legal
Polarity Terms of Service
These Terms of Service (the "Terms") are an agreement between you and Polarity Tech Inc. ("Polarity", "we", "us", or "our"), a Delaware corporation. They govern your use of polarity.fm, app.polarity.fm, the storefronts we host for producers, and the Polarity and Influx products and services (together, the "Services").
By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services. Please read them alongside our Privacy Policy.
Who these Terms are for. Polarity serves two groups. Part A applies to producers, meaning the people who hold an account and run a store. Part B applies to buyers, meaning the people who license beats from those stores. Part C applies to everyone.
One thing to be clear about up front. When you license a beat from a producer's store, your contract for that purchase is with the producer, not with Polarity. Polarity makes the software the producer uses to sell. Section 22 sets this out in full.
Part A. Producers
1. Who can open an account
You must be at least 18 and able to enter a binding contract. Give accurate registration information and keep it current. You are responsible for everything that happens under your account and for keeping your credentials secure. Tell us at admin@polarity.fm if you think your account has been compromised.
2. Plans, billing and cancellation
Polarity offers a free plan and paid plans. Current plans, prices and limits are on our pricing page and may change. We will give notice of a price change before it applies to you.
Paid plans are billed in advance and renew automatically, monthly or annually, until you cancel. You can cancel at any time from your account. Cancelling stops the next renewal. It does not refund the period you are already in, except where the law where you live requires a refund. Fees do not include any taxes you may owe. If a payment fails we may retry it and may suspend paid features until it succeeds.
3. What happens to your store and your files when you leave
Cancelling a paid plan ends it. It does not move you to the free plan: your store and checkout close and you stop being able to make new sales.
We keep your uploaded files for a grace period of up to 180 days so that you can come back or download them. After that period we may delete them permanently. Download your beat files and artwork before the grace period ends.
4. Your content
You keep ownership of everything you upload: your beats, your artwork, your copy, and your customer data. You grant Polarity a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit and display that content, only so far as we need to in order to run the Services for you. That licence ends when you delete the content or close your account, subject to Section 3 and to backups that age out on a normal cycle.
You are responsible for holding the rights to everything you upload and sell, and you confirm that your content does not infringe anyone else's rights.
5. Your customers and your data
The people who buy from your store are your customers. As between you and Polarity, you are the controller of your customer data and Polarity processes it on your behalf in order to run the Services. You are responsible for your own store's legal pages and for complying with the law that applies to your business and to your customers.
What your store must show a buyer before they pay. Because you are the seller (Section 8), your store must make clear, before someone pays: who they are buying from, meaning your business or trading name and a way to reach you; what the licence they are buying allows them to do; and your refund policy. Polarity generates a privacy notice and legal page templates for your store to help with this, but publishing them, keeping them accurate, and answering the buyers who use them is your responsibility.
6. Acceptable use
You may not use the Services to:
- upload, sell or distribute content you do not hold the rights to;
- sell anything unlawful, or anything the Services are not intended for;
- impersonate anyone, or misrepresent who you are or who you are affiliated with;
- send unsolicited bulk email, or email to people who have not agreed to hear from you (Section 7);
- harass, threaten or abuse anyone, including other producers, buyers, or our staff;
- upload malware, or probe, breach or overload our systems or anyone else's;
- scrape, resell or redistribute the Services, or use them to build a competing product;
- work around plan limits, or run separate businesses through a single account.
- sell anything other than music and the licences that go with it, which is what the Services are built for.
You also may not use the Services if you are the target of trade sanctions, or are located in a country subject to comprehensive sanctions, and you will not export or re-export the Services in breach of applicable export control law.
We may investigate suspected breaches and take the action described in Section 11.
7. Email sending and list compliance
Influx sends email on shared infrastructure. One producer's bad list damages deliverability for every other producer, so this section is strict.
You may only send marketing email to people you have a proper basis to email, meaning they opted in, or they bought from you and the message relates to that relationship. That is a platform rule and it is deliberately stricter than the minimum some places allow. It does not decide what is lawful for you: working out what the law where your recipients live requires is your responsibility. You may not upload purchased, scraped or rented lists. When you import contacts you will be asked where they came from, and your answer is recorded and kept. You are responsible for the accuracy of that answer and for the legal basis of every address you import.
You are responsible for complying with the law that applies to your sending, including CAN-SPAM, GDPR and PECR where they apply to you, and for honouring unsubscribes promptly.
Polarity operates a platform-wide suppression list for marketing email. If someone reports a marketing message as spam, or their address hard bounces, we may stop sending them marketing across the whole platform, including from producers who did not send the message. This protects shared sending reputation and is not a judgement about you.
Suppression does not block transactional messages. A purchase confirmation, a download link, a licence document, or a notice that a download window is closing still goes out, because those are sent to someone who bought something rather than to market to them.
We may throttle, pause or disable sending on your account if your complaint or bounce rates put platform deliverability at risk. Where it is practical to do so, we will tell you first.
8. Payments and taxes
Producers connect their own payment accounts. You are the seller of record for every sale from your store. Polarity never takes custody of your sale proceeds and takes no commission on your sales. Your payment provider deducts its own processing fees and pays you directly under its terms with you.
Because you are the seller of record, you are responsible for your own tax obligations on those sales, including any sales tax or VAT, and for handling refunds, disputes and chargebacks with your buyers.
9. The licence documents we generate
Polarity generates the licence document that goes with a sale, using templates we provide. Those templates are a convenience, not legal advice, and we are not your lawyer. You are responsible for reviewing the terms you sell under and deciding whether they suit your business. If you need certainty about the rights you are granting, take your own legal advice.
10. Licence verification links
Every licence we generate carries a verification link that resolves on your store's domain. That link keeps working for as long as your domain points at Polarity, whether or not you are still a paying customer. We do not switch verification off because you stopped paying. We may still have to take a verification page down if the law requires it, if it is being used for fraud or abuse, or if we discontinue the Services, and in that case we will give whatever notice we reasonably can.
If you move your domain away from Polarity, we are no longer in the request path and those links stop resolving. We cannot serve a fallback. Licence documents already issued carry that link and cannot be recalled. Please bear this in mind before repointing a domain.
11. Suspension and termination
We may suspend or close your account if you breach these Terms, if the law requires it, or if your use puts the Services, other users, or our providers at risk. Where it is practical we will tell you first and give you a chance to put it right. For serious breaches, including repeat copyright infringement (Section 19), we may act immediately.
You may close your account at any time. Section 3 covers what happens to your files.
12. Aggregate and benchmark data
Polarity computes aggregate statistics from activity across the platform, for example conversion benchmarks by genre or store size, and price and demand trends. You grant us permission to include your transaction data in those aggregates, to make the aggregated output available to other producers, and to use it to improve the Services.
These are two different roles and we keep them apart. For your customer data, Polarity acts on your behalf (Section 5). For the aggregate statistics in this section, Polarity acts on its own account.
We produce aggregates only at a level of grouping large enough that an individual producer, store or customer cannot be identified from the result. We do not try to re-identify anyone from aggregated output and we do not let anyone else do so. We do not sell your customer list and we do not disclose your individual figures to other producers.
Part B. Buyers
13. Who can buy, and who can hold an account
You can license a beat from a producer's store without holding a Polarity account. Your confirmation email carries your download links and your licence document.
You must be at least 16 to license a beat or to hold a buyer account of the kind described in section 14. Opening a producer account has a higher age requirement, set out in section 1. If you are under 18, buy or hold a buyer account only with the agreement of a parent or guardian, who takes responsibility for the purchase. The Services are not directed to children under 16 and we do not knowingly collect their personal data, which matches what our Privacy Policy says.
14. Your Polarity account
You may create a Polarity account to keep your licences in one library across the different producer stores you buy from. Creating an account means agreeing to these Terms.
Your library brings together licences bought under the same email address you sign up with, and any licence you import yourself. We do not build a profile of you across stores unless you make an account and one of those two things happens.
15. Turning off cross-store linking
You can ask us to stop linking your purchases across stores at any time by contacting admin@polarity.fm. We will honour that request.
16. Your purchase is with the producer
See Section 22. Refunds, delivery problems, and questions about what your licence permits are between you and the producer who sold it to you, so contact them first. If you cannot reach them, contact us and we will help where we reasonably can, but Polarity is not the seller and cannot grant, change or refund a licence on a producer's behalf.
17. If a producer leaves Polarity
Producers can stop using Polarity whenever they want. If one you bought from does:
- Your licence record stays on file. What you licensed is not affected by the producer's decision to leave.
- Your verification link keeps working for as long as that producer's domain points at Polarity. See Section 10.
- Download links for the beat files stop working when the producer's storage grace period ends, which is up to 180 days after they cancel. Download your files before then.
- We may email you at your checkout address to tell you the window is closing. Those are service messages about files you already have rights to, not marketing from other producers.
After the window closes, contact the producer directly about replacement files.
Part C. Everyone
18. Who you are contracting with
The Services are operated by Polarity Tech Inc., a Delaware corporation, with a registered agent at Legalinc Corporate Services Inc., 131 Continental Dr, Suite 305, Newark, DE 19713, US. You can reach us at admin@polarity.fm.
19. Copyright and takedowns
Polarity hosts content that producers upload. We respect copyright and we expect producers to do the same.
If you believe content on Polarity infringes your copyright, send a notice to admin@polarity.fm that includes: identification of the copyrighted work; identification of the material you say infringes it and where it is; your contact details; a statement that you believe in good faith the use is not authorised by the owner, its agent, or the law; a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or authorised to act for the owner; and your physical or electronic signature.
We act on valid notices, which may include removing the material and telling the producer who uploaded it. A producer may submit a counter-notice. We terminate the accounts of repeat infringers.
20. Changes to the Services
We are actively building the Services, so features may change, be added, or be withdrawn. If we make a change that materially reduces something you pay for, we will tell you.
21. Changes to these Terms
We may update these Terms. If a change is material we will give reasonable notice, by email or in the product, before it takes effect. Continuing to use the Services after that means you accept the updated Terms. The date at the top of this page shows the current version.
22. Who you are buying from
Polarity is software that producers use to run their own businesses. When a buyer licenses a beat from a producer's store, the sale and the licence are between the buyer and the producer. Polarity is not a party to that contract, is not the seller or the merchant of record, and does not set prices, licence terms, or refund policies for producer stores.
23. Third-party services
The Services depend on third parties for payments, email delivery, hosting and AI features. Where you connect a third-party account, that provider's terms also govern your use of it. We are not responsible for third-party services we do not control.
24. Disclaimers
The Services are provided "as is" and "as available". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted or error free, or that they will meet your requirements. We do not guarantee any level of sales, traffic, deliverability or revenue.
25. Limitation of liability
To the fullest extent the law allows, Polarity is not liable for indirect, incidental, special, consequential or exemplary damages, or for lost profits, lost revenue, lost data, or loss of goodwill.
Our total liability arising out of or relating to these Terms or the Services is limited to the greater of the amount you paid Polarity in the twelve months before the event that gave rise to the claim, or one hundred US dollars.
Nothing in these Terms limits any liability that cannot be limited by law.
26. Indemnity
You will indemnify and hold harmless Polarity and its officers, employees and agents against claims, damages and reasonable legal costs, to the extent they are caused by your content, your breach of these Terms, your unlawful or wrongful conduct, or, if you are a producer, by your sales and your dealings with your own customers. This does not cover anything caused by Polarity's own act or omission.
We will tell you promptly about any claim we ask you to cover, and we will not settle it without your agreement, which you will not unreasonably withhold. If you are a consumer, this section applies only as far as the law where you live allows.
27. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. You and Polarity agree to the exclusive jurisdiction of the state and federal courts of Delaware, except that either party may seek injunctive relief in any court that has jurisdiction. If you are a consumer, nothing here takes away the protection of mandatory law in your country of residence, or any right you have under that law to bring proceedings in the courts where you live, or to be sued only there.
28. General
If any provision of these Terms is found unenforceable, the rest stays in force. If we do not enforce a provision, that is not a waiver of it. You may not transfer these Terms without our consent; we may transfer them to an affiliate or in connection with a merger or sale of assets. These Terms, together with the Privacy Policy, are the entire agreement between us about the Services.
29. Contact
Questions about these Terms: admin@polarity.fm.