TrackPay — Terms of Service

Effective Date: April 16, 2026 Last Updated: April 16, 2026

Please read these Terms of Service ("Terms") carefully before using TrackPay ("the Platform," "we," "us," or "our"). By accessing or using TrackPay, you agree to be bound by these Terms. If you do not agree, do not use the Platform.

1. Overview

TrackPay is a peer-to-peer (P2P) platform that facilitates connections between independent music artists and video editors. TrackPay does not produce, distribute, own, or control any content, sounds, videos, or transactions that occur between users. All agreements, exchanges, and transactions are strictly between individual users.

2. Eligibility

You must be at least 18 years of age to use TrackPay. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using TrackPay on behalf of a business or entity, you represent that you have the authority to bind that entity to these Terms.

3. User Accounts

You are responsible for maintaining the confidentiality of your account credentials. You are solely responsible for all activity that occurs under your account. TrackPay reserves the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or abuse the Platform in any way.

4. Peer-to-Peer Nature of the Platform

TrackPay operates exclusively as a P2P intermediary platform. We do not:

• Create, own, or claim rights to any sounds, music, or video content posted or submitted through the Platform
• Guarantee the quality, legality, or originality of any content shared between users
• Guarantee that any payout will be received by any user
• Employ, represent, or act as an agent for any Artist or Editor on the Platform
• Mediate or resolve disputes between Artists and Editors beyond automated performance checks

All arrangements — including but not limited to compensation, creative direction, content rights, and expectations — are solely between the Artist and the Editor. TrackPay is not a party to any such arrangement.

5. Content and Intellectual Property

5.1 Your Content

By submitting content to TrackPay (including sounds, video links, and profile information), you represent and warrant that:

• You own or have the necessary rights and licenses to the content
• Your content does not infringe upon the intellectual property rights of any third party
• Your content does not violate any applicable law, including copyright, trademark, or right of publicity

5.2 Third-Party Platforms

TrackPay connects with third-party platforms including TikTok, Instagram, and YouTube. You are solely responsible for complying with the terms of service of those platforms. TrackPay is not affiliated with, endorsed by, or responsible for any third-party platform.

5.3 Copyright Infringement

If you believe content on the Platform infringes your copyright, please contact us at legal@trackpay.com. TrackPay will respond to valid DMCA notices in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512).

6. Payments and Payouts

6.1 P2P Transactions

All payouts on TrackPay are peer-to-peer. The Artist sets the payout amount for their campaign. TrackPay facilitates the transfer based on automated performance checks but does not guarantee payment in any circumstance.

6.2 Performance Checks

Payouts are contingent on the Editor's submitted video meeting the 10% rule: the video must achieve likes equal to or greater than 10% of its total view count within 48 hours of submission. This check is automated and final unless a documented technical error occurred on TrackPay's end.

6.3 Disputes

TrackPay is not responsible for resolving payment disputes between Artists and Editors. If a dispute arises, it is between the users involved. TrackPay may, at its sole discretion, investigate and take action, but is under no obligation to do so.

6.4 Fees

TrackPay may charge a service fee on transactions. Current fee structures are disclosed at the time of campaign creation and payout. TrackPay reserves the right to modify fees with 30 days notice.

6.5 Taxes

You are solely responsible for determining and paying any applicable taxes on payments you receive through TrackPay. TrackPay does not provide tax advice and is not responsible for any taxes owed by any user.

7. Prohibited Conduct

You agree not to:

• Use the Platform for any unlawful purpose
• Submit videos that use sounds without proper authorization
• Artificially inflate views, likes, or engagement metrics through bots, paid services, or any inauthentic means
• Harass, threaten, or harm other users
• Attempt to circumvent, disable, or interfere with Platform systems or security features
• Create multiple accounts to abuse campaigns or payouts
• Misrepresent your identity, follower count, or content ownership
• Use the Platform to distribute spam, malware, or harmful content

Violation of these rules may result in immediate account termination and forfeiture of any pending payouts.

8. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TrackPay does not warrant that:

• The Platform will be uninterrupted, error-free, or secure
• Any results or payouts will be achieved
• Content submitted by users is accurate, legal, or appropriate
• Third-party APIs (including TikTok, Instagram, and YouTube) will remain available or return accurate data

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, TRACKPAY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, EVEN IF TRACKPAY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL TRACKPAY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO TRACKPAY IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).

10. Indemnification

You agree to indemnify, defend, and hold harmless TrackPay and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Platform
• Your violation of these Terms
• Your content or submissions
• Your violation of any third-party rights, including intellectual property rights
• Your violation of any applicable law or regulation

11. Third-Party Services

The Platform integrates with third-party services including TikTok, Instagram, YouTube, and payment processors. TrackPay is not responsible for the availability, accuracy, or conduct of any third-party service. Your use of third-party services is subject to their respective terms of service and privacy policies.

12. Termination

TrackPay reserves the right to suspend or terminate your account and access to the Platform at any time, for any reason, with or without notice. Upon termination, your right to use the Platform ceases immediately. Pending payouts at the time of termination due to a violation of these Terms may be forfeited.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the United States and the state in which TrackPay is incorporated, without regard to conflict of law principles.

Any dispute arising out of or relating to these Terms or the Platform shall first be submitted to good-faith negotiation. If unresolved within 30 days, disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association (AAA) rules. You waive any right to a jury trial or to participate in a class action lawsuit against TrackPay.

14. Changes to These Terms

TrackPay reserves the right to modify these Terms at any time. We will notify users of material changes via email or in-app notification. Your continued use of the Platform after changes take effect constitutes your acceptance of the updated Terms.

15. Contact

For questions about these Terms, contact us at: legal@trackpay.com