Terms of Service

Introduction

Welcome to Marshy, a DJ request platform operated by MARSHY LABS S.L.U. These Terms of Service govern your use of our service and constitute a legal agreement between you and the platform.

1. Acceptance of Terms

By accessing or using our DJ request platform ("Service"), you agree to be bound by these Terms of Service ("Terms").

• If you are using the Service on behalf of an organization, you agree to these Terms on behalf of that organization.
• You must be at least 18 years old to use this Service. By using the Service, you represent that you meet this age requirement.

2. User Accounts

2.1 Account Creation

• You must create an account to use certain features of the Service.
• You are responsible for maintaining the confidentiality of your account credentials.
• You agree to provide accurate, current, and complete information during registration.

2.2 DJ Verification Requirements

• DJs must add a bank account to receive weekly payouts.
• DJs may be required to verify their identity via Instagram or other social platforms.
• US-based DJs must provide tax information (W-9 form) as required by law.

3. Service Description

Our platform provides the following services:

• Connects users with DJs during live sessions for song requests
• Users can browse available DJs, make song requests, and pay for accepted requests
• DJs can accept or decline requests at their discretion
• The platform integrates with Spotify for music catalog access

4. Payments and Fees

4.1 Payment Processing

• All payments are processed through Stripe, our third-party payment processor.
• Payment is authorized when requested, captured when DJ accepts.
• DJs receive 82-93% of each payment after platform commission.
• Refunds are issued if a DJ fails to fulfill an accepted request.

4.2 Dynamic Commission Structure

The platform charges a tier-based commission rate (7-18%) based on DJ monthly earnings:

4.3 Tier Retention System

• Tier upgrades apply immediately when threshold is reached
• Tier downgrades are deferred to the next month
• Monthly earnings reset, but earned tiers are retained

4.4 VAT and Taxes

• Platform commission includes Spanish VAT (21%) for applicable transactions
• DJs are responsible for any applicable taxes on their earnings
• Non-Spanish DJs may be subject to different VAT rules (reverse charge for EU B2B)

4.5 Multi-Currency Support

• We support 24 currencies with automatic EUR conversion for tax compliance
• DJs receive payouts via weekly bank transfers (every Monday)

5. User Conduct

All users must adhere to the following conduct guidelines:

• ❌ Users must not request inappropriate, offensive, or illegal content
• ❌ Harassment of DJs or other users is strictly prohibited
• ✅ Users must respect venue rules and local regulations
• ❌ Fraudulent payment attempts will result in immediate account termination
• ✅ DJs must fulfill accepted requests or issue appropriate refunds

6. Intellectual Property

6.1 Music Licensing

• DJs are responsible for having appropriate licenses to play music publicly
• Users acknowledge that song availability depends on Spotify's catalog and licensing

6.2 Platform Content

• The platform logo, design, and features are proprietary and protected by copyright
• User-generated content remains the property of the respective users

7. Privacy and Data

7.1 Data Collection

• We collect and process data as described in our Privacy Policy
• Location data is used to connect users with nearby DJs and venues
• Payment information is securely processed by Stripe and not stored on our servers

7.2 Data Usage

• DJs' performance data may be used to improve platform recommendations
• See our Privacy Policy for complete details on data handling

8. Liability and Disclaimers

8.1 Service "As Is"

• The Service is provided "as is" without warranties of any kind
• We are not responsible for DJ performance quality or venue conditions

8.2 Limitation of Liability

• We are not liable for any indirect, incidental, or consequential damages
• Our total liability is limited to the amount of fees paid by you in the last 12 months

9. International Use

9.1 Global Availability

• The Service is available worldwide, subject to local laws and regulations
• Users are responsible for compliance with local laws regarding public performances

9.2 Currency and Fees

• Currency conversion fees may apply for international transactions
• Some features may be limited or unavailable in certain regions

10. Termination

10.1 Account Termination

• We may terminate or suspend your account for violations of these Terms
• You may delete your account at any time through the app settings

10.2 Data Retention After Termination

• Upon account deletion, personal data is removed within 30 days, except data retained for legal compliance
• Transaction records are kept for 7 years for tax and legal obligations
• Upon termination, pending payouts will be processed according to our standard schedule

10.3 Survival of Terms

Certain provisions of these Terms survive termination, including liability limitations

11. Changes to Terms

11.1 Updates

• We may update these Terms from time to time
• Significant changes will be notified via email or in-app notification

11.2 Acceptance

• Review the "Last Updated" date to see when changes were made
• Continued use after changes constitutes acceptance of the new Terms
• You can always review the current Terms within the app

12. Contact Information

For questions or concerns about these Terms:

Additional Legal Information

Governing Law

These Terms are governed by the laws of Spain. Any disputes shall be resolved in the courts of Spain.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

Entire Agreement

These Terms constitute the entire agreement between you and MARSHY LABS S.L.U. regarding the Service.

No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Summary of Key Terms

For your convenience, here's a quick summary: