Terms of Service

1. About these terms

These Terms of Service ("Terms") form a binding agreement between you and Spike AI, Inc. ("Spike AI", "we", "us"), a company incorporated in the United States, operating Mixio at mixio.music. By creating an account or using the Mixio plugin or website, you agree to these Terms. If you don't agree, do not use the service.

Our Privacy Policy is incorporated into these Terms by reference and governs how we handle your personal data.

2. Beta programme Beta

The Mixio Beta ("Beta") opens in June 2026 and is offered free of charge, subject to availability (limited to 5,000 participants). During the Beta:

• The service is provided "as is" for testing and feedback purposes
• Features, limits, and pricing are subject to change without notice
• We may discontinue or restrict access at any time
• We are not liable for any loss arising from Beta interruptions or changes
• Your feedback may be used to improve Mixio — we won't identify you without your consent

Paid subscriptions will be introduced at full launch (August 2026), at which point these Terms will be updated to reflect commercial terms.

3. Eligibility and account

You must be at least 16 years old and have the legal capacity to enter a binding agreement. By registering, you confirm you meet these requirements.

You are responsible for keeping your account credentials secure and for all activity under your account. Notify us immediately at info@mixio.music if you suspect unauthorised access.

One account per person. You may not share account access unless you hold a plan that explicitly permits multiple seats.

4. Subscriptions and billing

Plans and pricing

Subscription plans and pricing for paid tiers will be announced ahead of full launch in August 2026. We will notify registered users and update these Terms with full pricing details before any paid plans go live. We reserve the right to set and change pricing, with at least 30 days' notice to existing paying subscribers.

Billing

• Subscriptions are billed in advance on a monthly or annual cycle
• Payment is processed securely via Stripe
• All prices are exclusive of applicable taxes (VAT, etc.) unless stated otherwise
• Failed payments may result in service suspension after a grace period

Cancellation and refunds

You may cancel your subscription at any time. Cancellation takes effect at the end of your current billing period — you retain access until then. We do not offer pro-rata refunds for unused periods, except where required by applicable consumer law. If you are a consumer in the UK or EU, your statutory cancellation rights apply.

5. Acceptable use

You agree not to use Mixio to:

• Violate any applicable law or third-party rights (including copyright in audio you upload)
• Upload audio you do not have the right to process
• Attempt to reverse-engineer, decompile, or extract our AI models or algorithms
• Circumvent usage limits, access controls, or authentication mechanisms
• Use the service to train competing AI systems
• Introduce malware, viruses, or harmful code
• Resell or sublicense access to the service without our written consent
• Use automated tools to scrape, crawl, or stress-test the service

We reserve the right to suspend or terminate accounts that violate these provisions, with or without notice depending on the severity of the breach.

6. Intellectual property

Your audio and content

You retain all ownership rights in any audio files, sessions, or content you upload to Mixio. By uploading, you grant Mixio a limited, non-exclusive licence to process your audio solely for the purpose of delivering the service to you. This licence terminates when your session data is deleted in accordance with our Privacy Policy. We do not use your audio to train our AI models.

Mixio outputs

AI-processed audio outputs generated from your sessions ("Outputs") are owned by you. You may use Outputs for any lawful purpose, including commercial release, without restriction or royalty to Mixio.

Mixio platform

All rights in the Mixio platform, website, AI models, algorithms, software, brand, and documentation are owned by Mixio or its licensors. Nothing in these Terms transfers any ownership in the Mixio platform to you. You receive a limited, non-transferable licence to use the service for your own purposes during the term of your subscription.

7. Disclaimer of warranties

The service is provided "as is" and "as available". To the fullest extent permitted by law, Mixio makes no warranties — express, implied, or statutory — including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

We do not warrant that Outputs will meet any specific professional standard, that the service will be uninterrupted or error-free, or that any creative result will be suitable for commercial release without further review. Mixing and mastering involves creative and technical judgement; Outputs are a starting point, not a guarantee.

8. Limitation of liability

To the fullest extent permitted by applicable law, Spike AI's total liability to you in connection with the service shall not exceed the greater of: (a) the total fees paid by you to Spike AI in the 12 months preceding the claim, or (b) $100.

In no event shall Mixio be liable for indirect, incidental, special, consequential, or exemplary damages, including loss of profits, loss of data, loss of revenue, or damage to reputation, even if advised of the possibility of such damages.

Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law. If you are a consumer in the UK or EU, your statutory rights are not affected.

9. Indemnification

You agree to indemnify and hold harmless Mixio and its officers, directors, employees, and advisors from any claims, losses, damages, or expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your use of the service in violation of applicable law; or (c) any third-party claim that audio you uploaded infringes their intellectual property rights.

10. Suspension and termination

We may suspend or terminate your account immediately if you materially breach these Terms, fail to pay fees when due, or if we are required to do so by law. We may also terminate the service on 30 days' notice for any reason.

You may close your account at any time by contacting info@mixio.music. On termination, your licence to use the service ends. Saved project data will be deleted within 30 days of account closure, unless a longer retention period is required by law.

Clauses 6, 7, 8, 9, and 11 survive termination of these Terms.

11. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict of law provisions. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in Los Angeles County, California.

If you are a consumer located outside the United States, you may have additional rights under your local consumer protection laws. Nothing in these Terms is intended to limit rights you cannot waive by contract under applicable law.

12. Changes to these terms

We may update these Terms from time to time. We will notify you of material changes by email at least 14 days before they take effect. Continued use of the service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the service and may cancel your subscription before the new terms take effect.

13. General

• Entire agreement — These Terms (including the Privacy Policy) constitute the entire agreement between you and Spike AI regarding the service and supersede all prior agreements.
• Severability — If any provision is found invalid or unenforceable, the remaining provisions continue in full force.
• No waiver — Failure to enforce any provision does not constitute a waiver of our rights.
• Assignment — You may not assign your rights under these Terms. We may assign ours in connection with a merger, acquisition, or sale of substantially all assets.
• Third parties — These Terms do not confer any rights on third parties.

14. Contact

For any questions about these Terms:
info@mixio.music
Spike AI, Inc., 2381 Rosecrans Ave, Suite 350, El Segundo, CA 90245