TipTune Legal Agreement

Last Updated: 1 April, 2025

This legal agreement governs your access to and use of the TipTune application. By downloading, installing, or using TipTune, you accept and agree to be bound by these terms.

1. Platform Description

TipTune is a mobile application that creates a direct connection between performing musicians, DJs, and their audience. Our platform enables live music fans to browse a performer's available songs, submit requests, and show appreciation through digital gratuities. We facilitate these interactions but are not directly involved in the musical performance or selection decisions.

All content, functionality, and materials within the TipTune application are provided for your legitimate personal usage and enjoyment.

2. Audience Member Obligations

1. Profile Integrity: When creating an account, you must provide factual, current information and maintain the confidentiality of your login credentials.
2. Appropriate Conduct: Communication and interaction within the app must remain courteous and respectful. Harassment, offensive language, or disruptive behavior may result in immediate account restriction or permanent removal.
3. Understanding Request Limitations: While our platform facilitates song requests, the performer retains full artistic discretion regarding which requests they choose to fulfill.

3. Performer Commitments

1. Repertoire Representation: Musicians and DJs must maintain an honest and current representation of their available musical selections.
2. Music Rights Compliance: Performers bear sole responsibility for securing appropriate licensing and permissions for all musical content they offer or perform. TipTune assumes no liability for any copyright infringement or licensing disputes arising from performer activities.
3. Request Management: While TipTune enables audience requests, performers maintain complete artistic freedom to accept, decline, or modify any request based on their discretion, venue limitations, or other considerations.
4. Event-Specific Guidelines: Performers may establish additional parameters for their performances including pricing structures, availability windows, or genre limitations.

4. Financial Arrangements

1. Payment Processing Partnership: TipTune utilizes Stripe for all financial transactions. By using our platform, you acknowledge and consent to the Stripe Connected Account Agreement and Stripe Terms of Service. These agreements may be periodically updated by Stripe, and continued use of TipTune constitutes acceptance of any such changes. You authorize TipTune to share necessary information with Stripe to facilitate payment processing.
2. TipTune Commission: A 10% platform fee is applied to all transactions processed through TipTune. This commission supports ongoing platform maintenance, development, and operational costs.
3. Real-Time Transfers: All digital gratuities and request payments are processed immediately and transferred to the performer's designated payment account, after deduction of the platform commission.
4. No-Refund Policy: Due to the immediate nature of musical performances, all payments processed through TipTune are generally non-refundable. In exceptional circumstances, TipTune may consider refund requests at its sole discretion.

5. External Service Integrations

1. Spotify Functionality: TipTune enhances user experience through Spotify Connect integration. When linking your Spotify account, you agree to Spotify's Privacy Policy and Terms of Use. TipTune bears no responsibility for any issues stemming from Spotify's services or policies.
2. Artificial Intelligence Features: Our song recommendation engine utilizes OpenAI technology. This functionality operates according to OpenAI's Privacy Policy and Terms of Use. TipTune is not liable for any outcomes related to OpenAI's algorithms or services.
3. Financial Transaction Processing: As detailed in Section 4, Stripe handles all payment processing under their applicable terms and conditions.

6. Prohibited Activities

The following actions are expressly forbidden on TipTune:

• Utilizing the application to promote, conduct, or facilitate illegal activities
• Violating intellectual property rights of any party
• Attempting to circumvent security measures or disrupt application functionality
• Falsely representing yourself as another user, performer, or venue
• Using the platform for any purpose other than its intended function of connecting performers and audience members
• Transmitting offensive, harmful, or inappropriate content in requests or communications

Any violation of these prohibitions may result in immediate suspension or permanent termination of your TipTune access without prior notification.

7. Intellectual Property Rights

All intellectual property contained within TipTune—including but not limited to the user interface, visual design, functionality, code, trademarks, and branding elements—is owned exclusively by TipTune or its licensed partners. Users and performers retain ownership rights to original content they contribute to the platform (such as profile information or repertoire listings). Nothing in this agreement transfers ownership or grants license to use TipTune's intellectual property without explicit written permission.

8. Limitation of Liability

1. Performance Discretion: TipTune serves as a technological intermediary and makes no guarantees that performers will fulfill any specific request.
2. Music Licensing: TipTune bears no responsibility for any legal complications arising from performers' failure to secure appropriate music licensing or permissions.
3. Service Reliability: While we strive for optimal performance, TipTune cannot guarantee uninterrupted service and reserves the right to modify or temporarily suspend the application for maintenance or other operational reasons.
4. User Responsibility: Your use of TipTune and reliance on any content or functionality is entirely at your own risk and discretion.
5. Third-Party Services: TipTune assumes no liability for any issues, disruptions, or disputes related to third-party services integrated with our platform, including Stripe, Spotify, and OpenAI.
6. Comprehensive Liability Limitation: To the maximum extent permitted by applicable law, TipTune disclaims all warranties and representations (whether express, implied, or statutory) including fitness for purpose, accuracy, and reliability. We shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages resulting from your use of or inability to use the application.

9. Data Protection

Your TipTune usage is also governed by our Privacy Policy, which is incorporated by reference into this agreement. Please review this document to understand our data collection, storage, and usage practices.

10. Account Termination

TipTune reserves the right to suspend or permanently terminate your access to our platform, without prior notice, for any violation of these terms or for any other reason at our sole discretion.

11. Agreement Updates

We may periodically revise this agreement to reflect changes in our practices, features, or legal requirements. We recommend regularly reviewing these terms for any updates. Material changes will be communicated through the application or via email notification. Your continued use of TipTune following any modification constitutes acceptance of the revised terms.

12. Legal Jurisdiction

This agreement is governed by New Zealand law. Any legal disputes arising from this agreement will be resolved according to applicable New Zealand laws and regulations, and will be subject to the jurisdiction of New Zealand courts.

13. Communication Channels

For questions, concerns, or inquiries regarding this legal agreement, please contact our support team at support@tiptune.com.

By using TipTune, you confirm that you have read, understood, and fully agree to these terms. We hope you enjoy connecting with live music in this innovative way!