Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Marshal Rosenberger d/b/a Mastered By Marshal (“Company,” “we,” “us,” or “our”) governing your access to and use of the audio mastering services available at masteredbymarshal.com (the “Service”).

By creating an account, uploading content, or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Electronic Agreement

By clicking “I Agree,” creating an account, or using the Service, you acknowledge that this action constitutes a legally binding electronic signature with the same force and effect as a handwritten signature.

3. Service Description

Mastered By Marshal provides professional audio mastering services, including:

• Stereo Mastering: Full stereo mix mastering
• Stem Mastering: Individual stem/track mastering
• One-on-One Training: Consultation and training sessions (booked separately)

4. Account Registration & Eligibility

To use our Service, you must:

• Be at least 18 years of age
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access

5. Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must notify Company immediately of any unauthorized access. Company is not liable for losses resulting from unauthorized account access due to your failure to protect credentials.

6. License Grant to Company

You grant Company a limited, non-exclusive, royalty-free license to access, store, copy, process, and transmit your audio content solely for the purpose of providing the Service. This license terminates upon completion of services and full payment, except for archival copies retained per our data retention policy and portfolio rights granted in Section 11.

7. Audio Content Ownership & Warranties

You represent and warrant that:

• (a) You own or have obtained all necessary rights, licenses, and permissions for all audio content uploaded to the Service;
• (b) The content does not infringe any third party's intellectual property rights, including copyrights, trademarks, or rights of publicity;
• (c) You have obtained all necessary consents from any featured artists, producers, songwriters, or rights holders;
• (d) The content does not contain any material that is defamatory, obscene, or otherwise unlawful.

8. Deliverable Ownership

Upon receipt of full payment, all rights, title, and interest in the mastered audio shall vest in you. To the extent Company's mastering work constitutes copyrightable authorship, Company hereby assigns all such rights to you. Company retains no ownership interest in the delivered masters, except for the limited portfolio license granted in Section 11.

9. Payment Terms & Pricing

Payment is required before final delivery of mastered files. All prices are displayed in USD. Payments are processed securely through Stripe.

Pricing Changes: Company reserves the right to modify pricing at any time. Price changes will not affect orders already placed or projects in progress at the time of the change.

10. Refund Policy

Refunds are provided at Company's sole discretion on a case-by-case basis. Once mastering work has begun, refunds are generally not available. To request a refund, contact Masteredbymarshal@gmail.com.

11. Payment Disputes & Chargebacks

Company may withhold delivery of completed work until full payment is received and cleared. If payment fails or is reversed after delivery, your license to use delivered content is automatically revoked until payment is restored. In the event of a payment dispute or chargeback, Company reserves the right to suspend your account and revoke any licenses granted to delivered content until the dispute is resolved.

12. Portfolio & Promotional Rights

By using the Service, you grant Company a non-exclusive, royalty-free, perpetual license to:

• (a) Display and stream your audio content (before and after mastering), including full-length tracks, exclusively on Company's website (masteredbymarshal.com and any successor domains) for portfolio and demonstration purposes;
• (b) Identify you by name or artist name as a client on Company's website, social media, and marketing materials.

This license does NOT permit Company to:

• Upload your audio to third-party platforms (YouTube, SoundCloud, Spotify, etc.)
• Use your audio in paid advertising
• Distribute, sell, or sublicense your audio
• Use your audio in any context other than demonstrating Company's mastering work

Opt-Out: You may opt out of audio usage by providing written notice to Masteredbymarshal@gmail.com BEFORE submitting audio for mastering. Opt-out requests after project submission will be honored for future use only; Company may continue displaying materials already published on the website. Opt-out does not affect Company's right to identify you as a client.

13. Confidentiality

Company agrees to treat all User content as confidential and will not disclose, share, or distribute your audio files to any third party without your prior written consent, except as required by law or as necessary to provide the Service (e.g., secure cloud storage providers).

14. Revisions

Each mastering service includes one (1) revision at no additional charge. Additional revisions may be requested for an additional fee. A “revision” is defined as adjustments to the same source audio. Changes to source audio, significant re-direction, or requests substantially different from the original brief may constitute a new project at Company's discretion.

15. Delivery Timeline

Estimated delivery times are provided for planning purposes only and are not guaranteed. Company shall not be liable for delays in delivery. Delivery timelines may be extended due to volume, complexity, revision requests, or circumstances beyond Company's control.

16. Data Loss Disclaimer

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUP COPIES OF ALL CONTENT UPLOADED TO THE SERVICE. COMPANY IS NOT RESPONSIBLE FOR ANY LOSS, CORRUPTION, OR UNAVAILABILITY OF USER CONTENT, REGARDLESS OF CAUSE. COMPANY'S LIABILITY FOR DATA LOSS IS EXPRESSLY EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

17. Audio File Retention

User audio files (source files and deliverables) are retained for ninety (90) days following project completion. After this period, files may be permanently deleted without notice. You are solely responsible for downloading and backing up all deliverables within this retention period.

18. Indemnification

You shall indemnify, defend, and hold harmless Marshal Rosenberger d/b/a Mastered By Marshal, and any officers, directors, employees, contractors, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorney's fees) arising from:

• (a) Your breach of these Terms or the warranties in Section 7;
• (b) Your violation of any third party's rights, including intellectual property rights;
• (c) Your use of the Service;
• (d) Your audio content.

19. Limitation of Liability

IN NO EVENT SHALL COMPANY'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU TO COMPANY IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.

20. Disclaimer of Warranties

MASTERING IS AN ARTISTIC SERVICE. COMPANY MAKES NO WARRANTY THAT YOU WILL BE SATISFIED WITH THE RESULTS OR THAT THE MASTERED AUDIO WILL ACHIEVE ANY PARTICULAR COMMERCIAL SUCCESS. THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

21. Dispute Resolution

21.1 Informal Dispute Resolution

Before initiating arbitration, the parties agree to attempt to resolve any dispute through good-faith negotiation for thirty (30) days. The aggrieved party shall send written notice describing the dispute to the other party. If the dispute is not resolved within thirty (30) days, either party may proceed to arbitration.

21.2 Binding Arbitration

Any dispute arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration shall take place virtually or in Wilmington, Delaware at Company's election. The arbitrator's decision shall be final and binding. Each party shall bear its own costs; arbitration fees shall be split equally unless the arbitrator determines otherwise.

21.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

21.4 Small Claims Exception

Notwithstanding the foregoing, either party may bring claims in small claims court if the claim qualifies.

22. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

23. Force Majeure

Company shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to: acts of God, natural disasters, pandemics, government actions, war, terrorism, civil unrest, third-party service outages (including but not limited to Supabase, Stripe, Vercel, and cloud providers), internet service disruptions, power outages, or equipment failures.

24. Termination

Company may terminate or suspend your account immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service will cease immediately. You may terminate your account at any time by contacting us.

25. Survival

The following provisions shall survive termination or expiration of these Terms: Intellectual Property (Sections 6-8), Portfolio Rights (Section 12), Confidentiality (Section 13), Indemnification (Section 18), Limitation of Liability (Section 19), Disclaimer of Warranties (Section 20), Dispute Resolution (Section 21), and any provisions that by their nature should survive.

26. Time Limitation on Claims

Any claim arising from these Terms or the Service must be filed within one (1) year after the cause of action accrues. Claims filed after this period are permanently barred.

27. Assignment

Company may assign this agreement in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. You may not assign this agreement without Company's prior written consent.

28. Notices

Company may provide notices by email to the address associated with your account. Notices are deemed received when sent. You are responsible for maintaining current contact information in your account settings.

29. Severability

If any provision of these Terms is held invalid or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.

30. Waiver

Failure by Company to enforce any provision of these Terms shall not constitute a waiver of that provision or Company's right to enforce it at a later time.

31. Entire Agreement

These Terms constitute the entire agreement between you and Company regarding the Service and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, whether written or oral.

32. Contact Information

If you have any questions about these Terms, please contact us: