Terms of Cooperation with Partners of BeatWithIt.com

§1. General Provisions

1. The owner and operator of the online service available at BeatWithIt.com (hereinafter: the “Service” or “BeatWithIt”) is Fabryka Hitów Emil Toczyski, VAT ID: PL5242586029, address: ul. Braci Briggsów 37h/1, 05-270 Marki, Poland, phone +48 794 065 181 (hereinafter: the “Operator”).

2. These Terms (the “Terms”) set out the rules for submitting, publishing, and selling music arrangements (instrumentals) by creators cooperating with BeatWithIt (each a “Partner”), as well as the rules for settlements and the Parties’ liabilities.

3. Definitions:

   1. Service / BeatWithIt – the online platform at BeatWithIt.com, enabling Partners to submit, publish, and sell arrangements and manage licenses; the terms “Service” and “BeatWithIt” are used interchangeably.

   2. Operator – Fabryka Hitów Emil Toczyski (details in §1(1)), the entity operating and administering the Service, party to agreements with Partners, and the controller of Partners’ personal data.

   3. Parties – jointly, the Operator and the Partner.

   4. Partner – a creator submitting arrangements (instrumentals) to the Service for publication and sale of rights/licenses.

   5. Client – a person purchasing rights/licenses to arrangements via the Service.

   6. Arrangement / Work – an instrumental (composition, recording) submitted by the Partner through the Service’s submission form.

   7. License – the right acquired by the Client (exclusive / non-exclusive) to use the Arrangement under these Terms and the Service’s licensing policy.

   8. Submission – the act of providing an Arrangement via the “Adding your beat to beatwithit.com” form.

4. Acceptance of these Terms occurs upon Submission. Without acceptance, cooperation is not possible.

§2. Submission Requirements and Technical Specifications

1. Each Submission covers one Arrangement (1 form = 1 arrangement).

2. The Partner must provide accurate details: producer name, e-mail, phone number, and address for contracting/settlement purposes.

3. File requirements:

   1. Preview file: audio .mp3;

   2. Variant “Full track stems and effects” – a mandatory .zip or .rar archive (max. 1 GB) containing all stems/tracks and effects;

   3. Variant “Only master mp3 and wave” – master file in .wav only (max. 1 GB placed in a .zip/.rar archive);

   4. Only files meeting the above formats and size limits are accepted.

4. BeatWithIt may refuse publication if the Submission breaches law, good practices, or third-party rights, or fails to meet technical/quality requirements.

§3. Partner’s Representations and Warranties

1. The Partner represents that:

   1. they are the sole holder of the proprietary (economic) copyrights to the Arrangement and of the related rights to included performances, and hold all necessary consents/licenses for used samples/loops;

   2. the Arrangement does not infringe third-party rights (including copyrights, neighbouring rights, trademarks, image rights) or any laws;

   3. if third-party materials (e.g., samples) are used, the Partner holds valid and sufficient licenses permitting commercial resale as part of the Arrangement.

2. The Partner bears full liability for any damage and claims arising from falsehood of the above statements.

§4. Publication and Presentation in the Service

1. Publication follows the Operator’s approval. BeatWithIt may remove/hide Arrangements for valid reasons (law/Terms violations, infringement notices, technical defects).

2. The Partner consents to public presentation of the Arrangement in the Service, including playing an mp3 excerpt as a preview for Clients.

§5. License Types and Transfer of Rights

1. Sales are carried out under the Service’s licensing policy and the price list shown with each Arrangement.

2. The following are available in particular:

   1. Exclusive (EUR 290) – the sale includes an assignment of proprietary copyrights in the Arrangement to the Client within the scope and fields of use indicated in the Service’s licensing policy; after a successful exclusive sale, the Arrangement is no longer available for sale and the Partner shall not grant further licenses or sell the Arrangement to others;

   2. Non-exclusive (EUR 49) – the Partner grants the Client a non-exclusive license on the terms set out in the Service’s licensing policy (multiple licenses may be sold for the same Arrangement).

3. The assignment/grant of license to the Client occurs upon the Client’s successful purchase (payment confirmation) under the chosen option.

4. The Partner may participate in seasonal promotions announced in the Service; in such case the Partner’s remuneration is calculated from the post-promotion price.

§6. Prices, Commission, and Settlements

1. Reference prices for Clients in the Service: Exclusive – EUR 290, Non-exclusive – EUR 49, unless the Service indicates otherwise (e.g., seasonal promotions).

2. BeatWithIt charges a 30% commission on each Arrangement sold (each transaction), taking into account any promotions in effect.

3. The Partner receives 70% of the price paid by the Client (after promotions, if any), reduced—where settlements are made under a contract for a specific work (umowa o dzieło under Polish law)—by the costs set out in item 6 below.

4. Payouts are made by bank transfer to the account indicated by the Partner, based on:

   1. an invoice (if the Partner is a business), or

   2. a receipt / contract for a specific work (if the Partner settles as a non-business individual).

5. Funds are paid out upon the Partner’s request, after verifying sales, without undue delay.

6. Contract for a specific work (umowa o dzieło): each payout is reduced by:

   1. PLN 50 accounting cost, and

   2. 10% of the payout amount (after commission and any promotions).
      The Partner may combine multiple sales into one payout to minimize these costs — this is recommended.

7. The Partner is responsible for their own public-law obligations (taxes, contributions, etc.). The Operator may issue/initiate settlement documents in accordance with applicable law.

§7. Marketing Consents and Promotion of Arrangements

1. In the form, the Partner may consent to the use of the Arrangement in the Service’s promotional activities (e.g., by selecting “Yes” for seasonal promotions). Lack of consent does not affect the ability to sell in the Service.

2. If consent is given, the Partner grants BeatWithIt a non-exclusive, royalty-free license to use the Arrangement (in whole or in part) for the Operator’s marketing purposes, including: social media, online/offline advertising campaigns, playlists, newsletters, PR materials, presentations, websites, and other channels relevant to the Service’s marketing — for the duration of cooperation and 12 months thereafter, worldwide.

3. Consent may be withdrawn at any time with effect for the future; withdrawal does not affect marketing already carried out.

§8. Infringement Notices and “Notice & Takedown”

1. Third parties may report infringements via the Operator’s contact details or the Service contact form.

2. Upon receiving a notice, BeatWithIt may temporarily restrict access to or remove the Arrangement, and the Partner must promptly provide their position and evidence of legality.

§9. Liability and Limitations

1. The Partner shall indemnify and hold BeatWithIt harmless against third-party claims arising from infringements by the Arrangement or from false Partner statements.

2. BeatWithIt’s liability to the Partner is limited—to the extent permitted by law—to the amount of remuneration due to the Partner from the relevant sale. BeatWithIt shall not be liable for lost profits.

§10. Personal Data Processing (GDPR)

1. The controller of Partners’ personal data is Fabryka Hitów Emil Toczyski (details in §1(1)).

2. Data are processed for: entering into and performing cooperation (Art. 6(1)(b) GDPR), settlements and legal obligations (Art. 6(1)(c)), pursuing/defending claims and day-to-day cooperation (Art. 6(1)(f)).

3. Data scope includes, in particular: name/business name, address, e-mail, phone, settlement data, Submission contents and files.

4. Storage period: for the duration of cooperation and thereafter until expiry of limitation periods and legally required archiving periods (e.g., tax/accounting).

5. Partner rights: access, rectification, erasure, restriction, portability, objection; exercised via the Operator’s contact details in §1(1).

6. Providing data is voluntary but necessary for cooperation and settlements.

§11. Amendments, Termination, and Removal of Arrangements

1. The Partner may request removal of an Arrangement from the catalogue; this does not affect the validity of prior sales and granted licenses.

2. BeatWithIt may terminate cooperation for valid reasons (breach of law/Terms, persistent technical defects, failure to cooperate) with immediate effect.

3. BeatWithIt may amend these Terms for valid reasons (changes in law, Service functionality, payment/license policies). Amendments apply from publication in the Service and govern Submissions and sales made thereafter.

§12. Complaints

1. Complaints concerning settlements or operation of the Service should be submitted without undue delay after becoming aware of the issue, with justification and evidence.

2. BeatWithIt processes complaints without undue delay; responses are sent to the Partner’s contact details provided in the Submission.

§13. Final Provisions

1. Matters not regulated herein are governed by the laws of Poland, in particular the Civil Code and the Copyright Act.

2. Any disputes shall be resolved by the common court having jurisdiction over the Operator’s registered office.

3. These Terms are effective as of their publication in the Service.