Welcome to Tone Mastery ("Company," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of our website located at https://tonemastery.com ("Website") and all related services provided by Tone Mastery, including but not limited to songwriting, instrumental composition, mixing, mastering, beats creation, musician recording services, and commercial music services (collectively, "Services"). By accessing or using our Website or Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Website or Services.

1. Scope of Services

a. Service Offerings

Tone Mastery offers a wide range of music production services, including but not limited to:

• Songwriting: Custom songwriting tailored to the specific needs and preferences of the client.

• Instrumental Composition: Creation of original instrumental tracks across various genres and styles.

• Mixing: Professional audio mixing to balance and enhance the elements of your track.

• Mastering: Final audio mastering to optimize your track for distribution across all platforms.

• Beats Creation: Custom beat production for various music projects, including exclusive and non-exclusive licenses.

• Musician Recording Services: Recording sessions with skilled musicians, either remotely or in our studio facilities.

• Commercial Music: Creation of music for commercial purposes, including advertising music and jingles tailored for companies.

b. Customization and Flexibility

Our Services are highly customizable to meet the unique needs of each client. Detailed Service specifications, including scope, timelines, and deliverables, will be outlined in a separate agreement or order confirmation provided to you before the commencement of the project.

c. Service Modifications

Tone Mastery reserves the right to modify, enhance, or discontinue any of our Services at any time. We will endeavor to provide reasonable notice of any material changes that may affect your ongoing projects.

2. Intellectual Property Rights

a. Ownership of Work Products

Unless otherwise agreed in a written contract, all content, materials, and deliverables created by Tone Mastery during the provision of Services ("Work Products") shall remain the sole and exclusive property of Tone Mastery. This includes, but is not limited to, audio files, compositions, lyrics, arrangements, and any derivative works.

b. Licensing and Royalties

For certain Services, including but not limited to songwriting, instrumental composition, beats creation, and commercial music (including advertising music and jingles), Tone Mastery reserves the right to retain ownership and/or receive royalties from the commercial exploitation of the Work Products. The specific terms of any royalty arrangements, including the percentage and duration, will be detailed in a separate agreement executed before the commencement of the project. This may include, but is not limited to:

• Performance Royalties: Payments for the public performance of the Work Products.

• Mechanical Royalties: Payments for the reproduction and distribution of the Work Products.

• Synchronization Royalties: Payments for the use of the Work Products in audiovisual media.

By engaging our Services, you acknowledge and agree to these royalty arrangements unless explicitly waived in writing by Tone Mastery.

c. Usage Rights and Restrictions

You are granted a limited, non-exclusive, non-transferable license to use the Work Products for personal, non-commercial purposes unless otherwise specified in the written agreement. Commercial use of the Work Products, including those created under our Commercial Music Services, is subject to the payment of applicable royalties and may require additional licensing.

Unauthorized reproduction, distribution, or modification of the Work Products is strictly prohibited and may result in legal action.

3. Client Responsibilities

a. Provision of Materials

You agree to provide all necessary materials, information, and content ("Client Materials") required for Tone Mastery to perform the Services. You represent and warrant that you have obtained all necessary rights, licenses, and permissions to use such Client Materials and to grant Tone Mastery the right to use them in the performance of the Services.

Failure to provide the required Client Materials in a timely manner may result in delays, additional fees, or the cancellation of Services.

b. Compliance with Laws

You agree to comply with all applicable laws, regulations, and industry standards in connection with your use of our Services. You shall not use our Services for any unlawful purpose or in any manner that could damage, disable, overburden, or impair our Website or Services.

4. Payment Terms

a. Fees and Pricing

Fees for our Services will be outlined in a detailed quote or service agreement provided to you prior to the commencement of the Services. All fees are subject to applicable taxes, which will be itemized in the invoice.

b. Payment Schedule

Unless otherwise specified in the service agreement, a deposit of 30% of the total fee is required to secure the booking and commencement of Services. The remaining balance is due upon completion of the Services and prior to the delivery of final Work Products. Payments can be made via credit card using the stripe payment processor.

c. Late Payments

If you fail to make any payment due to Tone Mastery by the due date, we reserve the right to:

• Add supplemental fees to the overdue amount, which may include interest charges, administrative fees, or other applicable costs as permitted by law

• Suspend or terminate the provision of Services.

• Withhold delivery of Work Products until full payment is received.

d. Non-Refundable Deposits

Certain Services may require a non-refundable deposit as part of the payment terms. This deposit covers preliminary work and any booking or resource allocation required to provide the Services. The specific terms of any deposit will be detailed in the service agreement.

5. Confidentiality and Non-Disclosure

a. Confidential Information

Both parties acknowledge that, during the provision of Services, each may have access to confidential and proprietary information of the other party ("Confidential Information"). Confidential Information includes, but is not limited to, business plans, strategies, designs, software, financial information, and any other information that is not publicly available.

b. Obligations

Each party agrees to maintain the confidentiality of the other's Confidential Information and to use such information solely for the purpose of fulfilling its obligations under these Terms. Confidential Information shall not be disclosed to any third party without the prior written consent of the disclosing party, except as required by law.

c. Survival of Obligations

The obligations of confidentiality shall survive the termination of these Terms and the completion of the Services.

6. Limitation of Liability

a. No Warranties

The Services are provided on an "as is" and "as available" basis. Tone Mastery makes no warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

b. Limitation on Damages

To the fullest extent permitted by law, Tone Mastery shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to loss of profits, revenue, or data, arising out of or in connection with your use of our Services or Website, even if Tone Mastery has been advised of the possibility of such damages.

c. Cap on Liability

In no event shall Tone Mastery's total liability to you for all claims arising under these Terms exceed the amount you paid to Tone Mastery for the Services in question.

7. Indemnification

You agree to indemnify, defend, and hold harmless Tone Mastery, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

• Your use of the Services;

• Any breach of these Terms;

• Any violation of applicable law or the rights of any third party.

8. Termination

a. Termination by Tone Mastery

Tone Mastery reserves the right to terminate or suspend your access to our Services or Website, with or without notice, for any reason, including but not limited to:

• Your breach of these Terms;

• Failure to pay for Services;

• Conduct that we believe, in our sole discretion, is harmful to our interests or the interests of others.

b. Termination by Client

You may terminate the Services at any time by providing written notice to Tone Mastery. However, you will remain responsible for payment of all fees incurred up to the date of termination.

c. Effect of Termination

Upon termination, all rights and licenses granted to you under these Terms shall immediately cease, and you must promptly discontinue all use of the Work Products unless otherwise agreed in writing.

9. Governing Law and Jurisdiction

These Terms and any disputes arising out of or related to these Terms or the Services provided by Tone Mastery shall be governed by and construed in accordance with the laws of USA and Europe without regard to its conflict of laws principles.

a. Jurisdiction

You agree to submit to the exclusive jurisdiction of the courts located in USA and Europe for the resolution of any disputes arising out of or relating to these Terms or the Services.

10. Dispute Resolution

a. Arbitration

Any dispute arising out of or relating to these Terms or the services provided by Tone Mastery shall be resolved by binding arbitration in accordance with the rules applied in the respective countries of both parties. The arbitrator's decision shall be final and binding on both parties.

b. Costs

Each party shall bear its own costs and expenses in connection with the arbitration, except that the fees and expenses of the arbitrator shall be borne equally by the parties unless otherwise directed by the arbitrator.

c. Injunctive Relief

Notwithstanding the foregoing, either party may seek injunctive relief in a court of competent jurisdiction to prevent irreparable harm arising from a breach of these Terms.

11. Changes to Terms

Tone Mastery reserves the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our Website. We will endeavor to notify you of any material changes via email or other communication methods, but it is your responsibility to review these Terms periodically for updates.

Your continued use of our Website or Services after the posting of revised Terms constitutes your acceptance of those changes.

12. Miscellaneous

a. Entire Agreement

These Terms, together with any additional agreements or policies referenced herein, constitute the entire agreement between you and Tone Mastery regarding the use of our Website and Services and supersede all prior agreements or understandings, whether written or oral, relating to the same.

b. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the Terms, which shall remain in full force and effect.

c. Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

d. Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Tone Mastery. Tone Mastery may assign or transfer its rights and obligations under these Terms without restriction.

e. Notices

Any notices required or permitted under these Terms shall be in writing and delivered to the respective parties by email at contact@tonemastery.com or the email address you provide when engaging our Services.

13. Contact Information

If you have any questions or concerns regarding these Terms or our Services, please contact us at:

Tone Mastery
Email: contact@tonemastery.com