TERMS OF USE
Effective date: March 1st, 2023
Please carefully read this agreement. By accessing or using our Services, you agree that you have read and agree to be bound by the terms and conditions of this agreement.
Introduction and Acceptance of the Terms of Use
THESE TERMS OF USE (the “Agreement” or “Terms of Use”) sets forth the terms under which Inadot, Inc (“Inadot”, “we”, or “us”) will provide access to our platform and related software and tools (collectively, the “Software”) and any related services to you (“you” or “your”) through www.inadot.com and any other sites, including mobile websites and applications, owned and operated by us or our Affiliates (collectively, the “Site”).
“Services” as used herein means the Site and Software operated by Inadot, Inc.
We maintain that, by using our Services, you have read and do unreservedly accept this Agreement. This Agreement is important to you and us, as it is used to protect your rights as a valued customer and our rights as a business.
As used in this Agreement, references to our “Affiliates” includes our owners, subsidiaries, affiliated companies, officers, directors, employees, contractors, vendors, suppliers, distributors, partners, advertisers and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site, our Software, and/or their contents.
We expressly reserve the right to change these Terms of Use from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Use from time to time and to familiarize yourself with any modifications. Your continued use of our Services after such modifications will constitute acknowledgement of the modified Terms of Use and agreement to abide and be bound by the modified Terms of Use.
Inadot is an online platform with related tools that allows artists and music producers to create their own website and mobile applications to sell tracks, albums, services, and merchandise to consumers. Users have the ability to integrate Cash App, PayPal and Stripe with their online store to process payments.
Our tools further include a web builder, automated SMS and email marketing tools, sales funnels, analytics, integrations with payment processors and social media platforms, and the option to submit tracks for advertising placements.
All information and content on the Site has been created by Inadot and is intended for informational purposes only. Although Inadot attempts to keep this information as accurate as possible, Inadot makes no guarantees or warranties of any kind, express or implied, with respect to any information contained on this Site.
Further, Inadot has no legal obligation to update the content or information provided on this Site and cannot ensure that all information is current. Inadot may make changes or improvements to this Site at any time without notice or announcement.
Account Set Up; Security and Password
In order to use our Services, you will be required to register and set up an account at:
● For artists: https://inadot.com/artistfill
● For producers: https://inadot.com/beatstoresfill
(collectively, your “Account”). To set up your Account, we need certain information about you, including your name, email address, a username, and a password (collectively, “Account Data”).
You agree to provide true, accurate, current, and complete contact and identification information about yourself as prompted by our Service’s registration form. If you provide inaccurate, not current, or incomplete information, we have the right to suspend or terminate your Account. Accounts registered by “bots” or other automated methods are not permitted.
Please keep your Account Data accurate, current, and secure at all times. You may update your Account Data any time by logging into your account at https://inadot.com/login.
By creating your Account, you consent to the collection and use of your Account Data and certain other information in accordance with our Privacy Policy located at https://inadot.com/legal/privacy.
You are solely responsible for maintaining the confidentiality of your Account Data and for any and all statements made and acts or omissions that occur through the use of your Account Data and Account.
By registering for an Account on our Site, or by clicking to accept these Terms of Use when prompted on the Site, you are deemed to have executed this Agreement electronically; effective on the date of your registration, pursuant to the United States Electronic Signatures in Global and National Commerce Act (the E-Sign Act) (15 U.S.C. § 7001, et seq.). Your Account registration constitutes an acknowledgement that you are able to electronically receive, download, and print this Agreement, and any amendments hereto.
In connection with this Agreement, you may be entitled to receive certain records, such as notices and communications, in writing. In addition, you give us permission to provide any records you may be entitled to electronically instead of in paper form.
Your Account Responsibilities
You are responsible for keeping your Account information confidential. You agree that you are responsible for your own conduct and all conduct under your Account, and all Content that is created, transmitted, stored, or displayed by anyone using your Account Data and for any consequences arising as a result thereof.
You agree to immediately notify Inadot of any unauthorized use of your Account Data, your Account, or any other breach of security. If you believe someone has accessed the Services using your credentials without your authorization, it is your responsibility to change your password or contact Inadot’s customer service department.
Inadot cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Fees and Payment for Services
Creating an Account and visiting our Site is free. However, use of our Software is not.
Inadot offers monthly pricing plans starting at ten dollars ($10.00 USD) per month with different features, such as storage capacity, uploads and website customizations.
By selecting a plan, you agree to pay Inadot the respective fees indicated for that plan in exchange for the features listed in the plan description.
Applicable fees will be charged on the day you sign up for a plan and will cover the use of our Services for the respective plan.
You may change your plan anytime. Any price changes start the day you switch. You are required to pay the full fee for your new plan on the day you switch without any refunds or deductions for unused features of your previous plan. Accounts renew monthly.
Premium domain services for $60.00 are non-refundable. All plan selections are final with no refund eligibility.
All fees are quoted in United States Dollars, and we reserve the right to change the payment terms, fees, and Service features at any time. We will notify you of changes to our fee policy by posting such changes on our Site or by sending you an Account notice. Our fees are non-refundable and if your payment method fails or your Account is past due, we may collect fees owed using other collection mechanisms.
To cancel your plan, please email [email protected].
Payment Methods
To use our Software, you must provide information for at least one valid payment method. Our Services make the following methods of payment available: credit/ debit cards, in some cases bank accounts, PayPal, Stripe, and such other methods of payment as we may accept from time to time in our sole discretion (collectively, “Payment Methods”). You hereby authorize us to store your Payment Method(s) or other financial information and to charge your Payment Method(s) (as applicable).
By providing Payment Method information through the Services, you represent and warrant that:
● you are legally authorized to provide such information to us;
● you are legally authorized to use the Payment Method(s); and
● such action does not violate the terms and conditions applicable to your use of such Payment Method(s) or applicable law.
When you authorize a payment using a Payment Method via the Services, you represent and warrant that there are sufficient funds or credit available to complete such payment using your designated Payment Method. To the extent that any amounts owed under this Agreement cannot be collected from your Payment Method(s), you are solely responsible for paying such amounts by other means.
Our Services may employ the use of third-party services for the purpose of facilitating payments and the completion of purchases. By submitting your payment information, you grant us the right to provide the information to these third parties subject to our Privacy Policy.
User Conduct
You acknowledge and agree that all Content transmitted or stored using our Services is the sole responsibility of the person(s) originating such Content and introducing such Content into our Services.
You agree to use our Services only for purposes that are legal, proper and in accordance with these Terms of Use and all applicable laws and regulations in the relevant legal jurisdictions (including, without limitation, laws and regulations relating to the publishing and sale of audio content, copyright laws, privacy laws, and the storage and transmission of data and technology). You agree to comply with all local laws and rules regarding acceptable use of and conduct on the Internet.
Without limiting the foregoing, you shall be deemed to represent and warrant to Inadot that you have the unfettered legal rights and authority to permit you to publicly publish your Content in connection with your use of our Services, and such publication and the offering of your Content for sale does not infringe the rights of any person or third party.
You further agree to not:
● use our Services for illegal purposes or for promotion of dangerous activities;
● upload, store or transmit any Content that you do not have a right to transmit or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
● upload, store or transmit any illegal Content, in particular Content that violates legal prohibitions, including, but not limited to Content of pornographic, abusive, offensive, racist, xenophobic, derogatory (especially sexually derogatory), discriminatory, discrediting, politically extremist or otherwise objectionable nature. The establishment of links to prohibited Content is also prohibited Content;
● upload, store or transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, or equipment;
● To use our Services to create online stores, websites, and mobile applications on behalf of other persons or entities for a fee;
● To resell, transfer, or sublicense (or attempt to do so) any part of our Services to another person or entity;
● exceed the scope of the Service that you have signed up for, for example, accessing and using features that you do not have a right to use or deleting, adding to or otherwise changing another person’s entries or other Content when you have not been granted the right to do so;
● access (or attempt to access) any part of our Services by any means other than through the interface that is provided by Inadot (unless you have been specifically allowed to do so in a separate agreement), or access (or attempt to access) any part of our Services through any automated means (including use of scripts, web crawlers, or the like) or otherwise engage with our Services in a manner reasonably likely to be harmful to the systems operating our Services or the access or use of our Services by others;
● reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, our Services unless you have been specifically allowed to do so in a separate agreement; or
● reverse engineer, decompile, or disassemble any software provided by Inadot as part of our Services.
We reserve the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any Content made available by our Services, without obligation to any person.
Links to Other Websites
Where appropriate, we may include links to other websites or organizations, such as third-party providers of data tools and software and other informational websites. We have no control over the contents or administration of other websites, and make no warranties, either express or implied, or recommendations concerning the information contained on such websites.
Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Site must not be framed on any other site, nor may you create a link to any part of this Site other than the home page. We reserve the right to withdraw linking permission without notice.
Rights to Use Our Services
Subject to the terms and conditions within these Terms of Use, Inadot grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to utilize our Services.
Content Rights
“Content” includes all digital media like graphics, photos, sounds (including any melody, harmony, rhythm, or beat), music (including any lyrics or words intended to be used with the music), videos, audiovisual combinations, and other materials you may view on, access through, publish, or sell through our Services.
Publishers of Content retain their rights to any Content they upload, store, publish, sell, or transmit on or through our Services. By publishing, uploading, storing, or transmitting Content on or through our Services, you grant Inadot a worldwide, non-exclusive, royalty-free license to store, use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such Content, solely for the purpose of performing the Services.
If you delete your Content, Inadot will use reasonable efforts to remove it from our Services, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Except for the limited license and other rights granted in these Terms of Use, you retain all the rights you had in your Content before you submitted it. Unless you elect to enable others to view or have access to the Content you submit to our Services, no one else should see your Content without your consent.
Intellectual Property Ownership
All rights, title, and interest in and to our Services, including all the content on the Site (text, product names, images, videos, etc.), are and will remain the exclusive property of Inadot and our Affiliates (excluding Content owned by users). Our Services are protected by copyright, trademark, and other laws of the United States.
Nothing in these Terms of Use gives you a right to use the Inadot name or any of our intellectual property rights, trademarks, logos, domain names, and other distinctive brand features, except for the limited license rights specifically granted to you in these Terms of Use.
Any partial or total reproduction of our Services or content, by any means, is subject to prior and express authorization by us.
We cannot give you the right to copy, display, sell or otherwise distribute content or materials that you do not have rights to. All fraudulent use or distribution of content or materials that violates the rights held by a third party constitutes a criminal offense, which is severely punished under applicable law.
Unauthorized Use of Materials
We respect the intellectual property of others, and we ask you to do the same. If you, or any user of our Services, believes its copyright, trademark or other property rights have been infringed by any content on our Services, you, or the user, should send a notification to us immediately. To be effective, the notification must include:
Inadot, Inc
1521 CONCORD PIKE, STE. 3, WILMINGTON, DE, 19803
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, INADOT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
(b) INADOT DOES NOT WARRANT THAT: (i) OUR SERVICES WILL MEET ALL OF YOUR REQUIREMENTS; (ii) OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ERRORS IN OUR SERVICES OR RELATED SOFTWARE WILL BE CORRECTED.
(c) ANY MATERIAL DOWNLOADED, PURCHASED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
(d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM INADOT OR THROUGH OR FROM OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SERVICES INCLUDING:
● THE INABILITY TO USE OUR SERVICES;
● THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR CONTENT PURCHASED OR OBTAINED THROUGH OR FROM OUR SERVICES;
● UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA;
● STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING OUR SERVICES;
● OUR ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM;
● YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION;
● THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF USE; OR
● ANY OTHER MATTER RELATING TO OUR SERVICES.
Indemnification
You assume sole responsibility for all use of our Services and agree to indemnify, defend, and hold Inadot harmless from and against any and all claims, causes of action, suits, proceedings, demands, damages, costs, expenses and liabilities of any kind whatsoever, including (without limitation) legal expenses and reasonable attorneys’ fees, from third parties (“Claims”), arising out of or in any way related to:
● Your use of our Services, including without limitation the use or inability to use the same, or any errors or defects in the same; or
● any breach by you of this Agreement.
PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH INADOT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT”.
Any and all disputes, Claims or controversies arising out of or relating to this Arbitration Agreement, the breach thereof, or any use of our Services, except for Claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration in accordance with the International Chamber of Commerce (“ICC”) governing rules and procedures. In agreeing to arbitrate all Claims, you and Inadot waive all rights to a trial by jury in any action or proceeding involving any Claim. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate or international commerce and shall be governed by and construed and interpreted in accordance with the ICC rules. If for whatever reason the rules and procedures of the ICC cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted after the Effective Date of this Agreement and shall survive termination of your relationship with Inadot.
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 this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and Inadot. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator shall have authority to award legal and equitable relief on an individual basis that any judge in a court of law would have.
The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator’s decision is final and binding on you and Inadot.
Restrictions. The parties agree that any arbitration shall be limited to the dispute between the parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Arbitration. The parties agree that the following dispute are not subject to the above provisions concerning binding arbitration: (a) any dispute seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a party; (b) any dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate any dispute falling within that portion of this provision found to be illegal or unenforceable and such dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the parties agree to submit to the personal jurisdiction of that court.
Relationship of the Parties
Inadot operates its own independent business and provides the Services as an independent contractor. As such, this Agreement and any account registration will not be construed as creating or implying any relationship of employer and employee, agency, partnership, or joint venture between you and us. You do not have authority to enter into written or oral (whether implied or express) contracts on our behalf.
Changes to the Terms of Use and the Services
The Site and the Software we provide are a work in progress and, as such, things may change, be added or be taken away. We reserve the right to update the Site, our Software, and these Terms of Use from time to time, at our discretion and without any notice. It is solely your responsibility to keep up-to-date with the latest Terms of Use by checking back regularly. Your continued use of the Site and our Software following the publishing of updated Terms of Use will be taken to mean that you have read and agree to the changes.
Termination of Use
You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Site or our Services with or without notice and for any reason, including, without limitation, breach of these Terms of Use. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons, your right to use the Services immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such Services or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination, suspension, or any other actions taken by us in connection with such termination or suspension.
Force Majeure
Inadot will not be liable for failing to perform under this Agreement by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an internet outage or interruption of service, a communications outage, failure by a distributor of Inadot to perform, fire, terrorism, natural disaster, pandemic, or war.
Governing Law
By accessing this Website, you agree that the statutes and laws of Nevada without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of Services. You agree and hereby submit to the exclusive personal jurisdiction and venue any court of competent jurisdiction within Nevada with respect to such matters.
Even though our Services may be accessible worldwide, we make no representation that content on our Services is appropriate or available for use in locations outside the United States, and accessing our Services from territories where the content is illegal is prohibited. Those who choose to access our Services from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product or information made in connection with our Services is void where prohibited.
By using our Services and submitting any personal information, you consent to the transfer of personal information to other countries, such as the United States, which may provide a level of data security different from your country of residence.
Entire Agreement
These Terms of Use constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter. These Terms of Use may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with our Services is in conflict or inconsistent with these Terms of Use, these Terms of Use shall take precedence.
Severability
If any provision or provisions of this Agreement shall be held unenforceable for any reason, then such provision shall be modified to reflect the parties’ intentions. All remaining provisions of this Agreement shall remain in full force and effect for the duration of this Agreement.
Notices
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to [email protected], if by email, or at Inadot, 521 CONCORD PIKE, STE. 3, WILMINGTON, DE, 19803 if by conventional mail.
Feedback and Comments
We welcome any comment, question, and communication at [email protected].
We respect the privacy of our users. Please take a moment to review our Privacy Policy.