The terms, written to be read

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.

MyMaestro AI Inc., a Delaware corporation (“Rooms,” “us,” or “we”), operates the Rooms platform: infrastructure that record labels use to run artist websites, sell digital releases, and stay connected with their fans.

These Terms of Use (“Terms of Use”) and our Privacy Policy (together, the “Terms”) govern:

• —your fan account with Rooms, wherever you use it;
• —the fan app at my.rms.fm and any related sites or applications we operate;
• —digital purchases made through checkout we provide, on any artist site built on the platform; and
• —any other services we make available to fans and visitors (collectively, the “Services”).

They do not govern the operation of the platform by a label, artist, or their team, which happens under a separate written agreement described in Section 2, and they do not govern purchases you make in a label’s own online store, which happen under that store’s terms as described in Section 6.5.

These Terms constitute a legally binding agreement between Rooms and you, personally and, if applicable, on behalf of the entity for whom you are using the Services (collectively, “you”).

BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS OF USE, WHICH CONTAIN TERMS OF SALE, AN ARBITRATION AGREEMENT, A WAIVER OF CLASS-ACTION RIGHTS, AND LIABILITY LIMITATIONS.

If you do not agree to these Terms and to follow all applicable laws, please cease access or use of the Services immediately.

Questions about these Terms: help@rms.fm.

Rooms is a platform that record labels use to give each of their artists a website of their own (a “room”), on the artist’s own domain, in the artist’s own branding. A room is where that artist’s fans can find releases, buy the music, get access to limited editions and presales, and choose to hear from the artist.

Two things follow from that, and both matter to how these Terms work:

The artist sites are operated by labels, not by us. What a room contains, meaning releases, editions, media, events and presales, is decided by the label and artist operating it, and varies by room and over time. A room carries the artist’s branding, and you may reach it without ever seeing our name.

Your account is with us, and it works everywhere on the platform. When you create an account on any room, or in the fan app, you are creating one account with Rooms. It carries your sign-in, your saved details, your preferences, and everything you own across every artist and label on the platform. Section 4 describes it.

Throughout these Terms, “Rooms” capitalized refers to us, MyMaestro AI Inc., and “a room” or “rooms” lowercase refers to the artist sites. Where the meaning could be unclear, we use “the Services” for our platform.

These Terms govern visitors and fans: people who browse rooms, create accounts, follow artists, and make purchases.

Labels, artists, managers, and their teams who deploy and operate rooms (“Labels”) do so under a separate written agreement with us (a “Label Agreement”). If you are acting for a Label, the Label Agreement, not these Terms, governs your operation of rooms, including subscriptions, data ownership, messaging, and content licensing. To the extent of any conflict between these Terms and a Label Agreement, the Label Agreement controls for that Label’s use.

Where these Terms describe what a Label must do , they are describing what our Label Agreements require. Those requirements are enforceable by us against the Label. They are not promises by us that every Label will always meet them, and nothing in these Terms makes us responsible for a Label’s compliance.

You must be at least 16 years old to create an account, follow an artist, or make a purchase through the Services.

If you are under the age of majority where you live, you may use the Services only with the consent of a parent or legal guardian, who accepts these Terms with you and is responsible for purchases made through your account. By creating an account and confirming your age, you represent that you meet this requirement.

By using the Services on behalf of any third party, you represent that you are an authorized representative of that third party and that your use constitutes that third party’s acceptance of these Terms.

If we have previously terminated your access to the Services, you are not permitted to access them.

Children’s Privacy

The Services are not directed to children under 16, and you may not create an account or make a purchase if you are under 16. We do not knowingly collect personal information from anyone under 16. If we learn that we have, we will delete the information and close the account.

If you believe a child under 16 has provided us with personal information, contact us at help@rms.fm so that we can take appropriate action.

Creating an account is required to make digital purchases, hold what you buy, receive messages you sign up for, and use the fan app. You agree to provide accurate and current information when you register and to keep it updated. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. Notify us promptly at help@rms.fm of any unauthorized use.

One account, everywhere. Your account is a single account with Rooms that works across every room on the platform and in the fan app. It holds your sign-in credentials, saved payment details, any streaming account you link, your notification choices, and every purchase and entitlement attached to it, whichever artist or label it came from.

One account per person. Accounts are personal and may not be sold, transferred, or shared. Purchases, entitlements, and standing with an artist attach to your account and cannot be moved to another account except as we may expressly permit.

Linked streaming accounts. You can link a streaming account (such as Spotify) to your Rooms account. Once linked, you can pre-save upcoming releases on any room with a single tap. Linking is optional, governed by the streaming service’s own terms and the permissions shown when you connect, and you can disconnect at any time in settings. We do not receive or store your credentials for those services.

Following. You can follow an artist, sign up for notifications about a release, or join a waitlist for an edition, with or without buying anything. Doing so shares information with that artist’s label as described in our Privacy Policy, and you can choose separately whether to receive email or text messages.

Standing with an artist. The Services may recognize your history with an artist, meaning how early you bought, how many releases you have bought, events you attended, and how you have participated, and use it to determine access to things like presales, limited editions, and early listening windows. How standing is calculated is determined by us and may change. Standing and any access it grants: (a) are features of the Services and not property; (b) have no monetary value and cannot be sold, exchanged, or transferred; (c) apply per artist; and (d) may be modified, recalculated, or discontinued by us or, as to what a given level unlocks, by the Label.

Integrity. We may adjust or void standing, access, or accounts obtained or advanced through manipulation, including automated signups, fabricated or duplicate accounts, or other conduct designed to game access mechanics.

Artist and label participation. Whether a room exists, what it contains, and what is offered in it are decisions of the Label. We do not guarantee that any artist will maintain a room, offer any particular item, run any particular presale or event, or take any particular action.

Polls and votes. Where a room invites your input on choices an artist has put to fans, your input is advisory. It does not create any obligation on the artist, the Label, or us, and no outcome is promised.

6.1The Label is the seller; our role

The Label operating a room is the seller of every item offered in it. The Label sets the price and is your counterparty for the sale. The seller is identified at or before checkout.

Our role differs by what you are buying:

• —Digital releases and digital content: we provide the checkout and deliver what you bought, as described in Section 6.4. Payment is processed by a third-party payment processor directly into the Label’s own payment account. We never hold your money and we take no percentage of any sale.
• —Physical records, merchandise, and other physical goods: these are sold through the Label’s own online store, not through us. Section 6.5 describes what that means.
• —Tickets: we provide access to presales; the sale itself happens with a ticketing provider. Section 6.6 describes what that means.

Because payment for your purchases goes directly to the Label, refunds owed to you under these Terms or under law are issued by the Label through the payment processor. Our Label Agreements require Labels to issue the refunds these Terms describe, and we will assist you in obtaining one, but the funds are the Label’s and the refund comes from them.

6.2Orders and payment

Your order is an offer to purchase. It is accepted, and the contract of sale formed, when the seller, or we acting on the seller’s behalf, confirms the order. We and the seller may refuse or cancel any order, including for suspected fraud, error, or unavailability; if payment has been taken for a canceled order, it will be refunded in full.

You authorize the applicable payment processor to charge your selected payment method for the total shown at checkout, including any applicable taxes and fees. Payment processing is provided by third parties and subject to their terms. We do not store full payment card numbers.

6.3Pricing and taxes

Prices are set by the seller. Prices may change at any time, but changes do not affect completed purchases. Displayed prices may exclude taxes, which are calculated at checkout where required. In the event of an obvious pricing error, we or the seller may cancel the affected order and refund any amount paid.

6.4Digital purchases: what you get

When you purchase a digital release, or when a purchase includes digital content such as the collection of material that comes with a record, meaning alternate takes, stems, session video, credits, notes and high-resolution artwork, you are purchasing a license, not ownership of the underlying recordings, compositions, artwork, or other materials.

Subject to these Terms, including Sections 12 and 17, your purchase grants you a personal, non-commercial, non-transferable, non-sublicensable license to:

• 1.Stream and view the content through the Services, in the room and in the fan app, for as long as your account is open and the content remains available through the Services.
• 2.Download the files, where downloads are enabled for that content. A downloaded file is an ordinary file that sits on your own devices, does not depend on us, and is not affected by anything that later happens to your account or to the Services.

What a purchase includes, and whether downloads are enabled, is shown before you buy.

Entitlements attach automatically. What you buy attaches to your account at purchase. There is no code and nothing to redeem. If a purchase is made outside the Services, in the Label’s store or as a gift, under an email address with no account attached, the entitlement is held against that email address and attaches when an account with that address first signs in.

Entitlements are non-transferable. They attach to your account and do not travel with a resold record.

Withdrawal from sale does not affect what you already bought. A Label can stop selling a release at any time. That applies to future sales only. It does not remove content from the accounts of people who already purchased it.

Removal for rights reasons is different, and can affect purchasers. Rights in recordings and compositions are held by artists, labels, publishers, and other rights holders, and those rights can be disputed, withdrawn, or found to have been defective. If we receive a valid claim of infringement, if the rights relied on to make content available are lost, or if we are otherwise required by law, we may have to remove content from the Services and may have to end access for people who already purchased it. We may suspend access while a claim is being resolved, before deciding whether the removal is permanent.

If a removal becomes permanent, you get your money back. Where digital content you purchased is permanently removed from the Services for the reasons above, the Label will refund the amount you paid for it, and our Label Agreements require them to. Where the removal affects only part of a purchase, one track on an album for example, the remainder stays in your account and a proportionate part of what you paid is refunded.

A removal does not reach a file you have already downloaded, and we will not ask you to delete one.

If we wind down the Services. If we discontinue the Services entirely, we will give at least 30 days’ notice where practicable and enable downloads of purchased digital content during that period, to the extent the rights to do so are held. We cannot promise access through the Services beyond the life of the Services.

Restrictions. Downloads and streamed content are for personal, non-commercial use only. You may not redistribute, upload, share, or make them available to any third party; you may not remove or alter metadata, copyright notices, or watermarks; and you may not circumvent, disable, or interfere with any technical protection applied to the content. Files you download may carry embedded metadata or a digital watermark identifying the account that downloaded them, so that unauthorized copies can be traced.

6.5Physical goods, sold through the Label’s store

Physical records, editions, merchandise, and other physical goods shown on a room are sold through the Label’s own online store. When you buy one, checkout, payment, taxes, shipping, fulfillment, returns, and refunds are all handled by that store, under that store’s terms and the Label’s policies, not under these Terms.

What the Services do in connection with those purchases:

• —Show you the item and, where it is limited, determine your access to it (Section 5).
• —Record the completed order against your account, so that anything the purchase unlocks, such as the digital collection that comes with a record, attaches to your account automatically, and so that your history with that artist is recognized.

Inquiries about a physical order should go to the Label or its store. If you cannot resolve an issue, you can contact us and we will put you in touch with the right person at the Label, but the Label is responsible for fulfillment and for its own policies.

6.6Tickets and presales

Where a room offers presale access to tickets, the Services determine your eligibility and give you access to a presale window. The ticket sale itself happens with a ticketing provider or the event organizer, under their terms, and admission is subject to the organizer’s and venue’s terms, rules, and age restrictions.

Presale or early access is access to purchase, not a guarantee of inventory. Events may be rescheduled, modified, or canceled by the organizer, who is responsible for its refund policy.

Presale access may not be resold or transferred except through features we expressly provide, and except where applicable law gives you a right to transfer it.

6.7Refunds

Except as stated in these Terms, including the removal refund in Section 6.4, required at the point of sale, or required by applicable law, all sales of digital content are final. Refund terms for physical goods and tickets are set by the Label’s store and the ticketing provider respectively. Nothing in this section limits any non-waivable right you have under applicable consumer law.

6.8Chargebacks

If you have a problem with a purchase, contact us or the Label before disputing the charge with your bank or card issuer, so that it can be resolved. If a chargeback is determined to be fraudulent, abusive, or otherwise unjustified, we may suspend or terminate the associated account.

6.9Sales and chart reporting

Direct sales can count toward sales charts, and Labels generally report them. Where a release is reported, we send the reporting body the transaction data it requires, which may include details of the purchase and information used to verify that the purchase is genuine. This applies to digital purchases made through the Services and to physical orders from the Label’s store that are recorded against your account.

A release that is being reported is marked as such before you complete a purchase. If you do not want a purchase reported, do not buy a release marked as reported.

Reported data cannot be recalled by us or by the Label once it has been submitted. How that data is handled is described in our Privacy Policy.

7.1Definitions

“Rooms Materials” means the Services themselves: software, design, text we author, graphics, interfaces, and the selection and arrangement of their elements.

“Artist Content” means recordings, compositions, artwork, videos, lyrics, credits, session materials, merchandise designs, and other materials made available through the Services by or on behalf of a Label.

“Content” means both together, along with any content on the Services provided by anyone else.

7.2Rooms Materials

Rooms Materials are copyrighted work under United States and other copyright laws and are the property of, or licensed by, us. All trademarks, service marks, and trade names on the Services (“Marks”) are trademarks or registered trademarks of, and proprietary to, Rooms or other owners who have granted us the right to use them. The names, branding, and marks of artists and labels belong to them.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access, view, and use the Services for your personal use, including the purchase and playback rights granted under Section 6.

You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any Content in whole or in part, other than as expressly permitted by these Terms, without written consent from us or the applicable rights holder.

7.3Artist Content

Artist Content is owned by the applicable artists, labels, or other rights holders and is made available through the Services under license. Nothing in these Terms transfers any ownership of Artist Content to you or to us. Your rights in purchased Artist Content are as stated in Section 6.4 and at the point of sale; your rights in other Artist Content are limited to viewing and playback within the Services as made available.

We do not train generative models on Artist Content. We will not use, and will not permit others to use, any artist’s recordings, compositions, videos, artwork, or other Artist Content to train models that generate sound recordings, audiovisual works, musical works, or images, without that artist’s express permission.

7.4Music rights

Rights in a musical composition are separate from rights in the sound recording of it, and both are needed to make a release available.

Each Label is responsible for the rights in what they offer through the Services. Our Label Agreements require each Label to represent that they own or control, or have licensed, every right needed to make their releases and related materials available through the Services, including the recording, the composition, and any samples, interpolations, or contributions by others, and to indemnify us if that turns out not to be the case.

7.5Feedback

If you send us comments or suggestions about the Services, meaning ideas, notes, text, drawings or designs, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use them for any purpose, commercial or otherwise, without any obligation of confidence, acknowledgment, or compensation to you.

The Services let you connect accounts you hold with third-party services, for example a streaming service, for one-tap pre-save. If you connect an account, you authorize us to access the data described in the connection flow, subject to the third party’s terms and our Privacy Policy. We do not receive or store your credentials for those services. You can disconnect a connected account at any time in settings; disconnecting stops future access but does not undo actions already taken at your request.

Third parties also provide services in connection with the Services, including payment processors, the Label’s store platform, and ticketing providers. In such cases you may be required to agree to the third party’s terms of service and/or privacy policy. We will not be liable for the acts or omissions of such third parties, their terms or policies, or any loss, damages, liability, or expenses (including attorneys’ fees) you incur arising from or related to their services or products.

From us. By creating an account you agree to receive account and transactional messages: receipts, security notices, and notices about changes to the Services or these Terms. These are sent while your account is open and are not optional. Our own promotional emails are separate; you can opt out of them at any time using the link in any such message.

From artists and labels. Following an artist does not put you on that Label’s email or text message list. Hearing from a Label by email or SMS is a separate choice you make, per label, and you can withdraw it at any time, in your settings, through the unsubscribe link in any email, or by replying STOP to any text message, without losing anything you own or your standing with an artist.

SMS. Text messages require a separate opt-in. Message and data rates may apply, and you can stop them by replying STOP.

You agree that you will not use the Services or any Content to:

• —Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of Rooms, any artist or Label, or any other person or entity;
• —Create or use an account on behalf of anyone under 16, or misrepresent your age;
• —Use the Services commercially, except as expressly permitted by these Terms, a Label Agreement, or features we provide;
• —Record, rip, capture, extract, or download Artist Content by any means other than those the Services provide; redistribute, share, or publicly perform any Artist Content; remove or alter metadata, copyright notices, or watermarks; or circumvent or interfere with any technical protection measure;
• —Resell, transfer, or share account access, purchased content, entitlements, standing, or presale access, except through features we expressly provide;
• —Manipulate access, presale, or voting mechanics, including through automated accounts or fabricated identities;
• —Scrape, harvest, or collect data about the Services, artists, labels, or other users, or use any automated system to access the Services except as we expressly permit;
• —Reverse engineer, decompile, tamper with, or disassemble the technology used to provide the Services (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law);
• —Interfere with or damage the Services or any underlying technology;
• —Impersonate or misrepresent your identity or affiliation, including posing as an artist, a Label, or Rooms personnel;
• —Attempt to obtain unauthorized access to the Services, any account, or any Label’s data;
• —Violate, misappropriate, or infringe a third party’s intellectual property or other rights;
• —Transmit executable programming or corrupted files of any kind, including viruses, spyware, trojan horses, or any other similar software or programs that may damage or adversely affect the operation of another person’s computer, our Services, software or hardware, third-party websites, or telecommunications equipment;
• —Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material; or
• —Violate any applicable law, rule, or regulation.

You also agree not to copy or reproduce the software, design, or interfaces of the Services.

Use of the Services is subject to existing laws and legal process. Nothing contained in these Terms will limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the Services.

All information we collect from you is subject to our Privacy Policy. Our Privacy Policy, which describes how we collect, use, and disclose your data, including how information about your activity with an artist is made available to that artist’s label, is incorporated into and is part of these Terms.

We respect the rights of others, and we expect users of the Services to do the same. These Terms prohibit the infringement of the copyrights of others. It is our policy to terminate, in appropriate circumstances, the accounts of users who are repeat infringers, and we may remove content that in our reasonable judgment appears to infringe the intellectual property rights of others.

12.1Designated agent

Notifications of claimed copyright infringement should be sent to our designated agent:

Not yet supplied. Designated agent, street address, city, state, ZIP, email and telephone are not set in the source document. MyMaestro AI Inc., United States.

12.2How to file an infringement notification

If you have a good faith belief that content residing on or accessible through the Services infringes a copyright which you own or for which you are a designated agent, send a notice to our designated agent including:

• 1.Identification of the copyrighted work claimed to have been infringed. If multiple works are covered by a single notification, provide a representative list.
• 2.Identification of the material claimed to be infringing, with information reasonably sufficient to permit us to locate it (URL and screenshots for each item).
• 3.The specific asset or page you claim to be infringing; say “entire work” only if all assets or pages in a collection are infringing.
• 4.Details of your claim to the material, or your relationship to the material’s copyright holder.
• 5.Your full name, address, and telephone number, and a working email address.
• 6.A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• 7.A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
• 8.Your physical or electronic signature.

ANY NOTICE THAT DOES NOT COMPLY WITH THE REQUIREMENTS OF TITLE 17, UNITED STATES CODE, SECTION 512(c)(3) MAY NOT RECEIVE A RESPONSE. NOTHING IN THIS POLICY IS INTENDED TO EXPAND OR SUPPLEMENT THE LEGAL RIGHTS, PROCEDURES AND REMEDIES AUTHORIZED AND GRANTED UNDER THE DMCA.

You may be liable for damages, including costs and attorneys’ fees, under the DMCA if you knowingly materially misrepresent that material on the Services infringes your copyright, or that material was removed or disabled by mistake or misidentification.

12.3Counter-notification

If your material was removed or disabled and you believe it was a mistake or misidentification, you may send a counter-notification to our designated agent including:

• 1.Your physical or electronic signature.
• 2.Identification of the material removed and the location where it appeared before removal.
• 3.A statement, under penalty of perjury, that you have a good faith belief the material was removed or disabled as a result of mistake or misidentification.
• 4.Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or, if outside the United States, any judicial district in which we may be found), and that you will accept service of process from the person who filed the original notification or their agent.

We will forward a valid counter-notification to the person who filed the original notification. Unless that person notifies us that they have filed a court action seeking to restrain the activity, we may restore the removed material in not less than 10 and not more than 14 business days after receiving the counter-notification.

12.4What a takedown means for people who bought the release

On receipt of a valid notice we will suspend sales of the affected material and may suspend access to it, including for people who already purchased it. A notice is an allegation and may be withdrawn or answered by a counter-notification, so we will not treat a removal as permanent until the claim is resolved or the counter-notification period has closed. If the removal becomes permanent, purchasers are refunded as described in Section 6.4.

Subject to applicable law, you and Rooms agree that any dispute that has arisen or may arise between us relating in any way to your use of or access to the Services, any purchase, any breach, enforcement, or termination of these Terms, or otherwise relating to Rooms in any way will be resolved in accordance with the provisions set forth in this Section.

Informal resolution. If you have a dispute with us, before taking any formal action you will contact us at help@rms.fm, provide a brief written description of the dispute and your contact information (including your username, if your dispute relates to an account), and allow sixty (60) days to pass, during which we will attempt to reach an amicable resolution.

Arbitration. These Terms and each of their parts evidence a transaction involving interstate commerce, and the Federal Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any dispute covered by this Section must be asserted individually in binding arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules, available at https://www.adr.org (including, without limitation, utilizing desk, phone, or video conference proceedings where appropriate and permitted to mitigate costs of travel).

The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms is void or voidable or that a particular claim is subject to arbitration. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Award. For matters where the relief sought is over $5,000, the arbitrator’s decision will include the essential findings and conclusions upon which the award is based. The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator’s award shall be final and binding. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER USERS.

Exceptions. There are two exceptions to this arbitration agreement. First, if a party reasonably believes that the other has infringed or threatened to infringe its intellectual property rights, the party who owns those rights may seek injunctive or other appropriate interim relief in any court of competent jurisdiction. Second, either party may bring an individual claim in small claims court, provided the claim is within that court’s jurisdictional limit, the matter remains in that court, and it advances only on an individual (non-class, non-representative) basis.

Costs of arbitration. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this agreement to arbitrate. If the value of the relief sought is $10,000 or less, at your request, Rooms will reimburse you for all filing, administration, and arbitrator fees associated with the arbitration following the earlier of the arbitrator’s decision or settlement. If the arbitrator determines the claim(s) you assert to be frivolous, Rooms is relieved of that obligation.

Future amendments to the agreement to arbitrate. If we amend this agreement to arbitrate in the future, that amendment will not apply to any claim filed in a legal proceeding against Rooms before the effective date of the amendment. The amendment will apply to all other disputes or claims governed by this agreement to arbitrate. If you do not agree to an amended agreement to arbitrate, you may close your account within thirty (30) days of the notice and you will not be bound by it.

Judicial forum for legal disputes. Unless you and we agree otherwise, if the agreement to arbitrate is found not to apply to you or to a particular claim or dispute, as a result of your opting out, a decision by the arbitrator or a court, or your filing an eligible claim in small claims court, any claim or dispute between you and Rooms must be resolved exclusively by a state or federal court located in Austin, Texas, and you and Rooms submit to the personal jurisdiction of those courts.

Opt-out. YOU CAN REJECT THIS AGREEMENT TO ARBITRATE BY EMAILING AN OPT-OUT NOTICE TO help@rms.fm WITHIN THIRTY (30) DAYS AFTER YOU FIRST ACCEPT THESE TERMS. IF WE POST AMENDED TERMS, YOU HAVE THIRTY (30) DAYS AFTER THAT POSTING TO SUBMIT AN OPT-OUT NOTICE.

Procedure. To opt out, email your name, address, and the email address(es) associated with your account(s) to help@rms.fm. This is the only way to opt out of the agreement to arbitrate. If you opt out, all other parts of these Terms and this Disputes Section continue to apply to you.

Waiver. BY AGREEING TO THESE TERMS, YOU IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

You agree to indemnify, defend, and hold Rooms and our officers, directors, managers, members, employees, agents, affiliates, partners, and licensors (“Rooms Parties”) harmless from and against any third-party claim, and any resulting liability, damages, losses, costs, and expenses including reasonable attorneys’ fees, arising from (a) your breach of these Terms; or (b) your violation of applicable law or of the rights of any other person or entity, including any artist, label, or rights holder.

We will notify you of any claim for which we seek indemnification and will not settle it without your consent, which you will not unreasonably withhold. You may not settle any such claim in a way that imposes an obligation on a Rooms Party without our written consent. This obligation survives these Terms and your use of the Services.

Service outages and events outside our control. To the fullest extent permitted by law, we are not liable for service outages caused by maintenance on our servers or underlying technology, failures of our service providers (including telecommunications, hosting, and power providers), computer viruses, natural disasters or other damage to our facilities, acts of nature, war, civil disturbance, or any other cause beyond our reasonable control. This provision is not intended to disclaim liability that Rooms may not disclaim under applicable law.

Rooms and their contents. What any room contains is determined by its Label and artist. We make no warranty as to the contents, frequency, or continuation of any room, release, event, presale, or other offering, and no representation that any artist or Label will take any action. This does not affect the rights granted to you under Section 6.4 in digital content you have purchased.

USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE SERVICES. THE SERVICES AND CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS TO THE FULLEST EXTENT PERMITTED BY LAW. ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS.

NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKES ANY WARRANTY THAT (i) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR AFFILIATES OR BUSINESS PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES, ANY CONTENT, OR ANY OF OUR TOOLS, PRODUCTS, OR PROPERTIES. ROOMS ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW FOR ANY SUCH INACCURACIES, ERRORS OR OMISSIONS.

No responsibility for third-party services and materials. ROOMS DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY WEBSITE FEATURED OR LINKED TO THROUGH THE SERVICES, INCLUDING GOODS SOLD THROUGH A LABEL’S OWN STORE AND TICKETS SOLD BY A TICKETING PROVIDER, AND ROOMS WILL NOT BE A PARTY TO OR RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. ROOMS WILL NOT BE LIABLE FOR THE OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING LIMITATIONS WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

No consequential damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ROOMS AND THE ROOMS PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE PERFORMANCE, USE OF OR INABILITY TO USE THE SERVICES, CONTENT OR PRODUCTS, EVEN IF ROOMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE OR OTHERWISE. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT ROOMS MAY NOT EXCLUDE UNDER APPLICABLE LAW.

Our liability is limited. OUR AGGREGATE LIABILITY WILL NOT EXCEED THE GREATER OF (i) THE AMOUNT YOU PAID FOR THE PRODUCTS TO WHICH THE CLAIM RELATES AND (ii) $100. THIS PROVISION IS NOT INTENDED TO EXCLUDE LIABILITY THAT ROOMS MAY NOT EXCLUDE UNDER APPLICABLE LAW.

Term. These Terms are effective unless and until terminated by you or us.

Changes to these Terms. We may change these Terms. When we do, we will post the updated Terms with a new effective date. Where a change is material, for example a change to the terms of sale, to what a purchase gets you, or to the Disputes Section, we will give you at least 30 days’ notice before it takes effect, by email or in the Services. Changes take effect on the stated effective date and apply to your use of the Services from that date. If you do not agree to a change, you may close your account before it takes effect, and Section 6.4 governs what happens to what you bought. Changes do not apply retroactively to a completed purchase or to a claim already filed.

Changes to the Services. We may modify, suspend, or discontinue any aspect of the Services, including the availability of any feature, at any time, temporarily or permanently, by posting notice in the Services or sending you an email. We may also impose limits on certain features. Where a change or discontinuation affects digital content you have purchased, Section 6.4 applies.

Suspension and termination by us. We may terminate or suspend your access to all or any part of the Services where you materially breach these Terms, including the Prohibited Conduct section; where we suspect fraud, abuse, or manipulation of access or presale mechanics; or where we are required to by law or by a rights holder. Except where immediate action is necessary, we will give you notice and, where the breach can be put right, an opportunity to do so.

Effect on purchases. If we terminate or suspend your account, your access through the Services to what you purchased ends. Files you have already downloaded are unaffected. Amounts paid are non-refundable except as provided in these Terms or required by applicable law.

Termination by you. You may close your account at any time by following the instructions in the Services. Before you close it, you can download any purchased digital content for which downloads are enabled, and we will make that option available as part of the closure flow. Access through the Services ends when the account closes.

Survival. The following survive termination: Sections 6.4 (rights in what you purchased, and the removal refund), 6.8, 7 (Content and Intellectual Property), 11, 13, 14, 15, 16, 19, and 20, together with any other provision that by its sense and context is intended to survive.

If you access the Services through an application downloaded from the Apple App Store or Google Play, the following applies to the extent required by the applicable store: the store operator is not a party to these Terms, has no obligation to furnish maintenance or support for the application, and is not responsible for addressing any claims by you or any third party relating to the application, including product liability, legal or regulatory compliance, and intellectual property claims; in the event of any failure of the application to conform to an applicable warranty, you may notify the store operator and, where required, it may refund the purchase price of the application, and to the maximum extent permitted by law it has no other warranty obligation; the store operator and its subsidiaries are third-party beneficiaries of these Terms as they relate to your license of the application, with the right to enforce them against you; and you represent that you are not located in a country subject to a U.S. government embargo or designated a “terrorist supporting” country and are not on any U.S. government list of prohibited or restricted parties.

We offer the Services in the United States. We operate the Services from the United States, and your personal information is processed there as described in the Privacy Policy. If you access the Services from another country, you do so at your own initiative and are responsible for compliance with local law.

Nothing in these Terms removes rights you have under non-waivable consumer law. Where a provision of these Terms conflicts with a non-waivable consumer right, that right applies and the provision does not.

No waiver; severability. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of it. No waiver of any term will be binding unless in writing. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original, and the remainder of the Terms continues in effect.

Statute of limitations. Any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after the claim or cause of action arose, or be forever barred, except where applicable law does not permit this limitation.

Applicable law. These Terms will be construed in accordance with the laws of the United States of America and (to the extent not inconsistent with or preempted by federal law) the State of Delaware, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Austin, Texas if seeking interim or preliminary relief or enforcement of an arbitration award.

Assignment. These Terms, and any rights or licenses granted under them, may not be assigned or delegated by you. They may be assigned or delegated by Rooms without restriction. These Terms bind and benefit each party and its successors and permitted assigns.

Notices. You consent to receiving and transacting with us by electronic means. We may deliver notice to you by email to the address on your account or by posting a notice in the Services, and such notice is effective when sent. Notice to us is effective when received at help@rms.fm.

Entire agreement. These Terms constitute the entire agreement between you and Rooms and govern your use of the Services, superseding any prior agreements on the subject matter, except that if you are acting for a Label, your Label Agreement governs as described in Section 2. You may also be subject to additional terms when you use certain third-party software, content, links, or websites, including a Label’s store and any ticketing provider. These Terms may not be modified by an oral statement by a representative of Rooms.

Miscellaneous. No agency, partnership, joint venture, or employee-employer relationship is intended or created by these Terms. You agree to comply with all applicable laws in your use of the Services. Agreements made between you and us in electronic form are as legally binding as if made in physical written form. The provision titles in these Terms are for convenience only and have no legal or contractual effect. These Terms will not be construed against the drafter.

Notice to California users. Under California Civil Code Section 1789.3, California website users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.

Contact. MyMaestro AI Inc., United States. help@rms.fm. The registered address is not set in the source document.