1. Introduction

Welcome to Simplekind ("we," "us," or "our"). By purchasing a license from Simplekind, you ("Licensee," "you," or "your") agree to be bound by these Terms of Service. Please read these terms carefully before purchasing any license.

Simplekind provides original music compositions and recordings for licensing to content creators, filmmakers, businesses, and other professionals.

2. License Types

2.1 Standard License ($49 per track)

The Standard License grants you:

• Personal and commercial use rights
• Unlimited views and impressions
• Use on YouTube, social media platforms, and podcasts
• Client projects and commissioned work
• MP3 (320kbps) and WAV file formats
• Perpetual, worldwide license

2.2 Broadcast License ($199 per track)

The Broadcast License includes everything in the Standard License, plus:

• Film, television, and streaming platform rights
• Theatrical distribution rights
• Broadcasting and cable TV rights
• Regional and national advertising
• Priority email support

3. Grant of Rights

Upon purchase and receipt of full payment, Simplekind grants you a non-exclusive, worldwide, perpetual license to:

• Synchronization Rights: The right to synchronize the licensed music with visual content, including but not limited to videos, films, presentations, advertisements, and multimedia projects.
• Master Use Rights: The right to use the specific recording provided by Simplekind.
• Reproduction Rights: The right to reproduce the music as part of your final project.
• Distribution Rights: The right to distribute your project containing the licensed music through the channels specified in your license type.

4. Restrictions

You may NOT:

• Resell, redistribute, or sublicense the music files as standalone audio products
• Register the music with Content ID, Rights Manager, or similar automated copyright systems
• Claim authorship or ownership of the original composition or recording
• Use the music in any way that is defamatory, pornographic, or promotes hatred or discrimination
• Share, transfer, or resell your license to third parties
• Extract or isolate the music from your project for separate use or distribution
• Create derivative musical works (remixes, covers, etc.) without explicit written permission

5. Performance Rights (CRITICAL)

IMPORTANT: This license does NOT include public performance rights. Performance rights remain with the composer/publisher.

What this means for you:

• YouTube, Social Media, Streaming Platforms: Generally covered. These platforms typically have blanket licenses with Performing Rights Organizations (PROs) such as ASCAP, BMI, and SESAC.
• Broadcast TV/Radio: Generally covered. Broadcasters typically maintain blanket licenses with PROs.
• Live Events/Venues: The venue or event organizer is responsible for obtaining appropriate performance licenses from PROs.
• Corporate/Private Screenings: May require additional performance licenses depending on the context and venue.

Your Responsibility: You are responsible for ensuring that appropriate performance licenses are in place for your specific use case. This typically means confirming that the venue, broadcaster, or platform where your content will be performed has the necessary PRO licenses.

For questions about performance rights for your specific use case, please contact us at licensing@simplekind.com.

6. Territory and Term

• Territory: Worldwide
• Term: Perpetual (the license does not expire)
• Revocation: Licenses are irrevocable except in cases of material breach of these terms

7. File Delivery and Downloads

Upon successful payment, you will receive:

• MP3 file (320kbps, high quality)
• WAV file (uncompressed, broadcast quality)
• License certificate with your purchase details

Download links are provided via email immediately after purchase. Please download your files promptly, as download links may expire after a reasonable period (typically 30-90 days). Lost files can be re-downloaded by contacting support.

8. Attribution

Attribution is not required but is appreciated. If you choose to provide credit, please use:

"Music by Simplekind (simplekind.com)"

9. Refund Policy

Due to the nature of digital products, all sales are final. However, we will consider refund requests on a case-by-case basis if:

• Files are corrupt or unplayable (we will first attempt to provide working files)
• You were charged incorrectly
• You accidentally purchased the wrong license type (within 24 hours of purchase)

Refund requests must be submitted to support@simplekind.com within 7 days of purchase.

10. Custom Licensing

For uses not covered by Standard or Broadcast licenses, including but not limited to:

• National or international advertising campaigns
• Exclusive use rights
• Work-for-hire arrangements
• Music modifications or remixes
• Large-scale theatrical releases

Please contact us at licensing@simplekind.com for a custom quote.

11. Liability and Warranties

Warranty: Simplekind warrants that it owns or controls all rights to the music provided and has the authority to grant the licenses offered.

Limitation of Liability: Simplekind's total liability for any claims arising from your use of the licensed music shall not exceed the amount you paid for the license. Simplekind is not liable for indirect, incidental, consequential, or punitive damages.

Indemnification: You agree to indemnify and hold Simplekind harmless from any claims arising from your use of the licensed music in violation of these terms.

12. Termination

If you materially breach these terms, Simplekind may terminate your license. Upon termination, you must:

• Cease all use of the licensed music
• Remove the music from all active projects and distributions
• Delete all copies of the music files

Content created and distributed prior to termination may remain in circulation (we understand that removing published content is often impractical), but no new uses are permitted after termination.

13. Changes to Terms

Simplekind reserves the right to modify these Terms of Service at any time. Changes will be effective upon posting to our website. Your continued use of our services after changes are posted constitutes acceptance of the modified terms.

However, any changes will not affect licenses already purchased. Your existing licenses will remain governed by the terms in effect at the time of purchase.

14. Governing Law

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

15. Contact Information

For questions about these Terms of Service or our licenses, please contact us: