Terms of Service

Effective Date: June 1, 2025  |  Last Updated: June 1, 2025

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Spawnpoint Media LLC ("Company," "we," "us," or "our") governing your access to and use of the Artist's Toolkit web application ("Service") available at artist-toolkit.com.

By accessing or using the Service, creating an account, or completing a purchase, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

2. Eligibility

To use the Service, you must:

• Be at least 18 years of age; or
• Be at least 13 years of age and have the express consent of a parent or legal guardian who agrees to these Terms on your behalf
• Have the legal capacity to enter into a binding agreement
• Not be prohibited from using the Service under any applicable law

By using the Service, you represent and warrant that you meet these eligibility requirements. We reserve the right to suspend or terminate accounts of users who misrepresent their age or eligibility.

3. Account Creation and Security

To access the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Keep your password confidential and not share it with any third party
• Notify us immediately at spawnpointmedia@gmail.com if you suspect unauthorized access to your account
• Be solely responsible for all activity that occurs under your account

You may not create more than one account per person. Accounts are personal and non-transferable. We reserve the right to refuse registration or cancel accounts at our discretion.

4. License to Use the Service

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal, non-commercial purposes as an independent music artist or music industry professional managing your own or your clients' streaming analytics.

This license does not permit you to:

• Resell, sublicense, or make the Service available to any third party as a service offering
• Build competing products using our platform architecture or AI outputs
• Use the Service on behalf of or for the commercial benefit of more than one artist without a separate agreement with us

5. Credit System

5.1 Purchase and Allocation

The Service uses a credit-based system for AI-powered features. Your one-time purchase of $35 includes 25 credits. Credits are allocated to your account upon successful payment confirmation from Stripe.

5.2 Credit Usage

Credits are consumed as follows:

• 1 credit per Metrics Deep Dive AI Analysis
• 3 credits per Ask the Expert session (10 turns)
• 3 credits per Ask the Data session (10 turns)

Dashboard visualization, data uploads, and manual metric entry are free and do not consume credits. Credits are deducted when you initiate an AI feature, not when you view results.

5.3 Additional Credit Packs

Additional credit packs are available for purchase in-app at posted prices. All credit purchases are subject to these Terms and the Refund Policy.

5.4 Credit Expiration

Credits included with your initial $35 purchase do not expire. Additional credit pack terms will specify expiration conditions, if any, at the time of purchase.

6. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Upload data you do not have the right to use or that infringes third-party intellectual property
• Attempt to reverse engineer, decompile, disassemble, or derive source code from the Service
• Access the Service through automated means (bots, scrapers, or crawlers) without our express written permission
• Circumvent, disable, or interfere with security-related features of the Service
• Share your account credentials or access with any other person
• Use the Service to develop competing products or services
• Transmit viruses, malware, or any other malicious code
• Engage in fraudulent activity, including attempting to manipulate credits or payment systems
• Use AI-generated outputs to misrepresent the source of analysis or advice to third parties in a deceptive manner

7. AI-Generated Content Disclaimer

The Service uses artificial intelligence to generate analysis, recommendations, and responses. You acknowledge and agree that:

• AI-generated outputs are provided for informational and educational purposes only and do not constitute professional business, legal, financial, or music industry advice
• The accuracy, completeness, and timeliness of AI outputs cannot be guaranteed
• AI outputs reflect patterns in training data and may contain errors, biases, or outdated information
• You are solely responsible for any decisions made based on AI-generated outputs
• Spawnpoint Media LLC is not liable for losses, damages, or adverse outcomes resulting from reliance on AI-generated content
• You should exercise independent judgment and consult qualified professionals for significant business decisions

8. Intellectual Property

8.1 Your Data

You retain all ownership and intellectual property rights in the data you upload to the Service ("Your Data"). By uploading Your Data, you grant us a limited, non-exclusive license to process Your Data solely for the purpose of providing the Service to you. We do not claim ownership of Your Data and will not use it for any purpose other than operating the Service as described in our Privacy Policy.

8.2 Our Platform

The Service, including its software, design, algorithms, documentation, and all content produced by Spawnpoint Media LLC (excluding Your Data and AI outputs derived from Your Data), is owned by Spawnpoint Media LLC and protected by applicable intellectual property laws. You may not copy, modify, distribute, or create derivative works based on our platform without our express written permission.

8.3 AI-Generated Outputs

Analysis, reports, and AI-generated text produced by the Service in response to your inputs are provided to you for your personal use. We do not assert copyright ownership over outputs generated specifically from your data and questions.

9. Payment Terms

The Service is offered as a one-time purchase of $35, processed through Stripe, Inc. By completing a purchase, you agree to:

• Pay the stated price at the time of purchase
• Provide accurate and complete billing information to Stripe
• Be bound by Stripe's Terms of Service for payment processing

All prices are stated in U.S. dollars. Applicable taxes may be added at checkout based on your location. We reserve the right to change pricing at any time, but changes will not affect already-completed purchases.

10. Termination

10.1 Termination by You

You may close your account at any time by contacting us at spawnpointmedia@gmail.com or using the account deletion feature in your settings. Upon deletion, your personal data will be removed per our Privacy Policy. Any unused credits are forfeited upon account deletion and are not refundable (see Refund Policy).

10.2 Termination by Us

We reserve the right to suspend or terminate your account, with or without notice, if you violate these Terms, engage in fraudulent activity, create legal liability for us, or if we discontinue the Service. In cases of termination due to our decision to discontinue the Service (not for cause), we will provide 30 days' notice by email and issue a prorated refund of unused credits.

11. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SPAWNPOINT MEDIA LLC AND ITS MEMBERS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless Spawnpoint Media LLC and its members, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights; or (d) any data you upload to the Service.

14. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may seek injunctive relief in a court of competent jurisdiction for intellectual property infringement claims.

You waive your right to participate in a class action lawsuit or class-wide arbitration against Spawnpoint Media LLC. If this class action waiver is found unenforceable, then the arbitration provision above shall not apply.

15. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will notify you by email at least 14 days before the changes take effect and update the "Last Updated" date above. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you disagree with the updated Terms, you must discontinue use of the Service.

16. Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect. These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Spawnpoint Media LLC regarding the Service and supersede all prior agreements and understandings.