AGREEMENT TO OUR TERMS

We are MyPie, Inc. ("Company," "we," "us," "our"), a Delaware C-Corporation providing a platform exclusively for music artists, bands, and labels to receive direct financial support from fans based on listening data. Our mission is to foster a sustainable and direct connection between content creators and their audiences.

Use of the Services is restricted to Music industry professionals: individual artists, bands, and record labels. Labels may claim multiple artist accounts under their official registration. A label must provide proof of its legal existence (e.g., business registration, tax ID) when claiming on behalf of any artist. Only Music industry professionals may use these Terms or the Services to collect or receive funds.

These Terms constitute a legally binding agreement between you (the account holder or your authorized representative) and MyPie, Inc. By using MyPie to collect and distribute fan contributions, you acknowledge that MyPie collects payments from fans and distributes them to your connected account. MyPie does not act as the seller or supplier of any product or service and does not acquire ownership of fan contributions other than its stated platform fee. You also acknowledge that MyPie does not set the pricing, contribution amount, or value of any fan contribution—this is determined solely by the fan.

We may update these Terms at any time. Continued use of the Services after any update constitutes acceptance of the revised Terms.

Definitions:

• "Pie" refers to the monthly budget or contribution set by a fan to support artists.
• "Virtual Wallet" means a secure, digital balance used to hold or distribute funds.
• "Claimed Artist" means an artist or entity that has completed the MyPie verification process.

1. OUR SERVICES FOR ARTISTS

MyPie enables Music industry professionals to receive fan support based on streaming engagement metrics, providing an additional revenue stream beyond traditional streaming payouts.

Key features:

• Verification & Eligibility: Artist ownership verification via third-party social media or Spotify for Artists accounts; confirmation of legal authority to claim funds.
• Analytics & Reporting: Fan support analytics (provided "as is" without warranties) and detailed distribution reports available upon request.
• Payments & Management: Direct payment processing via Stripe (subject to Stripe's dispute resolution and compliance processes); team funds management; minimum withdrawal threshold to cover fees.

For labels receiving aggregated payouts, MyPie will provide a detailed transaction report, grouping individual fan contributions by artist, so label administrators can easily reconcile and allocate funds to their roster.

Fan Customization & Exclusions: Fans may apply filters (e.g., reward only top artists, adjust popularity weighting, or directly ignore specific artists) to their Pie allocations. You acknowledge that MyPie applies these filters strictly as configured; MyPie is not liable for any artist exclusions or reduced payouts resulting from fan-selected filters.

2. ARTIST VERIFICATION

2.1 MyPie Artist Verification Process

To receive fan contributions, artists and their authorized representatives must complete MyPie's verification process. This process is designed to reasonably confirm association with a Spotify artist profile, but it does not constitute a legal or biometric identity check, nor does it imply that MyPie guarantees the identity of claimants.

MyPie's artist verification relies on two primary methods:

• Spotify Bio Verification: MyPie provides a unique verification code that must be placed in your official Spotify artist bio. This process depends entirely on Spotify's internal account access controls, and MyPie does not verify who controls the Spotify artist account.
• Third-Party Metadata Matching: MyPie uses publicly available metadata from services such as MusicBrainz and Spotify to associate streaming activity with artist entities. These sources may contain errors or outdated information, which could affect allocations. MyPie is not responsible for metadata inaccuracies beyond its control.

By completing the verification process, you represent and warrant the following:

• You are either the artist, a member of the artist's team, or a legally authorized representative (e.g., label, manager, estate executor).
• You are legally entitled to receive 100% of the funds allocated to this artist profile, and no part of these funds is subject to third-party claims, revenue-sharing, or contractual obligations (e.g., from labels, publishers, or distributors), unless explicitly authorized.
• You are responsible for complying with any internal revenue-sharing or legal obligations not visible to MyPie (e.g., if you have contracts requiring you to share revenue with labels or publishers, you must handle those obligations yourself).
• You will indemnify and hold harmless MyPie from any legal claims, disputes, or damages resulting from false or disputed identity claims.
• You agree not to use the Services for any fraudulent, unlawful, or unauthorized purposes, including impersonating any person or entity, or misrepresenting your affiliation with an artist, band, or label.

Disclaimer: MyPie does not independently verify your legal identity or contractual rights beyond the methods listed above. MyPie is not liable for mistaken or disputed claims unless resulting from gross negligence or willful misconduct. MyPie does not guarantee the accuracy of artist-to-fan streaming data matching and is not liable for any incorrect allocations except in cases of gross negligence.

2.2 Label Verification

If you are a record label claiming on behalf of one or more artists:

• You must provide valid proof of legal status (e.g., business registration, tax ID, or incorporation certificate).
• You represent and warrant that you have the legal authority to act on behalf of each artist you claim, and to receive funds associated with their streaming activity.
• You agree to provide updated documentation upon request if there are any changes to your roster or authority.
• You agree to fairly distribute all received funds to the respective artists in accordance with your internal agreements and legal obligations.

2.3 Estate or Successor Claims

If the artist is deceased:

• Only a legally recognized executor, administrator, or rights holder may claim funds.
• You must submit supporting legal documentation, such as letters testamentary, probate court orders, or contracts proving ownership or control of posthumous rights.
• Additional verification may be required for estate claims.

2.4 Group & Band Member Claims

If you are claiming funds on behalf of a group, collective, or band:

• You are solely responsible for fairly redistributing funds among the rightful contributors, including all current and former members with financial rights.
• You must maintain internal documentation of how funds are divided. These records must be provided to MyPie or any requesting group member upon request.
• MyPie disburses funds to the single account you designate and assumes no responsibility for internal splits or disputes.
• MyPie reserves the right to pause, investigate, or reverse payments in cases of fraud, suspected impersonation, or failed verification.

2.5 Reporting Disputes or Fraud

If you believe your artist profile has been incorrectly claimed, or if you suspect any instance of fraud, impersonation, or allocation error, please contact MyPie support at team@mypie.app. MyPie will review your report and may freeze any disputed funds during the investigation.

2.6 Artist Account Termination/Removal

MyPie reserves the right to suspend or terminate your account at its sole discretion for violations of these Terms, suspected fraud, or as required by law. Upon termination, unclaimed funds will be handled according to Section 7 (Unclaimed Funds & Contributions). MyPie reserves the right to report suspected criminal or fraudulent activity to law enforcement or regulatory authorities and to cooperate fully with any investigation.

3. PAYMENTS AND DISTRIBUTIONS

All funds received through MyPie are direct fan contributions to artists. MyPie collects payments from fans and distributes them to your connected account.

• Automatic Distribution to Stripe: Verified artists with connected Stripe accounts receive funds directly, net of applicable fees.
• Virtual Wallet Holding: If you are unverified, your allocation is held in a secure virtual wallet. After 12 months, unclaimed funds return to the original fan's wallet.
• Minimum Threshold: A minimum payout threshold of $3 applies to cover Stripe fees.

MyPie is not liable for value fluctuations during holding periods.

Audit & Fraud Investigations:

• MyPie may freeze disbursements during investigations.
• You are required to cooperate and provide supporting documentation.
• Confirmed fraud may result in reversals and account termination.

You agree to provide all information and documentation reasonably requested by MyPie in connection with any investigation into fraud, impersonation, or unauthorized claims.

You agree to provide required documents to Stripe upon legal requests to continue receiving contributions.

MyPie reserves the right to deduct from any future distributions or to seek reimbursement for any losses, damages, or costs (including legal fees) resulting from your violation of these Terms or from fraudulent or unlawful activity.

4. LEGAL & TAX STATUS

You are responsible for reporting and remitting taxes related to funds received through MyPie.

MyPie is responsible for collecting and remitting VAT on the total pie amount (fan payment) where required by law, as MyPie is the merchant of record for the service provided to fans.

You acknowledge that MyPie collects payments from fans and distributes them to your connected account. This structure ensures MyPie acts as the payment processor for the service provided to fans. Pricing and contribution amounts are set by the fans at their discretion—MyPie does not determine or influence these amounts.

5. FEES & COMMISSION

5.1 Fan Contribution Processing

Before artists receive funds, processing costs are deducted, then the remaining Pie is split among beneficiaries including a fan-chosen MyPie Share:

• MyPie Share: Optional donation of 0%, 2%, 5%, or 8% of the net Pie (suggested 5%), chosen by the fan in Pie Settings
• MyPie Billing Volume Fee: 0.7% of gross fan contribution (for business intelligence and volume tracking)
• MyPie Tax Reserve Fee: 0.5% of gross fan contribution (reserved for tax obligations and compliance)
• Stripe Processing Fees: Typically 2.9% + 30¢ per transaction (deducted by Stripe)
• Applicable Taxes: VAT or other taxes where legally required

5.2 Artist Payout Fees

When you withdraw funds from your MyPie account, the following fees apply:

• Monthly Account Fee: $2 per active connected account per month. An account is considered "active" when you make at least one payout within that month. You only pay this fee once per month when you have a payout. If you do not make a payout in subsequent months, you do not pay the monthly fee.
• Stripe Payout Fee: 0.3% per payout transaction (deducted from your payout amount).

5.3 Payment Flow

Step 1: Fan makes contribution → MyPie and Stripe fees deducted → Net amount credited to your MyPie artist wallet
Step 2: You request payout → Monthly fee and payout fee deducted → Final amount transferred to your bank account
Currency Conversion: Stripe automatically converts funds to your local currency based on your selected bank account.

If you are a label or authorized representative, you agree that all MyPie proceeds are passed through to the artist's account without deductions for representation commissions.

6. REFUNDS & CHARGEBACKS

Valid chargebacks initiated through Stripe will be honored. If a chargeback occurs after payout:

• You must reimburse MyPie by deduction from future distributions or via invoice.
• MyPie may hold a reserve for up to 120 days to cover potential chargebacks.

7. UNCLAIMED FUNDS & CONTRIBUTIONS

Any funds held in escrow for 12 months with no claim may be returned to the contributing fan's wallet. If the fan's account is also inactive, MyPie will send those funds to Public Pies as detailed in the fan terms of service.

8. CONTENT STANDARDS & COMMUNITY GUIDELINES

MyPie is committed to maintaining a safe and respectful platform for all users. As an artist or label, you agree to follow these content standards:

8.1 Prohibited Content

You may not use MyPie to receive support for content that:

• Promotes violence, hate speech, or discrimination
• Contains explicit sexual content without appropriate warnings
• Infringes on intellectual property rights
• Promotes illegal activities or substances
• Contains false or misleading information
• Harasses, bullies, or threatens others
• Promotes self-harm or dangerous activities
• Contains graphic violence or gore

8.2 Content Moderation

MyPie reserves the right to:

• Remove or restrict access to violating content
• Suspend or terminate accounts that violate standards
• Investigate reported violations
• Take appropriate action based on severity
• Hold funds pending investigation

8.3 Reporting Violations

If you encounter content that violates these standards:

• Report it immediately to team@mypie.app
• Include specific details about the violation
• Provide any relevant evidence or context

8.4 Appeal Process

If your content is removed or account is restricted:

• You may appeal the decision within 30 days
• Submit your appeal to team@mypie.app
• Include relevant context and evidence
• MyPie will review and respond within 14 days

9. INTELLECTUAL PROPERTY & DMCA

MyPie respects intellectual property rights and provides a process for addressing copyright infringement claims:

9.1 Copyright Protection

By using MyPie, you represent and warrant that:

• You own or have the right to use all content associated with your artist profile
• Your content does not infringe on the rights of third parties
• You have obtained necessary licenses for any third-party content
• You will not use MyPie to distribute unauthorized content

9.2 DMCA Procedures

If you believe your copyrighted work has been used without permission:

• Send a DMCA takedown notice to team@mypie.app
• Include your contact information and signature
• Identify the specific copyrighted work
• Provide evidence of your ownership
• State that you have a good faith belief the use is unauthorized
• Confirm the information is accurate under penalty of perjury

9.3 Counter-Notification

If you believe your content was removed in error:

• Submit a counter-notification within 10 business days
• Include your contact information and signature
• State that you consent to local federal court jurisdiction
• Confirm you will accept service of process

9.4 Repeat Infringer Policy

MyPie maintains a policy for repeat copyright infringers:

• First violation: Content removal and warning
• Second violation: Account suspension (30 days)
• Third violation: Permanent account termination
• Appeals may be submitted for review

10. MISCONDUCT INVESTIGATION & ENFORCEMENT

MyPie takes allegations of misconduct seriously and maintains a fair investigation process:

10.1 Investigation Process

When misconduct is reported:

• MyPie will conduct a thorough investigation
• All parties will be given an opportunity to respond
• Evidence will be reviewed impartially
• Decisions will be based on available evidence
• Appeals may be submitted for review

10.2 Types of Misconduct

Misconduct includes but is not limited to:

• Fraudulent identity claims
• Copyright infringement
• Harassment or abuse
• Violation of content standards
• Attempts to manipulate the platform
• Failure to comply with verification requests

10.3 Enforcement Actions

Based on investigation findings, MyPie may:

• Issue warnings
• Suspend accounts temporarily
• Terminate accounts permanently
• Hold or reverse payments
• Report violations to authorities
• Implement additional verification requirements

10.4 Appeal Rights

You have the right to appeal enforcement actions:

• Submit appeal within 30 days of action
• Include relevant evidence and context
• Appeal will be reviewed by different team member
• Decision will be communicated within 14 days

11. SECURITY & FRAUD PREVENTION

MyPie implements comprehensive security measures to protect users and prevent fraud:

11.1 Account Security

To maintain account security:

• Use strong, unique passwords
• Enable two-factor authentication if available
• Keep your contact information current
• Log out of shared devices
• Report suspicious activity immediately

11.2 Fraud Detection

MyPie actively monitors for fraudulent activity including:

• Multiple artist profile claims
• Unusual payment patterns
• Suspicious verification attempts
• Identity verification failures
• Disputed ownership claims

11.3 Investigation & Action

When fraud is detected:

• Accounts may be temporarily suspended
• Funds may be held pending investigation
• Legal authorities may be notified
• Cooperation with law enforcement as required

12. MISCELLANEOUS

These Terms are governed by Delaware law. Disputes are subject to arbitration in Delaware.

MyPie is not liable for failures due to force majeure events. No provision here creates a partnership, joint venture, or employer relationship. Force majeure events include, but are not limited to, natural disasters, acts of war or terrorism, government regulation, internet or telecommunications failures, and third-party service interruptions (including but not limited to Spotify API outages).

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYPIE'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT YOU RECEIVED FROM MYPIE IN THE 12 MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL MYPIE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

14. BETA SERVICES & EARLY ACCESS

MyPie is currently in development and some features may be in beta or testing phases. We may experience service interruptions, data inconsistencies, or feature changes as we improve the platform. Artists and labels acknowledge they are participating in an evolving service.

15. SERVICE INTERRUPTIONS & MAINTENANCE

MyPie's service depends on third-party providers including Spotify and Stripe:

• Planned Maintenance: We will provide reasonable notice for scheduled maintenance that may affect service.
• Third-Party Outages: Service interruptions due to Spotify API issues, Stripe outages, or other external services are beyond our control.
• Compensation: MyPie will not provide refunds or credits for service interruptions caused by third-party providers.
• Alternative Solutions: During extended outages, we may implement alternative distribution methods or extend payout cycles.

16. SERVICE LEVELS & RELIABILITY

MyPie aims to provide reliable service but makes no guarantees:

• Uptime: We strive for high availability but do not guarantee specific uptime percentages.
• Data Accuracy: While we make reasonable efforts to ensure accuracy, listening data and distribution calculations may contain errors.
• Performance: Service speed and responsiveness may vary based on user location and system load.
• Third-Party Dependencies: Service quality depends on Spotify, Stripe, and other external providers.

16.1 Artist Payment Protection

MyPie maintains robust financial systems to protect your earnings:

• Secure Payment Processing: All artist payments are monitored and verified before distribution
• Fraud Prevention: Multiple verification layers protect against fraudulent claims and payouts
• Error Detection: Financial discrepancies are automatically identified and corrected
• Audit Compliance: Complete transaction records maintained for all earnings and payouts
• Verified Payouts: Only legitimate, verified artists receive payments through secure channels

Your earnings are protected by enterprise-grade financial systems ensuring accurate tracking and secure distribution.

17. INTERNATIONAL COMPLIANCE & PAYMENTS

MyPie operates globally and supports artists from various countries:

• Currency Conversion: All transactions are processed in USD. Stripe automatically converts funds to your local currency based on your selected bank account. Currency conversion rates are determined at the time of payout transaction and may fluctuate from when fan contributions were received.
• Exchange Rate Timing: Currency conversion rates are applied at the exact moment of your payout request, not when fan contributions were originally made.
• Regional Compliance: MyPie complies with local regulations in supported regions, including GDPR (EU), CCPA (California), and other applicable privacy laws.
• Payment Methods: We support various international payment methods through Stripe, including local payment options where available.
• Tax Compliance: MyPie collects and remits applicable taxes based on your location and local regulations.

18. CUSTOMER SUPPORT & DISPUTES

18.1 Support Response Times

We aim to respond to inquiries within a reasonable timeframe during business days.

18.2 Escalation

Unresolved issues can be escalated by emailing team@mypie.app with "Escalation" in the subject. We will respond within 5 business days.

18.3 Dispute Resolution

Before pursuing legal action, you agree to attempt resolution through direct communication with MyPie support. If resolution cannot be reached, disputes will be resolved through binding arbitration in Delaware.

Disputes will be resolved through binding arbitration in Delaware under AAA Commercial Arbitration Rules. Class actions are prohibited.

19. GOVERNING LAW & JURISDICTION

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law principles. Any legal action or proceeding relating to these Terms shall be instituted in the state or federal courts located in Delaware.

You consent to the personal jurisdiction of such courts and waive any objection to venue in such courts.

20. ENTIRE AGREEMENT & SEVERABILITY

These Terms constitute the entire agreement between you and MyPie regarding the Services and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written.

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent possible.

The failure of MyPie to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

CONTACT US

MyPie, Inc.

team@mypie.app

All legal notices and official communications must be sent to team@mypie.app unless otherwise specified.