Last updated: October 6, 2025
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:
This CreatorOS™ Services Agreement ("Agreement") is a legal agreement with CreatorOS Payments, Inc. ("CreatorOS", "us", or "we") and Subscriber ("subscriber", "you", "your", or "user") to receive certain payment processing (split royalty payments), data, reporting, technology and analytics services, and other business services that may be offered by CreatorOS™ (a "Service"). This Agreement describes the terms and conditions that apply to your use of the Services.
You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.
This Agreement provides a general description of the Services that Stripe may provide to you, including those that allow you to accept payments from purchasers of your goods or services or donors to your organization (your "Customers"). We provide you with a more detailed description of the Services through published software libraries and application programming interfaces that may be used to access the Services (the "API") and additional resources we make available to you on our website.
Before using the Services, you must register with Stripe and create an account (a "Stripe Account")
Means employees of Subscriber who are authorized by Subscriber to access and use the Solution for Subscriber's internal business use purposes.
Means any and all proprietary or confidential information and materials, including without limitation, trade secrets, ideas, improvements, processes, concepts, research, current and anticipated customer requirements, pricing, market studies, customer lists, data, know-how, products, services, suppliers, business plans, prices and costs, the terms of this Agreement, and all other information that by its nature or the nature of its disclosure reasonably should be considered confidential, that is disclosed by one Party to the other Party, either directly or indirectly, during the Term of this Agreement (whether in writing or in oral, graphic, electronic, or any other form).
Means employees of Subscriber who are authorized by Subscriber to access and use the Solution for Subscriber's internal business use purposes.
Means, if any, the fees payable by Subscriber for access to and use of the Solution and receipt of any Services set forth on the applicable Order Form.
Means the first use of the Solution in either a test or production environment.
Means a document, substantially in the form of the cover page of this Agreement or as otherwise executed by the Parties, through which Subscriber orders the Solution, Services, and any additional software, product, or services from Company.
Means Subscriber's digital distribution platform for sound recordings.
Means any information of general applicability to the Solution or Services or any other information in intangible form retained in the memory of persons employed or retained by Company who have performed Services.
Means any data or information provided by, or submitted, inputted, or entered by any Subscriber Users, including without limitation any derivative data thereof.
Means any maintenance and support services for the Solution performed or provided by Company or a third party acting on its behalf for Subscriber under this Agreement.
Means the Company's proprietary software and related products and features that are accessible via the Internet or Company's mobile application for the purposes of allowing Subscriber Users to split royalty payments for the digital distribution of sound recordings among two or more collaborators, confirm the identity of collaborators, and track payouts to collaborators for taxation purposes.
Means any data or information provided by, or submitted, inputted, or entered by Subscriber or its Authorized Users.
Mean artists and collaborators who access and use the Platform and who elect to use the Solution through the Platform by agreeing to the Terms of Use.
Means those certain Terms of Use that govern a Subscriber User's access to and use of the Solution.
Subject to the terms and conditions of this Agreement, Company hereby grants (i) Subscriber and its Authorized Users a limited, revocable, non-exclusive, non-transferable right during the Term to access and use the Solution and Documentation; and (ii) Subscriber a limited, revocable, non-exclusive, non-transferable right during the Term to market, promote, and display the Solution under Subscriber's trademarks solely in accordance with the terms and conditions of this Agreement.
From time to time, Subscriber may elect to provide access to and use of the Solution to Subscriber Users through the Platform using Subscriber Marks; provided, that Company shall have no obligation to provide access to or use of the Solution to any Subscriber User unless and until such Subscriber User agrees to the Terms of Use.
Subscriber shall not, and shall not permit any third-party to: (i) translate, adapt, modify, copy, update, revise, enhance, or otherwise alter or create derivative works based on the Solution; (ii) reverse engineer the Solution or any portion thereof; (iii) rent, lease, sublicense, assign, distribute, or otherwise make available the Solution to any third party; (iv) attempt to probe, scan, or test the vulnerability of the Solution or breach any security or authentication measures.
As between Company and Subscriber, Company retains sole and exclusive ownership of, and all rights, title, and interests in and to: (i) the Solution, the Services, the Documentation, and all enhancements, modifications, or derivative works, and all inventions or discoveries embodied within the Solution.
Subscriber shall pay Company the Fees set forth on the applicable Order Form, if any. Such Fees shall be in addition to any charges to Subscriber Users. Except as otherwise set forth in an Order Form, the Fees are due no later than thirty (30) days after the date of an invoice.
Subscriber shall reimburse Company for all customary travel and living expenses incurred by Company personnel in performing Services, if any, in accordance with Subscriber's travel policy provided to Company in advance.
Subscriber shall be solely responsible for the payment of any and all taxes arising out of this Agreement, including any sales, use, cloud or hosted, and property taxes.
Each Party receiving Confidential Information under this Agreement shall: (i) not disclose any Confidential Information of the disclosing Party to third parties and hold all Confidential Information in strict confidence; (ii) take commercially reasonable precautions to keep the Confidential Information secret and avoid disclosure, loss, or misuse of the Confidential Information.
IMPORTANT DISCLAIMER:
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SOLUTION AND SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS," AND COMPANY MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Subscriber shall indemnify, defend, and hold harmless Company from and against any third-party claims and all resulting losses, liability, damages, costs, and expenses (including reasonable attorneys' fees and expenses incidental thereto) arising out of or resulting from Subscriber's use of the Solution in breach of this Agreement.
LIABILITY LIMITATIONS:
IN NO EVENT SHALL COMPANY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS, LOSS OF DATA OR USE, OR BUSINESS INTERRUPTION, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, AND WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY.
Either Party may terminate this Agreement in the event the other Party materially breaches this Agreement and fails to cure the breach within one hundred eighty (180) days following receipt of written notice from the non-breaching Party.
The export of the Solution or their content may be subject to restrictions under United States and foreign laws. Subscriber shall not export the Solution, in whole or in part, to any country outside the United States without the prior written consent of Company.
This Agreement shall be governed by and construed under the laws of the State of Illinois and the United States of America without regard to any conflicts of laws principles. Any controversy or claim arising out of or relating to this Agreement shall be determined exclusively by binding arbitration.
JURY TRIAL WAIVER:
EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT.
"Force Majeure Event" means any act or event that prevents a Party from performing its obligations, is beyond the reasonable control of and not the fault of the Non-performing Party, including acts of God, flood, fire, earthquake, war, terrorism, strikes, labor stoppages, government actions, or any epidemic or pandemic.
The Parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the Parties. This Agreement, together with all Order Forms and the Services Agreement, constitutes the entire agreement between the Parties and supersedes any and all oral and/or prior written agreements between the Parties with respect to its subject matter.