Terms of Use

Effective date: July 16, 2026

Welcome to Living Mixtape. These Terms are an agreement between you and Living Mixtape LLC, a Colorado company ("Living Mixtape," "we," "us"). By using our websites, artist pages, request and tip pages, or our app, you agree to these Terms and our Privacy Policy. If you don't agree, please don't use Living Mixtape.

The two-sentence version: Fans use Living Mixtape to request songs, tip, and stay close to artists they love. Artists use it to run that whole experience — and everything here is built around one promise: the fan relationships an artist builds are theirs.

Part One — Everyone

1. Who can use Living Mixtape

You must be 13 or older to use Living Mixtape, and 18 or older to opt into text messages. To send a tip, you must be old enough and authorized to use the payment method you pay with. If you use Living Mixtape on behalf of a band or company, you confirm you have authority to bind it.

2. Your account

Sign-in is passwordless: we email you a link and a short code. You're responsible for keeping control of the email address (and phone) tied to your account and for what happens under your sign-in. Tell us right away at [email protected] if you think someone else has access.

3. Acceptable use — for everybody

Don't misuse Living Mixtape. That includes: breaking the law; impersonating anyone; harassing, threatening, or abusing artists, fans, venue staff, or us; interfering with the service (scraping, probing, reverse-engineering, overloading); using anyone's contact information beyond what these Terms allow; or helping anyone else do any of that. We can suspend or terminate accounts that do.

4. Content you submit

Fans can submit song requests and short notes or dedications; artists submit photos, songlists, and page content. You keep ownership of what you create. You give us a non-exclusive, worldwide, royalty-free license to host, display, and transmit it solely to run Living Mixtape (e.g., showing your dedication on the request screen, putting the artist's photo on their page). This license ends when the content is deleted, except for copies in routine backups for a limited period.

Rules for fan notes and dedications: keep them kind. No hate speech, harassment, sexual content, threats, doxxing, spam, or advertising. Notes pass through a moderation filter before display; artists and we can remove any note; you can report any content and block any user from inside the app; and you can always reach a human at [email protected]. We may remove any content that violates these rules and suspend repeat offenders. (This paragraph implements Apple App Store Guideline 1.2 — filter, report, block, published contact.)

You promise your content doesn't infringe anyone's rights. Copyright complaints: send them to [email protected] with enough detail to act on — we follow the DMCA notice-and-takedown process.

5. Texts and emails

Our messaging rules — what we send, when, and the consent behind every message — are spelled out in the Privacy Policy §6. Short version: nothing without your opt-in; STOP always works.

Part Two — Fans

6. Requests

A song request is a request, not a purchase. The artist decides what to play and when — that's their show. Requests may cool down after a song is played; Living Mixtape may surface requests to the artist in a suggested order, but no payment buys a guarantee that a song is played.

7. Tips

• Tips are voluntary gratuities from you to the artist, processed by Stripe (card, Apple Pay, Google Pay). We never see your full card number.
• A small Support fee is added at checkout, included in the total you see before you confirm — the total you see is the total you pay, whatever payment method you use. The fee helps keep Living Mixtape running for working musicians.
• A tip may raise a request's visibility in the artist's suggested order — it is appreciation and a nudge, never a purchase of a performance. Tips are not refundable once the show's moment has passed, except where the law requires or in cases of verified error or fraud (write us).
• Living Mixtape keeps a small platform percentage of tips depending on the artist's plan (currently up to 10%; some artists keep 100%); the rest goes to the artist. Tips are not charitable donations and are not tax-deductible.

8. Your data, the artist's list

When you request or tip, your contact info joins that artist's fan list, as the Privacy Policy describes. The artist may leave Living Mixtape and take their list with them; your opt-outs travel with it.

Part Three — Artists

9. Subscriptions and plans

• Plans: Opening Act, Headliner, and Main Stage — current prices are shown at livingmixtape.app/plans. Features per plan — including monthly text-message allotments and tip percentages — are listed on the pricing page and may evolve; we'll give you at least 30 days' notice before a change that reduces what your plan includes.
• If you subscribed in the iOS app, billing runs through your Apple account: Apple's payment terms apply, and you cancel via your App Store subscription settings. If you subscribe directly through us (billed by Stripe), we'll show you the recurring amount and schedule clearly before any charge, and you can cancel online, yourself, anytime — at least as easily as you signed up (no emails, no phone calls required), with effect at the end of the billing period. Each artist is billed through exactly one system.
• Extra text credits. If you buy extra text credits, they don't expire month to month and last as long as your account is open — but they aren't refundable or redeemable for cash, and any unused credits end when your account closes.
• No long-term commitment. Cancel anytime; your plan runs to the end of the paid period (no pro-rata refunds except where required by law or Apple's policies).

10. Getting paid — tips and payouts

• Tip payouts run through Stripe Connect. To receive tips you must complete Stripe's onboarding — identity verification and bank details collected by Stripe under the Stripe Connected Account Agreement (their terms, which you accept during onboarding). We don't hold your banking credentials.
• Our platform percentage (per your plan) comes off automatically; the rest lands in your Stripe balance and pays out to your bank on a rolling schedule. Instant payout to a debit card is available for a small fee (shown before you confirm).
• Taxes are yours. Tips and payouts are generally taxable income to you. Stripe issues tax forms (e.g., 1099-K) where thresholds are met. We don't withhold taxes and we don't give tax advice — please use a tax professional.
• Chargebacks and associated fees on tips may be deducted from your Stripe balance.

11. Your fans are yours — and what that asks of you

• You own your fan contact data. Every plan includes full export of your fan list, anytime, no fee, no questions. If you leave Living Mixtape, it goes with you (§14).
• In return, you agree to treat fans the way Living Mixtape promised them they'd be treated: use your list only for your own music career; honor every opt-out (full consent and opt-out records — wording, timestamp, and source — travel with any export); never sell, rent, or trade fan data; never spam. Violating this is grounds for termination — it breaks the promise the whole platform is built on. These obligations follow the data, not the subscription: they survive your leaving Living Mixtape (§21).
• Messages sent through Living Mixtape must comply with our consent rules (Privacy Policy §6) and your plan's allotments. You're responsible for what you send.

12. Roster commitments

Joining the roster requires affirmatively agreeing to the Living Mixtape roster commitments at application — the professional standards we publish openly at livingmixtape.app/handshake. The version you agreed to is part of your agreement with us. Repeated or serious failure to live up to them is grounds for removal from the roster (§14).

13. Your page and the brand

You get a Living Mixtape artist page and may use our marks ("Powered by Living Mixtape") in the forms we provide — don't alter them or imply we endorse anything beyond your participation. We may feature your name, image, and page in showcasing Living Mixtape (e.g., "see our artists") — tell us in writing if you'd rather we didn't, and we'll stop prospectively.

13a. Artist tools — royalty setlists and mileage log (Main Stage)

• Royalty setlists. For songs you mark as your own original work, we generate a formatted setlist you can submit to your performing-rights organization (PRO), such as ASCAP or BMI. We do not submit it for you, and we do not determine or pay performance royalties — your PRO decides what is eligible and what it pays, and we don't guarantee any royalty is owed or paid. Registering with a PRO and submitting your setlists is your responsibility. By marking a song as your "original," you confirm you wrote it or hold the songwriter's rights, and you're responsible for the accuracy of that designation.
• Mileage log. We estimate the miles you drove to your shows from your show locations (a round trip from your home address unless you edit it) and keep a log you can export. These are estimates to help you keep records — they are not tax advice, we don't calculate any deduction, and you're responsible for the accuracy of your records. Please consult a tax professional. The home address used for this estimate is stored privately and used only for the mileage calculation.

14. Leaving, and being asked to leave

• You can leave anytime. Cancel your plan, export your fan list — including the full consent and opt-out records that make it usable — done. Your public page comes down at period end; we'll honor export requests for 90 days after.
• We can remove you for breaking these Terms, the roster commitments, or the law — for serious violations, immediately; otherwise with notice and a chance to fix it. Even then, your fan-list export right survives. Fees already paid aren't refunded except where law or Apple policy requires.

15. Print orders (physical goods)

• Living Mixtape offers printed materials personalized with your page and code — cards, table cards, banners, and bundles. Every print product also comes with a free print-ready download; buying printed copies through us is optional.
• Print orders are paid by card through Stripe checkout (never through Apple) at the price shown at order time, plus any shipping and applicable sales tax. Orders are produced and shipped by our print fulfillment partner.
• Because every item is custom-made for you, print orders can't be returned or canceled once production starts. If an order arrives damaged, defective, or materially different from the approved design, tell us within 14 days of delivery with photos and we'll reprint or refund it — that's our promise and your remedy.
• You're responsible for proofing the design before ordering (names, dates, the works) and for the quality of anything you upload (e.g., your own QR code, where offered — we validate scannability at upload, but a code you supply is yours to stand behind).

Part Four — The Legal Section (everyone again)

16. What we don't promise

Living Mixtape is provided "as is." We work hard to keep it running during your shows, but we can't promise uninterrupted, error-free service, and we're not a party to the relationship between artists and fans or artists and venues. To the fullest extent the law allows, we disclaim implied warranties (merchantability, fitness for a particular purpose, non-infringement).

17. Limits on liability

To the fullest extent the law allows: we're not liable for indirect, incidental, special, consequential, or punitive damages, or lost profits/revenues/data; and our total liability for any claim is capped at the greater of $100 or the fees you paid to Living Mixtape (subscription fees plus the platform percentages we retained) in the 12 months before the claim. Some places don't allow these limits, so they may not fully apply to you.

18. Indemnification (artists)

If you're an artist and a third party brings a claim against us because of your content, your shows, your use of your fan list, or your violation of these Terms, you'll defend and cover us for it. We'll notify you promptly and let you control the defense where appropriate. You may not settle any claim in a way that imposes obligations or admissions on Living Mixtape without our written consent.

19. Disputes

These Terms are governed by Colorado law.

• Talk to us first. Before anyone files anything, both sides agree to try to resolve the dispute informally — write to us, and we'll have a real conversation within 30 days.
• Then arbitration. If we can't work it out, disputes will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules — and, where applicable, its Mass Arbitration Supplementary Rules, with similar cases handled in staged batches as those rules provide — in Denver, Colorado or remotely by video, rather than in court. The arbitrator can award the same remedies a court could. We'll pay the arbitration fees beyond what you'd have paid in court filing fees.
• Exceptions: either side may bring an individual claim in small-claims court, and either side may seek injunctive relief in court for IP infringement or misuse of the platform.
• No class actions. Both sides agree claims will be brought individually only — not as a plaintiff or class member in a class, consolidated, or representative action. If this class waiver is found unenforceable for a claim, that claim (and only that claim) goes to court instead.
• Your opt-out right: you may opt out of this arbitration agreement entirely by emailing us at [email protected] within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out won't affect any other part of these Terms.
• Any dispute not subject to arbitration goes to the state or federal courts in Denver County, Colorado, and both sides consent to that venue.
• Changes to this Disputes section never apply by silence: if we ever amend this §19, the amendment binds you only if you affirmatively accept it — continuing to use Living Mixtape is not acceptance of changes to this section.

20. Changes to these Terms

We may update these Terms. For material changes we'll give notice (email or in-app) at least 30 days before they take effect; continuing to use Living Mixtape after that is acceptance. We keep prior versions available on request. If you don't agree to a change, cancel before it takes effect — artists keep their export right regardless.

21. The boring-but-necessary bits

If part of these Terms is unenforceable, the rest stands. Our not enforcing something isn't a waiver. You may not assign these Terms; we may assign them in a merger or sale (your protections travel with them). These Terms plus the Privacy Policy and your roster-commitments version are the entire agreement. Sections 11 (fan-data obligations), 17, 18, and 19 survive any termination of these Terms and apply to any exported fan data.

22. Apple App Store terms (when you use the iOS app)

The iOS app is licensed under Apple's standard End User License Agreement. These Terms are the service agreement between you and Living Mixtape only — Apple is not a party to them and isn't responsible for the app or its content, Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you, and you must also comply with the Apple Media Services Terms when using the iOS app.

23. Contact

Living Mixtape LLC · 1500 N Grant St #7745, Denver, CO 80203 · [email protected]

---