Terms of Service

Last updated: January 21, 2026

1. Agreement to Terms

By accessing or using Mix By Ear ("the Service," "we," "us," or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, do not use the Service. We reserve the right to modify these Terms at any time, and your continued use of the Service constitutes acceptance of any modifications.

2. Description of Service

Mix By Ear is an audio comparison and feedback collection tool that allows registered users to upload audio files, share them with others, and collect feedback. The Service is provided on an "as is" and "as available" basis without any warranties of any kind.

3. User Accounts

To create and manage projects, you must register for an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain the security of your account credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate accounts at our sole discretion, with or without notice, for any reason including violation of these Terms.

4. Subscriptions and Billing

4.1 Free Trial

All paid plans include a 7-day free trial. During the trial period, you have full access to all features of your chosen plan at no charge. If you do not cancel before the trial period ends, your subscription will automatically begin and you will be charged the applicable subscription fee.

4.2 Automatic Renewal

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW at the end of each billing period (monthly or yearly) unless you cancel before the renewal date. Upon renewal, you authorize us to charge your payment method on file at the then-current rate for your plan. You may cancel your subscription at any time through your Account Settings.

4.3 Billing and Payment

By subscribing to a paid plan, you agree to pay all fees associated with your subscription. All payments are processed securely through Stripe. You are responsible for providing accurate and current payment information. If payment fails, we may suspend access to paid features until payment is received.

4.4 Price Changes

We reserve the right to change our subscription prices. If we change pricing, we will provide at least 30 days' notice before your next billing cycle. Continued use of the Service after a price change takes effect constitutes your agreement to pay the new price.

4.5 Cancellation

You may cancel your subscription at any time through your Account Settings by clicking "Manage Subscription." Upon cancellation:

  • You will retain access to paid features until the end of your current billing period
  • Your subscription will not renew and no further charges will be made
  • Your account will automatically downgrade to the Free plan

We do not provide refunds for partial billing periods after cancellation. For refund requests, please see our Refund Policy.

4.6 Refunds

We offer a 30-day money-back guarantee on all paid subscriptions. For complete details on refunds, cancellations, and our refund process, please review our Refund Policy.

5. User Content and Rights

Your Content: You retain ownership of all audio files and content you upload ("User Content"). By uploading content, you grant Mix By Ear a limited, non-exclusive, royalty-free license to store, process, transmit, and display that content solely for the purpose of providing the Service.

Your Representations: You represent and warrant that:

  • You own or have all necessary rights, licenses, and permissions to upload and share any User Content
  • Your User Content does not infringe any third party's intellectual property, privacy, or other rights
  • Your User Content complies with all applicable laws and regulations

Indemnification: You agree to indemnify, defend, and hold harmless Mix By Ear and its operators from any claims, damages, losses, or expenses (including reasonable attorney fees) arising from your User Content or your violation of these Terms.

6. Acceptable Use

You agree not to use the Service to:

  • Upload, share, or distribute content that infringes on any intellectual property rights
  • Upload copyrighted material without proper authorization from the rights holder
  • Distribute malware, viruses, or any harmful code
  • Harass, abuse, threaten, or harm others
  • Engage in any illegal activity or violate any applicable laws
  • Attempt to gain unauthorized access to the Service or its systems
  • Interfere with or disrupt the Service or servers
  • Use the Service for any commercial purpose not expressly permitted
  • Circumvent any access controls or security measures

We reserve the right to remove any content and terminate any account that violates these Terms, at our sole discretion and without prior notice.

7. Intellectual Property

The Service, including its design, features, and functionality, is owned by Mix By Ear and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our written permission.

8. Third-Party Services

The Service may contain links to or integrate with third-party services. We are not responsible for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

  • The Service will be uninterrupted, timely, secure, or error-free
  • The results obtained from the Service will be accurate or reliable
  • Any content will be preserved, backed up, or available indefinitely
  • The Service will meet your specific requirements or expectations

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MIX BY EAR, ITS OPERATORS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE AMOUNT YOU PAID US, IF ANY, IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. Data Retention and Deletion

We may delete projects, accounts, and associated content that have been inactive for extended periods (typically 12 months or more), or at any time at our sole discretion. We strongly recommend maintaining local backups of any important audio files. We are not responsible for any loss of data.

12. Termination

We may suspend or terminate your access to the Service at any time, for any reason, with or without cause, and with or without notice. Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction where Mix By Ear operates, without regard to conflict of law principles. Any dispute arising from these Terms or the Service shall be resolved through binding arbitration, except that either party may seek injunctive relief in court for intellectual property violations.

14. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions remain in full force and effect.

15. Entire Agreement

These Terms, together with our Privacy Policy and Refund Policy, constitute the entire agreement between you and Mix By Ear regarding the Service and supersede any prior agreements.

16. Contact

If you have questions about these Terms, please contact us.