These Terms of Service (these "Terms") are an agreement between Flatfiv LLC, an Arizona limited liability company ("Flatfiv," "we," or "us"), and you. They govern your use of the online marketplace operated by Flatfiv, including its websites and related services (the "Marketplace"), and every purchase you make on it. By creating an account, making a purchase, or otherwise using the Marketplace, you agree to these Terms and to our Refund Policy and Copyright Policy, which are part of these Terms. Our Privacy Policy explains how we handle your personal information.
Please read Section 16 carefully. It requires most disputes to be resolved through individual arbitration instead of in court, waives class actions, and explains how to opt out.
Key Terms
| Topic | Summary |
|---|---|
| Purchases | One-time purchases in US dollars. There are no subscriptions and no automatic renewals (Section 3). |
| Your license | Buying a Product gives you a license to use it, not ownership of it (Section 4). |
| Access | You keep access to the Products you buy for as long as we operate the Marketplace (Section 5). |
| Refunds | You may request a refund within 30 days of purchase (Section 6 and our Refund Policy). |
| Creators | Products are made by independent Creators, who receive the name and email address of their buyers. For video courses, you may opt out at checkout (Section 7). |
| Disputes | Most disputes are resolved through individual arbitration, and you may opt out within 30 days (Section 16). |
This summary is provided for convenience. If it differs from the sections below, the sections below control.
1. The Marketplace
1.1 The Marketplace offers digital music products, such as video courses, sample packs, presets, sheet music, and transcriptions (each, a "Product"), made by independent musicians, educators, and producers (each, a "Creator").
1.2 Flatfiv is the seller of record for every Product sold on the Marketplace. We process your payment, deliver your Product, and provide customer support.
1.3 Creators make their own Products and are responsible for their content. We review Products before listing them, but we do not guarantee the accuracy of any instruction or any particular result from it. Your use of instructional content, including practice routines and playing techniques, is at your own risk.
1.4 Creators sell on the Marketplace under a separate agreement with Flatfiv. When a Creator uses the Marketplace as a visitor or buyer, these Terms apply to them as well.
2. Eligibility and Accounts
2.1 You must be at least 18 years old to create an account or make a purchase, or at least 13 years old with the permission and supervision of a parent or legal guardian who agrees to these Terms on your behalf. The Marketplace is not directed to children under 13, and they may not use it.
2.2 We use passwordless sign-in. Each time you sign in, we email you a one-time code. Your account is tied to your email address, so keep access to that email account secure and do not share sign-in codes with anyone. You are responsible for activity on your account.
2.3 Your account is for your personal use. You may not share, sell, or transfer it.
2.4 Please keep your email address current. We send receipts, sign-in codes, and important notices to it.
3. Purchases and Payment
3.1 Creators set the prices of their Products. Prices are shown in US dollars and may change at any time, but the price shown at checkout is the price you pay.
3.2 Prices do not include sales tax, VAT, or similar taxes. Where we are required to collect tax, we calculate it and show it at checkout before you pay.
3.3 All purchases are one-time purchases. We do not offer subscriptions, and nothing on the Marketplace renews or charges you automatically.
3.4 Payments are processed by our payment processor, Stripe. We do not receive or store your full card number. By paying, you confirm that you are authorized to use the payment method you provide.
3.5 If a Product is listed at an incorrect price because of an error, we may cancel the order and refund your payment. We will tell you if we do.
3.6 Some Products are free. These Terms apply to free Products in the same way as to paid Products.
3.7 After a purchase, we send a receipt to your email address, and the Product appears in your library.
4. Your License to Products
4.1 When you buy a Product, you buy a license to use it, not ownership of it. The Creator, or whoever licensed the Product to the Creator, keeps all ownership of the Product.
4.2 Subject to these Terms, each Product you buy comes with a personal, non-exclusive, non-transferable license, as follows:
- (a) courses, lessons, sheet music, transcriptions, and other learning materials may be used for your own personal, non-commercial purposes; and
- (b) sample packs, loops, presets, and similar production tools may be used royalty-free in your own music and productions, including commercial releases.
4.3 Under either license, you may not resell, share, sublicense, or redistribute a Product itself, whether as-is or repackaged. For example, you may not share course videos or files with others, post them online, or include a Product's samples or presets in a sample pack, preset bank, or similar product of your own.
4.4 Some Products come with the Creator's own license terms, which are shown on the Product's listing. For those Products, the Creator's terms replace Sections 4.2 and 4.3.
4.5 You may not use any Product, in whole or in part, to train, fine-tune, or develop an artificial intelligence or machine learning model.
4.6 Your license to a Product ends if the purchase is refunded under Section 6 or your account is terminated under Section 12.2.
5. Access and Updates
5.1 You will keep access to the Products you buy for as long as Flatfiv operates the Marketplace, even if a Creator later stops selling a Product or leaves the Marketplace.
5.2 Course videos are streamed and are not available for download unless the listing says otherwise. Downloadable files may be downloaded from your library as often as you like while you have access, and we recommend keeping your own copies.
5.3 If a Creator uploads an updated version of a Product you own, you will receive the update, unless the Creator releases it as a separate Product.
5.4 We may be required to remove a Product from the Marketplace, including from buyers' libraries, for legal reasons, such as a valid copyright claim. If that happens to a Product you bought, we will notify you and, where appropriate, offer a refund or credit.
5.5 If we ever decide to close the Marketplace, we will give you at least 30 days' notice by email so that you can download the files you have purchased.
5.6 We work to keep the Marketplace available, but it may occasionally be unavailable for maintenance or for reasons outside our control.
6. Refunds and Chargebacks
6.1 You may request a refund of any Product within 30 days of purchase, as described in our Refund Policy.
6.2 When a purchase is refunded, your license to that Product ends, the Product is removed from your library, and you agree to delete any files you downloaded from it.
6.3 If you have a problem with a purchase, please contact us before disputing the charge with your bank. If a payment is reversed through a chargeback, we may remove the Product from your library.
7. Creators and Your Information
7.1 When you buy a Product, we share your name and email address with its Creator so that they can stay in touch with you. For video courses, you may opt out of this sharing at checkout, and your choice does not affect your purchase. You may also ask us at any time to stop sharing your information with a Creator, as described in our Privacy Policy.
7.2 Creators who receive your information must use it only to communicate with you about themselves and their work, must honor your requests to unsubscribe, and may not sell it.
8. Acceptable Use
You agree not to:
- (a) share your account or sign-in codes, or access another person's account;
- (b) copy, download, record, or capture streamed content, except through features we provide;
- (c) circumvent, disable, or interfere with any security or access-control feature of the Marketplace;
- (d) scrape, crawl, or use automated means to access the Marketplace or collect information from it, except for search engines indexing public pages;
- (e) upload or transmit viruses or other harmful code;
- (f) use the Marketplace to break the law or to infringe anyone's rights;
- (g) harass, threaten, or abuse Creators, other users, or our staff; or
- (h) interfere with the operation of the Marketplace or place an unreasonable load on it.
9. Intellectual Property
9.1 Flatfiv or its licensors own the Marketplace, including its design, software, text, and our name and logo. Creators or their licensors own the Products. Except for the licenses in Section 4, these Terms do not give you any rights in the Marketplace or in any Product.
9.2 If you send us suggestions or feedback, we may use them without any obligation to you.
10. Copyright Complaints
We respect the rights of Creators and other copyright owners. If you believe that content on the Marketplace infringes your copyright, please follow the process in our Copyright Policy. In appropriate circumstances, we terminate the accounts of repeat infringers.
11. Third-Party Services
The Marketplace relies on third-party services, including Stripe for payments and providers that deliver our videos and files. Your use of those services may be subject to their own terms. Links to other websites, such as a Creator's own website, are provided for convenience, and we are not responsible for their content.
12. Suspension and Termination
12.1 You may stop using the Marketplace at any time, and you may ask us to delete your account as described in our Privacy Policy. Deleting your account ends your access to your Products.
12.2 We may suspend or terminate your account if you materially breach these Terms, such as by sharing Products or your account, or if the law requires us to. Where appropriate, we will tell you why. If we terminate your account for a breach, your licenses end, and you are not entitled to a refund except where the law requires one.
12.3 Sections 4.3, 4.5, 9, and 13 through 18 continue to apply after your account ends.
13. Disclaimers
The Marketplace and all Products are provided "as is" and "as available." To the fullest extent permitted by law, Flatfiv disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not promise that any Product will produce a particular result, that the Marketplace will be uninterrupted or error-free, or that any content will be free of mistakes. Some jurisdictions do not allow these disclaimers, so they may not apply to you.
14. Limitation of Liability
14.1 To the fullest extent permitted by law, Flatfiv will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or lost goodwill, arising from these Terms, the Marketplace, or any Product, even if we were told they were possible.
14.2 To the fullest extent permitted by law, Flatfiv's total liability for all claims arising from these Terms, the Marketplace, or any Product is limited to the greater of (a) the amount you paid us in the 12 months before the claim arose and (b) $100.
14.3 These limits do not apply to liability that cannot be limited under applicable law.
15. Indemnification
If you use the Marketplace in violation of these Terms or the law, or in a way that infringes anyone's rights, you will defend Flatfiv against any resulting third-party claim and cover Flatfiv's resulting losses, including reasonable attorneys' fees.
16. Dispute Resolution
16.1 Most concerns can be resolved quickly by emailing us at contact@flatfiv.com. If you have a dispute with Flatfiv, you agree to first send us a written description of it at that address, including your name, the email address on your account, and the relief you are seeking. We will do the same if we have a dispute with you. Both parties will try in good faith to resolve the dispute informally for at least 30 days before starting an arbitration or a lawsuit.
16.2 Except as provided in Sections 16.4 and 16.6, you and Flatfiv agree to resolve any dispute arising from or relating to these Terms, the Marketplace, or any Product through binding individual arbitration instead of in court. The American Arbitration Association (the "AAA") will administer the arbitration under its Consumer Arbitration Rules, which also govern the payment of arbitration fees. The arbitration may be conducted by video conference or, if an in-person hearing is required, in the county where you live. The arbitrator may award the same individual relief that a court could award, and the arbitrator's decision is final, subject only to the limited review permitted by the Federal Arbitration Act, which governs this Section 16.
16.3 You and Flatfiv may bring claims against each other only in an individual capacity, and not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator may not consolidate claims or award relief to anyone other than the individual party. If this Section 16.3 is found unenforceable as to a particular claim, that claim will be decided by a court and not in arbitration.
16.4 Either party may instead bring an individual claim in small-claims court if the claim qualifies, and either party may ask a court to stop the infringement or misuse of intellectual property.
16.5 If 25 or more similar demands for arbitration are filed against Flatfiv by the same or coordinated counsel or organizations, the AAA's supplementary rules for mass arbitrations will apply, and the demands may be administered and resolved in batches.
16.6 You may opt out of this agreement to arbitrate by emailing contact@flatfiv.com within 30 days after you first agree to these Terms, with your name, the email address on your account, and a clear statement that you are opting out of arbitration. Opting out does not affect any other part of these Terms.
16.7 These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-law rules, and Section 16 is also governed by the Federal Arbitration Act. Any claim that is not arbitrated or brought in small-claims court will be brought in the state or federal courts located in Arizona, and both parties consent to the jurisdiction of those courts. Nothing in these Terms limits any consumer protection rights you have under the laws of the place where you live.
17. Changes to These Terms
We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Marketplace before they take effect. The updated Terms apply to your use of the Marketplace after they take effect. Updates will not reduce your license to Products you bought before the update, and they will not apply to disputes that arose before the update.
18. General Provisions
18.1 These Terms, together with the policies they reference, are the entire agreement between you and Flatfiv regarding the Marketplace.
18.2 Flatfiv may assign these Terms in connection with a merger, acquisition, or sale of the Marketplace business. You may not assign these Terms without our written consent.
18.3 If any provision of these Terms is found unenforceable, that provision will be limited or removed only to the extent necessary, and the rest of these Terms will remain in effect.
18.4 Our failure or delay in enforcing any provision of these Terms does not waive our right to enforce it later.
18.5 Neither party is responsible for delays caused by events beyond its reasonable control.
18.6 Headings and the Key Terms summary are for convenience only. "Including" means "including but not limited to."
18.7 You can reach us, including for legal notices, at contact@flatfiv.com or by mail at Flatfiv LLC, 401 West A Street, Suite 200, San Diego, California 92101.