Setmixer Terms of Service v2, effective 2 June 2025
Welcome to Setmixer! We hope you enjoy our service.
1. Introduction: Our principles
Thank you for using the Setmixer platform and the products, services and features we make available as part of our “App” (setmix.app) (collectively, the “Service(s)”).
These Terms of Service is between “you”/ “your” and Setmixer Ltd incorporated and registered in England and Wales with company number 13736011 whose registered office is at 167-169 Great Portland Street, 5th Floor, London, W1W 5PF England (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 music Artist’s recordings, the “Content”.
Your use of 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, how to listen to your favourite Artists via the Services and what you can do with the Services. Please read these Terms of Service carefully and make sure you understand and accept it. If you do not understand these Terms of Service or do not accept any part of it, you may not use the Service.
Setmixer was set up with three principles:
1. Artist first. Music starts with the artist. So do we. Nothing gets shared, sold, or streamed unless the artist says so;
2. Access to all. Whether an artist has two fans or twenty thousand, we are here for you; and
3. Inclusive innovation. To us, innovation means building systems that include everyone: artists, venues, and promoters. Our revenue sharing model reflects that.
These Terms of Service are written to support these principles. They allow us to run our Service in a way to give the Artist control, support all Artists and to develop a sustainable live economy. To make this Service work for everyone, please follow these Terms of Service when using it.
We hope you agree with these principles. We would love to hear your feedback at any time via email at info@setmixer.com
2. Your Setmixer Account
Who can use this Service?
You can use parts of the Service, such as browsing available Content or listening to previews, without having a Setmixer Account. However, you do need a “Setmixer Account” to use some features.
When you purchase Content, you will be provided with a Setmixer Account which is linked to the email address that you provide with your purchase. You must ensure that the email address that you provide is, and remains, valid.
You may access and use the Service as made available if you on the conditions you comply with these Terms of Service and the law. If you are using the Service on behalf of a company or organisation, you confirm to us that you have the authority to act on behalf of that entity, and that entity accepts these Terms of Service.
Setmixer do not store your passwords, we only allow login through Google, Apple, One-Time Password or emailed code.
Setmixer’s Privacy Policy (www.setmixer.com/privacy ) explains how Setmixer treats your personal data and protects your privacy when you use the Service.
Age Requirements
You may not purchase a setmix or create a Setmixer Account if you are younger than 18 years of age and have legal capacity, By purchasing a setmix or creating a Setmixer Account, you represent that you meet these age and consent requirements.
Parents and Guardians
If you believe your child under 18 years old has created and/or is using a Setmixer Account, or your child is a minor who created an account without your consent, please delete this account immediately and inform us on support@setmixer.com.
Restricted Users
You may not create or maintain a Setmixer Account if you are a member of a terror or hate group. You may not subscribe, purchase, or sell any goods or services from Setmixer if you are: located in a country that is subject to a U.K Government embargo or has been designated by the U.K Government as a terrorist-supporting country; or listed on any U.K Government list of restricted parties, entities, companies, or countries.
Specifications
We actively support the major updated web browsers with at least 10% market share on desktop and mobile in their currently available stable versions. If you are using a different browser or version then that may work, but in that case, we cannot guarantee the correct functioning of our Service.
To be able to stream setmixes we would advise you to use an internet connection that supports at least 10Mbps.
Please note that Setmixer is not liable for your mobile charges on your phone, mobile, computer, laptop or tablet device, Wi-Fi charges or your electricity fees when using the Setmixer Services.
What can you do with the Content on our Service?
You may listen and download Content for your personal, non-commercial use. You may also share Content on a listen only basis, not download, within the Service, where we make that option available.
Prohibited Technical Measures
When using the Service, you are not allowed to:
access, reproduce, download, distribute, transmit, broadcast, display, sell, license, alter, modify, create derivative works, reverse-engineer or otherwise use any part of the Service or any Content except (a) as explicitly permitted by the Service; (b) with prior written permission from Setmixer and, if applicable, the respective rights holders; or (c) as permitted by applicable law;
do anything to interfere with or impair the intended operation of the Service. You are not allowed to circumvent, disable, fraudulently engage, or otherwise interfere with the Service (or attempt to do any of these things), including security-related features or features that prevent or restrict the copying or other use of Content, or limit the use of the Service or Content;
scrape, reproduce, redistribute, use A.I, create derivative works from, decompile, reverse engineer, alter, archive, or disassemble any part of the Service; or attempt to circumvent any of our security, rate-limiting, filtering, or digital rights management measures;
submit any malicious program, script, code, virus, trojan horse, worm, spyware, A.I or any software that may interfere or corrupt the Service;
provide inaccurate information, impersonate others, provide someone else’s information without permission, or do anything that violates someone else’s rights;
submit an unreasonable number of requests to the Setmixer servers or take any other actions to manipulate, interfere with, or damage the Service or Setmixer’s servers;
collect or harvest information from the Service either manually or by using any automated means (such as robots, botnets, or scrapers) except with our prior written permission;
use the Service to distribute unsolicited promotional or commercial content, or other unwanted, or mass solicitations (spam), or to sell advertising, sponsorships, or promotions placed on, around, or within the Service or Content; or
use the Service to view or listen to Content other than for personal, non-commercial use (for example, you may not publicly stream music from the Service or sell the Content on any website or platform).
Code of Conduct
In addition, by using the Service, you warrant that you will not:
Use an offensive screen name (e.g., explicit language) or avatar (e.g., containing nudity);
Act in a deceptive manner or impersonate any person or organization;
Harass, bully, or stalk any person;
Harm or exploit and users of the Service;
Distribute “spam” in any form or use misleading metadata;
Collect personal information about other users of the Service;
Access another users Setmixer Account;
Use or export any of our Services in violation of any U.S. or other jurisdiction export control laws;
Engage in any unlawful activity; or
Cause or encourage others to do any of the above.
Setmixer will, in its sole discretion, terminate the Setmixer Accounts of any persons or entities who infringe this Code of Conduct or the Prohibited Technical Measures and/or these Terms of Service. In addition, Setmixer and/or its Affiliates and/or any rights holders of the Content may seek legal action against you.
Deleting your Setmixer Account
You may stop using the Service at any time. You can also request us to delete your Setmixer Account, which involves removing all your Content and metadata (defined in Clause 3), Please send us a request on support@setmixer.com if you wish to delete your Setmixer Account.
If your use of the Service ends, the following terms of these Terms of Service will continue to apply to you: “Clause 2; Prohibited Technical Measures”, “Code of Conduct, Content and Metadata Copyright and Licence” and “Clause 6; Our Agreement”.
Deleting your Setmixer Account by Setmixer
Setmixer reserves the right to suspend or terminate your Setmixer Account or your access to all or part of the Service, if:
you materially or repeatedly breach these Terms of Service;
we are required to do so to comply with a legal requirement or a court order; or
we reasonably believe (in our sole discretion) that there has been conduct that creates liability or harm to any user, other third party, or Setmixer.
We will notify you (via your email address) with the reason for termination or suspension by Setmixer, unless we reasonably believe that to do so:
would violate the law or the direction of a legal enforcement authority;
would compromise an investigation;
would compromise the integrity, operation, or security of the Service; or
would cause harm to any user, other third party, or Setmixer.
If your Setmixer Account is terminated or your access to the Service is restricted, you may continue using certain aspects of the Service (such as browsing only) without a Setmixer Account, and these Terms of Service will continue to apply to such use.
If you believe that the termination or suspension has been made in error, you can contact us via email at support@setmixer.com.
3. Illegal Content
If you encounter any Content that violates these Terms of Service or the law, please notify us at support@setmixer.com with the name of the Content and when and where you saw it. Setmixer does not tolerate illegal use of music.
4. Our Service
We may make modifications or changes to all or part of the Service such as adding or removing features and functionalities. We may also need to alter or discontinue the Service, or any part of it. These changes may affect all users, some users or even an individual user.
If we make material changes that negatively impact your use of the Service, or if we stop offering any part of the Service, we will provide you with reasonable advance notice (via the email address you provided or newsletter), except in urgent situations such as preventing abuse, responding to legal requirements, or addressing security and operability issues.
UK Consumer Rights
Under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 you acknowledge and accept that by using the Service you will waiver your fourteen (14) day right to cancel the Service and your payment will be taken for your purchase or subscription.
EU Law
If you are a citizen of the EU then the EU Directives Directive (EU) 2019/770 and Directive (EU) 2019/771 apply to you and these Terms of Service. The Directives state, that if digital content and digital services are faulty, then you have the right to following remedies:
asking the supplier to fix the problem; or
if the problem persists, get a price reduction, or terminate the agreement and get a refund.
This right is only for 2 years from the date that you purchased the Service and it subject to Setmixer proving that the digital content or digital service was not defective and/or you did not have the correct specifications as listed in these Terms of Service.
5. Purchasing Music on our Service
Without signing in to Setmixer, you can listen to any published setmix on the Service for up to 30 seconds.
However, to stream or download or listen to any full setmix you have purchased, you need to sign in to the Service with the email address used at the time of purchase and accept these Terms of Service.
The applicable fees for each Setmix are in GBP and subject to VAT (at the current rate) and are clearly mentioned at the time of purchase in our App (as updated from time to time).
You acknowledge and accept that Setmixer uses a third-party payment provider called “Stripe”. www. stripe.com/gb. Stripe are solely liable for the handling of any purchase and your payments.
Setmixer accepts the payment providers via Stripe (www. docs.stripe.com/payments/cards) but does not accept payment via Bitcoin (or similar currency).
If you have any issues, please contact us on support@setmixer.com.
6. Our agreement
There are some customary legal terms that we need to add to make these Terms of Service legally binding. Here they are:
Warranty
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK.
SETMIXER PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SETMIXER AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO; IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We will use reasonable skill and care in providing our Service to you and in keeping a safe, secure, and error-free environment, but we do not guarantee that our Service will always function without disruptions, delays, or imperfections.
Reservation of Rights
Any right not expressly granted to you in these Terms of Service remains the right of Setmixer or the respective rights holders. This means, for example, that using the Service does not give you ownership of any intellectual property rights in the third-party Content you access (including any branding used on or displayed in the Service).
You may not resell streams or downloads, use the Service or its content for any commercial purpose, redistribute or retransmit any Content, and/or metadata, publicly perform or display the Service, or make derivative works from the Service or the Content and/or metadata. Any action listed above may cause Setmixer, and/or its Affiliates to seek legal action against you.
Save as required by English law, without limiting the above, Setmixer makes no representations or warranties concerning:
The availability of the Service in any particular jurisdiction;
The availability of the Service on any particular laptop, computer, mobile, tablet device, operating system, or web browser;
The continued support for a particular feature on the Service;
The listening, recording, streaming, or downloading quality of any Content and/or metadata. Setmixer does not guarantee that you will be able to use the Service at all times or listen to any Content uninterrupted or error-free. The quality of your listening experience depends on a number of factors, including your device and the quality of your internet connection (as listed above);
The content of any Service or the suitability of any Content, and/or metadata for any audience. All opinions and statements expressed by Setmixer, or in the Service (or related materials) or those of the Affiliates and/or persons involved in the production of the Service or Content and/or metadata; or
The continued availability or reliability of any Service or the availability or reliability of particular Content, -and/or metadata within the Service. Content and/or metadata may be withdrawn at any time without notice by Setmixer, at Setmixer’s sole discretion and/or as determined by law.
Affiliates may provide links to other websites or third-party websites. Setmixer is not liable for the content of, or any interactions or transactions that may take place on or through, any such websites.
Force Majeure Event
Neither Setmixer nor any Affiliates shall be liable to you for any failure or delay in performance of its obligations under these Terms of Service or the Services arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, a “Force Majeure Event” including, without limitation; acts of God; natural disasters; wars; civil or military disturbances; sabotage; strikes; insurrection or terrorism, epidemics; pandemics, riots; power failures; computer, mobile or tablet device failure; loss or malfunction of utility, transportation, computer, mobile or tablet device (hardware or software); telephone communication service; accidents; labour disputes, acts of civil or military authority; governmental, civil or military actions; or inability to obtain labour, material, equipment or transportation.
Disclaimer
By law, consumers have certain rights that cannot be excluded or altered by a contract. Nothing in these Terms of Service affects those rights you may have as a consumer. Other than as expressly stated in these Terms of Service or as required by law, Setmixer does not make any specific promises about the Service. For example, we do not make any promises about: the Content provided through the Service; the specific features of the Service, or its accuracy, reliability, availability, or ability to meet your needs; or that any Content will be accessible or stored on the Service.
Limitation of Liability
To the maximum extent permitted by law, Setmixer, its parent company, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including Affiliates) whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms of Service shall not be liable to you or your third parties for:
any direct, indirect, incidental, special, consequential, or exemplary damages or losses, including but not limited to; damages for loss of profits, loss of or damage to goodwill or reputation, loss of revenue, loss of sales or business, loss of agreements or punitive damages or contracts or business opportunity, loss of anticipated savings, loss of use or corruption of software, loss of hardware, data or information, or other intangible losses; or
any damages relating to any dispute between you and Affiliates or other user of the Service; or
losses that were not caused by our breach of these Terms of Service; or
the Content submitted by any user on the Service, or for the defamatory, offensive, inappropriate, obscene, unlawful, illegal conduct or otherwise objectionable content of any user on the Service; or
and events beyond our reasonable control such as a Force Majeure Event; or
in all cases whether such losses were foreseeable or not.
Our total liability for any claims against Setmixer by you arising from or relating to the Service is limited to the greater of: (a) the amount of revenue that Setmixer has paid to you from your use of the Service in the 12 months before the date of your claim notice, in writing to Setmixer, or (b) £500,000, whichever is higher.
Nothing in these Terms of Service is intended to exclude or limit any party’s liability for: death or personal injury; fraud; fraudulent misrepresentation; or any liability that cannot be excluded or limited by English law.
Indemnification
You shall indemnify, defend, and hold harmless Setmixer and its parent company, directors, officers, employees, representatives, consultants, agents, suppliers, and partners (including Affiliates) from any liability, claim, demand, damages, losses, and costs (including legal fees) arising from:
1. your unauthorized use of the Service and/or the Content and/or the metadata;
2. your breach of these Terms of Service or violation of any law or third-party right; and
3. any Content and/ or metadata that you upload or submit to Setmixer and Setmixer’s Affiliates.
Changing or assigning these Terms of Service
We may change these Terms of Service, for example, to reflect changes to our Service or how we do business, when we add new products or features or remove old ones, for legal, regulatory, or security reasons or to prevent abuse or harm.
If we materially change these Terms of Service, we will provide you with reasonable advance notice by email and the opportunity to review the changes, except when we launch a new product or feature, or in urgent situations, such as preventing ongoing abuse or responding to legal requirements. If you do not agree to the new terms, you should delete your Setmixer Account.
You cannot transfer your rights or obligations under these Terms of Service without our written consent. Setmixer may transfer, licence, sub-licence, assign or mortgage all or part of the rights or obligations under these Terms of Service to Affiliates of Setmixer or, if Setmixer is sold to a third party.
Severance
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.
Waiver
If you do not comply with these Terms of Service and we do not act immediately, this does not mean that we are giving up any rights that we may have (such as the right to take action against you in the future).
No Third Parties
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.
No Partnership or Agency
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 parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
Entire Agreement
These Terms of Service and the Privacy Policy and the Terms of Use sets forth the entire understanding between you and Setmixer concerning your use of the 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.
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:
1. To mediate all claims relating to the Setmixer, in the first instance;
2. To waive your right to a trial by jury; and
3. To waive any right to proceed on a class basis or otherwise.
Mediation Procedure
You shall follow the procedure as set out below:
1. 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
2. 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 intended that the mediation will start no later than thirty (30) days after the date of the ADR notice.
If the Dispute is not resolved by the ADR meeting, or either party fails to participate, or continues 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 Governing Law Clause below.
Class-Action Waiver
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, SUBJECT TO MEDIATION.
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 and Wales shall have exclusive jurisdiction.