Terms of Service
Last Updated: December 28, 2024
1. Introduction and Acceptance of Terms
Welcome to Mix Experts, a platform operated by Limitless Perception LLC (“Company,” “we,” “us,” or “our”). These Terms of Service (“Terms”) constitute a legally binding agreement between you and Limitless Perception LLC governing your access to and use of the Mix Experts website, applications, and all related services (collectively, the “Platform”).
BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM.
Mix Experts operates as an online marketplace that connects audio professionals (“Service Providers” or “Sellers”) with individuals and businesses seeking audio services or digital products (“Clients” or “Buyers”). The Platform serves solely as a venue for transactions. Limitless Perception LLC is not a party to any agreement between Service Providers and Clients, does not provide audio services, and has no control over the quality, safety, legality, or any other aspect of services or products offered through the Platform.
2. Definitions
- “Account” means the user account you create to access the Platform.
- “Content” means any audio files, text, images, videos, or other materials uploaded, posted, or transmitted through the Platform.
- “Service Provider” or “Seller” means any user who offers mixing, mastering, production, or other audio-related services or Digital Products through the Platform.
- “Client” or “Buyer” means any user who purchases services or Digital Products from Service Providers.
- “Digital Products” means downloadable digital goods sold through the Platform, including but not limited to vocal presets, instrument presets, recording templates, mixing templates, sample packs, sound libraries, educational courses, tutorials, and other digital audio-related products.
- “Platform Fee” means the percentage-based fee charged by Limitless Perception LLC on transactions, as determined by the Service Provider's subscription tier.
- “Seller License Terms” means the specific licensing terms established by each Seller for their Digital Products.
3. Account Registration and Eligibility
3.1 Eligibility
To use the Platform, you must be at least 18 years old and legally capable of forming a binding contract in your jurisdiction. By creating an Account, you represent and warrant that you meet these requirements and that all registration information you provide is truthful and accurate.
3.2 Account Creation and Accuracy
You must provide accurate, current, and complete information during registration and maintain the accuracy of such information throughout your use of the Platform. You are solely responsible for maintaining the confidentiality of your Account credentials and for all activities that occur under your Account.
3.3 Account Security
You agree to immediately notify us of any unauthorized access to or use of your Account. We are not liable for any loss or damage arising from unauthorized use of your Account, whether or not you have notified us.
3.4 Account Termination
We reserve the right, in our sole discretion, to suspend, restrict, or terminate your Account at any time, with or without notice, for any reason or no reason, including but not limited to violation of these Terms, suspected fraudulent activity, or conduct we determine to be harmful to other users, third parties, or the Platform.
3.5 Effect of Termination
Upon termination, your right to use the Platform immediately ceases. Any pending transactions may be cancelled. We are not obligated to retain or provide you with any Content or data associated with your Account, except as required by applicable law.
4. Marketplace Nature of Platform
4.1 Platform as Venue Only
The Platform is a venue only. Limitless Perception LLC provides the technology and infrastructure to connect Service Providers with Clients. We do not:
- Provide, endorse, or guarantee any services or Digital Products listed on the Platform
- Employ, supervise, or control Service Providers in any manner
- Verify the qualifications, credentials, or quality of work of any Service Provider
- Guarantee the accuracy of any listings, descriptions, or representations made by users
- Act as an agent for any user or have any fiduciary relationship with users
4.2 Direct Agreements Between Users
All transactions on the Platform are direct agreements between Service Providers and Clients. Limitless Perception LLC is not a party to these agreements and has no obligation to resolve disputes between users, though we may choose to assist at our sole discretion.
4.3 No Endorsement
The inclusion of any Service Provider, service, or Digital Product on the Platform does not constitute an endorsement or recommendation by Limitless Perception LLC. Users are solely responsible for evaluating and selecting Service Providers or products.
5. Subscription Tiers and Platform Fees
5.1 Subscription Tiers
Mix Experts offers the following subscription tiers for Service Providers (prices subject to change):
- Free Tier: $0/month with a 10% Platform Fee on all transactions.
- Starter Tier: $19/month (or $15/month billed annually) with a 5% Platform Fee.
- Pro Tier: $49/month (or $39/month billed annually) with 0% Platform Fee.
- Studio Tier: $99/month (or $79/month billed annually) with 0% Platform Fee and additional features.
5.2 Platform Fee Structure
Platform Fees are automatically deducted from each transaction before funds are disbursed to Service Providers. Platform Fees are non-refundable under any circumstances, including if the underlying transaction is later refunded, disputed, or subject to chargeback.
5.3 Subscription Terms
Paid subscriptions automatically renew at the end of each billing cycle unless cancelled. You may cancel your subscription at any time, but no refunds or credits will be issued for partial billing periods. Upgrades take effect immediately with prorated charges. Downgrades take effect at the start of the next billing cycle.
5.4 Price Changes
We reserve the right to modify subscription prices and Platform Fee percentages at any time. We will provide reasonable notice before any price increases take effect for existing subscribers. Your continued use of the Platform after price changes constitutes acceptance of the new pricing.
6. Service Provider Terms and Obligations
6.1 Independent Contractor Status
Service Providers are independent contractors, not employees, agents, or representatives of Limitless Perception LLC. Nothing in these Terms creates an employment, partnership, joint venture, agency, or franchise relationship. Service Providers are solely responsible for their own:
- Federal, state, and local taxes (including self-employment taxes)
- Business licenses and permits
- Insurance coverage
- Compliance with all applicable laws, regulations, and professional standards
6.2 Service Terms and Agreements
All terms, conditions, and agreements related to mixing, mastering, production, or other audio services are to be communicated and agreed upon directly between the Service Provider and the Client. This includes but is not limited to:
- Scope of work and deliverables
- Turnaround times and deadlines
- Revision policies and limits
- Pricing, payment terms, and any additional fees
- Royalty splits, backend compensation, or points on masters
- Credit and attribution requirements
- Confidentiality and non-disclosure terms
- Usage rights and licensing of final deliverables
- Cancellation and refund policies
Limitless Perception LLC is not a party to any such agreements and bears no responsibility for their negotiation, enforcement, or any disputes arising therefrom. The Platform provides tools for Service Providers to communicate their terms, but it is the sole responsibility of Service Providers and Clients to ensure mutual understanding and agreement before commencing work.
6.3 Service Listings
Service Providers are solely responsible for the accuracy and completeness of their service listings, including descriptions, pricing, turnaround times, revision policies, and portfolio samples. Service Providers should clearly communicate all terms and policies in their listings or through direct communication with Clients before accepting orders. Misrepresentation or misleading listings may result in Account termination.
6.4 Refunds and Cancellations
Service Providers are responsible for establishing and communicating their own refund and cancellation policies to Clients. The Platform provides tools for Service Providers to process refunds when appropriate. Refund decisions for service-based transactions are at the discretion of the Service Provider, except in cases of clear fraud or non-delivery where the Platform may intervene.
6.5 Delivery Obligations
Service Providers agree to deliver work within the timeframes specified in their service listings or as otherwise agreed with Clients. Service Providers are solely responsible for managing their workload and meeting delivery commitments.
6.6 Communication Standards
Service Providers agree to maintain professional and respectful communication with Clients throughout all transactions.
6.7 Prohibited Conduct for Service Providers
Service Providers shall not:
- Offer services or products that violate any applicable laws or third-party rights
- Engage in fraudulent, deceptive, or misleading practices
- Circumvent Platform Fees by soliciting or accepting off-platform payments for transactions initiated on the Platform
- Create fake reviews, manipulate ratings, or engage in review fraud
- Share Account access with unauthorized parties
- Sell or offer services or products containing infringing, stolen, or unlicensed content
7. Client Terms and Responsibilities
7.1 Direct Agreements
When you purchase services or Digital Products through the Platform, you enter into a direct agreement with the Service Provider. Limitless Perception LLC is not a party to this agreement and assumes no liability for the performance or non-performance of Service Providers.
7.2 Payment
All payments are processed through our third-party payment processor (currently Stripe). By making a purchase, you agree to the payment processor's terms of service. Clients agree to pay the full price listed at the time of purchase plus any applicable taxes or fees.
7.3 Client Responsibilities
Clients are solely responsible for:
- Providing clear, accurate project requirements and specifications
- Providing reference materials and source files in a timely manner
- Ensuring they have all necessary rights to any Content they upload
- Responding to Service Provider communications in a reasonable timeframe
- Evaluating Service Providers before making purchases
7.4 Dispute Resolution Between Users
If you are unsatisfied with services or products received, you must first attempt to resolve the issue directly with the Service Provider. Service Providers set their own policies for revisions, refunds, and dispute resolution. If resolution cannot be reached after good-faith efforts, you may request Platform assistance within 14 days of delivery. We may, in our sole discretion, review disputes and facilitate resolution, but we are under no obligation to do so and our involvement does not guarantee any particular outcome. Any determination we make is final and binding.
7.5 Refund Policy
For service-based transactions (mixing, mastering, production, etc.), refund policies are established by each Service Provider individually. Clients should review the Service Provider's refund policy before placing an order. Service Providers have the ability to issue full or partial refunds through the Platform at their discretion.
The Platform may intervene and issue refunds in limited circumstances, including:
- Complete non-delivery of services after a reasonable period with no communication from the Service Provider
- Clear evidence of fraud or misrepresentation
The Platform will generally NOT intervene in refund decisions for:
- Subjective dissatisfaction with work that meets stated specifications
- Client's failure to provide necessary materials, feedback, or communication
- Changes in Client's needs or preferences after work has commenced
- Disputes over creative direction or artistic choices
- Disagreements about royalty splits, credits, or other terms that should have been agreed upon before work began
- Digital Products after download or access has been provided
8. Digital Products
8.1 Seller-Defined License Terms
Digital Products sold on the Platform (including vocal presets, instrument presets, recording templates, mixing templates, sample packs, educational courses, and other digital goods) are licensed according to the specific terms established by each Seller in their product listings (“Seller License Terms”). Buyers must review and agree to the Seller License Terms before purchasing any Digital Product.
8.2 Default License Terms
If a Seller does not specify license terms, the following default terms apply:
- Buyer receives a non-exclusive, non-transferable license for personal and commercial use
- Buyer may NOT resell, redistribute, sublicense, or share the Digital Product
- Buyer may NOT claim ownership or authorship of the Digital Product itself
- License is perpetual unless terminated for violation of terms
8.3 Digital Product Refunds
Due to the nature of digital goods, all Digital Product sales are generally final and non-refundable once the product has been downloaded or accessed. Refunds may only be considered if:
- The product is materially different from its description
- Technical issues prevent access to the purchased content and cannot be resolved
- The product file is corrupted and the Seller cannot provide a working replacement
8.4 Seller Representations
Sellers of Digital Products represent and warrant that:
- They own or have all necessary rights to sell and license the products
- The products do not infringe upon any third-party intellectual property rights
- All claims and descriptions in their listings are accurate and not misleading
- They will honor the license terms specified in their listings
8.5 Platform Role in Digital Products
Limitless Perception LLC does not review, verify, or endorse any Digital Products. We are not responsible for the content, quality, accuracy, or legality of Digital Products. Any disputes regarding Digital Products are between Buyer and Seller.
9. Intellectual Property Rights
9.1 Platform Intellectual Property
All intellectual property rights in the Platform itself, including trademarks, logos, designs, text, graphics, software, and underlying technology, are owned by Limitless Perception LLC or our licensors. You may not use our intellectual property without express written permission.
9.2 User Content License to Platform
You retain ownership of Content you upload to the Platform. By uploading Content, you grant Limitless Perception LLC a non-exclusive, worldwide, royalty-free, sublicensable license to use, display, reproduce, modify, and distribute such Content solely for the purpose of operating, promoting, and improving the Platform. This license terminates when you delete the Content or your Account, except for Content that has been shared with others or incorporated into Platform features.
9.3 Work Product Ownership (Services)
The ownership and rights to work product created through service transactions are determined by agreement between Service Provider and Client. If no specific agreement exists, the following defaults apply:
- Clients retain ownership of their original source materials (stems, recordings, etc.)
- Upon full payment, Clients receive ownership of the final delivered work product
- Service Providers retain the right to use non-confidential portions of work in their portfolio unless Client explicitly requests otherwise at the time of order
- Service Providers retain ownership of their pre-existing tools, templates, presets, and techniques used in creating the work
9.4 Seller Intellectual Property Protection
Service Providers and Sellers retain all intellectual property rights in:
- Their portfolio content, demonstrations, and sample works
- Their Digital Products and the underlying creative works
- Their methodologies, techniques, and trade secrets
- Any pre-existing materials incorporated into client deliverables
9.5 Copyright Infringement Claims
We respect intellectual property rights. If you believe your copyrighted work has been infringed on the Platform, please contact us at legal@mixexperts.com with: (a) identification of the copyrighted work, (b) identification of the allegedly infringing material, (c) your contact information, (d) a statement of good faith belief, and (e) a statement under penalty of perjury that the information is accurate.
10. Payment Processing
10.1 Third-Party Payment Processing
All payments are processed through Stripe Connect or other third-party payment processors. Service Providers must connect a valid payment account to receive payouts. By using payment services, you agree to the applicable payment processor's terms of service. Limitless Perception LLC is not responsible for any errors, failures, or issues arising from third-party payment processing.
10.2 Payouts
Payout timing and availability depend on the payment processor and your financial institution. We do not guarantee specific payout timelines.
10.3 Currency
All prices are displayed in US Dollars unless otherwise specified. Currency conversion fees imposed by payment processors or financial institutions are your responsibility.
10.4 Taxes
Users are solely responsible for determining and paying all applicable taxes on their transactions. Limitless Perception LLC may be required to report income to tax authorities and may withhold taxes as required by law.
10.5 Chargebacks and Payment Disputes
If a Client initiates a chargeback or payment dispute, we may immediately suspend the disputed funds and/or deduct the disputed amount from the Service Provider's available balance or future earnings. We may also charge reasonable fees for chargeback handling. Service Providers are responsible for providing documentation to dispute fraudulent chargebacks.
11. Prohibited Content and Conduct
You agree not to:
- Upload, post, or transmit Content that is illegal, harmful, threatening, abusive, harassing, defamatory, obscene, or otherwise objectionable
- Infringe upon the intellectual property rights of others
- Transmit viruses, malware, or other harmful code
- Attempt to gain unauthorized access to any part of the Platform or other users' accounts
- Use the Platform for any illegal purpose
- Engage in price manipulation, fake reviews, or other fraudulent conduct
- Circumvent or attempt to circumvent Platform Fees
- Scrape, harvest, or collect user data without authorization
- Impersonate any person or entity
- Interfere with the proper functioning of the Platform
- Use automated systems (bots, scrapers, etc.) to access the Platform without authorization
- Engage in any activity that could damage, disable, or impair the Platform
12. Disclaimers
12.1 Platform Disclaimer
THE PLATFORM AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, LIMITLESS PERCEPTION LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
12.2 No Guarantee of Availability
We do not guarantee that the Platform will be available at all times, uninterrupted, secure, or error-free. We may modify, suspend, or discontinue the Platform at any time without notice.
12.3 No Guarantee of Results
We make no representations or guarantees regarding income, business success, or any other results from using the Platform.
12.4 Third-Party Services
The Platform integrates with third-party services. We are not responsible for the availability, accuracy, security, or reliability of such third-party services.
12.5 User Transactions
LIMITLESS PERCEPTION LLC IS NOT RESPONSIBLE FOR AND DISCLAIMS ALL LIABILITY FOR THE QUALITY, SAFETY, LEGALITY, ACCURACY, OR DELIVERY OF ANY SERVICES, DIGITAL PRODUCTS, OR OTHER ITEMS OFFERED BY USERS. ANY DISPUTES BETWEEN USERS ARE SOLELY BETWEEN THOSE PARTIES.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LIMITLESS PERCEPTION LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO LIMITLESS PERCEPTION LLC (NOT TO SERVICE PROVIDERS) IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
14. Indemnification
You agree to indemnify, defend, and hold harmless Limitless Perception LLC and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
- Your use of or access to the Platform
- Your violation of these Terms
- Your violation of any applicable laws or third-party rights
- Any Content you upload, post, or transmit through the Platform
- Any services or Digital Products you provide or sell through the Platform
- Any transaction or dispute between you and another user
- Your tax obligations or failures to comply with tax requirements
15. Governing Law and Dispute Resolution
15.1 Governing Law
These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law provisions.
15.2 Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in English, and the seat of arbitration shall be Houston, Texas, or may be conducted remotely as agreed by the parties.
15.3 Class Action Waiver
YOU AND LIMITLESS PERCEPTION LLC 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, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
15.4 Small Claims Exception
Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdiction.
15.5 Injunctive Relief
Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.
16. Changes to Terms
We reserve the right to modify these Terms at any time in our sole discretion. If we make material changes, we will notify you by posting the updated Terms on the Platform and updating the “Last Updated” date. We may also send email notification for significant changes. Your continued use of the Platform after any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform.
17. General Provisions
17.1 Entire Agreement
These Terms, together with the Privacy Policy and any other agreements expressly referenced herein, constitute the entire agreement between you and Limitless Perception LLC regarding the Platform and supersede all prior agreements and understandings.
17.2 Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.
17.3 No Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless made in writing and signed by an authorized representative of Limitless Perception LLC.
17.4 Assignment
You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
17.5 Force Majeure
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, pandemics, government actions, internet or telecommunications failures, or power outages.
17.6 Relationship of Parties
Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Limitless Perception LLC.
17.7 Survival
Provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnification, limitation of liability, and dispute resolution provisions.
18. Contact Information
If you have any questions about these Terms, please contact us:
Limitless Perception LLC
d/b/a Mix Experts
Legal Inquiries: legal@mixexperts.com
General Support: support@mixexperts.com
BY USING MIX EXPERTS, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU ARE USING THE PLATFORM ON BEHALF OF AN ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT ORGANIZATION TO THESE TERMS.