Time to Create the Experience

Virtual Wax Terms

Virtual Wax is a hosted promotional music experience, not a downloadable music file service. To the extent permitted by applicable law, Customer receives commercial usage rights to the generated audio solely as part of brand marketing products and hosted promotional experiences produced by TapTunes, Inc., subject to applicable law and third-party AI provider terms. Downloadable audio files, stems, source files, session files, raw AI output files, and production files are not included unless separately purchased or agreed to in writing.

Customer acknowledges that AI-generated or AI-assisted content may not be unique and may not qualify for copyright protection unless sufficient human creative contribution is present under applicable law. Virtual Wax, TapTunes, Inc., and any third-party AI providers do not guarantee that generated audio, lyrics, images, text, or other AI-assisted content will be unique, exclusive, copyrightable, or free from similarity to content generated for or by other users.

Customer grants TapTunes, Inc. and Virtual Wax a worldwide, royalty-free, non-exclusive license to host, stream, reproduce, encode, display, transmit, modify for formatting, and deliver the generated audio, uploaded audio, artwork, images, logos, text, links, and related materials through the Virtual Wax platform as part of the purchased experience.

Customer represents and warrants that they own or have obtained all necessary rights, licenses, permissions, and clearances to upload, submit, provide, select, use, and authorize TapTunes, Inc. and Virtual Wax to use any content uploaded, submitted, provided, selected, or otherwise made available by Customer, including but not limited to names, brand names, logos, slogans, trademarks, images, photographs, artwork, text, lyrics, prompts, likenesses, URLs, audio, video, and other materials.

Customer further represents and warrants that such content does not infringe, violate, or misappropriate any copyright, trademark, right of publicity, right of privacy, contractual right, or other intellectual property, personal, proprietary, or contractual right of any third party.

Customer agrees to indemnify, defend, and hold harmless TapTunes, Inc., Virtual Wax, and their owners, officers, employees, contractors, vendors, affiliates, partners, successors, and assigns from and against any claims, damages, losses, liabilities, costs, expenses, settlements, judgments, and reasonable attorneys’ fees arising out of or related to Customer’s submitted content, uploaded content, selected content, Customer’s use of the Virtual Wax experience, any breach of these representations and warranties, or any violation of third-party rights.

Optional Downloadable MP3 License

Downloadable MP3 files are not included with the standard Virtual Wax experience. Customers may purchase an optional MP3 download license when available. To the extent permitted by applicable law, the MP3 download includes a copy of the generated audio for use in the Customer’s own brand marketing, social media, websites, presentations, trade show videos, internal promotions, advertising, and related promotional uses, subject to applicable law and third-party AI provider terms.

Unless otherwise agreed to in writing, the downloadable MP3 may not be sold, resold, relicensed, distributed as stock music, uploaded to music distribution platforms as a standalone artist release, registered as a standalone musical work or sound recording, used to train artificial intelligence or machine learning models, or used in any unlawful, misleading, infringing, defamatory, obscene, offensive, or harmful manner.

Refunds, Cancellations, and Production Approval

Because Virtual Wax products may include custom AI-assisted content, personalized brand materials, hosted digital experiences, NFC/QR technology, and/or physical promotional products, all orders are considered custom orders once production has begun.

Customer is responsible for reviewing and approving all submitted content, spelling, brand names, logos, links, artwork, audio, lyrics, messages, and other materials before final production. TapTunes, Inc. and Virtual Wax are not responsible for errors in Customer-submitted or Customer-approved materials.

Cancellations may be accepted only before production, content generation, digital setup, printing, encoding, or fulfillment has begun. Once production has started, orders may be non-refundable in whole or in part, depending on the stage of completion and costs already incurred.

If a proof, preview, or approval step is provided, Customer approval authorizes TapTunes, Inc. and Virtual Wax to proceed with production. Changes requested after approval may result in additional charges, production delays, or reprint costs.

Physical products, including but not limited to NFC-enabled items, QR-enabled items, cards, tags, labels, lanyards, keychains, decorative records, packaging, or other promotional products, may vary slightly in color, size, placement, material, finish, or appearance due to normal production processes, screen display differences, and supplier tolerances.

Governing Law and Dispute Resolution

These Terms and any dispute, claim, or controversy arising out of or relating to the Virtual Wax product, the Virtual Wax platform, any purchase, Customer content, uploaded content, selected content, generated audio, downloadable MP3 license, physical product, or related services shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law rules.

Except for claims that may be brought in small claims court, claims for non-payment, or claims seeking temporary or emergency injunctive relief involving intellectual property, unauthorized use, platform security, misuse of TapTunes, Inc. or Virtual Wax services, or unauthorized use of generated audio or platform content, the parties agree to resolve any dispute through binding arbitration administered by the American Arbitration Association under its applicable rules. The arbitration shall take place in Florida, unless the parties agree otherwise or the applicable arbitration rules require a different location.

Each party agrees to bring claims only in its individual capacity and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding, to the fullest extent permitted by law.

If any part of this dispute resolution provision is found unenforceable, the remaining provisions shall remain in effect to the fullest extent permitted by law.