Terms and Conditions

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COMMERCIAL PERFORMANCE TERMS OF SERVICE & DIGITAL END USER LICENSE AGREEMENT (EULA)

Last Updated: July 23, 2026

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE COMPLETING YOUR PURCHASE. BY CHECKING THE "I AGREE TO THE TERMS OF SERVICE" BOX AT DIGITAL CHECKOUT, YOU (THE "SUBSCRIBER") ARE LEGALLY BINDING YOURSELF OR THE ENTITY YOU REPRESENT TO THESE TERMS WITH STAGE 369 INC.

1. PARTIES & CONTRACTING ENTITY

This Commercial Performance Terms of Service & Digital End User License Agreement (the "Agreement") is entered into by and between:

Licensor: Stage 369 Inc., a corporation duly organized and existing under the laws of the State of Texas, with its principal place of business in Texas ("Stage 369," "Licensor," "we," "us," or "our").

Subscriber: The business, entity, or individual purchasing the subscription and accepting these terms at checkout ("Subscriber," "you," or "your").

Stage 369 Inc. is the sole and exclusive owner of all right, title, and interest in and to the audio catalog, master recordings, copyrights, and underlying intellectual property made available under this Agreement (the "Catalog"). Stage 369 Inc. is the legal entity granting this license.

2. SCOPE OF GRANT

Subject to the terms and conditions of this Agreement, Stage 369 Inc. hereby grants the Subscriber a non-exclusive, non-transferable, non-sublicensable, revocable license to publicly perform (stream/play) the Catalog as on-site commercial background music solely within a single physical business location identified by the Subscriber at the time of checkout ("Licensed Premises").

This license is limited to:

(a) The Subscriber's internal background music system for the Licensed Premises only;
(b) Streaming or playing the Catalog through authorized audio equipment located within the Licensed Premises;
(c) Use by employees, customers, and visitors of the Subscriber while physically present at the Licensed Premises.

This license does not grant any right to use the Catalog outside the Licensed Premises or for any purpose not expressly stated herein.

3. PAYMENT & TERM

3.1 Subscription Fee. The license fee is either $29.00 billed monthly (USD) ("Monthly Subscription") or $290.00 billed annually (USD) ("Annual Subscription"), as selected by the Subscriber at checkout (the "Subscription Fee"), billed on a recurring auto-pay basis.

3.2 Term. This Agreement begins on the date the Subscriber completes checkout and agrees to these terms ("Effective Date") and continues on a recurring basis (monthly or annual) corresponding to the selected billing cycle for as long as the Subscriber maintains an active, paid subscription.

3.3 Automatic Renewal. The subscription will automatically renew each billing cycle unless cancelled by either party with at least 24 hours' notice before the next billing date.

3.4 Payment Failure & Revocation. The license granted herein is valid strictly while the selected subscription fee is successfully paid and current. If payment fails, is declined, charged back, or otherwise not received by Stage 369 Inc., the license is automatically and immediately revoked without further notice. Continued use of the Catalog after payment failure constitutes copyright infringement and a breach of this Agreement.

3.5 Cancellation & Lapse. If the Subscriber cancels the subscription or allows it to lapse for any reason, the license terminates immediately, and the Subscriber must cease all use of the Catalog and remove all copies from their systems.

4. RESTRICTIONS & PROHIBITED USES

The Subscriber agrees and acknowledges that the license granted herein is strictly limited. The Subscriber shall not under any circumstances:

(a) Resell, redistribute, or sublicense the Catalog or any portion thereof to any third party;
(b) Sample, remix, edit, alter, modify, or create derivative works from the Catalog or any portion thereof;
(c) Broadcast, stream, or transmit the Catalog outside the Licensed Premises, including but not limited to internet streaming, radio broadcast, television, telephone hold music, or any public transmission;
(d) Copy, reproduce, duplicate, or download the Catalog beyond what is reasonably necessary for on-site playback;
(e) Use the Catalog in connection with any advertising, promotional content, video production, film, or any audio-visual synchronization;
(f) Assign, transfer, or share this license with any other entity, franchisee, location, or individual;
(g) Circumvent, disable, or interfere with any technological protection measures or usage restrictions implemented by Stage 369 Inc.;
(h) Use the Catalog in any manner that violates applicable law, infringes third-party rights, or is otherwise unlawful.

5. INTELLECTUAL PROPERTY OWNERSHIP

The Subscriber acknowledges and agrees that:

(a) Stage 369 Inc. is and shall remain the sole and exclusive owner of all intellectual property rights in and to the Catalog, including all copyrights, master recordings, musical compositions, and related rights;
(b) Nothing in this Agreement transfers or assigns any ownership interest in the Catalog to the Subscriber;
(c) Any unauthorized use of the Catalog constitutes copyright infringement and may subject the Subscriber to civil and criminal penalties;
(d) The Subscriber acquires no rights in the Catalog except the limited license expressly granted herein.

6. CLICK-THROUGH BINDING & ELECTRONIC ACCEPTANCE

6.1 Acceptance. By checking the "I Agree to the Terms of Service" box (or equivalent click-through mechanism) at digital checkout and completing the purchase, the Subscriber:

(a) Acknowledges that they have read, understood, and agree to be bound by all terms of this Agreement;
(b) Represents and warrants that they have the legal authority to bind the entity on whose behalf they are acting;
(c) Agrees that this electronic acceptance constitutes a legally binding signature and contract under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state law.

6.2 No Right of Withdrawal. By accepting this Agreement, the Subscriber acknowledges that the license grants immediate access to the Catalog, and the Subscriber waives any right of withdrawal, cancellation, or refund under applicable consumer protection laws, except as expressly provided in Section 8 below.

7. REPRESENTATIONS & WARRANTIES

7.1 By Subscriber. The Subscriber represents and warrants that:

(a) They are a legally formed business entity or an individual authorized to enter into this Agreement;
(b) They have the full right, power, and authority to enter into and perform their obligations under this Agreement;
(c) They will use the Catalog in strict compliance with this Agreement and all applicable laws.

7.2 By Licensor. Stage 369 Inc. represents and warrants that:

(a) It is the sole owner of the Catalog and has the right to grant the license hereunder;
(b) To its knowledge, the Catalog does not infringe upon the intellectual property rights of any third party.

7.3 DISCLAIMER. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE CATALOG IS PROVIDED "AS IS" AND "AS AVAILABLE." STAGE 369 INC. MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

8. REFUND & CANCELLATION POLICY

8.1 Refunds. All Subscription Fees are non-refundable except as required by applicable law. In the event of a technical error on Stage 369 Inc.'s part that prevents access to the Catalog for more than 48 consecutive hours, the Subscriber may request a pro-rata refund for the affected period.

8.2 Cancellation. The Subscriber may cancel their subscription at any time through their account dashboard or by contacting Stage 369 Inc. Cancellation takes effect at the end of the current billing period.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

(a) STAGE 369 INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE USE OF THE CATALOG;
(b) STAGE 369 INC.'S TOTAL LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY THE SUBSCRIBER IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM;
(c) THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF STAGE 369 INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. INDEMNIFICATION

The Subscriber agrees to indemnify, defend, and hold harmless Stage 369 Inc., its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

(a) The Subscriber's breach of this Agreement;
(b) The Subscriber's unauthorized use of the Catalog;
(c) Any claim that the Subscriber's use of the Catalog violates applicable law or infringes third-party rights.

11. TERMINATION

11.1 Termination by Licensor. Stage 369 Inc. may immediately terminate this Agreement and revoke the license upon:

(a) The Subscriber's breach of any term of this Agreement;
(b) Payment failure, chargeback, or cancellation of subscription;
(c) Any unauthorized use of the Catalog;
(d) At its convenience upon 30 days' written notice.

11.2 Effect of Termination. Upon termination or expiration of this Agreement:

(a) All rights granted to the Subscriber immediately cease;
(b) The Subscriber must immediately cease all use of the Catalog;
(c) The Subscriber must delete and permanently remove all copies of the Catalog from their systems;
(d) Any provisions intended to survive termination shall survive, including Sections 4, 5, 7, 9, 10, 13, and 14.

12. GOVERNING LAW & DISPUTE RESOLUTION

12.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.

12.2 Dispute Resolution. Any dispute arising out of or related to this Agreement shall be resolved exclusively through binding arbitration in Dallas County, Texas, in accordance with the rules of the American Arbitration Association. The prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.

12.3 Waiver of Class Action. THE SUBSCRIBER AGREES THAT ANY PROCEEDING TO RESOLVE DISPUTES SHALL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

13. CONFIDENTIALITY

The Subscriber acknowledges that the Catalog, pricing, and any related materials constitute confidential and proprietary information of Stage 369 Inc. The Subscriber agrees not to disclose, share, or make publicly available any portion of the Catalog or related materials, except as expressly authorized by Stage 369 Inc. in writing.

14. GENERAL PROVISIONS

14.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, and communications.

14.2 Amendments. Stage 369 Inc. reserves the right to modify these terms at any time. Material changes will be communicated to the Subscriber via email. Continued use of the Catalog after changes take effect constitutes acceptance of the modified terms.

14.3 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

14.4 Waiver. No failure or delay by Stage 369 Inc. in exercising any right shall constitute a waiver of that right.

14.5 Force Majeure. Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control.

14.6 Notices. All notices shall be sent to the email address on file for the Subscriber or to Stage 369 Inc. via the contact information provided on www.stage369.com.

© 2026 Stage 369 Inc. All rights reserved.