Terms of Service

1. Definitions

• A Producer is a user who posts a job. A Musician is a user who submits a take. One account may act as both.
• A Job is a request to record a part, with a price and a deadline.
• Producer Materials are everything a Producer supplies with a Job, including demos, reference files, background beds, descriptions, and the underlying song, melody, lyrics, arrangement, and ideas.
• A Take is a recording a Musician submits to a Job. A Picked Take is a Take that is picked, by the Producer or automatically under Section 4, and for which payment is released to the Musician.

2. The Service

RetrackThis is a marketplace that connects Producers and Musicians. We are not a party to the agreement between a Producer and a Musician for a Take, we do not employ Musicians, and we do not guarantee the quality, timing, or outcome of any Job or Take.

3. Accounts

• You must give accurate information and keep your login secure. You are responsible for all activity under your account.
• You must be old enough to form a binding contract where you live, and at least 18 to receive payouts.

4. Jobs, picks, and refunds

• A Producer pays the full Job price up front through Stripe Checkout when posting a Job.
• Each Musician may submit once to a Job, with up to two Takes. Submitting is free and does not guarantee selection or payment. Only Picked Takes are paid.
• A Producer may mark a favorite before the deadline and may change it until picking. The Producer picks after the deadline. If the Producer does not pick within 48 hours after the deadline, the saved favorite is picked automatically.
• The Job price is refunded to the Producer if the Producer cancels an open Job before a pick, or if the Job closes without a pick (for example, no Takes or no favorite).
• When a Take is picked, the Musician is paid the Job price minus the platform fee.

5. Producer Materials

• Producers keep all rights in their Producer Materials. Nothing in these Terms, and no Take, gives any Musician or other person any right in them, whether or not a Take is picked.
• A Producer grants Musicians who access a Job a limited, non-exclusive, revocable right to use its Producer Materials only to record and submit a Take for that Job.
• Demos may be heard without an account. Hearing them grants no right to use them. No one may copy, record, download, share, release, or reuse Producer Materials, or any song or idea in them, except to submit a Take to that Job.
• Producers represent that they own or have permission to use and share their Producer Materials, and to have Takes recorded and used as described in these Terms.

6. Ownership of Picked Takes

• Assignment. When payment for a Picked Take is released to the Musician, the Musician assigns to the Producer all right, title, and interest worldwide in that Take, including the sound recording and all copyrights and other rights in the performance, for the full term of those rights. The Producer may use, edit, mix, sample, release, license, and otherwise exploit the Picked Take in any project and any medium, now known or later developed, without further permission or payment. This is a full buyout.
• Full payment. The Job price paid to the Musician is full compensation for the Picked Take. No royalties, backend, residuals, or other payments are owed by the Producer or RetrackThis.
• Credit. Credit is optional and at the Producer's choice. To the extent the law allows, the Musician waives, and agrees not to assert, any moral rights or similar rights in the Picked Take, including any right to be credited or to object to changes. The Producer may use the Musician's name to credit the Take, but not to suggest the Musician endorses anything.
• Backup license. If any part of the assignment cannot be made under applicable law, the Musician grants the Producer an exclusive, perpetual, irrevocable, worldwide, royalty-free, transferable license to that part with the same scope.
• Further steps. The Musician will sign any reasonable document the Producer requests to confirm the Producer's ownership of a Picked Take.

7. Takes that are not picked

• No rights in a Take pass to a Producer unless it becomes a Picked Take. If a Job is canceled or closes without a pick, no rights in any of its Takes pass to the Producer.
• A Producer may listen to Takes submitted to their Job only to decide which to pick. A Producer may not download, record, copy, keep, or use any Take that is not their Picked Take, or any part of one, in any form.
• A Musician keeps their recording of a Take that is not picked. Because it is built on the Producer Materials, the Musician may not release, sell, license, or otherwise use it outside the Service.

8. Musician promises

• Each Take is a real, live human performance by you. AI-generated, AI-assisted, or generative-tool output is not allowed, and you confirm this each time you submit.
• Each Take is your own work, you are free to assign it, and it contains no samples, loops, or other material you do not have the right to transfer.
• You are responsible for completing Stripe payout setup, keeping payout details current, and paying any taxes on what you earn. We are not responsible for delays caused by incomplete payout setup.

9. Payments and fees

• Payments, refunds, and payouts are processed by Stripe and are subject to Stripe's terms, systems, and timelines.
• RetrackThis sets the platform fee and may change it from time to time. The fee that applies to a Job is the one in effect when the Job is picked.
• Producers are responsible for chargebacks and payment disputes on their payments, subject to Stripe and card-network rules.
• You may not arrange to pay or be paid for a Job outside the Service to avoid fees.

10. Our license to operate the Service

You grant RetrackThis a non-exclusive, worldwide, royalty-free license to host, store, copy, stream, and display content you upload, only as needed to operate the Service. This license ends when the content is removed from the Service, except for backups kept for a limited time and records we must keep by law.

11. Conduct and enforcement

• Do not upload unlawful, infringing, or abusive content, or try to bypass payments, fees, or security.
• We may remove content, cancel Jobs, withhold or reverse payouts, and suspend or close accounts when we reasonably believe these Terms or the law have been broken, including for fraud, abuse, or intellectual property violations.

12. Disclaimers and limitation of liability

The Service is provided "as is" and "as available," without warranties of any kind. We do not guarantee uninterrupted availability, that any Take will meet your needs, or that any user will act professionally or follow these Terms. To the fullest extent the law allows, RetrackThis is not liable for indirect, incidental, special, or consequential damages, or for any amount greater than the fees we earned on the Job giving rise to the claim.

13. Indemnity

You agree to defend and hold harmless RetrackThis from claims, losses, and costs arising from content you upload, your breach of these Terms, or your violation of anyone else's rights.

14. Changes

We may update these Terms. When we do, we will update the date above. Continued use of the Service after an update means you accept the updated Terms. Updates do not change the ownership of any Take picked before the update.

15. General

If any part of these Terms is found unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver of it. Sections 5 through 7, 12, and 13 continue to apply after you stop using the Service or close your account.

16. Contact

Questions about these Terms: hello@retrackthis.com.