Terms of Service
These Terms of Service ("Terms") govern your access to and use of CrateDrive (the "Service"), operated by iPixel Media LLC ("CrateDrive," "we," "us," or "our"). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
1. Description of the Service
CrateDrive is a cloud-based backup service designed for DJs and music professionals. The Service allows you to back up your DJ application libraries (including but not limited to Serato, Rekordbox, Traktor, and Engine DJ), audio files, crates, playlists, and related metadata to cloud storage, and to access that content from supported devices.
The Service is provided as a desktop application for Windows and as a web application at cratedrive.com. We reserve the right to add, modify, or remove features at any time.
2. Eligibility and Account Registration
2.1 Eligibility
You must be at least 18 years old to create an account and use the Service. By creating an account, you represent that you are at least 18 years of age and have the legal capacity to enter into these Terms.
2.2 Account Information
You agree to provide accurate, current, and complete information when registering and to keep that information up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. Notify us immediately at support@cratedrive.com if you suspect any unauthorized access to your account.
2.3 One Account Per Person
Each individual may maintain only one personal account. Operating multiple accounts to circumvent storage limits, free-trial restrictions, or other Service limitations is prohibited and may result in termination.
3. Subscription Plans, Billing, and Cancellation
3.1 Plans
The Service is offered on a freemium model. The Starter plan provides 10 GB of cloud storage at no charge. Paid plans (Creator, Producer, Studio) provide increased storage limits and additional features as described on the pricing page at cratedrive.com/pricing.
3.2 Subscription Terms
Paid plans are billed in advance on a recurring monthly or annual basis through our payment processor, Stripe, Inc. By subscribing, you authorize us to charge your payment method for the applicable subscription fees on each billing cycle until you cancel.
3.3 Auto-Renewal
Paid subscriptions automatically renew at the end of each billing period at the then-current rate for your plan unless you cancel before the renewal date. We will not provide separate notice of automatic renewal except where required by applicable law.
3.4 Cancellation
You may cancel your subscription at any time through the customer billing portal accessible from the Service. Cancellations take effect at the end of your current billing period. You will retain access to paid features through the end of that period. No partial or pro-rated refunds are issued for unused time.
3.5 Failed Payments
If a payment fails, we may attempt to retry the charge for up to 14 days. If payment cannot be successfully processed, we may suspend access to paid features and downgrade your account to the Starter plan. Files stored beyond the Starter storage limit may become inaccessible until you upgrade or remove files to fit within the Starter quota; we will not delete your files solely due to a failed payment for at least 30 days after the failure.
3.6 Price Changes
We may change subscription prices at any time. Price changes will not affect your current billing period and will take effect on your next renewal. We will provide at least 30 days' notice of any price increase via email to your account email address.
3.7 Refunds
Except where required by applicable law, all fees are non-refundable. See our Refund Policy for additional detail.
4. Your Content
4.1 Ownership
You retain all ownership rights to the audio files, metadata, crates, playlists, and other content you upload to the Service ("Your Content"). The Service does not claim any ownership of Your Content.
4.2 License to Operate the Service
To provide the Service, you grant CrateDrive a worldwide, non-exclusive, royalty-free license to host, store, copy, transmit, display, and back up Your Content, solely as necessary to operate the Service and provide it to you. This license terminates when you delete Your Content from the Service, except for residual copies held in routine backups for up to 90 days.
4.3 No Resale or Public Distribution
The Service is intended for your personal backup and DJ use. You may not use the Service to publicly distribute, broadcast, or commercially exploit Your Content in a manner that exceeds the rights you hold in that content.
4.4 Responsibility for Your Content
You are solely responsible for ensuring that you have the legal right to upload and store Your Content on the Service. You represent and warrant that you have all necessary rights, licenses, and permissions for any audio recording, composition, artwork, or other material you upload. CrateDrive does not pre-screen Your Content but reserves the right to remove or disable access to any content that violates these Terms, our Acceptable Use Policy, or applicable law.
5. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with our Acceptable Use Policy. Without limitation, you agree not to:
- Upload, store, or share content that infringes the copyright, trademark, or other intellectual property rights of any third party;
- Upload, store, or share content that is unlawful, defamatory, obscene, or that depicts the sexual exploitation of minors;
- Use the Service to store or distribute malware, viruses, or other harmful code;
- Attempt to circumvent storage quotas, rate limits, or other technical controls;
- Access the Service through automated means (bots, scrapers, etc.) except for our published APIs;
- Resell, sublicense, or repackage the Service as part of a commercial offering of your own;
- Interfere with or disrupt the Service, its servers, or its networks;
- Use the Service to facilitate any illegal activity.
We may suspend or terminate accounts that violate these rules, with or without notice depending on the severity of the violation.
6. Intellectual Property
6.1 Our Intellectual Property
The Service, including all software, design, text, graphics, logos, and other content (excluding Your Content), is owned by CrateDrive or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, reverse-engineer, decompile, or create derivative works of any part of the Service without our prior written permission.
6.2 Trademarks
"CrateDrive" and our logos are trademarks of iPixel Media LLC. You may not use them without our prior written consent except to refer to the Service in factually accurate contexts.
6.3 Feedback
If you submit feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use that feedback for any purpose without compensation to you.
7. Copyright Infringement and DMCA
We respect intellectual property rights and respond to clear notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act. If you believe content on the Service infringes your copyright, please review and follow the procedures in our DMCA Policy.
We have a policy of terminating, in appropriate circumstances, the accounts of users who are repeat infringers.
8. Privacy
Your use of the Service is also governed by our Privacy Policy, which describes what data we collect, how we use it, and your rights. By using the Service, you consent to the data practices described in the Privacy Policy.
9. Service Availability and Modifications
9.1 No Guaranteed Availability
We strive to keep the Service available 24/7 but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, technical issues, or events beyond our reasonable control.
9.2 Modifications to the Service
We may modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice before permanently discontinuing a feature that is core to your paid plan.
9.3 Backups Are Not Infallible
While we take reasonable measures to protect Your Content (including redundant storage with cloud storage providers), no backup system is infallible. You are responsible for maintaining your own local copies of irreplaceable files. We are not liable for data loss except as expressly stated in Section 12.
10. Termination
10.1 Termination by You
You may terminate your account at any time by using the account deletion feature in the Service. Account deletion is permanent and results in the deletion of Your Content, ShareLinks, crates, playlists, and other account data as described in our Privacy Policy.
10.2 Termination by Us
We may suspend or terminate your account at any time, with or without notice, for any of the following reasons:
- Violation of these Terms, the Acceptable Use Policy, or applicable law;
- Repeated copyright infringement;
- Non-payment of fees after a reasonable cure period;
- Conduct that creates legal exposure for CrateDrive;
- Discontinuation of the Service (with at least 60 days' notice for paid users).
10.3 Effect of Termination
Upon termination, your right to access the Service ends immediately. You will have 30 days to export Your Content from the Service before it is permanently deleted, except in cases of termination for cause (such as copyright infringement or illegal activity), in which case content may be deleted immediately.
10.4 Survival
Sections 4.4, 6, 11, 12, 13, 14, 15, and 16 survive termination of these Terms.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, CRATEDRIVE AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF MALICIOUS CODE, OR THAT FILES WILL BE PRESERVED WITHOUT LOSS OR CORRUPTION.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CRATEDRIVE OR ITS AFFILIATES, OFFICERS, EMPLOYEES, OR LICENSORS BE LIABLE TO YOU FOR:
(a) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; (b) ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA; (c) ANY DAMAGES IN THE AGGREGATE EXCEEDING THE GREATER OF (i) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (ii) ONE HUNDRED U.S. DOLLARS ($100).
THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT, STATUTE, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.
13. Indemnification
You agree to defend, indemnify, and hold harmless CrateDrive and its affiliates, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
(a) Your use of the Service; (b) Your Content, including any infringement of third-party intellectual property rights; (c) Your violation of these Terms; (d) Your violation of any applicable law or third-party rights.
We reserve the right to assume the exclusive defense of any matter for which you are required to indemnify us, in which case you agree to cooperate with our defense.
14. Dispute Resolution and Governing Law
14.1 Governing Law
These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
14.2 Informal Resolution
Before filing any formal dispute, you agree to first contact us at support@cratedrive.com and attempt to resolve the dispute informally for at least 30 days.
14.3 Arbitration
Any dispute that cannot be resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The arbitration will take place in Hillsborough County, Florida, U.S. or, at your option, telephonically. Each party will bear its own costs except that the arbitration filing fee will be paid by us for claims under $10,000.
14.4 Class Action Waiver
YOU AND CRATEDRIVE AGREE TO BRING CLAIMS AGAINST EACH OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.
14.5 Exception — Small Claims
You may bring an individual claim in small-claims court if it qualifies, in lieu of arbitration.
14.6 Opt-Out
You may opt out of the arbitration and class-action waiver provisions by sending written notice to support@cratedrive.com within 30 days of accepting these Terms. Opt-out will not affect any other provision.
15. Changes to These Terms
We may update these Terms from time to time. We will post the updated Terms on this page and update the "Last updated" date. For material changes, we will provide notice via email to your account address at least 30 days before the changes take effect. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance of the updated Terms.
16. Miscellaneous
16.1 Entire Agreement
These Terms, together with the Privacy Policy, Acceptable Use Policy, DMCA Policy, and Refund Policy, constitute the entire agreement between you and CrateDrive regarding the Service.
16.2 Severability
If any provision of these Terms is held to be unenforceable, the remaining provisions will continue in full force and effect.
16.3 No Waiver
Our failure to enforce any provision of these Terms is not a waiver of that provision or any other.
16.4 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets, with notice to you.
16.5 Notices
We may give you notices through the Service, by email, or by posting to our website. You may give us notice by emailing support@cratedrive.com.
16.6 Force Majeure
Neither party will be liable for delays or failures in performance caused by events beyond reasonable control, including natural disasters, war, terrorism, civil unrest, government action, labor disputes, or failures of third-party providers.
17. Contact
Questions about these Terms? Contact us at:
iPixel Media LLC 15106 Barby Ave., Tampa, FL 33625 Email: support@cratedrive.com