Setmixer venue terms v2, effective 25 June 2025
Welcome to Setmixer! We hope you enjoy our Service.
Introduction: our principles
Thank you for using the Setmixer platform and the products, services and features we make available as part of our website and App (www.setmixer.com, www.setmix.app and other linked domains) (collectively, the “Service(s)”).
Setmixer was set up with three principles:
Artist-First: Music starts with the Artist. The Artist retains control, and we believe the remuneration is fair. We will never do anything with our recordings unless the Artist or their representative tells us to. And we share 70% of the profit proceeds from distribution of the Recording back with the Artist—more than any record label would;
Democratising. We are there for every Artist, no matter where they are in their career and how many fans they have. If they have only two fans, that is great for us: then we will make two people very happy; and
Supporting innovation. We support up-and-coming bands and the independent sector. We pledge to return ten percent (10%) of our margins to the venues where the recordings were made or the promoter who organised the shows. For too long, the grassroots sector has taken all the risk at the start of music careers without partaking in the success. We want to build a business that changes this and helps the people at the start.
These Terms of Service support these principles. They allow us to run our Service in a way that gives the Artist control, supports all Artists, and develops a sustainable live economy. Please follow these Terms of Service to make this Service work for everyone.
We hope you agree with these principles. We would love to hear your feedback on these principles anytime via email at legal@setmixer.com.
Details of the Parties
These Terms of Service are between “you”/ “your” (the person, company or entity hosting the “Equipment” at the “Recording Location” (as defined below) and registered under the Setmixer Account) and Setmixer Ltd incorporated and registered in England and Wales with company number 13736011 whose registered office is at 11 Holyoake Avenue, Woking, England, GU21 4PW (for the purposes hereof, “Setmixer” , “we”, “us”, or “our”) and its “Affiliates” meaning all third-party companies, associated with the storage, listening and distribution of the Recordings (as defined below), collectively the “Content”.
Your use of the Equipment and the Services is subject to these “Terms of Service”. Below we describe the terms that apply to Content on our Service, to your Setmixer Account, and what you can do with the Equipment and Service. Please read these Terms of Service carefully and make sure you understand and accept them. If you do not understand these Terms of Service or do not accept any part of it, you may not use the Equipment and the Service.
Definitions
The following definitions and rules of interpretation apply in these Terms of Service
“Artist”- any artist, musician or performer that is recorded at the Recording Location.
“Equipment”- Setmixer shall hire and deliver the Setmixer recorder and related accessories, manuals, and instructions (the “Equipment”) for free to you for the Rental Period.
The “Recording Location”- The Recording Location means any location that the Equipment is used in, including but not limited to, bar, pub, restaurant, theatre, live venue, indoor or outdoor festival or conference.
The “Recordings”-Setmixer shall record, and store all shows by the Artist(s) at the Recording Location according to the schedule set by you, unless told otherwise by the Artist, their manager or their record label. Setmixer will not exploit the Recordings without specific consent from the Artist, their manager and/or their record label. Where permitted, Setmixer will provide you access to preview (but not download) the recordings made on the Equipment (the “Recordings”) during the Rental Period.
The “Rental Period” as defined in Clause 8 below.
“Setmixer Account”- An account set up via our website and App (www.setmixer.com, www.setmix.app) that will need to be registered and activated in order for you to use the Equipment and receive any payments.
1. Ownership of the Equipment
The Equipment shall always remain the property of Setmixer, and you shall have no right, title, or interest in or to the Equipment (save the right to possession and use during the Rental Period, subject to these Terms) or the Recordings.
2. Ownership of the Recordings and monetisation
The Artist will retain the publishing rights to the Recordings. Setmixer will own the master recordings of the Recordings and monetise the copyright in the Recordings to the Artist or their record label. You shall have no right, title, or interest in or to the Recordings, including but not limited to; the copyright or the moral rights.
Upon Artist’s consent, Setmixer may permit you to have a “Preview” of the Recordings for private listening purposes only. You may not download, store, publicly broadcast, use, stream, distribute or exploit the Preview.
3. Payments
Setmixer shall pay you ten percent (10%) of Setmixer's net receipts of any sale or streaming income of the Recordings (excluding any applicable taxes, royalties, or licences) during the Rental Period (subject to any payment terms and schedule of the music distributor or Artist), upon receipt of monies by Setmixer, in the bank account as set by your finance representative via the Setmixer Service, via the Finance tab, payable within 2 business days.
Your finance representative is solely liable for entering the correct bank details and receiving your payments. You accept and agree that there is no guarantee of any income from Setmixer, and it is entirely up to the Artist whether they exploit the Recordings or not.
3. Delivery and installation
Installation and connection of the Equipment shall constitute conclusive evidence that delivery has taken place and that you have examined the Equipment and found it in good condition, complete and fit in every way for its intended purpose (save any latent defects not reasonably apparent on inspection).
Upon delivery, during the Rental Period and until return, you assume all risk of loss, theft, or damage or destruction of the Equipment. You must maintain comprehensive insurance to cover the Equipment at your expense as legally required.
You shall never part with, sell, or offer for sale, underlet, loan, or lend the Equipment or allow the creation of any mortgage, charge, lien, or other security interest in respect of it, suffer or permit the Equipment to be confiscated, seized, or taken out of your possession or control under any distress, execution, or other legal processes.
Still, if the Equipment is confiscated, seized, or taken, you shall notify Setmixer immediately. At your sole expense, you shall use your best endeavours to procure an immediate release of the Equipment and indemnify Setmixer on demand, against all losses, costs, charges, damages, and expenses (including legal fees) incurred as a result of such confiscation.
You shall give immediate written notice to Setmixer in the event of any loss, accident or damage to the Equipment arising out of or in connection with your possession or use of the Equipment.
4. Operation
During the Rental Period, Setmixer shall provide web access to detect connectivity and mixing desk connection issues and will notify you or your dedicated employees/ consultants via email or SMS message (using the details on your Setmixer Account) of operational or communication outages not resolved within 24 hours.
Setmixer warrants that the Equipment shall substantially conform to its specification, be of satisfactory quality and fit for any purpose held out by Setmixer. Setmixer shall use all reasonable endeavours to remedy, free of charge, any material defect in the Equipment that did not materialise because of misuse, damage, neglect, or alteration.
You warrant to ensure that the Equipment is kept in good unaltered condition and a suitable environment, used only for the purposes for which it is designed, and appropriately operated by trained, competent employees/ consultants in accordance with any instructions provided by Setmixer.
You shall keep Setmixer informed of all material matters relating to the Equipment and mixing equipment and permit Setmixer to inspect such at any reasonable time.
5. Communication
Other than communicating the availability of the Recording to individual Artists, you shall not make any guarantees on the quality of any Recordings, nor charge for the Recordings or any services to facilitate the Recordings.
You acknowledge that communication with the Artist is vital, and that if the Artist cannot be contacted and consent given, the Recordings cannot be used and monetised.
Therefore, for each Artist that is recorded at the Recording Location, you shall:
Notify each Artist(s) who will be recorded at the Recording Location; their manager, record label, or promoter (as applicable), in writing via email or text, within the “Tech Specs” and direct contract with the Artist, their manager or promoter, before the start of their performance, and have a clear poster display in the Artist’s “green room” that Setmixer is recording their live performance, including a link to the Setmixer’s website (see your warranties under clause 6).
In addition, you shall
a) Provide Setmixer with the Artist’s Instagram handle or other social media account details (as applicable), either by listing this clearly on the public event schedule on your website, or by entering this in the Setmixer Application; or
b) Provide Setmixer with the Artist’s (or Artist’s manager (as applicable) email address, subject to you having consent to share personal data under the Data Protection Act 2018; or
c) procure that the Artist’s promoter obtains and provides these details to Setmixer.
Upon receipt of the Artist’s Instagram account or email address, either directly from the artist, shared by you or found publicly on the internet, Setmixer will:
a) directly communicate about the Recordings with the Artist, giving them access to a free “Preview” of the Recordings, and shall offer the Recordings for the Artist’s commercial use; and
b) where the Recordings are used, ask the Artist to credit you, and the Recording Location in their promotion, but this is at the Artist’s sole discretion, and Setmixer is not under no any obligation or liability to pursue the Artist, if they fail to do so.
You will allow Setmixer to market the availability of Recordings in the Recording Location and provide full assistance to marketing campaigns by Setmixer, including permission to use your branding and logos and the branding and logos of the Recording Location, free of charge during the Rental Period.
Both Parties will comply with all applicable requirements of the Data Protection Act 2018 and where applicable the General Data Protection Regulation ((EU) 2016/679), and any other relevant regulation relating to data protection and privacy applicable under English law. Any breach by you of personal data is a material breach of these Terms of Service. All data will be collected and stored under Setmixer’s privacy policy at: www.setmixer.com/privacy.
Where someone purchases a Recording that was recorded at your Recording Location, then when they grant consent, via the Setmixer Privacy Policy, we shall allow you give you the opportunity to download a text file with to access the email address of that purchaser. You are legally obligated to have a privacy policy when collecting personal data and allowing the purchaser to unsubscribe from any marketing you send them.
6. Warranties
You warrant and shall procure that your employees or contractors shall warrant, that at all times during the Rental Period to:
keep the Equipment permanently connected to the mixing desk at the Recording Location ; and
instruct your employees or contractors to always ensure the correct configuration of the mixing desk, according to Setmixer's written instructions; and
provide a dedicated permanent power connection (16W 240V 50Hz) and a permanent internet connection (minimum 10Mbps upload, 1Mbps download Wi-Fi or Ethernet connection) to the Equipment; and
to comply with all applicable requirements of the Data Protection Act 2018 and where applicable the General Data Protection Regulation ((EU) 2016/679), and any other relevant regulation relating to data protection and privacy applicable under English law, when receiving the email addresses of purchasers of Recordings recorded at your Recording Location.
notify the Artist(s) who are recorded at the Recording Location; their manager, record label, or promoter (as applicable), in writing via email or text, within the “Tech Specs” and direct contract with the Artist or promoter, before the start of their performance, and have a clear poster display in the Artist’s “green room” that Setmixer is recording their live performance, including a link to the Setmixer’s website; and
ensure that all audiences at the Recording Location are notified that they will be recorded by putting up clear and readable notices that Recordings will take place by Setmixer, with a link to Setmixer’s website.
Plus, that you have full authority to enter into this Agreement with Setmixer.
In addition, you warrant and shall procure that your employees or contractors shall warrant that all confidential information obtained during the Rental Period including but not limited to, these Terms of Service, any royalty rates, payments, Equipment specifications and copyright and shall stay confidential and shall not be disclosed either physically or digitally, including but not limited to, via social media, blogs, podcasts, or journals.
7. Limitation of liability
You acknowledge that Setmixer shall not be responsible for any loss of or damage to the Equipment or the Recordings arising out of or in connection with any negligence, misuse, mishandling of the Equipment, or otherwise caused by you, your directors , employees, agents, contractors, subcontractors or anybody at the Recording Location including, but not limited to; your customer’s and any Artist’s.
You shall indemnify Setmixer in full against all liabilities, costs, expenses, damages, and losses including, but not limited to, any; direct, indirect, or consequential losses, loss of profit, loss of sales or business, loss of agreements or contracts, loss of anticipated savings, loss of use or corruption of software, data, or information, loss of reputation, loss of or damage to goodwill and all interest, penalties, and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred by Setmixer arising out of, or in connection with any failure by you to comply with these Terms of Service, including, but not limited to, your obligations and warranties.
Setmixer shall not be liable to you, your directors, employees, agents, contractors, subcontractors or anybody at the Recording Location including, but not limited to; your customers and the Artist’s under these Terms of Service for any loss of profits; loss of sales or business; loss of agreements or contracts; loss of anticipated savings; loss of use or corruption of software, data, or information, loss of reputation, loss of or damage to goodwill, or indirect or consequential loss, and all interest, penalties, and legal costs. Setmixer’s total liability to you, your directors, employees, agents, contractors, subcontractors, or anybody at the Recording Location including, but not limited to; your customer’s and the Artist’s shall not exceed £500,000 in any one claim.
Nothing in these Terms of Service limits any liability which cannot legally be limited within the jurisdiction such as proven fraud and negligence.
8. Rental Period and Termination
The agreement to these Terms of Service starts upon your acceptance to them the earlier of either; when you sign into your Setmixer Account, or you activate the Setmixer Equipment, and shall continue unless terminated with thirty (30) days' written notice by either Party (the “Rental Period”).
Without affecting any other right or remedy available, either Party may immediately terminate this agreement to these Terms of Service by giving written notice via email to the other Party upon; a breach of any of these Terms of Service, insolvency, administration or if either Party suspends or ceases, or threatens to suspend or cease carrying on all or a substantial part of its business; or if, in Setmixer’s reasonable opinion, the Equipment is damaged beyond repair, lost, stolen, seized, or confiscated.
9. Effect of Termination of the Rental Period
On termination of the agreement of these Terms of Service, however caused:
Setmixer’s consent to your possession of the Equipment shall immediately terminate;
You shall deliver the Equipment at your sole cost, at such address as Setmixer requires. Alternatively, Setmixer may, by its authorised representatives, without notice, retake possession of the Equipment and for this purpose, may enter the Recording Location or any premises at which the Equipment is located; and
Setmixer shall immediately cease to make any payments due to you under these Terms of Service.
Termination shall not affect any rights, remedies, obligations, or liabilities of the Parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of these Terms of Service which existed at or before the date of termination or expiry.
10. General
If any provision or part-provision of these Terms of Service is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted or amended by Setmixer, but that shall not affect the validity and enforceability of the rest of these Terms of Service.
If you do not comply with these Terms of Service and Setmixer does not act immediately, this does not mean that Setmixer are giving up any rights that Setmixer may have (such as the right to take action against you in the future).
No third parties under the Contracts (Rights of Third Parties) Act 1999 shall have any rights under these Terms of Service, except that an Affiliate may enforce the Clauses herein against you, and indemnified Parties may enforce indemnification rights.
Nothing in these Terms of Service is intended to, or shall be deemed to, establish any partnership or joint venture or contract of employment between any of the Party’s.
These Terms of Service and the Privacy Policy and Terms of Use set forth the entire understanding between you and Setmixer concerning your use of the Equipment and Services and supersedes all prior agreements regarding the same. These Terms of Service may only be modified by Setmixer. Any changes will be posted by Setmixer and will apply immediately.
You may not assign, transfer, or licence any or all of your rights and obligations under these Terms of Service, without Setmixer’s written consent. Setmixer, its licensees, affiliates, and content producers may assign, transfer, charge, sub-contract, licence, sub-licence declare a trust over or deal in any other manner with any or all of its rights and obligations under these Terms of Service, without your written consent.
11. Mediation; Jury Waiver; Class Action Waiver
If a dispute arises out of or in connection with these Terms of Service or the performance, validity, or enforceability of it (a “Dispute”) then, you agree to use mediation before commencing any court claim, you agree:
To mediate all claims relating to the Setmixer, in the first instance;
To waive your right to a trial by jury; and
To waive any right to proceed on a class basis or otherwise.
You shall follow the procedure set out below:
You shall give to Setmixer the written notice of the Dispute, setting out its nature and full particulars (“Dispute Notice”), together with relevant supporting documents. On service of the Dispute Notice, the manager of Setmixer shall attempt in good faith to resolve the Dispute with you; and
if the manager of Setmixer for any reason is unable to resolve the Dispute within thirty (30) days of it being referred to them, the Parties will attempt to settle it by mediation in accordance with the CEDR Model Mediation Procedure. Unless otherwise agreed between the Parties, the mediator shall be nominated by CEDR. To initiate the mediation, a Party must serve notice in writing (ADR notice) to the other Party to the Dispute, requesting a mediation. A copy of the ADR notice should be sent to CEDR. It is the intention that the mediation will start no later than thirty (30) days after the date of the ADR notice; then
if the Dispute is not resolved by the ADR meeting, or either Party fails to participate, or continue to participate in the mediation, before the expiration of the said period, or the mediation terminates early, the Dispute shall be finally resolved by the courts of England and Wales in accordance with Clause 12 below.
EACH PARTY WAIVES ITS RIGHT TO GO TO COURT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION, OR OTHER REPRESENTATIVE PROCEEDING WITH RESPECT TO ANY CLAIM..
12. Governing Law
These Terms of Service and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales and the courts of England shall have exclusive jurisdiction.