Terms of Service

These Terms of Service (the “Terms” or “Agreement”) are made and entered into by and between you (“User”, “you” or “your”) and Fulltime Hitmaker, Inc., a Delaware corporation (referred to in these Terms as “Company”, “we”, “us” or “our”) for the use of the website https://www.fulltimehitmaker.com, any site or sub-site hosted thereon, and any mobile application or other software provided by us (collectively, the “Platform”).

BEFORE YOU PROCEED, PLEASE READ THESE TERMS OF USE CAREFULLY. THIS AGREEMENT CONTAINS WARRANTY AND LIABILITY DISCLAIMERS. BY USING, ACCESSING, OR LOGGING INTO OUR PLATFORM, OR DOWNLOADING ANY CONTENT THEREON, YOU ACCEPT AND AGREE TO THE TERMS AND CONDITIONS HEREOF WITHOUT ANY MODIFICATIONS, ADDITIONS OR DELETIONS. YOU AGREE TO ABIDE BY AND BE BOUND BY THE TERMS DESCRIBED HEREIN AND BY ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE AS WELL AS ANY ADDITIONAL TERMS AND RESTRICTIONS PRESENTED IN RELATION TO SPECIFIC CONTENT OR A SPECIFIC SERVICE OR FEATURE OFFERED BY US (IF YOU DO NOT AGREE TO THE TERMS OF USE CONTAINED IN THIS AGREEMENT, YOU ARE NOT AUTHORIZED TO USE OUR PLATFORM).

Please read these Terms carefully and print them for future reference. By accessing, browsing, or otherwise using the Platform, or our products and services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not accept the Terms, you shall not access, browse, or use the Platform. These Terms along with our Privacy Policy and Cookie Policy explain how we provide our products and services, collect, hold, and process your information, and govern your access to and use of our products and services, including any content, functionality and services offered on or through the Platform. If you do not want to agree to these Terms or the Privacy Policy, you may not use our Platform, products, and services. If you are accessing our Platform via any other third-party application or site, you expressly agree to be bound by the notices, terms, and conditions posted thereon.

You understand and agree that we may change these Terms at any time without prior notice. You may read a current, effective copy of these Terms at any time by selecting the “Terms of Service” link on the Platform. The revised terms and conditions will become effective at the time of posting. Any use of the Platform, products, or services after such date shall constitute your acceptance of such revised terms and conditions. If any change to these Terms is not acceptable to you, your sole remedy is to cease accessing, browsing, and otherwise using the Platform, products, or services. We will not be liable if for any reason all or any part of the Platform, products, or services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, products, or services to users, including registered users. You are responsible for making all arrangements necessary on your end to have access to the Platform, products, or services and ensuring that all persons who access the Platform, products, or services through your internet connection are aware of and comply with these Terms.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 18, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury (See Section 18). For any dispute involving amount less than Eight Thousand ($8,000.00) Dollars, the Parties shall submit such disputes to non-binding mediation in Palm Beach County, Florida (JAMS Rules).


1. Overview. The Company provides you access to our personalized virtual Platform that allows Users to sign up, create music using downloadable tools (“Tools”), collaborate with others, and provides Users with access to exclusive content and an educational component designed to teach Users how to effectively use the music tools and maximize their creative potential (“Service”).

2. Eligibility. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least eighteen (18) years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are under the age of eighteen (18), you represent that you have your parent’s or legal guardian’s permission to use the Service.

2.1 Parents and Legal Guardians. If you are a parent or legal guardian who allows your minor children to use the Service through your account, you accept these Terms on behalf of your child and are responsible for your child’s activity on the Service. If you (or your parent or legal guardian, as may be applicable) do not agree to these Terms, you may not use our Service.

3. Accounts and Registration. 

3.1. As part of the Platform and to gain access to our Services, you must create a user account (“Account”). Users will receive an email confirming the creation of their Account.

3.2. When you register for an Account, you will be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up to date, at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your Account is no longer secure, then you must immediately notify us at [email protected].

3.3. Artist Representatives. This Section 3 shall also apply if the User is a representative (“Representative”) of an individual, band, musical group, or entity who has granted the User all rights and permissions to the User to utilize the Services, on their behalf (each an “Artist”). For purposes hereof, the term “User”, “you”, or “your” shall also mean any applicable Artist. A Representative includes, but is not limited to, an advertising agency, record label, manager, promoter, or any other entity authorized to represent the Artist.

3.4. Authorization. By virtue of using the Platform and Service as a Representative, the Representative represents, warrants, and covenants, that (i) it has entered into or will enter into a written agreement to be the authorized agent of the Artist and bind the Artist to the Terms herein, to utilize the Platform and Service, which make the Company an intended third-party beneficiary with respect to the engagement of the Service; (ii) it is the authorized agent of the Artist and has the legal authority to agree to the Terms and purchase the Services on behalf of the Artist, make all decisions, provide all necessary approvals, create an Account on behalf of the Artist, and take all actions related to the Services for the Artist’s Account delivered on the Platform; (iii) it will not make any representations, warranties, or commitments to the Artist on behalf of Company that extend beyond the obligations of Company under the Terms herein; and (iv) it will be responsible for maintaining the security of the Account on behalf of the Artist and are fully responsible for all activities that occur under the Account and any other action taken in connection with it.

3.5. Incurring Liabilities. Notwithstanding any other terms of this Agreement, any acts or omissions by the User that violate the Terms shall be deemed a breach of these Terms by the User and User will indemnify, defend, and hold the Company harmless from and against all damages, liabilities, costs, and expenses that the Company may incur as the result of such breach.

4. General Payment Terms. Although the Company may, in its discretion, make certain features and content of the Platform available free of charge to certain users, other features of the Platform may require you to pay fees in accordance with the terms below. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are stated in U.S. Dollars and shall be deemed non-refundable, once paid.

4.1 Services. Subject to your compliance with these Terms, you may download and purchase the Services made available on the Platform. When browsing our Platform, in order to purchase one or more Services, you must first select the Service and then add the item to your online shopping cart (the “Cart”). Once you have added all the Services that you wish to purchase to your Cart, you then have an opportunity to review your order, including a description of the Service, the order subtotal, shipping costs, and taxes. Once you have confirmed or made any necessary modifications to your order, you then must enter in your billing and shipping details, as well as credit card payment information. We reserve the right to add or remove any Service(s) made available for purchase through the Platform as we determine in our sole discretion from time to time.

You agree to provide only true, accurate, current and complete information in connection with any purchase of Service(s), and further agree that by inputting such information you desire to purchase the Services on the terms and conditions set forth herein. By clicking “Place Order”, you confirm your agreement to purchase the applicable Services and agree that we may charge you for the total cost displayed to you at such time.

4.2 Prices. The Company reserves the right to determine pricing for the Services in its sole discretion and may change pricing at any time. It is your responsibility to confirm the total price displayed to you before you click “Place Order”. We will make reasonable efforts to keep pricing information published on the Platform up to date. We will use reasonable efforts to notify you of any changes before they apply. We encourage you to check our Platform periodically for current pricing information. We may change the fees for any Service or feature of the Platform or the Subscription Service (as defined below), at any time. We may also, in our sole discretion, make promotional offers with varying features and legal terms available to select Users. Any such promotional offers, unless made to you and accepted by you, will not apply to your use of the Platform or any Subscription Service.

4.3 Services and/or Product Descriptions. Company attempts to be as accurate as possible in its descriptions including descriptions of Services, options, Tools, and products offered or available on the Platform. We make every reasonable effort to ensure accuracy, however, we cannot guarantee that every product or service description on the Website is 100% accurate, complete, reliable, and/or error-free. The Company does not assume any responsibility for the accuracy of any descriptions for any product, Tools, or Service sold by third parties on the Platform, nor the accuracy of the description of any third-party product or service purchased via the Platform or other affiliated sites. Except as expressly provided, your sole recourse is from the third party providing the product or service, or from whom you purchased.

4.4 Subscription Service. On the Platform, we may provide a subscription-based membership to Users by which you authorize automatically recurring payments for periodic charges (“Subscription Service”). Terms and conditions of any Subscription Service will be posted on our Platform from time to time, to which you expressly agree if you elect to purchase a Subscription Service. If you purchase a Subscription Service, you authorize us to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The “Subscription Billing Date” is the date when you purchase your first subscription to the Subscription Service. UNLESS EXPRESSLY STATED OTHERWISE AT THE TIME YOU ACTIVATE THE SUBSCRIPTION SERVICE: (A) YOUR ACCOUNT WILL BE CHARGED AUTOMATICALLY ON THE SUBSCRIPTION BILLING DATE ALL APPLICABLE FEES AND TAXES FOR THE NEXT SUBSCRIPTION PERIOD, (B) THE SUBSCRIPTION WILL CONTINUE UNLESS AND UNTIL YOU CANCEL YOUR SUBSCRIPTION OR WE TERMINATE IT, AND (C) YOU MUST CANCEL YOUR SUBSCRIPTION THIRTY (30) DAYS OR MORE PRIOR TO ANY RENEWAL PERIOD IN ORDER TO AVOID BILLING OF THE NEXT PERIODIC SUBSCRIPTION FEE TO YOUR ACCOUNT. We will bill the periodic subscription fee (“Subscription Fee”) to the payment method you provide to us during registration (or to a different payment method if you change your payment information), or as otherwise specified in your Account.

You agree the Subscription Service fees are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by the Company regarding future functionality or features. You are responsible for any charges assessed by your bank or payment provider. Our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). You are responsible for paying all Taxes associated with your purchases hereunder.

ALL SALES ARE FINAL. YOU SHOULD BE AWARE THAT WE DO NOT OFFER REFUNDS FOR PAID SUBSCRIPTIONS UNDER ANY CIRCUMSTANCE.

If applicable, you may cancel any Subscription Service, upon thirty (30) days’ notice by following the instructions in your Account or contacting us at [email protected].

4.5 Authorization. You authorize the Company to charge all amounts applicable for paid features that you choose to utilize and any level of Subscription Service you select as described in these Terms or published by the Company on the Subscription Service, from time to time, including all applicable taxes, to the payment method specified in your Account. If you pay any fees with a credit, debit, or other payment card, we may seek pre-authorization or verification of your credit card account prior to your purchase to prevent fraud and/or verify that the payment card is valid and has the necessary funds or credit available to cover your purchase. You hereby authorize the Company to pre-authorize your payment card for the costs and fees of incurred with the Platform or Subscription Service, including any other fees that may be due hereunder.

4.6 Complementary Services. We may make complementary services available to you (“Complementary Services”), from time to time. Your use of Complementary Services is subject to the terms and conditions of this Agreement. In the event of a conflict between this section and any other portion of this Agreement, this section shall control. Complementary Services are provided to you without charge up to certain limits set forth by us and subject to change without notice. You agree that the Company, in its sole discretion and for any or no reason, may terminate access to the Complementary Services or any part thereof. You agree that any termination of access to the Complementary Services may be without prior notice, and you agree that the Company will not be liable to you or any third party for such termination.

NOTWITHSTANDING ANYTHING ELSE CONTAINED HEREIN, ANY COMPLEMENTARY SERVICES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY AND WE SHALL HAVE NO INDEMNIFICATION OBLIGATIONS NOR LIABILITY OF ANY TYPE WITH RESPECT TO THE COMPLEMENTARY SERVICES UNLESS SUCH EXCLUSION OF LIABILITY IS NOT ENFORCEABLE UNDER APPLICABLE LAW IN WHICH CASE OUR LIABILITY WITH RESPECT TO THE COMPLEMENTARY SERVICES SHALL NOT EXCEED TEN ($10.00) DOLLARS. WITHOUT LIMITING THE FOREGOING, WE AND OUR AFFILIATES AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE COMPLEMENTARY SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE COMPLEMENTARY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) USAGE DATA PROVIDED THROUGH THE COMPLEMENTARY SERVICES WILL BE ACCURATE.

4.7 Payment Processing. Payment processing services on our Platform are provided by Stripe® and are subject to Stripe’s terms and conditions, available at https://stripe.com/legal/ssa (collectively, the “Stripe Services Agreement”). By agreeing to these Terms or continuing to access our Platform or Service, you agree to be bound by the Stripe® Services Agreement, as the same may be modified by Stripe® from time to time. As a condition of the Company enabling payment processing services through Stripe®, you agree to provide the Company accurate and complete information about you and/or your business, and you authorize the Company to share it and the transaction information related to your use of the payment processing services provided by Stripe®.

4.8 Delinquent Accounts. We may suspend or terminate your access to the Platform, including fee-based portions of the Services or Subscription Service, if you owe any amount to us which remains unpaid for a period of thirty (30) days or more. In addition to the amount due we may charge you fees and costs that are incidental to any chargeback or collection of any unpaid amount, including legal fees and costs.

5. Third Party Services.

5.1 Linked Websites. The Platform may contain links to third-party websites (“Third-Party Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such Third-Party Sites. The content of such Third-Party Sites is developed and provided by others, not by the Company, and we have no control over any content or legal terms contained in any Third-Party Sites. By visiting any Third-Party Sites, you agree to expressly be bound by any posted terms and conditions. You should contact the site administrator for those Third-Party Sites if you have any concerns regarding such links or any content located on such Third-Party Sites. Company is not responsible for the content of any linked Third-Party Sites and does not make any representations regarding the content or accuracy of any materials on such Third-Party Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access any Third-Party Sites, you do so at your own risk. To the fullest extent permitted under applicable law, you agree to indemnify us and hold us harmless for your access and use of any Third-Party Sites.

5.2 Third-Party Service Providers. The Company does not warrant, endorse, guarantee, or assume any responsibility or liability for any product or service advertised or offered by a third-party (“Third-Party Service Provider”) through our Platform, Service, or Subscription Service. If you use any product or service offered by a third-party in conjunction with the Platform, you acknowledge and agree that (i) you are responsible for understanding the terms and conditions of your use of the third-party product or service; (ii) we do not control the third-party or its product or service; (iii) your use of their product or service is at your own risk; and (iv) we are not responsible and may not be held liable for the product or service, or the actions or omissions, of the third-party. Subject to these disclaimers, we may use certain Third-Party Service Providers to gather data and authenticate information regarding you, your device, and your Account. In some instances, this may require you to accept third-party software tools and products through the Platform. You further agree we may place cookies and other identifiers on the mobile devices you use to access our products, services, website, as specified in these Terms or in our Products or Subscription Services. For more information, please visit our Cookie Policy and Targeted Ads Policy to which you expressly agree.

5.3 Our Platform is hosted on High Level. ("High Level"). By using our Platform, you acknowledge and agree that your use of the Platform is subject to High Level's terms of service and privacy policy. The Company is not liable for any breaches of security, data protection, or any other issues that arise from High Level’s hosting of the Platform. By using our Platform, you agree to comply with any of High Level’s additional terms and conditions and understand that any breaches or issues related to High Level’s platform are governed by High Level’s policies. For more information on High Level's terms of service and privacy policy, please visit:

High Level Terms of Service

High Level Privacy Policy

6. Our Content

6.1 Our Platform contains our proprietary material or material that has been licensed to us, including but not limited to software, text, graphics, and images (collectively, our “Content”). We may own the Content or portions of the Content may be made available to us through arrangements that we have with third parties. The Content is the intellectual property of Company or our licensors and constitute trademarks, patents, copyrights, and other intellectual property rights of Company or its licensors under U.S. and foreign laws and international conventions. Unauthorized use of our Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy, or display the Content except as permitted under these Terms. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. Failure to do so may result in violations of state and federal laws. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website, digital or printed materials, or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of these Terms, your right to access and/or use the Content and Platform shall automatically terminate and you must immediately destroy any copies you have made of the Content.

6.2. The trademarks, service marks, and logos of the Company (collectively, the “Company Trademarks”) used and displayed on this Platform are registered and unregistered trademarks or service marks of the Company. Other company, product, and service names located on the Platform may be trademarks or service marks owned by third parties (the “Third-Party Trademarks”, and, collectively with the Company Trademarks, the “Trademarks”). Nothing on this Platform or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks displayed on this Platform without the prior written consent of Company specific for each such use. The Trademarks may not be used to disparage the Company or the applicable third-party, the Company or third-party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks. Use of any Trademarks as part of a link to or from any website is prohibited without the Company’s prior written consent. All goodwill generated from the use of any Company Trademarks shall inure to the Company’s benefit. Certain elements of the Platform are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except as otherwise expressly permitted by us. None of the Content for this Platform may be retransmitted without the express written consent from the Company for each and every instance.

6.3. Ownership; Proprietary Rights. The Platform is owned and operated by Fulltime Hitmaker, Inc. The Content, visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Platform, the Service, and the Subscription Service (“Materials”) provided by the Company are protected by intellectual property and other laws. All Materials included in the Platform, the Service, and the Subscription Service are the property of the Company or its third-party licensors. Except as expressly authorized by us, you may not make use of the Materials except in connection with your use of the Platform, the Service, or any Subscription Service. We reserve all rights to the Materials not granted expressly in these Terms.

7. User Content

7.1 Through the use of the Platform, the Service, and/or Subscription Service, you will have the opportunity to create original works of music works, including, but not limited to, sound recordings, compositions, lyrics, and other musical related works (“User Content”). Any User Content are subject to the following terms and conditions:

7.1.1. You will retain ownership of your User Content, but you grant us and our designees a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, with right of sublicense (through multiple tiers), to use, reproduce, distribute (through multiple tiers), create derivative works of and publicly display such User Content and your trademarks, logos, designs (“User Trademarks”) in connection with (i) the promotion or advertising of the Platform, Services, or Subscription Services, including in all forms and mediums of marketing, promotion, and advertising materials now known or hereafter devised, (ii) and the production or provision of any product or service you request or to show you how your User Content would appear in our products or services.

7.1.2. Please note that, while you retain ownership of your User Content and User Trademarks, any template or layout in which we arrange or organize such User Content and User Trademarks through tools and features made available through our Service are not proprietary to you, and the rights and intellectual property in and to such templates or layouts will remain with us. You may not use, reuse, modify, decompile, reconstruct, or edit our layouts or templates for any purpose, without our express, prior written consent.

7.1.3. You represent and warrant that you own or otherwise possess all necessary rights with respect to the User Content and User Trademarks, and that the User Content and User Trademarks do not and will not infringe, misappropriate, use or disclose without authorization or otherwise violate any copyright, trademark, trade secret right or other intellectual property or other property right of any third party, and that the User Content and User Trademarks are not unlawful, fraudulent, threatening, abusive, hateful, libelous, defamatory, obscene, confusingly similar to brands or branded products sold by others or otherwise objectionable.

7.1.4. You consent to the use of your name, image, and/or likeness, and you have obtained the written consent, release, and/or permission of every identifiable individual who appears in User Content to use such individual’s likeness, for purposes of using and otherwise exploiting the User Content in the manner contemplated by these Terms, or, if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us a copy of any such consents, releases and/or permissions upon our request). If you do submit a submission that contains the name, image, or likeness of an identifiable individual under the age of eighteen (18), we strongly encourage you not to include any identifying information (such as the individual’s name or address) with such User Content.

7.1.5. You agree that we may (but are not obligated to) filter any User Content (including, without limitation, deleting or replacing expletives or other harmful or offensive language), refuse to use any User Content (including, without limitation, suspending or canceling any Service or Subscription Service) and/or disclose any User Content and the circumstances surrounding the use thereof, to any third-party in order to provide the applicable products or services, to enforce these Terms or to comply with legal obligations or governmental requests.

7.1.6. You agree to indemnify and hold us, our directors, officers, shareholders, employees, contractors, agents, representatives, affiliates, and third party users harmless from and against any and all claims, causes of action, liabilities, damages, losses, expenses and costs (including, without limitation, attorneys’ fees) that arise directly or indirectly out of or from: (i) your violation of these Terms, any other agreement or terms of use with us, any representation or warranty contained herein or therein or any applicable law; (ii) your User Content and User Trademarks, including any allegation or claim that such User Content or User Trademarks infringe on the intellectual property or publicity rights of any third-party; (iii) your activities in connection with obtaining any products or services from us; (iv) any activity related to access to or use of your Account by you or any other person; (v) negligence, willful misconduct, breach of applicable laws, or any other act or omission caused by you in connection with your use of the Service; and (vi) your breach of any applicable agreement between you and any third-party.

7.1.7. User Content and User Trademarks that violate these Terms may be removed from our Platform; provided, however, that we have no obligation to remove User Content in response to user reports or requests. We are not responsible for, and will have no liability for, the removal, non-removal or loss of any User Content from our Platform. We recommend you keep back-up copies of your User Content on your hard drive or other personal system.

7.2 Limited License Grant to Company. If you are the songwriter of any or all of the musical works included in your User Content, whether in whole or in part (e.g., as a co-writer), you represent and warrant that you have the full right, authority, and ability to grant the rights outlined in the terms. This provision applies regardless of any agreements you may have entered into with any performing rights organization (“PRO”), whether based in the United States (e.g., ASCAP, BMI or SESAC) or in any other country or jurisdiction, collective management organization (“CMO”), or any music publisher. You accept full responsibility for notifying the relevant PRO, CMO, or music publisher about the royalty-free license you are granting us, specifically for the public performance of your User Content. You further acknowledge and agree that we are not liable for any fees, royalties, or other payments that may be owed to any PRO, CMO, or music publisher in connection with the public performance or distribution of your User Content through our Platform, Service, or Subscription Service.

7.3 User Content Representations and Warranties. Company disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By using our Platform and our Service, and otherwise providing User Content via the Service, you affirm, represent, and warrant that:

7.3.1. Company does not control any User Content transmitted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such content;

7.3.2. you understand that by using the Service, you may be exposed to content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any content, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Service;

7.3.3. you agree to not use the Service to impersonate any person or entity, including, but not limited to, a Company official, playlist curator, reviewer, administrator, artist, music label or other user, or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the Service; upload, post, transmit or otherwise make available any material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); upload, post, transmit or otherwise make available any material that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or upload, post, transmit or otherwise make available any unsolicited or unauthorized submission, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

7.3.4. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Company and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Company, the Service, and these Terms;

7.3.5. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Company to violate any law or regulation; and

7.3.6. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.

7.4. User Content Disclaimer. Company does not control and does not have any obligation to monitor: (a) User Content or (b) any content made available by third parties. We will not be in any way responsible or liable for User Content. the Company may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You acknowledge and agree that Company reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time, Company chooses to monitor the content, the Company still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy, to which you expressly agree.

7.5. Communication with Users. Our Platform includes a chat feature that allows Users to communicate directly with other users of the Platform. All use of the chat feature and interactions with other users shall follow, be governed by, and be subject to the Community Guidelines.

8. Feedback. If you choose to provide input and suggestions regarding the design and performance of the Platform, the Service, or Subscription Service, problems with, or proposed modifications or improvements to the Platform, the Service, and/or Subscription Service (“Feedback”), then you hereby grant the Company an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Platform and/or the Subscription Service and create other products and services.

9. Terms for the Sounds Service.

9.1. Sound License for User. The Service offers a collection of sound samples (“Sounds”) for Users to incorporate into their User Content for personal or commercial use. Through the use of the Platform, Users are granted a worldwide, non-exclusive, royalty free license to: (i) access, use, reproduce, modify, synchronize, and create derivative works using the Sounds as part of their User Content; and (ii) distribute, publicly perform, display, make available, or otherwise communicate Sounds to the public as part of their User Content through the Platform. This usage is permitted only when the Sounds are incorporated as part of a larger composition within the User Content. The intellectual property rights in all Sounds remain the property of the Company and the license granted herein allows the Users to use the Sounds within the User Content, but does not transfer any ownership, rights, or title in the Sounds themselves.

9.2. Restrictions on Use of Sounds. Users are strictly prohibited from (i) using, redistributing, or reselling the Sounds as a standalone item or isolated samples, (ii) incorporating Sounds into sampler presets, loop libraries, or sample packs distributed, sold, circulated, or made available by a third-party or by the User outside of the Platform, without the Company’s written consent. Furthermore, Users may not attribute, credit, or reference any artist or producer associated with any Sound (“Creator”) without the Creator’s written permission. This includes, but is not limited to, (i) listing the Creator as a contributor, collaborator, co-writer, or any similar role in connection with the User Content, (ii) making any direct or indirect reference to the Creator as being involved in the creation, production, or promotion of the User Content, and (iii) using the Creator’s name, image, or likeness in any capacity when promoting the User Content.

10. Song Recreation and Content Disclaimer. As part of the Services, the Platform provides educational content, including tutorials on how to recreate popular songs, with the aim of teaching Users music production techniques. All tutorials and content are created in compliance with the principles of fair use under applicable copyright laws and are intended solely for educational purposes. The use of song titles, melodies, or other references to popular songs is for the purpose of instruction and commentary, which constitutes fair use. References to specific songs, artists, or other creative works are made solely to identify the subject of the tutorial, These references are not intended to suggest any affiliation, endorsement, sponsorship, or association with the original artists, composers, publishers, or rights holders. The Company is not affiliated with, endorsed by, or sponsored by the creators, artists, or rights holders of the songs featured in the educational materials. The Company assumes no responsibility for any claims arising from the misuse of the Services or its educational content.

11. Community Guidelines.

11.1. Our Platform is designed to empower creators and Users of the Platform in order to foster collaboration and promote creativity. Our mission is to provide a creative and inclusive environment where Users can connect, innovate, and share their talents with a global community. To achieve this, we’ve established these community guidelines (“Community Guidelines”), which set the expectations for respectful and constructive interaction among all Users. By adhering to these Community Guidelines, you help us build a safe and welcome space for all Users. Any violation of these Community Guidelines will result in the Company having the option to terminate your Account, with no return of any funds or money paid to the Company for the Platform, the Services or Subscription Services.

11.1.1. Company’s Principles. We believe in the transformative power of creativity and collaboration. Some of our Company’s core principles include:

11.1.2. Respect Ownership. We are dedicated to respecting ownership, ensuring that your creations belong to you and that you retain control over how you share and benefit from your work. It is essential to not steal or have any unauthorized use of the works of other Users.

11.1.3. Creating a Positive Space. We are committed to maintaining a supportive and inclusive community where all Users feels welcomed. Treating fellow Users with dignity and kindness is essential, so we ask that you avoid harassment, threats, or abusive behavior of any kind while using the Platform, Service, or Subscription Service. Constructive feedback is an important part of collaboration and we encourage you to share thoughtful and helpful comments that focus on improving the work and music, not criticizing the individual.

11.1.4. Content Guidelines. While we celebrate creative and freedom of expression, certain types of content are not permitted on our Platform. Harmful material, such as content promoting violence, hate speech, or discrimination has no place on our Platform. Similarly, explicit sexual material or excessive violence, especially if it targets or involves minors, is strictly prohibited. The Company has a zero tolerance for content that promotes or engages in illegal activities.

11.2. Reporting. If you witness or encounter any behavior or content by other Users that violates these Community Guidelines or the Terms, we encourage you to report it to us immediately. Please send your concerns to [email protected], and our dedicated team will review the situation and take appropriate action.

12. Interactions and Disputes Between Users

12.1. By signing up for the Platform and utilizing the Services, you agree that you become a part of a community that includes, but is not limited to, creators, artists, producers, music managers, and other industry professionals. As part of this community, any other users, individuals, or third parties within the Platform may access, review, and listen to your music you share or upload. You acknowledge and agree that you may be contacted, solicited, or approached by other creators, artists, producers, music managers, and other industry professionals within the Platform, whether it is for collaborative, promotional, or other business opportunities. Through the use of the Platform or Service, the Company or one of its representatives may, as an active member of the Platform community, also reach out or solicit you for opportunities or initiatives related to the Platform or the Service.

12.2. If you are under the age of 18, your use of the Platform and Services may be limited to the educational videos and resources available on the Platform. Minors may not be permitted to participate in the interactive community features of the Platform.

12.3. The Company acts solely as a Platform facilitating connections, collaborations and interactions between Users. It is not a party to any contracts, agreements, or disputes that may arise between Users as a result of their interactions through the Platform. The Company explicitly disclaims any responsibility for disputes, claims, losses, injuries, or damages of any kinds that may occur during or after such interactions or the provisions of the Services facilitated by the Platform.

12.3.1. All disputes arising out of or in connection with the relationship between Users shall be handled independently by the parties involved. All Users agree to resolve their disputes directly with each other and release the Company from any liability, claims, or damages arising out of such disputes.

12.3.2. By using our Platform, you acknowledge and agree that the Company shall not be liable for any issues, disputes, or claims that arise between Users. You hereby understand and agree that any legal remedy or liability you seek for actions or omissions of other individuals or third parties will be limited to claims against those specific individuals or third parties.

13. Compensation for Opportunities Facilitated Through the Platform or Services.

13.1. If you enter into a professional agreement, contract, or relationship with a manager, label, or other Party as a result of your use of the Platform or interactions within the Platform community, you agree that the Company may be entitled to receive a royalty, commission, or other agreed-upon compensation based on the revenue or financial benefit generated by such agreement. For example, if you sign with a record label through the Platform, the Company may be entitled to a percentage of royalties or other financial arrangements arising from that agreement.

13.2. You agree to notify the Company of any formal agreements entered into with music labels, managers, or other parties originating from interactions with others on the Platform. The Company’s entitlement to royalties or compensation shall only apply to agreements or opportunities that can be directly attributed to the Platform.

14. Digital Millennium Copyright Act

14.1. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Platform, you may contact our Designated Agent at the following address:

DiSchino & Schamy, PLLC

Attn: Fulltime Hitmaker Legal

4770 Biscayne Blvd., Suite 600

Miami, Florida 33137.

Email: [email protected]

Only copyright complaints may be sent to our Copyright Agent. No other communications will be accepted or responded to.

Any notice alleging that materials hosted by or distributed through the Platform infringe intellectual property rights must contain the following information:

a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;

b. a description of the copyrighted work or other intellectual property that you claim has been infringed;

c. a description of the material that you claim is infringing and where it is located on the Platform;

d. your address, telephone number, and email address;

e. a statement by you that you have a good faith belief that the use of the materials on the Platform of which you are complaining is not authorized by the copyright owner, its agent, or the law; and

f. a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

IMPORTANT NOTICE: MISREPRESENTATIONS MADE IN A NOTICE CLAIMING THAT CONTENT OR ACTIVITY IS INFRINGING VIOLATES THE DIGITAL MILLENNIUM COPYRIGHT ACT AND MAY EXPOSE YOU TO LIABILITY FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS' FEES). COURTS HAVE FOUND THAT YOU MUST CONSIDER COPYRIGHT DEFENSES, LIMITATIONS OR EXCEPTIONS BEFORE SENDING A NOTICE. ACCORDINGLY, IF YOU ARE NOT SURE WHETHER CONTENT RESIDING ON OUR PLATFORM OR SUBSCRIPTION SERVICE INFRINGES YOUR COPYRIGHT, WE SUGGEST THAT YOU FIRST CONTACT AN ATTORNEY. IN ADDITION, PLEASE DETERMINE WHETHER THE CONTENT YOU ARE SENDING A NOTICE ABOUT IS ACTUALLY RESIDING ON OUR PLATFORM OR SUBSCRIPTION SERVICE BEFORE SENDING THE NOTICE.

14.2. Repeat Infringers. The Company will promptly terminate the Accounts of any User that is determined by the Company to be a repeat infringer.

15. Modification of these Terms. We may, from time to time, change these Terms unilaterally. Changes will apply only on a going-forward basis, and any disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. Please check these Terms periodically for changes. Unless otherwise stated, revisions will be effective upon posting except that, for existing Users, we will provide reasonable advance notice of any material modifications of the Terms and the opportunity to review the changes. If you do not agree to the modified Terms, you may terminate your Account prior to the effective date of the revised Terms by contacting [email protected] to terminate your Account, and, if you have prepaid for any Service or Subscription Services, request a pro rata refund for the remainder of your prepaid subscription. If you do not accept the amended Terms, you will not be permitted to continue to use the Platform, the Service, or the Subscription Services and must cease the use thereof. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

16. Term, Termination and Modification of the Platform and Subscription Service.

16.1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Platform or Subscription Service, and ending when terminated as described in Section 13.2.

16.2. Termination. If you violate any provision of these Terms, your authorization to access the Platform, Service, Subscription Service, and these Terms automatically terminate. In addition, Company may, at its sole discretion, terminate these Terms or your account on the Platform, or suspend or terminate your access to the Platform, Service, or Subscription Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at [email protected].

16.3. Effect of Termination. Upon termination of these Terms: (a) your rights to use the Platform, the Service, and the Subscription Service will terminate and you must immediately cease all use thereof; (b) you will no longer be authorized to access your Account, the Platform, the Service, or the Subscription Service; (c) you must pay the Company any unpaid amount that was due prior to termination, including costs and fees that arise due to your use of the Platform, the Service, or Subscription Service and/or any breach of these Terms; and (d) all payment obligations will survive the termination hereof. You also understand and agree that all terms and conditions hereof that require continued performance, compliance, or effect beyond the termination date of these Terms shall survive such termination date and shall be enforceable in the event of a failure to perform or comply.

16.4. Modification of the Platform and Subscription Service. We reserve the right to modify or discontinue the Platform, the Service, or Subscription Service at any time (including by limiting or discontinuing certain features of the Platform or Subscription Service), temporarily or permanently, without notice to you. Company will have no liability for any change to the Platform, the Service, or Subscription Service or any suspension or termination of your access to or use of the Platform, the Service, or Subscription Service. The availability of Content may change from time to time, and from geographic territory to territory. As a result, we do not guarantee that any Content will be available or remain available on the Platform.

17. Updates.

17.1. We may automatically update the Platform at our sole discretion, including but not limited when we want to improve performance, enhance functionality, reflect changes to the operating system or address security issues.

17.2. If you choose not to install such updates or if you opt out of automatic updates (if applicable) you may not be able to continue using the Platform and the Subscription Services.

18. Indemnification. To the fullest extent permitted by law, you are responsible for your use of the Platform, and you will defend and indemnify Company and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Company Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Platform; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

YOU REPRESENT THAT YOU HAVE INDEPENDENTLY INVESTIGATED THE ADVISABILITY OF USING THE PLATFORM AND THE POSSIBLE RISKS INVOLVED IN USING OUR SERVICES. YOU AGREE TO MAINTAIN YOUR OWN INSURANCE COVERING SUCH RISKS AND WILL LOOK SOLELY TO SUCH INSURANCE FOR REIMBURSEMENT OF ANY RESULTING DAMAGES.

19. DISCLAIMERS; NO WARRANTIES


The Platform and the Services are provided as a tool learn and enhance skills, including creating music, as well as to connect, collaborate, and interact with other individuals or third parties. While the Platform is designed to facilitate learning experiences and opportunities that align with its intended purpose, the Company makes no guarantees, representations, or warranties regarding the success, outcome, or satisfaction of any User’s experience, learning progress, or interactions through the Platform. Use of the platform is at the sole discretion and risk of each User. By accessing or using the Platform, you acknowledge and agree that the Company does not and cannot guarantee success in any form, including, but not limited to, personal, professional, or financial, or creative achievements.

The Company does not guarantee that the use of the Services will achieve the goals advertised, nor does it warrant that any particular results, progress, or benefits will be obtained, such as master of music creation, professional opportunities, or creation of a viral or popular song.

THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATFORM, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE COMPANY DOES NOT WARRANT THAT THE PLATFORM OR ANY PORTION OF THE PLATFORM, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PLATFORM, THE SERVICE, AND/OR SUBSCRIPTION SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND COMPANY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.


NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATFORM, THE SERVICE, SUBSCRIPTION SERVICE, OR COMPANY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATFORM WILL CREATE ANY WARRANTY REGARDING ANY OF THE COMPANY ENTITIES OR THE PLATFORM OR SUBSCRIPTION SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PLATFORM AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLATFORM) OR ANY LOSS OF DATA.


THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. COMPANY DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT COMPANY IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.

20. LIMITATION OF LIABILITY


TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PLATFORM OR ANY MATERIALS OR CONTENT ON THE PLATFORM, THE SERVICE, OR SUBSCRIPTION SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY COMPANY ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.


TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF COMPANY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF THE PLATFORM, THE SERVICE, OR SUBSCRIPTION SERVICE (OR ANY INABILITY TO USE THE PLATFORM OR SUBSCRIPTION SERVICE OR ANY PORTION THEREOF, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO PLATFORM (FOR ACCESS TO AND USE OF THE SERVICE OR SUBSCRIPTION SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B) FIVE HUNDRED ($500.00) DOLLARS.


EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 16 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

21. Dispute Resolution and Arbitration

21.1. Generally. In the interest of resolving disputes between you and the Company in the most expedient and cost-effective manner, and except as described in Section 18.2 and 18.3, you and the Company agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND THE COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

21.2. Exceptions. Despite the provisions of Section 18.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court (although all disputes for amounts for $8,000.00 or less must be submitted first to non-binding mediation in Miami-Dade County, Florida (JAMS Rules); (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

21.3. Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 18 within 30 days after the date that you agree to these Terms by sending a letter to Fulltime Hitmaker, Inc. at 433 N Camden Dr., Suite 730, Beverly Hills, California 90210, that specifies: your full legal name, the email address associated with your account on the Platform, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once the Company receives your Opt-Out Notice, this Section 18 will be void and any action arising out of these Terms will be resolved as set forth in Section 19.3. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

21.4. Arbitrator. Any arbitration between you and the Company will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting the Company. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.

21.5. Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). The Company’s address for Notice is: Fulltime Hitmaker, Inc., 433 N Camden Dr., Suite 730, Beverly Hills, California 90210.The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or the Company may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or the Company must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Company in settlement of the dispute prior to the award, we will pay to you the higher of: (i) the amount awarded by the arbitrator; or (ii) Ten Thousand ($10,000.00) Dollars.

21.6. Fees. If you commence arbitration in accordance with these Terms, we will reimburse you for your payment of the filing fee, unless your claim is for more than Ten Thousand ($10,000.00) Dollars, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Miami, Florida but if the claim is for Ten Thousand ($10,000.00) Dollars or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse the Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

21.7. No Class Actions. YOU AND THE COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and the Company agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

21.8. Modifications to this Arbitration Provision. If we make any future change to this arbitration provision, other than a change to the Company’s address for Notice of Arbitration, you may reject the change by sending us written notice within thirty (30) days of the change to the Company’s address for Notice of Arbitration, in which case your account with the Company will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

21.9. Enforceability. If Section 18.7 or the entirety of this Section 18 is found to be unenforceable, or if the Company receives an Opt-Out Notice from you, then the entirety of this Section 18 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 19.3 will govern any action arising out of or related to these Terms.

22. Miscellaneous.

22.1. Privacy Policy. The Company is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of thirteen (13) who wish to allow their children access to the Service are responsible for supervision of that access. When you register an Account for your child or allow your child to register his or her own Account, you certify that you are at least eighteen (18) years old and that you are the legal guardian of the child/children accessing the site. By allowing access to your child, you also give your child permission to access many areas of the Service. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas are appropriate for your child. Registration data and certain other information about you is subject to our Privacy Policy, to which you expressly agree. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by the Company and its affiliates.

22.2. General Terms. These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and the Company regarding your use of the Platform. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to”. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

22.3. Governing Law. These Terms are governed by the laws of the State of Florida, United States of America, without regard to conflict of law principles. You and the Company submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Miami-Dade County, Florida for resolution of any lawsuit or court proceeding permitted under these Terms. Our Platform is not subject to the laws or jurisdiction of any state, country, or territory other than that of the United States. We do not represent or warrant that our Platform, or any part thereof, is appropriate or available for use in any particular jurisdiction. Those who choose to access our Platform do so on their own initiative and at their own risk, and are responsible for complying with all applicable laws, rules, and regulations. We may limit the availability of our Platform, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

22.4. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Platform or these Terms must be filed within one (1) year after such claim or cause of action arose or will be forever barred.

22.5. Privacy Policy; Cookie Policy. In connection with your access to the Platform and use of the service, you expressly agree to our Privacy Policy and our Cookie Policy. Please read the Privacy Policy and Cookie Policy carefully in order to learn more about how we use information we collect from you when you access, visit, or use the Platform. The Privacy Policy and Cookie Policy are part of and is governed by these Terms and by agreeing to the Terms, you agree to be bound by the terms of the Privacy Policy and Cookie Policy, and you agree that we may use information collected from you in accordance with the Privacy Policy and Cookie Policy.

22.6. Additional Terms. Your use of the Platform is subject to all additional terms, policies, rules, or guidelines applicable to the Platform or certain features of the Platform that we may post on or link to from the Platform, the Service, or the Subscription Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

22.7. Security Protocols. You understand that the Platform and software embodied within the Platform may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by us and/or content providers who provide content to the Platform. You may not attempt to override or circumvent any of the usage rules embedded into the Platform. Any unauthorized reproduction, publication, further distribution, or public exhibition of the materials provided on the Platform, in whole or in part, is strictly prohibited.

22.8. No Resale of Platform or Subscription Service. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Platform or Subscription Service (including your Account), use of the Platform or Subscription Service, or access to the Platform or Subscription Service.

22.9. Consent to Electronic Communications. By using the Platform or our Subscription Service, you acknowledge and agree that you are contracting with Company electronically, and that we may provide you with any and all notices and disclosures in electronic format (e.g., via e-mail or via the Platform). Any notice, disclosure, agreement, acknowledgement, form, consent, statement, policy, record, document, preference, privacy policy, or other information we provide to you, or that you submit, agree to, or sign at our request (each, a “Communication”) will be provided in electronic form and will be provided either: (1) via e-mail or text message or (2) via the Platform. You expressly consent and agree that we can contact you using written, electronic, or verbal means, including by manual dialing, emails, in-app messaging, leaving prerecorded/artificial voice messages or using an automatic telephone dialing system to call or text your mobile/cellular telephone number, as necessary to complete transactions requested by you and to service your account and as the law allows, even if those phone numbers are registered by you on any federal or state Do-Not-Call/Do-Not-email registry. You agree that we may use any email address or telephone number you provide as set forth here, now or in the future, including mobile phone numbers. You also agree that we may monitor and record calls regarding your account to ensure the quality of our service or for other reasons.

22.10. Marketing Communications. By agreeing to these terms, you expressly acknowledge and agree that we may send you emails concerning out products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions provided.

22.11. Contact Information. The Platform is offered by Fulltime Hitmaker, Inc. located at 433 N Camden Dr., Suite 730, Beverly Hills, California 90210. You may contact us by sending correspondence to that address or by emailing us at [email protected].

22.12. Notice to California Residents. If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform. For more information, please also read our Notice to California Residents.

22.13. No Support. We are under no obligation to provide support for the Platform or Subscription Service. In instances where we may offer support, the support will be subject to published policies.

22.14. International Use. The Platform and Subscription Service is hosted from the State of Florida, United States of America and is intended for Users located within the United States. We make no representation that the Platform is appropriate or available for use outside of the United States. Access to the Platform from countries or territories or by individuals where such access is illegal is prohibited.

22.15. Email, SMS and Telephone. You can unsubscribe from email communications at any time. To stop receiving our promotional emails, follow the unsubscribe instructions in the email messages you receive from us, or contact us using the details provided herein. We will process your request as soon as practicable after receipt, in accordance with applicable laws. Note that you will continue to receive transaction-related emails regarding products or services you have requested. We may also send you certain non-promotional communications regarding the Company, the Platform and our Subscription Services and, to the extent permitted by law, you will not be able to opt-out of those communications (e.g., communications regarding updates to our Terms of Service).

Last Updated: November 22, 2024.