Crowdbeats Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THIS DOCUMENT CONTAINS A MANDATORY BINDING INDIVIDUAL ARBITRATION CLAUSE, A CLASS ACTION WAIVER, EXCLUSIVE JURISDICTION AND VENUE MANDATES IN SAN FRANCISCO COUNTY, CALIFORNIA, AND STRICT LIMITATIONS OF LIABILITY AND INDEMNIFICATION OBLIGATIONS THAT GOVERN YOUR USE OF THE SERVICE.

By accessing, browsing, registering an account on, downloading, or using the Crowdbeats platform, web application, mobile clients, or related services (collectively, the "Service"), operated by Crowdbeats LLC ("Company", "we", "us", or "our"), you ("User", "Performer", "Solo Musician", "Band Member", "Venue Manager", "Sponsor", or "Fan") unreservedly agree to be legally bound by these Terms of Service ("Terms"), our Privacy Policy, our Acceptable Use Policy, our Creator Monetization Policy, and our DMCA & Copyright Policy.

IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE STRICTLY PROHIBITED FROM ACCESSING OR USING THE SERVICE, AND YOU MUST CEASE ALL USAGE IMMEDIATELY.

Crowdbeats LLC operates on an aligned, creator-first partnership model:

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   Zero Subscription Barriers (100% Free to Join): Platform registration, discovery map browsing, artist profile creation, band studio collaboration, and venue check-ins are completely free of charge. There are no monthly fees, annual subscription passes, paywalls, or recurring membership dues.
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   Aligned Platform Fee Structure: Crowdbeats is not a free payment-processing gateway. To maintain high-availability cloud infrastructure, double-entry financial ledgers, and real-time audio synchronization, Crowdbeats assesses a transparent fee only when money moves:

• Crowdbeats Platform Technology Fee: 6.00% of the gross transaction amount.
• Stripe Processing & Connect Fees: Charged separately in addition to Crowdbeats' 6% platform fee based on Stripe's direct processing cost.
• Musician or Band Net Proceeds: The original transaction amount minus the 6% Crowdbeats platform fee, Stripe's applicable fees, and any legally required taxes, refunds, disputes, or adjustments.

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   Mandatory Universal Fee Disclosure:

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   Dynamic Stripe Pricing Transparency: Exact Stripe processing fees are calculated or confirmed in real time using Stripe’s current pricing, payment method (card, Google Pay), connected-account configuration, currency, country, and transaction type. Stripe fees are never hidden or marked up by Crowdbeats.
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   PCI-DSS Level 1 Security: All tip transactions are tokenized and processed directly by PCI-DSS Level 1 compliant processors (Stripe, Inc., Google Pay). Crowdbeats LLC never receives, handles, or stores raw credit card numbers or banking PINs.
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   Voluntary Tip Finality & Disputed Billing: Because tips are immediately distributed to performing creators in real time via Stripe Connect, all voluntary tips are strictly final and non-refundable, except where an explicit technical error (e.g. duplicate billing) occurs and is reported within 14 days via our Help & Support Center.

THIS AGREEMENT, AND ALL DISPUTES, CONTROVERSIES, CLAIMS, CAUSES OF ACTION, OR PROCEEDINGS ARISING OUT OF OR IN CONNECTION WITH CROWDBEATS LLC, THE SERVICE, OR THESE TERMS, SHALL BE GOVERNED EXCLUSIVELY BY THE LAWS OF THE STATE OF CALIFORNIA AND THE FEDERAL LAWS OF THE UNITED STATES OF AMERICA, WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.

YOU EXPRESSLY AND IRREVOCABLY AGREE THAT ANY LEGAL ACTION, LITIGATION, DISPUTE RESOLUTION, ARBITRATION ENFORCEMENT, OR COURT PROCEEDING RELATING TO CROWDBEATS LLC SHALL BE FILED AND RESOLVED EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN THE COUNTY OF SAN FRANCISCO, STATE OF CALIFORNIA, UNITED STATES OF AMERICA.

YOU IRREVOCABLY WAIVE ANY RIGHT TO INITIATE LAWSUITS, CLAIMS, OR LEGAL ACTIONS AGAINST CROWDBEATS LLC IN ANY OTHER STATE, TERRITORY, OR FOREIGN JURISDICTION, AND YOU WAIVE ANY OBJECTION TO INCONVENIENT FORUM (FORUM NON CONVENIENS).

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CROWDBEATS LLC, ITS FOUNDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS, TIPS, PERFORMANCE OPPORTUNITIES, DATA, REPUTATION, EQUIPMENT DAMAGE, OR LIVE EVENT CANCELLATIONS) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, REGARDLESS OF THE LEGAL THEORY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE), EVEN IF CROWDBEATS LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF CROWDBEATS LLC FOR ALL CLAIMS, LOSSES, CAUSES OF ACTION, OR DEMANDS ARISING UNDER OR RELATING TO THIS AGREEMENT OR THE SERVICE EXCEED THE TOTAL AGGREGATE AMOUNT ACTUALLY PAID BY YOU TO CROWDBEATS LLC IN THE PRECEDING TWELVE (12) MONTHS PRIOR TO THE ACT GIVING RISE TO THE CLAIM, OR ONE HUNDRED UNITED STATES DOLLARS ($100.00 USD), WHICHEVER IS LESS.

• (A) YOUR ACCESS TO OR USE OF THE FREE CROWDBEATS SERVICE;
• (B) ANY USER CONTENT, AUDIO RECORDINGS, LIVE STREAMS, MUSICAL PERFORMANCES, OR MEDIA POSTED OR TRANSMITTED BY YOU;
• (C) YOUR VIOLATION OF THESE TERMS OF SERVICE, OUR ACCEPTABLE USE POLICY, PRIVACY POLICY, OR ANY APPLICABLE LAWS; OR
• (D) YOUR INFRINGEMENT, MISAPPROPRIATION, OR VIOLATION OF ANY THIRD-PARTY INTELLECTUAL PROPERTY, COPYRIGHT, TRADEMARK, PRIVACY, PUBLICITY, OR PROPRIETARY RIGHTS.

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   Server-Side Fee Arithmetic: The 6% Crowdbeats platform fee and net transfers are calculated exclusively by trusted server-side code. Client applications cannot alter platform fees, create unauthorized transfers, or bypass Stripe verification.
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   Immutable Transaction Recordkeeping: Every financial record separately tracks gross amount, 6% platform fee, Stripe processing fee, Stripe Connect fees, taxes/adjustments, refund/dispute amounts, and net proceeds belonging to the musician or band.
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   Double-Entry Zero-Sum Ledger: Crowdbeats maintains an immutable double-entry ledger. Every tip received is balanced to the cent with creator allocations, platform fees, and Stripe processing deductions.
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   Binding Payout Authorizations: Configured Band Split Matrix percentages represent legally binding authorizations for direct payout disbursement among band members and the band treasury.
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   Direct Stripe Connect Payouts: Funds are disbursed directly to creators' verified Stripe Connected accounts. Crowdbeats does not hold custodial funds or operate as a bank. Stripe serves as the exclusive payment authority.

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   Company Intellectual Property: All logos, design systems, algorithms, sound engines, trademarks, codebases, and visual assets remain the exclusive intellectual property of Crowdbeats LLC.
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   Creator Content Rights: Performing musicians and bands retain copyright and ownership in their original music. By broadcasting on Crowdbeats, you grant Crowdbeats LLC a limited, royalty-free license solely to index, display, and stream metadata to deliver the live discovery service.
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   Prohibited Platform Misuse: Users may not reverse-engineer, decompile, scrape, use automated bots, interfere with security protocols, spoof GPS coordinates, or harass other community members.

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   Arbitration Agreement: Any controversy, dispute, or claim arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) in San Francisco, California.
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   Class Action Waiver: YOU AND CROWDBEATS LLC AGREE THAT DISPUTES WILL BE RESOLVED ON AN INDIVIDUAL BASIS ONLY, AND NOT AS PART OF ANY CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

Crowdbeats LLC is a software technology platform for concert discovery and artist support. Crowdbeats LLC does not own, operate, inspect, or manage physical concert venues, street performance spaces, or clubs. Crowdbeats LLC disclaims all premises liability, decibel/noise complaints, property damage, or personal injury occurring at live music locations.

For formal legal notices, inquiries, or support:

Crowdbeats LLC — Legal & Compliance Department 100 Montgomery St, Suite 1500 San Francisco, CA 94104, United States of America Email: legal@crowdbeats.ai · compliance@crowdbeats.ai Phone: +1 (415) 555-0199 Online Portal: Help & Support Center