SupportWe take the privacy of our users seriously. Your material is not claimed by eMastered, and the intellectual property and copyright of your works remain all yours. The files you upload and the resulting mastered files are not shared with any customers or persons.
Thank you for using eMastered (hereinafter also referred to as “we,” “us,” “our,” “the platform,” “the application,” “the service,” “the site,” and “the system”). By using eMastered, you agree to comply with and be bound by the following terms of service, which govern emastered.com , our social media pages, forums, and any other brand-related media created or used by us in the future. If you do not agree to these terms of service then you should not use eMastered.
You further agree by using eMastered that you are over the age of 18 or have the express consent of a guardian or parent to use the application if under the age of 18.
These terms of service may be altered at any time without notice to you. We’ll post modifications to these terms of service to this page. By continuing to use eMastered, you agree to comply with the most recent version of the terms of service available on the site.
By continuing to use this site and our services, you acknowledge that you have read, understood, and agree to these Terms of Service, as well as any integrated policies, including our Privacy Policy, Acceptable Use Policy, and DMCA Policy.
By using the platform, you further represent and warrant that your use of the service does not violate any applicable law or regulation in your jurisdiction and that you will comply with all applicable local, state, national, and international laws.
For purposes of these Terms, “User Content” means any and all audio files, tracks, music, sounds, data, text, images, or other materials you upload, submit, or otherwise make available through the Service.
No Unauthorized Content; Compliance With Third-Party Rights:
You agree not to upload, submit, store, process, transmit, display, or otherwise use any content (including, without limitation, audio, audio-visual material, artwork, lyrics, musical compositions, or metadata) that you do not have all necessary rights, permissions, and authority to use. This specifically includes content owned or controlled by third-party rights holders (such as record labels, music publishers, or other entities with intellectual property interests), unless you have obtained a written license or authorization from the relevant rights holder. Any violation of third-party intellectual property rights in connection with your use of the service may result in immediate suspension or termination of your account and may subject you to legal consequences independent of eMastered.
You further acknowledge and agree that any attempt to use content for which you do not hold the necessary rights or permissions is strictly prohibited, and that we may immediately remove or disable such content at our sole discretion. Additionally, you represent that your content is free from any liens, encumbrances, or other third-party claims that might affect your rights to use and license it.
Intellectual Property Compliance:
By accessing or using the Service, you acknowledge and agree that you will not upload, submit, store, process, or otherwise use any content on the platform unless you have the full legal right, authority, and permission to do so. This includes, without limitation, ensuring that all audio, recordings, and other materials you upload do not infringe any third party's copyrights, trademarks, or other proprietary rights.
Copyright:
eMastered and its content, including but not limited to the graphics, visuals, design, codes, algorithms and other site and application related matters are the property of eMastered or its content suppliers and is protected by United States and international copyright laws. You are prohibited from redistributing, copying, publishing or otherwise using any such materials in any manner that violates such laws.
Privacy Policy:
Our Privacy Policy outlines the information that eMastered collects from you, how it uses that information, and the extent to which it protects that information. By using the site, you agree that we can use such information in accordance with our Privacy Policy.
Your Content, Rights, and Admittances:
By using our site, you are provided with a non-transferable, non-exclusive license to access the platform while upholding our terms of service and other policies. Our platform offers you an opportunity to modify and alter your existing creative material. By using our platform, you are acknowledging that this material, which shall be henceforth called your “works,” is your own intellectual property and not the intellectual property of another person or entity. This material is not claimed by eMastered, and the intellectual property and copyright of your works remain yours when using our service. You may not copy, upload, or share content that is not your intellectual property unless you have express consent to do so from the party or parties that own the content.
You agree to defend, indemnify, and hold eMastered harmless from any and all claims arising out of or related to your unauthorized use of third-party content. You explicitly acknowledge that any use of third-party copyrighted content, without proper authorization, is at your sole risk and liability, and that eMastered has no responsibility or liability for such unauthorized uses.
Should you violate someone else’s copyright or intellectual property rights when using our service, eMastered is not liable for any damages incurred by you for such violations, and by using our platform, you give us the right to terminate or suspend your account for said violations.
User Representations and Warranties:
By submitting any content (“User Content”) to the Service, you represent and warrant that:
- 1. You own or have obtained all necessary rights, licenses, permissions, and consents to upload, store, modify, or otherwise use the User Content through the Service.
- 2. Your use of the User Content through the Service does not and will not infringe or misappropriate the intellectual property rights of any third party.
- 3. You will not use the Service to upload, store, process, distribute, or otherwise handle any content that violates applicable laws or encourages illegal activity.
You acknowledge that you alone are responsible for ensuring that your User Content and your use of the Service comply with all applicable laws and regulations.
By using our service, you accept that eMastered will be hosting, sharing, and modifying your intellectual property for a reasonable amount of time while you are using our platform, and you consent to us and trusted entities we work with to back up and store/share your works with you. We are not responsible for ensuring that the content you share with the platform abides by the aforementioned and forthcoming principles.
Using our platform may require personal email verification or authentication, or other means of password encryption to maintain privacy for your account. It is your responsibility to preserve the integrity of this information and not share your account or login details with other parties. If other parties gain access to your account, you will be responsible for their use of the account. If you suspect unauthorized use of your account, you agree to promptly notify us and immediately reset your password.
By using the platform, you agree to use it as an individual, with your own intellectual property, and not as an institution or larger entity or group of individuals operating through a single account. Using our platform with a single account meant to service the intellectual property of other people or entities is strictly prohibited, and is in violation of the terms of service agreement.
You are permitted to provide links to the application and its contents, provided that (1) the sites on which these links appear do not include pornographic, obscene, defamatory, or otherwise illegal/harmful material, and (2) you have all necessary rights, permissions, and authority to display or reference the linked content. This permission is granted unless we request that you cease providing links to our site, upon which you agree to discontinue providing such links immediately.
If at any time we feel your account does not abide by the Privacy Policy, Terms of Service, Acceptable Use Policy, the law, or other aforementioned policies encompassed by eMastered, or threatens the livelihood, confidentiality, or intellectual property rights of other persons and/or entities, we reserve the right to terminate your account and/or remove other content you have contributed to the platform. Termination can also result if your activity or account subjects us to legal liability, hampers the service for other users, or negatively impacts other users. If we determine, at our sole discretion, that you have uploaded infringing content or otherwise violated intellectual property rights through your use of the Service, we may immediately suspend or terminate your account without notice. Termination does not absolve you of liability for any breaches of these Terms occurring prior to termination.
Acceptable Use Policy:
Our Acceptable Use Policy outlines acceptable and prohibited uses of the site. By using the site, you agree to use the site in accordance with the Acceptable Use Policy. The information provided here is a summary of key points; it does not represent the Acceptable Use Policy in its entirety. For the complete list of acceptable and prohibited activities, please review our full Acceptable Use Policy at https://emastered.com/support/use-policy.
In particular, you agree not to use the Service to upload, store, process, or transmit any content for which you do not hold the legal right to use (including but not limited to copyrighted audio, recordings, or other works). Any attempt to infringe or misappropriate another party’s intellectual property rights is strictly prohibited. Violations may result in immediate suspension or termination of your account and potentially subject you to civil or criminal liability.
Please refer to the full Acceptable Use Policy located at https://emastered.com/support/use-policy for additional details and requirements.
Proper Acknowledgement for Releases:
In the event that the application is used on a song / piece of audio that is released on iTunes, Spotify or other promotional or relevant medium, we ask that you include 'Mastered by https://emastered.com ' in the credits section of said release; however, it is not a requirement.
Modification and Termination of the Site:
eMastered is constantly trying to improve the site. Accordingly, eMastered reserves the right to make changes to its site at any time. We also reserve the right to stop or terminate the site altogether. If we stop or terminate the service, we will give you advance notice to get any information belonging to you out of the site, if providing such notice is reasonably possible.
Copyright Infringement and DMCA Compliance:
If you believe any content accessible on or through the Service infringes your copyright, please notify us by following the procedures outlined in our Copyright Infringement Claims/DMCA page located at https://emastered.com/support/dmca. We will review and respond to proper notices in accordance with applicable law, including the Digital Millennium Copyright Act (DMCA).
We reserve the right to remove or disable access to allegedly infringing content upon receiving a proper DMCA notice, and to terminate accounts that repeatedly infringe intellectual property rights. Users agree to cooperate with any investigation we may conduct into alleged infringement.
We maintain a “repeat infringer” policy and reserve the right, in our sole discretion, to immediately terminate any account that has been the subject of multiple notices of infringement.
Disclaimer of Warranties:
EMASTERED’S SERVICES, INCLUDING WITHOUT LIMITATION OUR WEBSITE, APPLICATIONS, FORUM, PLUGINS, SOCIAL MEDIA PAGES, ALL SERVICES PROVIDED THROUGH OR BY OUR WEBSITE OR OTHER APPS, AND ALL INFORMATION, MATERIALS, PRODUCT, CONTENT, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU BY EMASTERED (HEREINAFTER “THE OFFERINGS”) ARE PROVIDED “AS IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND “WITH ALL IMPERFECTIONS”. OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS, EMASTERED MAKES NO SPECIFIC REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO THE OFFERINGS MADE AVAILABLE TO YOU BY EMASTERED. FOR EXAMPLE, EMASTERED DOES NOT PROMISE THAT THE SITE WILL BE ERROR FREE, VIRUS FREE AND WITHOUT ISSUE, THAT ITS SECURITY WILL BE IMPENETRABLE, THAT YOU WILL HAVE CONTINUOUS OPERATION OF OR ACCESS TO THE SITE, NOR THAT IT IS RESPONSIBLE FOR THE STORAGE AND SAFEKEEPING OF YOUR WORKS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, EMASTERED EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, COMPATIBILITY AND NON-INFRINGEMENT.
YOU ACKNOWLEDGE AND AGREE THAT CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF CERTAIN LIABILITIES, AND TO THAT EXTENT THESE TERMS SHALL BE CONSTRUED TO PROVIDE THE MAXIMUM LIMITATION OF LIABILITY AND DISCLAIMERS ALLOWED BY APPLICABLE LAW.
Limitation of Liability for Use of Our Site
TO THE EXTENT PERMITTED BY APPLICABLE LAW, EMASTERED AND ITS AFFILIATED PARTIES ARE NOT LIABLE, AND YOU AGREE TO NOT HOLD US RESPONSIBLE, FOR ANY DAMAGES OR LOSSES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE, GOODWILL OR REPUTATION, DATA LOSSES, FINANCIAL LOSSES, OR CONSEQUENTIAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES) RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITE, OR YOUR INABILITY TO USE THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF EMASTERED IS AT YOUR SOLE RISK.
REGARDLESS OF THE PREVIOUS PARAGRAPH, IF EMASTERED OR ITS’ AFFILIATED PARTIES ARE FOUND TO BE LIABLE, OUR TOTAL LIABILITY TO YOU OR ANY THIRD PARTY IS LIMITED TO THE AMOUNT THAT YOU PAID TO USE THE SITE.
IN NO EVENT SHALL WE BE LIABLE FOR ANY CLAIMS ARISING FROM OR RELATED TO CONTENT THAT YOU DO NOT HAVE THE RIGHT TO USE, OR FOR ANY ALLEGED DAMAGES ARISING FROM THIRD-PARTY DISPUTES OR CLAIMS.
Indemnification:
You agree to defend, indemnify, and hold harmless eMastered, its subsidiaries, agents, employees, successors, related parties, advertisers, directors, advisors, shareholders, officers, and affiliates (collectively, “Affiliated Parties”) from and against any and all claims, demands, actions, causes of action, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
Your use of the Service.
Your violation of these Terms of Service, the Acceptable Use Policy, or any other policy incorporated by reference.
Your infringement or alleged infringement of any third party’s intellectual property rights, including but not limited to copyright, trademark, or trade secret, through your User Content or actions on or through the Service.
eMastered reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to cooperate fully with our defense of such claims and you may not settle any matter without our prior written consent.
Third Party Disclaimer
By using our platform you understand that that material and opinions shared by third party sources on our platform are not representative of eMastered and its affiliates. This third party content then does not represent eMastered nor does it reflect our opinions. Any third party content shared on our platform represents solely the thoughts of the original creator and is in no way endorsed by us.
In the Case of Unlawful Practices:
If at any time we feel that any aspects of this agreement are being violated we reserve the right to investigate violations or actions and take whatever actions we see fit. These include but are not limited to disclosing information that we obtain from you on the platform to governmental and law enforcement agencies.
Payment Disclosure:
By using eMastered and using a paid offering of any kind within the platform you warrant that any payment information offered in such a transaction is true and complete, that the transactions you incur will be honored by your bank, and that you agree to pay any additional charges such as applicable taxes should they be owed.
Compliance with Legal Matters:
By using eMastered you agree to abide by and comply with ordinances, laws (both foreign and domestic), statutes and regulations that govern your use of our platform and the material and contents provided within it.
Disputes
You and eMastered each agree that any claim or dispute related in any way to these terms of service or to your use of the site will be resolved exclusively by final and binding arbitration, rather than in court. The arbitration will be conducted by the American Arbitration Association (‘AAA’) under its rules and procedures. The arbitration proceedings will be conducted only on an individual basis and not in a consolidated, class or representative action. The arbitration proceedings will be held in Wilmington, Delaware and each party will share the cost for the arbitration.
If for any reason the claim or dispute proceeds to court rather than arbitration, then you and eMastered each agree to resolve the claim or dispute in state or federal court in Wilmington, Delaware; to submit to the personal jurisdiction of said court; and to waive any right to a jury trial.
Regardless of the foregoing paragraphs, you and eMastered may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
You expressly waive the right to participate in any class action or representative proceeding against us.
Applicable Law
By using the site, you agree that, except to the extent inconsistent or preempted by federal law, the laws of the state of Delaware, without regard to principles of conflict of laws, will govern the Terms of Service and any claim or dispute of any kind that has arisen or may arise between you and eMastered.
Severability
If any of the above terms of service are deemed unenforceable, void, or invalid, that terms shall be deemed severable and shall not affect the enforceability and validity of any remaining terms of service.
Experimental / Beta Features:
From time to time and at its sole discretion, eMastered may add partially functioning or somewhat non-functional features or services (“Beta Features.“) These features are subject to all aspects of this Agreement and any other Agreements related to the Services offered by eMastered. Beta Features are optional aspects of the company’s Services, and by using such features, you acknowledge any risk and liability is solely your own. Such features can be removed, adjusted, or changed at any time without warning or notice and without any liability. Using such Beta Features allows eMastered to access, collect/analyze, and or store usage data/metrics to help the company improve its products and services.
Artificial Intelligence Disclaimer:
Several different technologies, including machine learning, are involved in providing the Service. By using the Service, you agree that this technology is imperfect, fast-moving, and rapidly changing, which can lead to ambiguous results. This can include but is not limited to omissions, errors, or other problematic outputs that do not accurately reflect certain things or facts in some instances. By using eMastered’s Services, you agree and acknowledge that eMastered is not liable for any such inaccuracies, errors, offensive materials, or mistakes related to anything created by the Service or company. Any risk related to or relying on eMastered is solely your own.
You further acknowledge that you, not eMastered, are solely responsible for ensuring that your use of the Service, including any AI-based tools, does not involve unauthorized use of third-party copyrighted material.
You acknowledge and agree that we may use uploaded content and related data (including metadata) to help improve, train, and develop our internal technologies, services, algorithms, and systems, including those involving artificial intelligence or machine learning, provided that we do so in a manner consistent with applicable law and our Privacy Policy. We may also aggregate and anonymize such data for internal research and analytics without further notice to you. While we are committed to conducting our activities ethically and responsibly, and will in good faith attempt to avoid the inclusion of any unlicensed third-party content in our training processes, you understand and agree that this statement is purely aspirational. It does not impose any legal duty or create any enforceable promise, warranty, or representation on our part, nor does it give rise to any claim of liability against us.
General
No aspect of this agreement constitutes a partnership or joint venture of any kind between you and eMastered, its subsidiaries, agents, employees, relevant parties, directors, advisors, shareholders, officers and / or affiliates.
PRICING TERMS AND CONDITIONS
Individual Account Use and Declaration:
Accounts created and used within the platform are available solely for individual use. They are restricted to single individuals, and cannot be used by other people, entities or members of an institution that purchases an account.
Subscription Offerings:
The eMastered platform provides annual and monthly billing plans for user accounts. Depending on the subscription plan purchased eMastered will bill a user's credit card either annually or monthly. In the case of a failed transaction or if the payment is not made within a reasonable timeframe eMastered is entitled to prohibit access to your account, and thus prevent access to eMastered and your eMastered audio. You will have seven (7) days after receiving notice that your account payment has not been made to complete the payment in question, after which if the transaction has not been rectified eMastered is eligible to downgrade your account to pay as you go, reduce / remove cloud storage and access to other features reserved for paid plans.
BILLING:
Plus and Professional Plans:
The charges for your Plus or Professional Plan will be transacted from the date you sign up for, or upgrade to a Plus or Professional. Your payment method will continue to be charged automatically each month or year henceforth until the plan or account is canceled. Under your 'account,' tab you will see the date in which your card will be billed next. The billing associated with annual plans will be charged on the same day of sign up / upgrading to an annual plan each year automatically and will take place on the same day of each month for monthly plans based on the day signed up or upgraded. It is possible for your account to begin on a day that is not contained within a given month or year. For example, if your month to month plan was purchased on October 31, November 30 is the next time you will be billed. By signing up for a Professional or Plus plan you acknowledge that the total amount charged on your card can change, and is affected by account changes, referral or other promotional rewards, and / or sales tax application differences. By signing up or upgrading to a Plus or Professional plan you agree to pay such differences. By purchasing a Plus or Professional plan you agree to periodically being charged in anticipation of account or similar transactions. Said fees are non-negotiable and non-refundable, and no refunds will be issued for partially used billing periods.
In a situation where you decide to upgrade your plan from a Plus to a Professional account the renewal period for your new account will be reset, and you will be henceforth billed for the first month or year of the service at some point in the next 30 days.
eMastered reserves the right to adjust fees and charges, or potentially add in new charges and fees to Plus and Professional plans. If such changes occur you will be notified via email prior to the changes going into effect. It is possible to change the preferred billing method for your account, and this can be done in the 'Account,' tab of our website when you are logged in. In the event of your selected payment method expiring or not being able to process the aforementioned transactions for your Plan you acknowledge that you are liable and responsible for the uncollected monies. You must keep your payment and contact information up to date within using eMastered.
Multi-Month and Annual Contract, Automatic Renewals
eMastered offers a commitment contract option, which is paid monthly for twelve-month cycles (“Contractual Subscription”). Currently, these plans are called the Advanced Pro, Advanced Plus plans (“Advanced Plans”) and, Yearly Paid Monthly plans. A customer who purchases an Advanced Pro, Advanced Plus Plan, or Yearly Paid Monthly plan is billed every 30 days for twelve full months (“Contract Term”).
At the end of the Contract Term, Advanced Plans and Yearly Paid Monthly plans will renew automatically, and the payment method on file will automatically be re-charged with the same Contractual Subscription the customer initially purchased. This can only be avoided if the customer requests not to auto-renew, or cancels their Contractual Subscription before the contract is set to renew via their account settings within eMastered’s website.
Advanced Plans and Yearly Paid Monthly plans are non-refundable, and by purchasing an Advanced Plan or Yearly Paid Monthly plan, the customer agrees to the Contractual Subscription and Contract Terms outlined in our pricing page.
If a customer attempts to violate the terms of Contractual Subscriptions, such as disputing the recurring charges / issuing a charge-back with their bank or payments provider or other method or even avoiding previously agreed upon payments for their Contractual Subscription, the customer will be responsible for all charges and fees incurred in resolving the unpaid debt amounts.
Money Back Guarantee:
Subscription plans are eligible for a full refund up to 14 days following the purchase. At our discretion, you may not be eligible for a refund if you have used the service extensively, for example, by having mastered and downloaded tracks multiple times.
Account Cancellation:
Your Plus or Professional Account will be charged or billed until you decide to cancel it or we cancel it for you. To avoid being billed for a future year or month with your payment method you must cancel or downgrade your account before the renewal occurs. When your account is purchased or upgraded eMastered will bill you for the monthly or yearly fees associated with your Plus or Professional plan.
Annual Plus and Annual Professional accounts are billed immediately and are not refundable. IN THE CASE OF A CANCELLATION OR DOWNGRADE OF A Professional OR Plus PLAN NO REFUND WILL BE ISSUED FOR PARTIAL YEARS OR PARTIAL MONTHS. You may cancel your Plus or Professional account at any time however, and the cancellation will be instant. This can be done in the 'Account,' page accessible within our site's menu.If such a cancellation occurs you will not be reimbursed for previously charged monthly or annual transactions.
By Signing up or upgrading to a Plus or Professional plan and entering payment information for your account you are agreeing to these payment terms and conditions. For other information regarding the terms of service and acceptable use of your Account please check our 'Terms of Service,' and 'Acceptable Use,' Policies located in our website's menu.
Removal of Inactive Accounts:
For pay as you go accounts eMastered reserves the right to terminate the account if the user has not logged in within ninety (90) days. This can be done without warning or advanced notice, and in such a scenario all audio files and other aspects of the Account will be terminated.
Payment Method Changes and Updates:
In the event that your Paypal or credit card information changes it is your responsibility to update the information into your eMastered account. eMastered is not liable for any transactions which fail or cannot be processed by our payment processing entity, either through insufficient funds available on or within your payment method or in any other scenario. In such a case your transaction will fail and an error message will appear. eMastered reserves the right to freeze or suspend your account in such a scenario, and additionally we reserve the right to contact you in an attempt to provide proper and updated payment information for your account. In the event of an account suspension you are still liable for the charges and purchases made within our platform.
Unless outlined previously or specifically all amounts included within our platform and its documentation are in US Dollars ($) and exclude additional fees and taxes that are applicable.
ATOM Software Purchase Terms
You have 72 hours from the time of purchasing the software to redeem a refund if you are unsatisfied with your purchase. This redemption is only available as a one-time courtesy.
Updates to the software will be free unless explicitly outlined, and will be supported for up to three years from the date of purchase.
If you purchase your ATOM software through the 'Payment Plan,' payment method your purchase is not refundable outside of the initial 72 hours of purchase, and by purchasing that plan you agree to be billed for the full duration of the payment plans length and for the complete balance of the Payment Plan.
If you wish to opt-out of the Payment Plan for ATOM you may purchase a perpetual license for the price of your current remaining balance on your Payment Plan or the full price of a new perpetual license whichever is lower. This can be done through your Account section of the eMastered account page.
Licenses purchased for ATOM are not transferrable to other entities, individual or parties, and by purchasing an ATOM license you agree not to do so. If at any time your payment for an ATOM license is declined or uncompleted for any reason eMastered reserves the right to freeze your license's access to the software until the balance / payment has been processed and accepted.
Open the ATOM/eMastered EULA page
English is the authoritative version, translations are provided for convenience and may not be current.
Mandatory Consumer Rights
Nothing in these Terms overrides or limits any non-waivable rights you may have under applicable law.
Contact Information:
If you have questions, concerns, or comments regarding these Terms of Service or any related policies, please contact us at support@emastered.com
This agreement was last modified or updated on December 9, 2024.