EFFECTIVE DATE & UPDATES

Effective Date: August 2025

Last Updated: August 2025

Version: 1.0

These terms may be updated as MyPie evolves. We will notify users of significant changes through the platform or email.

1. AGREEMENT TO OUR TERMS

By accessing or using MyPie, Inc. ("Company," "we," "us," "our") services (the "Services"), you agree to be bound by these Terms of Service for Fans ("Terms"). If you disagree with any part of these Terms, please do not use the Services.

We may update these Terms at any time. When we do, we may notify you through the platform (e.g., banner, login prompt, or dashboard notice). Continued use of the Services after such notice constitutes acceptance of the updated Terms. We are not required to send email notifications unless legally required.

2. ELIGIBILITY & ACCOUNT REGISTRATION

2.1 Age Requirements & Verification

Use of the Services is limited to individuals who are at least 18 years old or of legal age in your jurisdiction. If you move to a jurisdiction where the age of majority is higher, you must cease using the Services until you meet local requirements.

MyPie reserves the right to verify your age and identity through:

• Government-issued identification documents
• Credit card verification (must be in your name)
• Additional verification methods as required

Failure to provide adequate verification may result in account suspension or termination.

2.2 Account Registration

To use the Services, you must:

• Provide a valid email address.
• Create a secure password.
• Complete age verification if requested.
• Provide accurate personal information.

You agree to keep your credentials confidential and notify us immediately of any unauthorized access.

2.3 One Account per Fan

Each fan may maintain only one active account. Sharing or creating multiple accounts is prohibited to prevent fraud, ensure accurate contribution tracking, and maintain Pie integrity.

2.4 Account Security & Verification

MyPie may require additional verification steps including:

• Two-factor authentication
• Phone number verification
• Identity document verification
• Payment method verification

You agree to cooperate with all reasonable verification requests.

3. DESCRIPTION OF SERVICES

3.1 Pie Creation

Fans may create a "Pie": a customizable allocation of monthly contributions to support artists, bands, and labels based on streaming data.

3.2 Filters & Preferences

Apply settings such as top-artist weighting, minimum popularity thresholds, or artist exclusions.

3.3 Public Data Usage

MyPie may make aggregated listening data publicly available on artist profiles (e.g., total listens, chart rankings) and in broader features like Earth charts. All data is displayed only in aggregate form and does not identify individual listeners.

3.4 Contribution Management

Contributions are voluntary and made directly to the selected artists. MyPie facilitates delivery of those contributions per your Pie configuration and acts solely as an agent of the artist. MyPie is not the supplier of any goods or services.

3.5 No Goods or Services

Contributions do not entitle you to any goods, services, or consideration; they serve solely to support artists.

3.6 Subscription Cancellation

You may cancel a recurring Pie at any time from your dashboard. Cancellations take effect at the end of the current billing period, and no further charges will occur thereafter.

3.7 Limitation on Withdrawals

Fan wallet balances cannot be withdrawn directly to payment methods; unused funds are automatically applied to future Pies or managed per Section 4.8.

3.8 Artist Identity & Authentication Disclaimer

MyPie makes reasonable efforts to verify that artists who claim funds are the rightful owners or authorized representatives of the associated Spotify artist profile. However, all account matching and verification rely on third-party systems and public data sources that are outside of MyPie's direct control and may contain inaccuracies.

Verification is based on two primary methods:

• Metadata Matching: We use publicly available artist data from external services to associate fan streaming activity with artist accounts. These sources may be incomplete, outdated, or incorrect.
• Manual Claim via Spotify Bio: Artists verify their account by inserting a unique verification code into their Spotify artist bio, which requires access to their official Spotify artist account.

MyPie only validates the technical completion of these steps. We do not independently verify the legal identity of the person managing the profile or confirm their contractual authority. By using MyPie, fans acknowledge that distributions are made based on best-effort verification and third-party data. MyPie is not liable for misdirected contributions unless the error results from gross negligence or intentional misconduct.

You agree that any disputes related to the identity or authorization of a claimed artist must be resolved directly with that artist. MyPie has no obligation to intervene in such disputes and assumes no liability for contributions sent to misidentified or disputed profiles.

3.9 Artist Claim Limitation

You acknowledge and agree that MyPie cannot guarantee that every artist you listen to will create or claim a MyPie account. While we make best-effort attempts to partner with artists, labels, and distributors to onboard artists in bulk, unclaimed artist funds are handled as outlined in Section 4.8. You accept that MyPie is a fan-driven system and distributions are dependent on artists' participation.

4. PAYMENTS & CONTRIBUTIONS

4.1 Monthly Billing

By creating a Pie, you authorize MyPie to charge your chosen payment method a fixed monthly amount.

4.2 Allocation

After collecting one full month of streaming data, we calculate each artist's share and distribute funds:

• Claimed Artists: Paid to the artist's MyPie wallet or connected Stripe account.
• Unclaimed Artists: Held in the artist's MyPie wallet for up to 12 months (see 4.6).

4.3 MyPie as Agent

By using the Services, you agree that MyPie is not the legal recipient or supplier of your contributions. Artists are the sole beneficiaries and sellers of record. MyPie acts only as an intermediary and deducts a service fee for facilitating the transaction.

4.4 No Eligible Artists

If no eligible artists remain at distribution:

• Any recurring Pie is automatically stopped.
• The full amount after fees returns to your fan wallet for future use.

4.5 MyPie Share & Processing Costs

MyPie is funded by optional donations from your Pie, the same way artists are funded:

• MyPie Share: 0%, 2%, 5%, or 8% of the net Pie (suggested 5%). You can set 0%.
• Subscription Billing Volume Fee: 0.7% of gross Pie amount (for business intelligence and volume tracking)
• Tax Reserve Fee: 0.5% of gross Pie amount (reserved for tax obligations and compliance)
• Stripe Processing Fees: Stripe deducts its own transaction fees (typically 2.9% + 30¢) before remitting funds
• Taxes & VAT: MyPie collects and remits applicable taxes on the full transaction amount where legally required, as we act as the service provider for payment processing

4.6 Data Collection Failures

If MyPie cannot retrieve streaming data for one or more artists in a cycle:

• Hold Pending: Funds earmarked for affected artists are held while we restore the data connection.
• Refund on Timeout: If unresolved within a reasonable timeframe, the pending amount is returned to your fan wallet for the next Pie.

4.7 Unclaimed Artist Funds & Fan Wallet

Allocated funds not claimed by an artist within 12 months return automatically to your fan wallet and are applied to your next Pie. Fan wallet balances cannot be withdrawn directly to payment methods; unused funds are automatically applied to future Pies or managed per Section 4.8.

4.8 Orphaned Artist Funds & Redistribution

If a fan's Pie includes artists who have not claimed their MyPie account at the time of distribution, each artist's slice is held in a virtual wallet created by MyPie on their behalf. These funds are reserved for up to 12 months, allowing the artist to claim their profile and connect a payout method. If the artist does not claim their account within this period, their share is returned to the fan's wallet and added to their next active Pie.

If, at the time of return, the fan's account is inactive, the funds remain in their wallet for an additional 6 months. If no reactivation occurs within that timeframe, the funds are permanently transferred to the MyPie Public Pie.

The MyPie Public Pie is a system-generated playlist featuring only verified artists on MyPie. It redistributes orphaned contributions based on listen-time within the Public Pie, ensuring fan money ultimately supports active, claimed artists. If a fan creates a Pie, is charged, and does not stream any music during that billing period, and then deletes their account before distribution, the full contribution—after fees—is transferred directly to the MyPie Public Pie. No refund is issued, as there is no listening data to guide artist allocation or retention.

5. REFUNDS, RETURNS & CHARGEBACKS

5.1 No Refunds

MyPie does not offer refunds once contributions are processed, except as outlined in Section 5.2.

5.2 Returned Contributions

Contributions may be returned to your fan wallet if:

• An artist account is deactivated or unclaimed within the 12-month holding period.
• Your pie ends empty (no eligible artists for distribution), we will return the money to your fan wallet.

Returned funds are added to your fan wallet for future use in your next Pie.

5.3 Chargebacks & Bank Disputes

If you dispute a charge with your bank or card network:

• Your bank will automatically refund the disputed amount to your payment method.
• MyPie will investigate the dispute and may temporarily suspend your account.
• If the chargeback is upheld, MyPie will lose the funds and may suspend future contributions.
• MyPie reserves the right to close accounts with excessive chargebacks to protect our business.
• Resolution typically takes 5-10 business days depending on the complexity of the dispute.

5.4 Indemnification by Fans

You agree to indemnify and hold MyPie and its affiliates harmless from any claims or liabilities arising from your use of the Services, including fraudulent or unauthorized activity.

6. PAYMENT SECURITY & COMPLIANCE

6.1 Stripe Compliance

All payment processing is handled by Stripe (PCI-DSS compliant). MyPie does not store or transmit payment data.

6.2 International Payments & Compliance

MyPie operates globally and supports payments from various countries:

• Currency Conversion: All transactions are processed in USD. Currency conversion rates are determined at the time of transaction by Stripe and your bank. Your bank may apply additional currency conversion fees and exchange rates beyond Stripe's conversion.
• Exchange Rate Timing: Currency conversion rates fluctuate and are applied at the exact moment your payment is processed, not when you initiate the transaction.
• 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.

7. ACCOUNT DATA, SUSPENSION & TERMINATION

7.1 Data Portability

You may request an export of your account data by contacting team@mypie.app.

7.2 Account Deletion

Upon deletion of a fan account, all future billing is immediately canceled. Any remaining fan wallet balance is subject to the timelines outlined in Section 4.8. If the fan's most recent Pie was charged but no streaming activity was recorded, and the account is deleted before funds are distributed, the full Pie contribution—after fees—is automatically transferred to the MyPie Public Pie for distribution among verified artists. No refund is issued in this case.

7.3 Abandoned Accounts

An account is considered abandoned after 12 months of inactivity (no login or active Pie). For abandoned accounts:

• Funds remain in the fan's virtual wallet for 12 months post-abandonment.
• Dormant fan wallet balances unclaimed for 12 months will be pooled into the MyPie Public Pie and redistributed to verified artists.
• All redistributions are documented for transparency and available upon request.

7.4 Suspension by MyPie

MyPie may suspend or terminate your account immediately for TOS violations, suspected fraud, or misconduct. Access and wallet balances may be restricted pending resolution.

8. CHANGES TO FEES & TERMS

MyPie may modify platform fees or minimum contribution amounts with 30 days' notice, which may be provided via email or in-app notification. Continued use after notice constitutes acceptance.

8.1 Billing Notifications

We will send email reminders at least 7 days before each billing date and after any charge is successful or fails.

8.2 Right to Modify Features

MyPie reserves the right to add, remove, or modify features at any time, with notice via email or dashboard announcements.

9. CUSTOMER SUPPORT & DISPUTES

9.1 Support Response Times

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

9.2 Escalation

Unresolved issues can be escalated by emailing team@mypie.app with "Escalation" in the subject.

9.3 Disclaimer of Warranties

The Services are provided "as is" without warranties of any kind. MyPie does not guarantee uptime, data accuracy, or uninterrupted access.

10. INTELLECTUAL PROPERTY & LICENSE

All content and intellectual property rights in the MyPie platform belong to MyPie, Inc. By using the Services, you grant MyPie a limited, non‑exclusive license to use your streaming data solely for Pie allocations and analytics.

10.1 User Content License

By using MyPie, you retain ownership of your content but grant MyPie a worldwide, non-exclusive, royalty-free license to use, reproduce, and display your content solely for the purpose of providing the Services.

10.2 Copyright Protection

MyPie respects intellectual property rights and expects users to do the same. You may not upload, post, or otherwise make available any content that infringes on the copyrights or other intellectual property rights of any third party.

11. THIRD-PARTY INTEGRATIONS

The Services rely on third‑party providers (e.g., Spotify, Stripe). MyPie is not liable for their outages or performance issues beyond the data-failure provisions in Section 4.5.

12. PRIVACY & DATA RIGHTS

12.1 Privacy Policy

Our Privacy Policy governs the collection, use, and disclosure of personal data.

12.2 Data Rights

Under GDPR and CCPA, you have rights to access, correct, or delete your personal data; submit requests to team@mypie.app.

12.3 Data Ownership & Retention

All listening data and contribution records associated with your account remain the property of MyPie, even after account deletion. However, any published data will be anonymized and presented only in aggregate form, ensuring individual user privacy.

13. COMMUNICATIONS & OPT-IN

By creating an account, you consent to receive transactional emails (e.g., billing receipts, notifications). You may opt in or out of marketing communications via your account settings.

14. FORCE MAJEURE

MyPie will not be liable for any delay or failure in performance due to events beyond our reasonable control, including API outages, natural disasters, labor strikes, or acts of government.

15. GOVERNING LAW & DISPUTE RESOLUTION

These Terms are governed by Delaware law. Disputes will be resolved by binding arbitration under the American Arbitration Association's Consumer Arbitration Rules, with the arbitration seated in Delaware. Class actions are prohibited.

Disputes will be resolved through binding arbitration in Delaware under AAA Consumer Arbitration Rules. Class actions are prohibited. Small claims court exception applies for qualifying individual claims.

16. MISCELLANEOUS

• Severability: If any provision is invalid, the remainder of these Terms remains in effect.
• Assignment: You may not assign these Terms without MyPie's prior written consent.
• Entire Agreement: These Terms constitute the entire agreement between you and MyPie regarding the Services.
• Waiver: The failure of MyPie to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

17. 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 PAID TO MYPIE IN THE 12 MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL MYPIE BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

18. 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. Users acknowledge they are participating in an evolving service.

19. 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 billing cycles.

20. PROMOTIONAL OFFERS & TRIALS

MyPie may offer promotional subscriptions and credits:

20.1 Promotional Codes

• Promotional Credits: MyPie may provide $5 promotional credits for eligible users who have not previously used promotional offers
• Eligibility: Promotional codes are limited to one per user and cannot be combined with other offers
• Campaign Specific: Promotional offers are tied to specific marketing campaigns and limited availability
• Terms: Promotional credits are applied to your fan wallet and distributed to artists according to your normal Pie settings
• No Cash Value: Promotional credits cannot be withdrawn or converted to cash
• Fraud Prevention: MyPie reserves the right to revoke promotional credits if fraud or abuse is detected

20.2 Promotional Processing

Promotional Pies are processed identically to regular Pies, with the same fee structure and distribution methods. The promotional amount is treated as if you made a regular contribution.

21. 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.

21.1 Financial Protection

MyPie maintains robust financial monitoring to protect your contributions:

• Secure Tracking: All contributions are monitored and tracked to ensure proper distribution
• Fraud Protection: Automated systems detect and prevent fraudulent activity
• Error Detection: Financial discrepancies are automatically identified and corrected
• Audit Compliance: Complete transaction records maintained for transparency and regulatory compliance

Your contributions are protected by enterprise-grade financial systems ensuring they reach the intended artists.

22. CONTENT STANDARDS & COMMUNITY GUIDELINES

MyPie is committed to maintaining a safe and respectful platform for all users. By using our Services, you agree to follow these content standards:

22.1 Prohibited Content

You may not use MyPie to support artists or 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

22.2 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

22.3 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

22.4 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

23. DMCA & COPYRIGHT PROTECTION

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

23.1 Copyright Infringement Reporting

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

23.2 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

23.3 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

23.4 DMCA Contact Information

Send all DMCA notices and counter-notifications to:

Copyright Agent: team@mypie.app

Subject Line: "DMCA Notice" or "DMCA Counter-Notification"

24. SECURITY & FRAUD PREVENTION

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

24.1 Account Security

To maintain account security:

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

24.2 Fraud Detection

MyPie actively monitors for fraudulent activity including:

• Multiple account creation
• Unusual payment patterns
• Suspicious login attempts
• Identity verification failures
• Chargeback abuse

24.3 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

CONTACT US

For questions, email team@mypie.app.