1. AGREEMENT TO OUR TERMS

By accessing or using MyPie, Inc. ("Company," "we," "us," "our") services (the "Services"), you agree to be bound by these Terms of Service for Fans ("Terms"). If you disagree with any part of these Terms, please do not use the Services.

We may update these Terms at any time. When we do, we may notify you through the platform (e.g., banner, login prompt, or dashboard notice). Continued use of the Services after such notice constitutes acceptance of the updated Terms. We are not required to send email notifications unless legally required.

2. ELIGIBILITY & ACCOUNT REGISTRATION

2.1 Eligibility

Use of the Services is limited to individuals who are at least 18 years old or of legal age in your jurisdiction. If you move to a jurisdiction where the age of majority is higher, you must cease using the Services until you meet local requirements.

2.2 Account Registration

To use the Services, you must:

• Provide a valid email address.
• Create a secure password.

You agree to keep your credentials confidential and notify us immediately of any unauthorized access.

2.3 One Account per Fan

Each fan may maintain only one active account. Sharing or creating multiple accounts is prohibited to prevent fraud, ensure accurate contribution tracking, and maintain Pie integrity.

3. DESCRIPTION OF SERVICES

3.1 Pie Creation

Fans may create a "Pie": a customizable allocation of monthly contributions to support artists, bands, and labels based on streaming data.

3.2 Filters & Preferences

Apply settings such as top-artist weighting, minimum popularity thresholds, or artist exclusions.

3.3 Public Data Usage

MyPie may make aggregated listening data publicly available on artist profiles (e.g., total listens, chart rankings) and in broader features like Earth charts. All data is displayed only in aggregate form and does not identify individual listeners.

3.4 Contribution Management

Contributions are voluntary and made directly to the selected artists. MyPie facilitates delivery of those contributions per your Pie configuration and acts solely as an agent of the artist. MyPie is not the supplier of any goods or services.

3.5 No Goods or Services

Contributions do not entitle you to any goods, services, or consideration; they serve solely to support artists.

3.6 Subscription Cancellation

You may cancel a recurring Pie at any time from your dashboard. Cancellations take effect at the end of the current billing period, and no further charges will occur thereafter.

3.7 Limitation on Withdrawals

Fan wallet balances cannot be withdrawn directly to payment methods; unused funds are automatically applied to future Pies or managed per Section 7.

3.8 Artist Identity & Authentication Disclaimer

MyPie makes reasonable efforts to verify that artists who claim funds are the rightful owners or authorized representatives of the associated Spotify artist profile. However, all account matching and verification rely on third-party systems and public data sources that are outside of MyPie's direct control and may contain inaccuracies.

Verification is based on two primary methods:

• Metadata Matching: We use publicly available artist data from external services to associate fan streaming activity with artist accounts. These sources may be incomplete, outdated, or incorrect.
• Manual Claim via Spotify Bio: Artists may verify their account by inserting a unique verification code into their Spotify artist bio. This process relies entirely on Spotify's internal access controls.

MyPie only validates the technical completion of these steps. We do not independently verify the legal identity of the person managing the profile or confirm their contractual authority. By using MyPie, fans acknowledge that distributions are made based on best-effort verification and third-party data. MyPie is not liable for misdirected contributions unless the error results from gross negligence or intentional misconduct.

You agree that any disputes related to the identity or authorization of a claimed artist must be resolved directly with that artist. MyPie has no obligation to intervene in such disputes and assumes no liability for contributions sent to misidentified or disputed profiles.

3.9 Artist Claim Limitation

You acknowledge and agree that MyPie cannot guarantee that every artist you listen to will create or claim a MyPie account. While we make best-effort attempts to partner with artists, labels, and distributors to onboard artists in bulk, unclaimed artist funds are handled as outlined in Section 4.9. You accept that MyPie is a fan-driven system and distributions are dependent on artists' participation.

4. PAYMENTS & CONTRIBUTIONS

4.1 Monthly Billing

By creating a Pie, you authorize MyPie to charge your chosen payment method a fixed monthly amount.

4.2 Allocation

After collecting one full month of streaming data, we calculate each artist's share and distribute funds:

• Claimed Artists: Paid to the artist's MyPie wallet or connected Stripe account.
• Unclaimed Artists: Held in the artist's MyPie wallet for up to 12 months (see 4.6).

4.3 MyPie as Agent

By using the Services, you agree that MyPie is not the legal recipient or supplier of your contributions. Artists are the sole beneficiaries and sellers of record. MyPie acts only as an intermediary and deducts a service fee for facilitating the transaction.

4.4 No Eligible Artists

If no eligible artists remain at distribution:

• Any recurring Pie is automatically stopped.
• The full amount after fees returns to your fan wallet for future use.

4.5 Platform & Processing Fees

• Platform Fee: MyPie deducts 5% of each Pie, capped at $10 per Pie.
• Stripe Fees: Stripe deducts its own transaction fees before remitting funds.
• Taxes & VAT: MyPie collects and remits VAT solely on its 5% platform fee where legally required. All other amounts are delivered directly to artists.

4.6 Data Collection Failures

If MyPie cannot retrieve streaming data for one or more artists in a cycle:

• Hold Pending: Funds earmarked for affected artists are held while we restore the data connection.
• Refund on Timeout: If unresolved within a reasonable timeframe, the pending amount is returned to your fan wallet for the next Pie.

4.7 Unclaimed Artist Funds

Allocated funds not claimed by an artist within 12 months return automatically to your fan wallet and are applied to your next Pie.

4.8 Fan Wallet Withdrawal

Fan wallet balances cannot be withdrawn directly to payment methods; unused funds are automatically applied to future Pies or managed per Section 7.

4.9 Orphaned Artist Funds & Redistribution

If a fan's Pie includes artists who have not claimed their MyPie account at the time of distribution, each artist's slice is held in a virtual wallet created by MyPie on their behalf. These funds are reserved for up to 12 months, allowing the artist to claim their profile and connect a payout method. If the artist does not claim their account within this period, their share is returned to the fan's wallet and added to their next active Pie.

If, at the time of return, the fan's account is inactive, the funds remain in their wallet for an additional 6 months. If no reactivation occurs within that timeframe, the funds are permanently transferred to the MyPie Public Pie.

The MyPie Public Pie is a system-generated playlist featuring only verified artists on MyPie. It redistributes orphaned contributions based on listen-time within the Public Pie, ensuring fan money ultimately supports active, claimed artists. If a fan creates a Pie, is charged, and does not stream any music during that billing period, and then deletes their account before distribution, the full contribution—after fees—is transferred directly to the MyPie Public Pie. No refund is issued, as there is no listening data to guide artist allocation or retention.

5. REFUNDS, RETURNS & CHARGEBACKS

5.1 No Refunds

MyPie does not offer refunds once contributions are processed, except as outlined in Section 5.3.

5.2 Returned Contributions

Contributions may be returned to you if:

• An artist account is deactivated without claim.
• Your payment method fails permanently.

Returned funds are processed back to your original payment method within 10 business days, and we will notify you via email.

5.3 Chargebacks

If a chargeback occurs through Stripe or your card network, MyPie may deduct the disputed amount and associated fees from future contributions or require resolution within 30 days.

5.4 Indemnification by Fans

You agree to indemnify and hold MyPie and its affiliates harmless from any claims or liabilities arising from your use of the Services, including fraudulent or unauthorized activity.

6. PAYMENT SECURITY & COMPLIANCE

6.1 Stripe Compliance

All payment processing is handled by Stripe (PCI-DSS compliant). MyPie does not store or transmit card data.

7. ACCOUNT DATA, SUSPENSION & TERMINATION

7.1 Data Portability

You may request an export of your account data by contacting team@mypie.app.

7.2 Account Deletion

Upon deletion of a fan account, all future billing is immediately canceled. Any remaining fan wallet balance is subject to the timelines outlined in Section 4.9. If the fan's most recent Pie was charged but no streaming activity was recorded, and the account is deleted before funds are distributed, the full Pie contribution—after fees—is automatically transferred to the MyPie Public Pie for distribution among verified artists. No refund is issued in this case.

7.3 Abandoned Accounts

An account is considered abandoned after 12 months of inactivity (no login or active Pie). For abandoned accounts:

• Funds remain in the fan's virtual wallet for 12 months post-abandonment.
• Dormant fan wallet balances unclaimed for 12 months will be either: (a) returned to the fan upon reactivation within 18 months of last activity; or (b) after 12 months of orphaned status, pooled into the MyPie Office Pie and redistributed to verified artists.
• All redistributions are documented for transparency and available upon request.

7.4 Suspension by MyPie

MyPie may suspend or terminate your account immediately for TOS violations, suspected fraud, or misconduct. Access and wallet balances may be restricted pending resolution.

8. CHANGES TO FEES & TERMS

MyPie may modify platform fees or minimum contribution amounts with 30 days' notice, which may be provided via email or in-app notification. Continued use after notice constitutes acceptance.

8.1 Billing Notifications

We will send email reminders at least 7 days before each billing date and after any charge is successful or fails.

8.2 Right to Modify Features

MyPie reserves the right to add, remove, or modify features at any time, with notice via email or dashboard announcements.

9. CUSTOMER SUPPORT & DISPUTES

9.1 Support Response Times

We aim to respond to inquiries within 48 hours.

9.2 Escalation

Unresolved issues can be escalated by emailing team@mypie.app with "Escalation" in the subject.

9.3 Disclaimer of Warranties

The Services are provided "as is" without warranties of any kind. MyPie does not guarantee uptime, data accuracy, or uninterrupted access.

10. INTELLECTUAL PROPERTY & LICENSE

All content and intellectual property rights in the MyPie platform belong to MyPie, Inc. By using the Services, you grant MyPie a limited, non‑exclusive license to use your streaming data solely for Pie allocations and analytics.

11. THIRD-PARTY INTEGRATIONS

The Services rely on third‑party providers (e.g., Spotify, Stripe). MyPie is not liable for their outages or performance issues beyond the data-failure provisions in Section 4.5.

12. PRIVACY & DATA RIGHTS

12.1 Privacy Policy

Our Privacy Policy governs the collection, use, and disclosure of personal data.

12.2 Data Rights

Under GDPR and CCPA, you have rights to access, correct, or delete your personal data; submit requests to team@mypie.app.

12.3 Data Ownership & Retention

All listening data and contribution records associated with your account remain the property of MyPie, even after account deletion. However, any published data will be anonymized and presented only in aggregate form, ensuring individual user privacy.

13. COMMUNICATIONS & OPT-IN

By creating an account, you consent to receive transactional emails (e.g., billing receipts, notifications). You may opt in or out of marketing communications via your account settings.

14. FORCE MAJEURE

MyPie will not be liable for any delay or failure in performance due to events beyond our reasonable control, including API outages, natural disasters, labor strikes, or acts of government.

15. GOVERNING LAW & DISPUTE RESOLUTION

These Terms are governed by Delaware law. Disputes will be resolved by binding arbitration under the American Arbitration Association's Consumer Arbitration Rules, with the arbitration seated in Delaware. Class actions are prohibited.

16. MISCELLANEOUS

• Severability: If any provision is invalid, the remainder of these Terms remains in effect.
• Assignment: You may not assign these Terms without MyPie's prior written consent.

CONTACT US

For questions, email team@mypie.app.