1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and MIXD Technologies Inc. ("MIXD", "we", "us", or "our") governing your access to and use of the MIXD website, mobile applications, platform, and services (collectively, the "Services").
By accessing or using our Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you must not access or use our Services. We recommend that you print a copy of these Terms for future reference.
2. Changes to Terms
We reserve the right to modify or update these Terms at any time, at our sole discretion. We will notify you of material changes by posting the updated Terms on our website with a revised "Last Updated" date. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.
It is your responsibility to review these Terms periodically. If you do not agree to the revised Terms, you must stop using the Services immediately.
3. Eligibility
You must be at least 13 years of age (or 16 years in certain jurisdictions) to use our Services. By using our Services, you represent and warrant that you meet the minimum age requirement and have the legal capacity to enter into these Terms.
If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not have such authority, you must not accept these Terms or use the Services on behalf of the organization.
4. Account Registration and Security
To access certain features of our Services, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated.
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized access to or use of your account.
We reserve the right to suspend or terminate your account if any information provided is inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that you have violated these Terms.
5. User Content and Conduct
Our Services may allow you to create, upload, post, or share content, including but not limited to profile information, comments, reviews, and other materials ("User Content"). You retain ownership of your User Content, but you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, modify, adapt, and display your User Content in connection with our Services.
You represent and warrant that you own or have the necessary rights to your User Content, and that your User Content does not violate the rights of any third party, including intellectual property rights, privacy rights, or publicity rights.
5.1 Prohibited Conduct
You agree not to use our Services to: (a) violate any applicable law, regulation, or these Terms; (b) infringe upon the intellectual property or other rights of third parties; (c) transmit any harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable content; (d) engage in spamming, phishing, or other deceptive practices; (e) introduce viruses, malware, or other harmful code; (f) interfere with or disrupt the integrity or performance of our Services; (g) attempt to gain unauthorized access to our systems or networks; (h) engage in any activity that could damage, disable, overburden, or impair our Services.
5.2 Content Moderation
We reserve the right, but not the obligation, to review, monitor, or remove User Content at our sole discretion, for any reason or no reason, without notice. We are not responsible for the accuracy, completeness, or quality of User Content.
6. Intellectual Property
All content, features, and functionality of our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, and compilations, are owned by MIXD, its licensors, or other content providers and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial use, subject to these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as permitted by these Terms or with our prior written consent.
The MIXD name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of MIXD Technologies Inc. or its affiliates. You must not use such marks without our prior written permission.
7. Purchases, Subscriptions, and Payments
Our Services may include the ability to purchase physical products, digital content, subscriptions, or other offerings ("Purchases"). All Purchases are subject to these Terms and any additional terms presented at the time of purchase.
You agree to provide current, complete, and accurate billing information for all Purchases. We use third-party payment processors to process payments. By making a Purchase, you authorize us and our payment processors to charge your selected payment method.
All prices are displayed in the applicable currency and do not include taxes, shipping, or handling fees unless otherwise stated. You are responsible for all applicable taxes, duties, and fees associated with your Purchases.
Subscription fees are billed in advance on a recurring basis. You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of the current billing period. We do not provide refunds for partial subscription periods.
8. NFC Products and Phygital Collectibles
MIXD offers NFC-enabled physical products ("NFC Products") that link to digital content and experiences. When you purchase an NFC Product, you are granted a limited license to access the associated digital content, subject to these Terms and any additional license terms provided with the product.
You may not reverse engineer, decompile, or disassemble the NFC technology or associated digital content. You may not transfer, sell, or assign the digital license associated with an NFC Product without our prior written consent.
We reserve the right to modify, update, or discontinue the digital content associated with any NFC Product at any time, without notice. We will make reasonable efforts to maintain access to the core features associated with active NFC Products.
9. Third-Party Services and Links
Our Services may contain links to third-party websites, services, or resources that are not owned or controlled by MIXD. We are not responsible for the content, privacy policies, or practices of any third-party websites or services.
Your use of third-party services is subject to the terms and policies of those third parties. We encourage you to review the terms and privacy policies of any third-party services you interact with.
We may integrate with third-party music streaming platforms, social media services, and other platforms. Your use of these integrations is subject to the respective terms of service and privacy policies of those platforms.
10. Disclaimers and Limitations of Liability
Our Services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title.
We do not warrant that our Services will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that our Services or the servers that make them available are free of viruses or other harmful components.
To the maximum extent permitted by applicable law, in no event shall MIXD, its affiliates, directors, employees, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or in connection with your access to or use of our Services.
Our total liability to you for all claims arising out of or relating to these Terms or your use of our Services shall not exceed the greater of (a) the amount you have paid to us in the twelve (12) months preceding the claim, or (b) one hundred United States dollars ($100.00).
11. Indemnification
You agree to indemnify, defend, and hold harmless MIXD, its affiliates, and their respective officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of our Services; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of a third party; or (e) your conduct in connection with our Services.
12. Termination
We may terminate or suspend your access to our Services, in whole or in part, at any time, for any reason or no reason, with or without notice, including if we have reason to believe that you have violated these Terms.
Upon termination, your right to use our Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including but not limited to intellectual property rights, disclaimers, indemnification, limitations of liability, and dispute resolution.
You may terminate your account at any time by contacting us or deleting your account through your account settings. Termination of your account does not relieve you of any obligations to pay amounts due to us.
13. Governing Law and Dispute Resolution
These Terms and any disputes arising out of or relating to these Terms or your use of our Services 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 principles.
Any dispute, controversy, or claim arising out of or relating to these Terms shall be resolved through binding arbitration in Los Angeles County, California, in accordance with the rules of the American Arbitration Association. You agree to waive any right to a jury trial or to participate in a class action lawsuit.
Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights or confidential information.
14. Severability and Waiver
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, such provision shall be severed from these Terms, and the remaining provisions shall continue in full force and effect.
Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of MIXD.
15. Entire Agreement
These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and MIXD regarding your use of our Services and supersede all prior or contemporaneous agreements, understandings, or communications, whether written or oral, regarding such subject matter.
16. Contact Information
If you have any questions, concerns, or comments about these Terms, please contact us at:
These Terms of Service are effective as of June 3, 2026. For questions about these terms, please contact us at legal@mixd.tech.