Mastering.Studio reserves the right, at its sole discretion, to modify, discontinue or terminate the Service at any time, subject to any outstanding obligations you or Mastering.Studio may have. We may modify these Terms of Service, in which you will be notified by email (to the address that you provide to us) or via a notification directly through the Service with a link to the modified Terms of Service. Please refer to the “Last Updated Date” in these Terms of Service for the date these Terms of Service were last updated. By continuing to access or use the Service after we have posted a modification to these Terms of Service, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your only recourse it to cease using the Service.
The Service is intended solely for persons who are 13 years of age or older. Any access to or use of the Service by anyone under 13 is expressly prohibited. If you are 13 years of age but under 18, you may use the Service but only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Service, unless prohibited by applicable law.
Certain types of content are made available through the Service. Mastering.Studio Content means Mastering.Studio’s mastering technology or other content, including without limitation, the Mastering.Studio and Plugin Alliance trademarks, or any third-party trademarks, technology, and copyrighted works, made available through the Service, which are owned by or licensed to Mastering.Studio, but excluding User Submissions (as defined below). The Service and Mastering.Studio Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Service, Mastering.Studio, Plugin Alliance (including its affiliate Brainworx Audio GmbH) and its licensors own all right, title, and interest in and to the Service and Mastering.Studio Content, including all associated intellectual property rights. You agree not to remove, alter, or obscure any copyright, trademark, service mark, patent, or other proprietary rights noticed incorporated in or accompanying the Service or Mastering.Studio Content.
User Submissions means any content, including without limitation, any text, data, graphics, images, photos, video or audio content, hypertext links and any other information uploaded, transmitted or submitted by Users to or via the Service, although Mastering.Studio differentiates between “Audio Content” and “Non-Audio Content” as defined below (collectively “User Submissions”).
Your-Audio-Content means any audio content such as your mixes in .wav, mp3, or any other audio format supported by our Service (see link here for a list of all supported audio formats) that you upload to our Service for the purpose of using our Mastering Service, including any contained meta data or other information that you submit in direct connection with such audio files (e.g., song name, artist name, genre, etc.).
Your-Non-Audio-Content means any content, including without limitation, any text, data, graphics, images, photos, video content, or any other information uploaded, transmitted or submitted by Users to or via the Service, excluding Your-Audio-Content.
Mastering.Studio does not claim any exclusive ownership rights in any User Submissions and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such User Submissions, beyond the limited license provided under this Agreement.
If you provide Your-Audio-Content through the Service, you grant Mastering.Studio and its trusted affiliates a limited license to host, share, listen to, and modify Your-Audio-Content for the purpose of fulfilling our Services. This means that we will never publicly show or disclose specifics about Your-Audio-Content, unless we have your prior permission to do so. You can update your permissions in the applicable settings or reaching out to us at via our contact page as outlined in Section 19 of these Terms of Service.
If you provide Your-Non-Audio-Content through the Service, you grant Mastering.Studio a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free right to license, sublicense, use, copy, adapt modify, distribute, publicly display, publicly perform, transmit, broadcast and otherwise exploit Your-Non-Audio-Content in any media or by any method. In some instances, you will have certain settings available that may restrict Mastering.Studio from publicly displaying, performing, broadcasting, or otherwise exploiting such Your-Non-Audio-Content.
You acknowledge and agree that you are solely responsible for allUser Submissions that you make available through the Service. Accordingly, you represent and warrant that: (i) you are the sole and exclusive owner of all User Submissions or have the necessary rights, permissions, and licenses from any third party that may own rights in the User Submissions; and (ii) neither the User Submissions nor Mastering.Studio’s use of the User Submissions (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy, contract rights, or result in the violation of any applicable law or regulation.
You agree not to use the Service in any way that violates any rights (including intellectual property rights) of any third party. Mastering.Studio shall, under appropriate circumstances, terminate the accounts of Users who infringe, are believed to have infringed, or are charged with infringement of the rights of copyright holders.
If you are a copyright holder or an agent thereof and believe that any content uploaded by a User in connection with the Service infringes upon your copyrights, you may submit a notification pursuant to the Digital Millenium Copyright Act (“DMCA”) by contacting
Plugin Alliance, LLC
ATTN: Copyright Manager
You are solely responsible for your interactions (including any disputes) with other Users of the Service. Your use of the Service and Mastering.Studio Content and any other content made available through the Service is at your sole risk and discretion and Mastering.Studio hereby disclaims any and all liability to you or any third party relating thereto. Mastering.Studio reserves the right to contact Mastering.Studio Users, in compliance with applicable law, in order to evaluate compliance with the rules and policies in these Terms of Service. You agree to cooperate fully with Mastering.Studio to investigate any suspected unlawful, fraudulent or improper activity via the Service.
As part of providing the Services to you, we may need to contact you via our web-based platform or via the email address you provided to us upon registration (e.g., to touch base about aspects or the quality of Your-Audio-Content including Masters or to respond to your inquiries).
You agree not to do any of the following while using the Service or Mastering.Studio Content:
Mastering.Studio will have the right to investigate and prosecute violations of any of the above listed prohibitions to the fullest extent of the law. Mastering.Studio may involve and cooperate with law enforcement authorities in prosecuting Users who violate these Terms of Service. Mastering.Studio reserves the right, at any time and without prior notice, to remove or disable access to any Mastering.Studio Content and any User Submissions that Mastering.Studio, in its sole discretion, considers to be in violation of these Terms of Service or otherwise harmful to the Service or Users of the Service
The Service may contain links to third-party websites or resources. You acknowledge and agree that PLUGIN ALLIANCE does not endorse and is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You may stop using the Service at any time and may terminate the Service by closing your account with Mastering.Studio. Mastering.Studio may terminate your access to the Services (i) for failure to comply with the Terms of Service; (ii) in the event Mastering.Studio discontinues the Services or a portion thereof; (iii) in the event of a change of control or sale of Mastering.Studio; or (iv) in the event Mastering.Studio otherwise goes out of business. Without limiting other remedies, Mastering.Studio may at any time suspend, terminate, or refuse to provide you with access to the Service for any reason, in its sole discretion.
Except as provided herein, after termination for any reason, you understand and acknowledge that we will have no further obligation to provide the Service to you and all licenses and other rights granted to you by these Terms of Service will immediately cease. Mastering.Studio will not be liable to you or any third party for termination of the Service. Upon any termination or suspension, any content, materials or information (including User Submissions) that you have submitted via the Service will no longer be accessible to you.
Any suspension, termination or cancellation will not affect your obligations to Mastering.Studio under these Terms of Service (including, without limitation, proprietary rights and ownership, licenses to Mastering.Studio, indemnification and limitation of liability), which naturally are intended to survive such suspension, termination or cancellation.
Users may have the opportunity use, or to purchase or otherwise redeem licenses to, Plugin Alliance’s plugins or other software through the Service (collectively “PA Software”). Users agree that such PA Software shall be governed by Plugin Alliance’s End User License Agreement available at https://www.plugin-alliance.com/en/eula.html.
Mastering.Studio’s offered Services include, but are not limited to, a tool for “mastering” Your-Audio-Content, meaning the process of giving your finished and mixed tracks the last polish and make them comparable in “loudness” and “punch” to other music in the selected genre (applicable proceeds of Your-Audio Content that are processed and made available by Mastering.Studio are referred to as “Masters”). Furthermore and subject to the terms of these Terms of Service, the Service allows you to upload Your-Audio-Content, use our tools to master Your-Audio-Content to create Masters, and download a limited number of Masters and share such Masters with a limited number of people (e.g., your band mates or co-producers) directly via our Service, and keep track of applicable Masters under your User Account, depending on the Services you have purchased or as further communicated via our FAQ and written notices through our Service. Please note that whenever there is a conflict between the FAQ and these Terms of Service, then these Terms of Service shall supersede. Any Masters created hereunder shall be deemed as “Your-Audio-Content” in which Mastering.Studio or its affiliates claim no ownership. This means, it is fully up to your discretion how you distribute or exploit your downloaded and paid for Masters, subject to third party permissions (if applicable) for which you are solely responsible for obtaining.
You can find a most current pricelist for our Services here. Mastering.Studio uses a third-party provider (Braintree) to process all payments through its website. You agree to provide complete and accurate payment information and further agree to any terms and conditions of such third party payment provider. In the case of refusal of payment, your access to the Mastering.Studio Content will be denied. Mastering.Studio cannot be responsible for the processing of any payments via the Service and Users shall contact the third-party payment provider directly with any questions or concerns regarding payments. Our Service gives you the option to preview your Master directly via our web-based platform, even before you decide to check out by purchasing the Master. Because you have the chance to preview the Master before making a payment, we do not provide refunds for your purchases, unless otherwise required by applicable law.
THE SERVICE, MASTERING.STUDIO CONTENT, PA SOFTWARE, MASTERS, AND USER SUBMISSIONS ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, MASTERING.STUDIO EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, NON-INTERRUPTION, PERFORMANCE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify, and hold Mastering.Office, its officers, directors, employees, agents, and third party licensors (including Brainworx Audio GmbH), harmless from and against any claims, liabilities, losses, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your User Submissions, your access to or use of the Service or Mastering.Service Content, or your violation of these Terms of Service.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MASTERING.STUDIO, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES, INCLUDING LOST PROFITS, BUSINESS INTERRUPTION, DAMAGED EQUIPMENT, OR LOST INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR THIRD PARTY MATERIALS, EVEN IF MASTERING.STUDIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL MASTING.STUDIO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE PAST 3 MONTHS OR $10, WHICHEVER IS GREATER. YOU MUST SUBMIT ALL CLAIMS WITHIN A YEAR OF THE DATE OF OCCURRENCE OR ELSE THEY ARE WAIVED BY YOU.
The trademarks “MASTERING.STUDIO,” “PLUGIN ALLIANCE” and accompanying logos are trademarks or registered trademarks of Plugin Alliance. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
These Terms of Service and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. You agree that the exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in New York City, New York.
You may not assign or transfer these Terms of Service, by operation of law or otherwise, without Mastering.Studio’s prior written consent. Mastering.Studio may freely assign these Terms of Service.
Any notices or other communications required hereunder, including those regarding modifications to these Terms of Service, will be in writing and given by PLUGIN ALLIANCE via email if applicable (in each case to the address that you provide) or by posting to the Service.
A waiver of any right or provision under this Terms of Service will only be effective against Mastering.Studio once and if in writing and signed by a duly authorized representative of Mastering.Studio. If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be severed and reinterpreted so as to be enforceable to the maximum extent permissible by applicable law in order to reflect the original intent of the parties and the other provisions of these Terms of Service will remain in full force and effect. YOU MUST SUBMIT ALL CLAIMS MUST WITHIN A YEAR OF THE DATE OF OCCURRENCE OR ELSE THEY ARE WAIVED BY YOU, SUBJECT TO APPLICABLE LAW.