These Terms of Service and End-User License Agreement (together, these "Terms") are a legal agreement between you ("you," "your") and Split Mix Holdings LLC, a Michigan limited liability company ("Split Mix," "we," "us," "our"), governing your access to and use of the SplitJam desktop application and any updates, documentation, and related services (together, "SplitJam" or the "App"). By downloading, installing, or using SplitJam, or by clicking "I Agree" in the App, you agree to these Terms. If you do not agree, do not use SplitJam.
1. Definitions
- "Free" means the no-cost edition of SplitJam, which includes a limited number of splits.
- "Unlimited" means the paid edition unlocked by a one-time purchase and a valid license key, which removes the split limit and enables the full studio features.
- "Content" means audio files and other material you load into, create with, or export from SplitJam, including stems, mixes, recordings, and exports.
- "License Key" means the activation credential issued to you upon purchase of Unlimited.
2. Eligibility
You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction, if higher) to use SplitJam. If you are under the age of majority where you live, you may use SplitJam only with the involvement of a parent or legal guardian who agrees to these Terms. By using SplitJam you represent that you meet these requirements and that you are not barred from doing so under any applicable law. [ATTORNEY] confirm the age threshold for the markets we sell into.
3. License grant
Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, revocable license to install and use SplitJam on Mac computers you own or control, for your own lawful use. Unlimited features are licensed, not sold, and remain subject to these Terms.
4. License restrictions
Except where applicable law or a bundled open-source license (see Third-Party Notices) expressly permits otherwise, you may not:
- resell, rent, lease, sublicense, distribute, or otherwise transfer SplitJam or a License Key;
- copy the App except as necessary for ordinary use and backup;
- reverse-engineer, decompile, or disassemble the App, or attempt to derive its source code;
- circumvent, disable, or tamper with the split limit, License Key verification, activation, or any security or entitlement mechanism;
- remove or alter any proprietary notices; or
- use the App to build a competing product or to provide a commercial stem-separation service to third parties.
5. Your Content and your responsibility
You retain all rights to your Content. We do not claim ownership of the audio you load or the stems, recordings, and exports you create, and (as described in the Privacy Policy) we do not receive or store your Content.
You confirm that you own, or have all rights and permissions necessary to use, any audio you load into SplitJam, and you are solely responsible for how you use the stems, recordings, and exports you create. SplitJam is a tool. Separating, recording, or exporting a work you do not own or are not licensed to use may infringe the rights of others; that is your decision and your responsibility, not ours. You agree not to use SplitJam to infringe copyright or other rights, and you accept full responsibility and liability for your Content and your use of the App.
6. Acceptable use
You agree not to use SplitJam to: violate any law or the rights of others; infringe intellectual property; create or distribute unlawful, infringing, or harmful material; interfere with or compromise the integrity or security of the App or any related service; or attempt to gain unauthorized access to any system or data.
7. Purchases, pricing, and License Keys
Unlimited is a one-time purchase, not a subscription. Purchases are processed by our third-party payment provider acting as the merchant of record, which is the seller for the transaction and handles pricing display, applicable taxes, currency, billing, and refunds under its own terms, in addition to these Terms. Prices may change prospectively; the price shown at checkout governs your purchase.
Upon purchase you receive a License Key to activate Unlimited. The License Key is for your use on your own devices, up to any device limit we set. You may re-activate on a new or reinstalled Mac within that limit. You may not share, publish, sell, or transfer a License Key. [ATTORNEY] confirm the device-count limit and whether keys are transferable on resale of a Mac.
Refunds. Refunds, where offered, are handled by the merchant of record under its refund policy. [ATTORNEY] confirm the refund window/policy to state here.
8. Export control and sanctions
SplitJam is available as a free download worldwide, but purchases are not available in certain countries or to certain persons restricted under U.S. or other applicable sanctions and export-control laws. Purchase eligibility is determined by our merchant of record at checkout (based on billing country and payment instrument), which screens for sanctioned regions and persons. By purchasing you represent that you are not located in, and are not a national of, an embargoed country, and are not on any restricted-party list. [ATTORNEY] confirm the restricted-country list and any crypto export self-classification applicable to the License Key verification.
9. Photosensitivity notice
SplitJam's optional "Atmosphere" feature displays flashing and moving lights. It is off by default and runs only when you turn it on. A small percentage of people may experience seizures or other reactions when exposed to flashing lights or patterns, even with no prior history. If you are sensitive to flashing lights, or you or anyone in your household has a history of seizures or epilepsy, do not enable Atmosphere; consult a doctor before use. If you experience any adverse reaction, stop immediately. By enabling Atmosphere you acknowledge and accept this notice.
10. Updates
SplitJam may check whether a newer version is available so you can choose to update, and may offer or provide updates, fixes, and new features. Updates are governed by these Terms unless accompanied by separate terms. In the current version, the update check is not designed to send your account information or your Content; our data practices, including any changes, are described in and governed by the Privacy Policy. We may change, suspend, or discontinue features over time.
11. Intellectual property
SplitJam, including its software, design, text, graphics, logos, and the SplitJam and Split Mix names and marks, is owned by Split Mix or its licensors and is protected by intellectual property laws. Except for the license expressly granted in Section 3, these Terms grant you no rights in our intellectual property. SplitJam includes third-party open-source components listed in the Third-Party Notices, which are provided under their own licenses; where those licenses grant you rights (for example, the right to replace an LGPL-licensed library), those rights apply and prevail over any conflicting restriction in these Terms as to that component.
12. Copyright complaints and DMCA policy
We respect intellectual property rights. Because SplitJam runs on your Mac and we do not host or receive your Content, there is generally no material of yours on our systems to remove. For any material we do host (for example, on our website), we respond to valid notices under the U.S. Digital Millennium Copyright Act (DMCA) and maintain a repeat-infringer policy. The full takedown and counter-notification procedure, the Designated Agent's contact details, and our repeat-infringer policy are set out in our Copyright & DMCA Policy.
13. Third-party services
Purchases, and certain optional features, rely on third parties (for example, the merchant of record and content-delivery or messaging infrastructure). Their services are governed by their own terms and privacy policies, and we are not responsible for them.
14. Disclaimer of warranties
SplitJam is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express, implied, or statutory, to the fullest extent permitted by law. We specifically disclaim the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or that stem-separation results will meet your expectations. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.
15. Limitation of liability
To the fullest extent permitted by law, Split Mix and its owners, members, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, data, goodwill, or your use of or inability to use the App or the Content you create, even if advised of the possibility of such damages. To the fullest extent permitted by law, our total aggregate liability arising out of or relating to these Terms or SplitJam will not exceed the greater of (a) the amount you paid us for SplitJam in the twelve (12) months before the claim, or (b) twenty U.S. dollars (US$20). [ATTORNEY] confirm the cap figure. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
16. Indemnification
You agree to indemnify and hold harmless Split Mix and its owners, members, and suppliers from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your Content, your use of SplitJam, or your violation of these Terms or of any law or third-party right.
17. Term and termination
These Terms apply while you use SplitJam. We may suspend or terminate your license if you materially breach these Terms (including the license restrictions or acceptable-use rules), or as required by law. You may stop using SplitJam at any time by uninstalling it. Sections that by their nature should survive termination (including Sections 5, 11, 14, 15, 16, 18, and 19) will survive.
18. Governing law and venue
These Terms are governed by the laws of the State of Michigan, U.S.A., without regard to its conflict-of-laws rules, and by applicable U.S. federal law. Subject to Section 19, you agree that the state and federal courts located in Michigan will have exclusive jurisdiction and venue, and you consent to personal jurisdiction there. [ATTORNEY] confirm Michigan and the specific county/venue.
19. Dispute resolution [OPTIONAL — attorney to confirm or strike]
Before filing any claim, you agree to first contact us at support@splitjam.music and attempt to resolve the dispute informally for at least 30 days. [OPTIONAL] If not resolved, any dispute may be required to be resolved by binding individual arbitration rather than in court, and you and we may be required to waive the right to a jury trial and to participate in a class action. This section is a significant legal choice; it is included as a placeholder for counsel to confirm, tailor to an arbitration provider and rules, add any small-claims and opt-out carve-outs, and verify enforceability in our markets, or to remove it in favor of court jurisdiction under Section 18.
20. Changes to these Terms
We may update these Terms. When we make material changes, we will revise the version and date above, and the App will ask you to review and agree to the updated Terms before you continue using it. Your continued use after an update means you accept the revised Terms.
21. General
These Terms, together with the Privacy Policy and Third-Party Notices, are the entire agreement between you and us about SplitJam and supersede prior agreements on this subject. If any provision is held unenforceable, the rest remains in effect and the unenforceable part is limited to the minimum extent necessary. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. These Terms do not create any agency, partnership, or joint venture.
22. Contact
Split Mix Holdings LLC · support@splitjam.music
[OWNER] insert the LLC's registered mailing address.