Terms of Service
Contents
- Definitions
- Acceptance of Terms
- Eligibility and Account Responsibility
- Service Scope
- No Legal Advice; Copyright Filing Limits
- Orders, Intake, and Turnaround
- Fees, Payment, Taxes, and Refund Policy
- Revisions and Acceptance
- Customer Content and Rights
- Portfolio and Testimonial Consent
- Acceptable Use
- Intellectual Property
- Copyright Complaints
- Confidentiality and Privacy
- Service Availability and Third-Party Tools
- Disclaimers
- Limitation of Liability
- Indemnification
- Suspension and Termination
- Governing Law and Dispute Resolution
- Changes to Terms
- Contact Information
Definitions
For the purposes of these Terms of Service:
- Client means the individual, company, label, manager, representative, or other legal entity that requests, purchases, authorizes, or receives Services from Maxcren Music Services.
- Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Maxcren Music Services.
- Country refers to: South Carolina, United States
- Device means any device that can access the Service such as a computer, a cell phone or a digital tablet.
- Service refers to the Website.
- Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to Maxcren Music Services, accessible from maxcren.com.
- You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
1. Acceptance of Terms
By accessing this Website, requesting a quote, submitting files, placing an order, making payment, or otherwise using any Maxcren Music Services offering, You acknowledge that You have read, understood, and agree to these Terms and to our Privacy Policy.
If You are using the Services on behalf of a Company, label, management entity, or other organization, You represent and warrant that You have authority to bind that entity to these Terms.
2. Eligibility and Account Responsibility
- You must be at least the age of legal majority in Your jurisdiction to enter into this agreement.
- You are responsible for maintaining confidentiality of any account credentials used with the Services.
- You are responsible for all activity performed under Your account or access credentials.
- For copyright filing services, You represent that Your work qualifies for U.S. copyright protection, either because You are a national or domiciliary of a Berne Convention or Universal Copyright Convention member country, or because the work was first published in such a country. If Your country is not party to a copyright treaty with the United States, You are responsible for confirming eligibility before submitting.
3. Service Scope
3.1 Mixing and Mastering Services
We provide audio post-production Services, which may include (as purchased): stereo mastering, mix plus master, project-level finishing, and iterative revisions.
3.2 Copyright Filing Assistance
We may provide administrative support in preparing and submitting copyright filing materials based on information You provide, subject to eligibility rules of the applicable office and platform requirements. Our assistance is limited to the scope shown in the applicable order or written quote and does not include legal advice, legal opinions, ownership determinations, dispute resolution, or a guarantee that a filing will be accepted.
We accept clients regardless of nationality or country of residence. Nationals of countries party to the Berne Convention, the Universal Copyright Convention, or a bilateral copyright treaty with the United States are generally eligible for U.S. copyright registration. You represent and warrant that You have confirmed, or will confirm with qualified counsel if necessary, that Your work is eligible for U.S. copyright protection before or at the time of submission. For clients in non-treaty countries, eligibility depends on whether the work was first published in the United States or another treaty country; if uncertain, note it during intake and we will verify eligibility before filing.
3.3 Service Modifications
We may modify features, workflows, or Service offerings at any time to improve quality, security, legal compliance, or operational reliability.
4. No Legal Advice; Copyright Filing Limits
Maxcren Music Services is not a law firm and does not provide legal advice, legal strategy, or legal representation. Any service communications are informational and administrative only.
You remain solely responsible for legal decisions regarding authorship, ownership, splits, publication status, chain-of-title, and registration strategy. If legal interpretation is required, You should consult licensed counsel.
We do not guarantee acceptance of any filing by governmental or third-party agencies and are not responsible for rejection based on inaccurate, incomplete, conflicting, or ineligible information supplied by You or Your collaborators.
If a copyright registration is rejected, Maxcren Music Services will notify the Client promptly and provide the reason or reasons for the rejection to the extent communicated by the Copyright Office or other applicable registration authority.
Where the rejection is caused solely by a missing item, file-format issue, or clerical error within the originally agreed scope and based on information You supplied, Maxcren Music Services will make one reasonable corrective submission without an additional service fee. This does not cover ownership disputes, inaccurate or newly changed facts, eligibility questions, agency decisions, expanded filing scope, or work requiring legal analysis. Any additional work requires notice and Your approval before fees are charged.
If the filing cannot reasonably be corrected or completed, Maxcren Music Services will apply the refund terms in Section 6.3. Government filing fees and other third-party charges already paid or incurred may be non-refundable where the applicable provider does not return them.
No attorney-client relationship is formed by use of this Site or any of our Services. Maxcren Music Services does not prepare, draft, or provide legal documents of any kind, including ownership transfer agreements, rights assignment agreements, licensing agreements, or similar instruments. Any request for such documents should be directed to a licensed attorney.
5. Orders, Intake, and Turnaround
- Quotes are estimates unless expressly identified as final and accepted.
- Turnaround estimates are targets, not guaranteed deadlines, and may change based on queue volume, file quality, technical problems, or scope changes.
- You agree to provide complete and accurate intake details and source files suitable for processing.
- If required files are missing, corrupted, password-protected, or otherwise unusable, delivery timelines are tolled until corrected materials are provided.
6. Fees, Payment, Taxes, and Refund Policy
6.1 Fees and Billing
Fees are as listed on the Site, in approved quotes, or in written order confirmations. You authorize us to charge approved payment methods for purchased Services.
6.2 Taxes
You are responsible for all applicable taxes, duties, and governmental charges except taxes on our net income.
6.3 Refunds
You may request cancellation by emailing support@maxcren.com. Before work begins, we will refund amounts paid for the cancelled Service, less any non-refundable third-party fees that You approved or that were already incurred. After work begins, refunds are limited to the portion of the Service not performed, less non-refundable third-party fees, unless applicable law requires a different result or the applicable service agreement states otherwise.
For audio Services, if You report a material failure to follow the agreed written brief within fourteen (14) days after delivery, we will review the report and, where reasonably possible, correct the affected work through the included revision process. A refund or credit may be available for an unresolved material failure, subject to the liability limits and mandatory rights that apply by law.
For copyright registration assistance, the correction and resubmission terms in Section 4.2 and Section 5 apply. Government filing fees and other third-party charges already paid or incurred may be excluded from any refund. We will communicate the refund basis in writing.
6.4 What we will redo, and what is not a refund
Taste is subjective. Disliking a creative direction after we followed Your written brief is handled through the included revision rounds, not as an automatic full refund. If we missed a written instruction in the brief, we will recut that work at no extra charge within the revision window. We do not offer unlimited unpaid work, a “pay only if you like it” model, or a refund because a third-party playlist, label, or algorithm did not pick up the release.
6.5 Chargebacks
You agree to contact us first to resolve billing issues. Fraudulent or bad-faith chargebacks may result in suspension of Services and legal recovery efforts.
7. Revisions and Acceptance
Unless a different written agreement applies, standard single-song orders include 1 revision round; Pro subscriptions include 3 revision rounds for the same song/project within the original scope. Scope-expanding requests may require additional fees. Bundle related notes into each round for the fastest turnaround.
Final acceptance occurs when You approve final files, release them publicly, or fail to respond within a commercially reasonable period after final delivery.
Included revision rounds cover mix or master notes that stay inside the original scope (balance, loudness, tone, and similar finishing). New songs, new stems, arrangement changes, or a different genre target are a new order or a written change order.
8. Customer Content and Rights
You retain ownership of Your original content. You grant us a non-exclusive, worldwide, royalty-free, limited license to host, reproduce, modify, and process submitted content solely to perform the requested Services, quality control, security checks, and backups.
For mixing and mastering services, we retain uploaded project files, working materials, and delivered masters for 24 months after delivery or final project closure so we can support revisions, re-download requests, and follow-up service. After that retention period, we may delete those files from active systems.
For copyright-registration services, we may retain filing records tied to the request indefinitely for audit, dispute, compliance, and client-support purposes. Those records can include authorization forms and any submission confirmations or eCO receipt records that You upload to the portal or that we store with Your request.
You remain responsible for keeping Your own archival copies. Storage through our infrastructure providers may include redundancy or disaster-recovery safeguards, but it is not a guaranteed personal backup or long-term archival service for You.
You represent and warrant that:
- You own or control all rights necessary to submit and authorize processing of the content.
- Your content does not infringe intellectual property, privacy, publicity, or contractual rights of any third party.
- Any collaborator, songwriter, producer, label, publisher, or rights-holder with an interest has authorized the submission and requested scope.
9. Portfolio and Testimonial Consent
We will not publicly use Your track, master, stems, artwork, name, likeness, project details, or testimonial for marketing merely because You submitted them for Services. A separate affirmative opt-in is required.
If You select the showcase option in the dashboard or provide equivalent written consent, You grant Maxcren Music Services a non-exclusive, worldwide, royalty-free license to display and share the specifically identified track or excerpt, before-and-after audio, artwork, project title, artist or business name, and approved testimonial text solely in Maxcren's portfolio, testimonial library, website, social channels, case studies, and promotional materials. We may edit a testimonial for length or grammar without changing its meaning.
You represent that You have authority to grant this permission for all relevant rights-holders. You may withdraw future permission by emailing support@maxcren.com with the project details. We will stop new uses within a reasonable period after receiving the request, but withdrawal does not require removal of materials already printed, distributed, archived, or published by third parties.
Unless we agree otherwise in writing, this permission is unpaid and does not transfer ownership of Your content. We will not use the consent as permission to sell or license Your music to unrelated third parties.
10. Acceptable Use
You agree not to use the Services to submit, store, distribute, or request processing of unlawful, abusive, fraudulent, or rights-infringing material. Prohibited behavior includes attempts to interfere with platform security, reverse engineer systems, distribute malware, or abuse support channels.
We may remove content and suspend Services for policy violations, legal risk, or credible abuse reports.
11. Intellectual Property
Except for Your content, all site elements, branding, design, workflows, and materials are owned by Maxcren Music Services or its licensors and protected by applicable intellectual property laws.
No license is granted except as expressly stated in these Terms.
12. Copyright Complaints
If You believe content submitted through our Services infringes Your rights, send a written notice with sufficient detail for identification and verification. We may remove or disable disputed content and take other actions required by applicable law.
13. Confidentiality and Privacy
We treat submitted project files and related communications as confidential and use commercially reasonable administrative, technical, and organizational safeguards. We may disclose information to service providers that help us host, process, secure, deliver, or support the Services, subject to appropriate confidentiality obligations. However, no transmission or storage system is absolutely secure, and we cannot guarantee that unauthorized access will never occur.
Our handling of personal data is described in our Privacy Policy, which is incorporated by reference into these Terms.
14. Service Availability and Third-Party Tools
Services may depend on third-party providers including hosting, email, payment processors, file storage, and analytics. We are not liable for third-party outages, latency, suspension, policy changes, or data loss outside our reasonable control.
Maintenance, updates, or emergencies may temporarily affect availability. You must maintain an independent copy of every file before upload and after delivery. If we learn of a security incident affecting Your personal information, we will provide notices required by applicable law.
We are not liable for delay or failure caused by events outside reasonable control, including internet or power outages, hosting or payment-processor incidents, labor disputes, natural disasters, government action, or third-party copyright-office downtime.
15. Disclaimers
To the maximum extent permitted by law, Services are provided on an "as is" and "as available" basis, without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, or error-free operation.
We do not warrant specific commercial outcomes, chart performance, audience growth, playlist placement, legal outcome, or filing acceptance.
We do not use Your uploaded audio to train third-party generative AI models. Working copies exist only to perform the requested Service, quality control, security, and the retention period in Section 8.
16. Limitation of Liability
To the maximum extent permitted by law, Maxcren Music Services and its owners, contractors, and affiliates will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, lost goodwill, or business interruption.
To the maximum extent permitted by law, our total aggregate liability for direct damages arising out of or related to a Service will not exceed the amount You paid us for that specific Service during the twelve (12) months before the event giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud, fraudulent misrepresentation, willful misconduct, or other liability that applicable law makes non-waivable. Nothing limits Your rights as a consumer under mandatory law. The exclusions and cap do not apply to Your payment obligations or to Your indemnification obligations to the extent permitted by law.
16. Indemnification
You agree to indemnify and hold harmless Maxcren Music Services and its owners, contractors, and affiliates from third-party claims, liabilities, damages, losses, and reasonable attorneys' fees arising out of:
- Your content and its use within scope of Your instructions.
- Your breach of these Terms.
- Your violation of any third-party rights or law.
- Claims that submitted material infringes copyright, neighboring rights, publicity, or trademark, or that You lacked authority from collaborators, labels, or sample owners.
You must promptly notify us of any covered claim, provide reasonable cooperation, and allow us to control the defense and settlement. We will not settle a claim in a way that admits Your liability or imposes a non-monetary obligation on You without Your consent. This indemnity does not apply to the extent a claim results from Maxcren's own negligence, willful misconduct, or breach of these Terms.
18. Suspension and Termination
We may suspend or terminate access immediately for policy violations, fraud risk, non-payment, abuse, legal compliance obligations, or security concerns. You may stop using the Service at any time, but payment obligations for work performed remain due.
19. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of South Carolina, without regard to conflict-of-law rules. Before formal legal action, each party must give the other written notice describing the dispute and allow at least thirty (30) days for good-faith informal resolution.
If a dispute cannot be resolved informally, the parties consent to the exclusive jurisdiction and venue of the state courts located in South Carolina or, where federal jurisdiction applies, the federal courts located in South Carolina, except where mandatory consumer law requires a different forum.
Nothing in this section prevents either party from seeking injunctive or equitable relief where appropriate.
20. Changes to Terms
We may update these Terms periodically. Updated versions become effective when posted, unless a later effective date is stated. Continued use of Services after changes means You accept the updated Terms.
21. Contact Information
For legal notices or Terms questions:
- Email: support@maxcren.com
When contacting us, include sufficient details (name, service, date, and issue summary) so we can respond accurately.