary to upload, process, edit, store, export, distribute, or otherwise use it. Do not upload material you do not have the right to use.

8.3 Rights Warranty

You represent and warrant that your User Content and your use of it through the Services will not infringe or violate copyrights, trademark rights, privacy rights, publicity rights, contractual rights, or other rights of any person or entity, and will not violate applicable law.

8.4 Collaborators

If your project includes collaborators, you are responsible for obtaining any agreements needed regarding ownership, credits, splits, royalties, approvals, and release rights. TrackOut is not a party to those agreements unless expressly stated in writing.

8.5 Backups

You should maintain your own backup copies of important recordings, stems, lyrics, and project files. TrackOut is not intended to be your sole archival storage system.

9. License You Grant TrackOut for User Content

9.1 Service License

You retain ownership of your User Content. You grant TrackOut a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transcode, process, modify solely as technically necessary, transmit, display, and otherwise use your User Content only as reasonably necessary to operate, secure, improve, troubleshoot, and provide the Services to you, including generating previews, applying effects, saving projects, creating exports, and delivering requested functionality.

9.2 Public or Shared Features

If you choose to publish or share User Content through a public, collaborative, or share-link feature, you also grant TrackOut the rights reasonably necessary to display, stream, transmit, and make that User Content available to the audience you select, for as long as you keep it shared or as otherwise required to operate the feature.

9.3 No Transfer of Ownership

The license in this Section does not transfer ownership of your User Content to TrackOut. Except for technical copies, backups, legal retention, fraud prevention, or content already shared with others, this license will end within a commercially reasonable period after the relevant User Content is deleted or your account is terminated.

10. Intellectual Property and TrackOut Materials

10.1 TrackOut Materials

The Services, software, interfaces, designs, databases, search systems, structure tools, trademarks, logos, text, graphics, metadata, documentation, and other materials provided by TrackOut, together with Beats and stems where TrackOut or its licensors own or control the rights (collectively, "TrackOut Materials"), are protected by intellectual property and other laws.

10.2 Restrictions on the Services

You may not copy, modify, distribute, sell, lease, reverse engineer, decompile, disassemble, attempt to extract source code from, create unauthorized derivative services from, or commercially exploit the Services or TrackOut Materials except as expressly permitted by these Terms, the applicable Beat License, or mandatory law.

10.3 Feedback

If you voluntarily provide suggestions, ideas, or feedback about TrackOut, you grant us a worldwide, perpetual, irrevocable, royalty-free right to use that feedback without restriction or compensation, provided we do not claim ownership of any underlying music or User Content included only for context.

11. Copyright Complaints and Rights Disputes

11.1 Rights Complaints

TrackOut respects intellectual property rights. If you believe content available through the Services infringes your rights, you may submit a notice through the copyright or legal contact method published by TrackOut. We may remove or restrict content while a claim is reviewed and may request information reasonably necessary to evaluate the complaint.

11.2 Repeat or Serious Infringement

TrackOut may suspend or terminate accounts that repeatedly or seriously infringe intellectual property rights or submit fraudulent rights claims, consistent with applicable law and our policies.

11.3 Beat Rights Disputes

If a Beat becomes subject to a credible ownership, sample-clearance, copyright, or licensing dispute, TrackOut may temporarily disable new claims, restrict access, request evidence, or take other reasonable steps while the issue is investigated. Where appropriate, TrackOut may provide affected users with instructions, replacement options, or other remedies described in the applicable Beat License or policy.

12. Prohibited Conduct

You may not use the Services to:

• violate any law, regulation, court order, contractual obligation, or third-party right;
• upload, distribute, or exploit material you do not have permission to use;
• commit fraud, payment abuse, chargeback abuse, identity misuse, or license manipulation;
• harass, threaten, exploit, deceive, defame, or unlawfully discriminate against others;
• upload malware, malicious code, or content designed to interfere with the Services or other users;
• probe, scan, test, bypass, or exploit security, authentication, rate limits, technical restrictions, or access controls without authorization;
• scrape, harvest, crawl, index, or systematically collect catalog data or user data except through an authorized API or written permission;
• use the Services or TrackOut Materials to train, fine-tune, develop, or supply training data or datasets to any artificial intelligence or machine-learning model or system without written authorization;
• misrepresent your identity, license status, authorship, ownership, producer affiliation, or rights in any Beat; or
• encourage or assist another person to do any of the above.

13. Third-Party Services and Distribution Platforms

The Services may link to or interoperate with third-party services such as payment processors, cloud providers, social platforms, distributors, streaming services, or analytics providers. TrackOut does not control those third parties and is not responsible for their independent terms, policies, availability, content moderation, monetization decisions, or rights-management systems. Your use of a third-party service may be subject to separate terms.

You are responsible for ensuring that your release complies with the requirements of your distributor, DSP, social platform, publisher, PRO, collection society, label, or other third party. A TrackOut Beat License does not guarantee that a third-party service will accept, monetize, distribute, or keep your release available.

14. Service Availability, Changes, and Beta Features

14.1 Changes to the Services

We may add, modify, suspend, or discontinue features, catalog content, plan limits, integrations, or portions of the Services. Where a material change adversely affects an active paid subscription, we will provide notice where required by law or reasonably practicable.

14.2 Beta and Early Access

Some features may be labeled beta, preview, experimental, or early access. Those features may be incomplete, change without notice, contain errors, or be discontinued. You use beta features at your own risk, subject to applicable law.

14.3 Maintenance and Outages

We aim to provide reliable access but do not guarantee uninterrupted or error-free operation. Maintenance, network failures, third-party outages, security events, or other circumstances may temporarily affect availability.

15. Suspension and Termination

15.1 By You

You may stop using the Services at any time and may close your account using available account controls or by contacting TrackOut. Closing an account does not automatically cancel obligations that accrued before closure.

15.2 By TrackOut

We may restrict, suspend, or terminate your account or access to specific features if we reasonably believe you have violated these Terms, infringed rights, engaged in fraud or abuse, created security risk, failed to pay amounts due, or used the Services in a manner that may harm TrackOut, rights holders, users, or third parties. Where appropriate and legally required, we may provide notice or an opportunity to appeal.

15.3 Effect on Beat Licenses

Termination of your TrackOut account does not automatically revoke a validly issued Beat License during its ten (10) year term commencing on the date of issuance, unless the Beat License itself provides otherwise or the license was obtained through fraud, manipulation, invalid payment, material breach, or another circumstance that permits revocation. You should retain a copy of your license records for your files.

15.4 Survival

Sections that by their nature should survive termination will survive, including provisions concerning ownership, license restrictions, accrued payment obligations, disclaimers, liability, indemnification, dispute resolution, and general legal terms.

16. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND TrackOut MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE." TrackOut DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

TrackOut DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, ERROR-FREE, OR COMPATIBLE WITH EVERY DEVICE OR THIRD-PARTY PLATFORM; THAT EVERY BEAT WILL REMAIN AVAILABLE; OR THAT USE OF A BEAT WILL GUARANTEE COMMERCIAL SUCCESS, DISTRIBUTOR ACCEPTANCE, MONETIZATION, CHART PERFORMANCE, OR FREEDOM FROM THIRD-PARTY CLAIMS CAUSED BY YOUR OWN CONTENT OR ACTIONS. NOTHING IN THESE TERMS EXCLUDES WARRANTIES OR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TrackOut AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, CONTENT, OR OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TrackOut'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO TrackOut FOR THE SERVICES DURING THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) [LIABILITY FLOOR, E.G. USD 100]. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

18. Indemnification

To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless TrackOut and its affiliates, officers, directors, employees, contractors, licensors, and service providers from claims, liabilities, damages, losses, and reasonable costs (including legal fees) arising from or related to: (a) your User Content; (b) your breach of these Terms or a Beat License; (c) your infringement or violation of another person's rights; (d) your misuse of the Services; or (e) your fraud or unlawful conduct. TrackOut reserves the right to control the defense of a matter subject to indemnification, and you agree to cooperate reasonably with that defense.

19. Governing Law and Dispute Resolution

19.1 Governing Law

These Terms are governed by the laws of [GOVERNING LAW / JURISDICTION], without regard to conflict-of-law rules, except to the extent mandatory consumer law in your place of residence provides otherwise.

19.2 Courts / Arbitration

Any dispute arising out of or relating to these Terms or the Services will be resolved through [COURTS OR ARBITRATION MECHANISM TO BE SELECTED BY COUNSEL]. The final version of this Section should specify venue, arbitration rules if any, class-action treatment if legally permitted, opt-out rights if required, and any mandatory pre-dispute notice procedure.

19.3 Consumer Rights

Nothing in these Terms limits rights or remedies that cannot lawfully be limited or waived under applicable consumer-protection law.

20. Changes to These Terms

We may revise these Terms from time to time. If a change is material, we will provide reasonable notice through the Services, by email, or by another appropriate method before the change becomes effective where required by law. The updated Terms will identify the date of the latest revision. Your continued use of the Services after the effective date of revised Terms constitutes acceptance to the extent permitted by law.

21. Electronic Communications

You agree that TrackOut may provide agreements, notices, disclosures, receipts, license records, and other communications electronically, including through the Services or by email. You are responsible for keeping your account email address current. Marketing communications are subject to applicable consent and unsubscribe requirements.

22. General Terms

22.1 Entire Agreement

These Terms, together with the policies and agreements expressly incorporated by reference, constitute the entire agreement between you and TrackOut regarding the Services, except for any separate written agreement signed by authorized representatives of both parties.

22.2 Order of Precedence

If there is a conflict between these Terms and a feature-specific agreement, the feature-specific agreement controls only for that feature. If there is a conflict between these Terms and a Beat License Agreement regarding use of a licensed Beat, the Beat License Agreement controls for that Beat.

22.3 Assignment

You may not assign or transfer the rights and obligations under this Agreement, your account, or a Beat License except where the applicable Beat License expressly permits it. TrackOut may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, or similar corporate transaction, subject to applicable law.

22.4 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in effect, and the unenforceable provision will be enforced to the maximum extent permitted by law or replaced by an enforceable provision that most closely reflects its purpose.

22.5 No Waiver

A failure to enforce any provision of these Terms is not a waiver of that provision or any other right.

22.6 Force Majeure

TrackOut will not be responsible for delay or failure caused by events beyond its reasonable control, such as natural disasters, war, civil unrest, government action, labor disputes, internet or cloud-service failures, widespread outages, or similar events, except where applicable law provides otherwise.

23. Contact Information

TrackOut is operated by [TrackOut LEGAL ENTITY NAME].

Registered / business address: [BUSINESS ADDRESS]

General support: [support@trackout.io OR CONFIRMED SUPPORT EMAIL]

Legal / copyright notices: [LEGAL OR COPYRIGHT EMAIL]

Website: https://trackout.io

24. Definitions

“Beat” an instrumental musical work, sound recording, production, or related audio made available through TrackOut, including any versions identified as the same licensable Beat.

“Beat License” the license agreement or license record issued by TrackOut that sets out the rights and restrictions applicable to a specific Beat claim.

“Claim" or "License Claim” the in-service action that validly allocates or issues a Beat License to an eligible user account.

“Services” the TrackOut websites, applications, music tools, beat library, vocal tools, project features, downloads, licensing systems, and related services that link to these Terms.

“DSP” a digital service, streaming service, music store, distributor, or similar platform used to release or distribute audio recordings to listeners.

“New Composition” a new musical work or recording that incorporates permitted elements of a licensed Beat or partial stems and is not merely a resale, redistribution, or substantially identical instrumental reproduction of the original Beat.

“Stems” an individual or grouped audio component of a Beat, such as drums, bass, instruments, vocals, effects, or other separated production elements.

“TrackOut Materials” materials owned or controlled by TrackOut or its licensors, including the Services, software, designs, Beats, stems, previews, metadata, trademarks, and related proprietary materials, excluding User Content.

“User Content” content you upload, record, create, submit, or store through the Services, excluding TrackOut Materials and Beats supplied by TrackOut.

“you" or "User” the individual or entity accessing or using the Services.