Terms of Service

1. Definitions

• "Platform": The Bopkit website (bopkit.com) and any associated services or software operated by Bopkit.
• "Seller": A user who uploads, lists, or licenses musical works (beats) via the Platform.
• "Buyer": A user who acquires a license to use musical content listed by a Seller.
• "Content": Any material uploaded, shared, or listed on the Platform, including but not limited to beats, track titles, descriptions, cover art, and metadata.
• "License": A grant of rights from the Seller to the Buyer permitting usage of Content under specified terms. Currently, Bopkit supports MP3 and WAV license types. Additional license types (such as exclusive licenses) may be introduced in the future.
• "User": Any individual or entity that uses the Platform, including both Sellers and Buyers.

2. Eligibility

By using the Platform, you represent and warrant that you are at least 18 years of age. Bopkit is not intended for use by anyone under the age of 18. If you are under 18, you may not create an account or use the Platform.

3. Compliance with Laws

All Users must comply with all applicable laws, regulations, and third-party rights wherever they may be located. This includes, but is not limited to, laws relating to intellectual property, consumer protection, export/import, data protection, anti money laundering, anti fraud and taxation in their jurisdiction.

4. Prohibited Activities

Users may NOT use the Platform to:

• Violate any applicable law, statute, regulation, or third-party right.
• Upload, list, share, or sell:

  • Content that infringes intellectual property rights.
  • Items or services that are illegal or unsafe or facilitate wrongdoing (e.g., weapons, controlled substances, stolen goods).
  • Content promoting hate, violence, or discrimination.
• Impersonate Bopkit staff, other users, or third parties.
• Create multiple accounts to exploit platform features, evade bans, or mislead others.
• Attempt to circumvent platform features (e.g., artificial boosting of sales or visibility, misuse of API).
• Transmit malicious code (malware, viruses, Trojan horses), or perform hacking, scraping, or reverse engineering.
• Spam, send unsolicited messages, or engage in scams or deceptive/fraudulent practices.
• Harass, threaten, defame, or discriminate against other users.
• Share personal or confidential information of others without consent.
• Facilitate bribery, corruption, or money laundering.
• Violate the terms of service of integrated third-party platforms (YouTube, PayPal, Google).

5. Seller-Specific Restrictions

Sellers must:

• Only upload Content they have created or have explicit rights to license.
• Ensure that uploaded beats and any samples used are properly cleared or licensable.
• Clearly define license terms and usage rights, indicating limitations on commercial usage, streams, geographic territory, duration, etc.
• Accurately disclose any royalty splits, ownership stakes, or revenue-sharing agreements with collaborators or third parties.
• Respect the integrity of license terms agreed upon with Buyers.

6. Intellectual Property

Your Content: You retain all ownership rights to Content you upload. By uploading Content, you grant Bopkit a worldwide, non-exclusive, royalty-free license to host, store, display, reproduce, and distribute your Content solely for the purpose of operating and promoting the Platform. This license ends when you delete your Content or account, except for copies that remain in backups or have been shared with Buyers.

Bopkit Property: The Platform, including its design, logos, trademarks, and software, is owned by Bopkit. Users may not copy, modify, distribute, or create derivative works from any Bopkit property without prior written consent.

User-Generated Content: Bopkit does not pre-screen Content and is not responsible for the accuracy, quality, or legality of user uploads. Sellers are solely responsible for ensuring they have all necessary rights to the Content they upload.

7. Fees and Payments

Platform Fees: Bopkit charges a commission (10%) on sales made through the Platform. This fee is deducted automatically at the time of transaction. Fees are subject to change with reasonable notice.

Payouts: Seller payouts are processed instantly via PayPal at the time of purchase. PayPal may apply its own holds, reserves, or processing delays based on your account status and their policies. Bopkit does not control PayPal's payout timing or holds.

Collaborator Splits: When beats include collaborators with profit-sharing arrangements, payments are automatically split at checkout. Each collaborator receives their share directly to their linked PayPal account, minus applicable platform fees and PayPal processing fees on their portion.

Chargebacks and Reversals: If PayPal reverses a payment due to a dispute, chargeback, or fraud claim, the order is marked as refunded. Sellers and collaborators are notified, download access is suspended, and amounts are reversed proportionally. Bopkit is not liable for losses resulting from chargebacks or payment reversals.

Refunds: As Bopkit facilitates digital downloads, all sales are generally final. Refunds are handled via PayPal's dispute resolution process. If a refund is issued, the Platform fee is reversed proportionally.

Taxes: Users are solely responsible for determining and fulfilling any tax obligations associated with their earnings or purchases in their jurisdiction.

8. Buyer Responsibilities

Buyers must:

• Use licensed Content only in accordance with the license granted by the Seller.
• Not sublicense, resell, redistribute, modify or repackage Content unless expressly permitted.
• Attribute the Seller if required by the license terms.
• Not misrepresent their use rights or violate the license scope (e.g., exceeding streaming/download caps).

9. Content Standards

Content uploaded to the Platform must not:

• Contain defamatory, hateful, or otherwise unlawful material.
• Include misleading or falsified metadata (e.g., BPM, key, genre tags).
• Violate privacy rights or disclose personal data without consent.
• Include misleading or fraudulent information or claims about licensing terms, collaborators, or authorship.

10. Platform Integrity

Users shall use the platform only through official channels. They must not:

• Interfere with the operation, integrity, or performance of the Platform.
• Attempt to gain unauthorized access to accounts, data, or servers.
• Use scraping tools, bots, or automated scripts to access or manipulate the Platform.
• Engage in manipulation of platform features, metrics, or algorithms.

11. Account Security

Users shall:

• Not share account credentials.
• Use strong, unique passwords and enable additional security measures offered by linked services (e.g., Google 2FA for Google sign-in).
• Notify Bopkit immediately if their account is compromised or they suspect unauthorized access.

12. Reporting and Enforcement

Bopkit reserves the right to moderate or remove any content that violates these Terms or the spirit of the Platform.

13. Copyright Complaints

Bopkit respects the intellectual property rights of others. If you believe that Content on the Platform infringes your copyright, please submit a notice to support@bopkit.com including:

• Identification of the copyrighted work you claim is infringed
• Identification of the infringing Content and its location on the Platform (URL or content ID)
• Your contact information (name, email, address)
• A statement that you have a good faith belief the use is not authorized
• A statement under penalty of perjury that the information is accurate and you are the copyright owner or authorized to act on their behalf
• Your physical or electronic signature

We will investigate valid complaints and may remove or disable access to infringing Content. Repeat infringers may have their accounts terminated.

14. Third-Party Service Terms

15. Service Modifications and Beta Access

Bopkit is currently in a "Beta" phase. We reserve the right to modify, suspend, or discontinue any part of the Platform (including free tiers, storage limits, and feature availability) at any time with or without notice. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

16. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. BOPKIT DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

17. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BOPKIT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

18. Indemnification

You agree to defend, indemnify, and hold harmless Bopkit and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Platform, your violation of these Terms, or your violation of any third-party right, including without limitation any intellectual property right.

19. Termination

We may terminate or suspend your account and bar access to the Platform immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

20. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of Malta, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the courts of Malta.

Informal Resolution: Before filing any formal legal claim, you agree to first contact us at support@bopkit.com and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved through good-faith discussion.

21. Survival

The following sections shall survive termination of these Terms or your account: Intellectual Property, Fees and Payments (for outstanding amounts), Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Law and Dispute Resolution, and any other provisions that by their nature should survive.

22. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Bopkit regarding the Platform and supersede all prior agreements.

Severability: If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms or your account without our prior written consent. Bopkit may assign these Terms in connection with a merger, acquisition, or sale of assets.

Force Majeure: Bopkit shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemic, or service provider outages.

23. Changes to These Terms

These Terms of Service may be updated from time to time. The latest version will always be available on this page. Where required, we will notify you of significant changes (e.g., by email or in-app notice). Continued use of the Platform after changes constitutes acceptance of the updated Terms.

24. Contact Information

For questions about these Terms, legal inquiries, or copyright complaints, contact us at support@bopkit.com.