Terms of Service

By accessing or using SmartMic Karaoke ("the Platform," "SmartMic," "we," "us," or "our"), including all associated websites, mobile applications, APIs, and services, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately cease all use of the Platform.

These Terms constitute a legally binding agreement between you and SmartMic Karaoke. We reserve the right to modify these Terms at any time. Continued use of the Platform after changes constitutes acceptance of the modified Terms.

SmartMic is a proprietary karaoke management platform providing queue management, rotation tracking, singer profiles, venue analytics, promotional tools, AI-powered announcements, and related services for DJs, venues, singers, and event professionals.

The Platform operates with role-based access control. Available roles include but are not limited to: Singer/Member, DJ/Karaoke Host, Venue Owner/Manager, Photographer, Staff, and Administrator. Each role grants specific permissions and access levels as determined solely by SmartMic.

You are responsible for maintaining the confidentiality of your account credentials. You agree to immediately notify SmartMic of any unauthorized use of your account. SmartMic is not liable for any loss arising from unauthorized use of your account.

We reserve the right to suspend or terminate any account at any time, for any reason, including but not limited to violation of these Terms.

4.1 Platform Ownership

The Platform, including but not limited to all software, source code, object code, algorithms, rotation logic, queue management systems, data structures, database schemas, user interfaces, visual designs, branding, documentation, APIs, and all other components (collectively, "Platform IP"), is the exclusive property of SmartMic Karaoke and is protected by copyright, trade secret, and other intellectual property laws.

4.2 Prohibited Activities: Reverse Engineering and Copying

You expressly agree that you will NOT:

• Copy, reproduce, duplicate, or replicate any part of the Platform, including its features, functionality, user interface, workflow, or system architecture
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, rotation logic, queue management logic, or any other proprietary methods of the Platform
• Create derivative works based on the Platform or any of its components
• Build, develop, or assist in the development of any competing product or service that replicates or substantially imitates any feature, functionality, or design of the Platform
• Use knowledge gained from the Platform to design, build, or advise on any similar karaoke management, queue management, or event management system
• Scrape, crawl, harvest, or otherwise extract data, content, or information from the Platform by automated or manual means for purposes of replication or competitive use
• Remove, alter, or obscure any proprietary notices, labels, or markings on the Platform

4.3 DJ and Host Restrictions

DJs, karaoke hosts, and other professional users expressly agree that:

• The rotation algorithms, queue logic, smart positioning systems, and all operational methods of the Platform are trade secrets of SmartMic
• You will not export, document, or otherwise capture the Platform's system logic for use in any other system or service
• You will not share, distribute, or disclose Platform operational methods to third parties, including other software developers, competitors, or system integrators
• Access to DJ admin tools, analytics, and management features is granted as a license to use, not a transfer of ownership or rights

4.4 Venue Restrictions

Venue owners, managers, and staff expressly agree that:

• You will not replicate, imitate, or create a substitute for SmartMic's venue management system, analytics dashboard, coupon system, or any other venue-facing features
• You will not hire or engage any developer, contractor, or service provider to build a system that replicates SmartMic's functionality based on your experience with the Platform
• Venue analytics data, while viewable through the Platform, remains the property of SmartMic and may not be exported in bulk or used to build competing datasets
• Venue branding and customization within the Platform does not transfer any ownership of Platform technology to the venue

4.5 Remedies for Violation

Any violation of this Section 4 shall entitle SmartMic to immediate termination of your account, injunctive relief, and recovery of all damages, including but not limited to actual damages, lost profits, and attorneys' fees. You acknowledge that monetary damages alone would be insufficient to compensate SmartMic for violations of this section and that SmartMic is entitled to seek equitable relief, including injunctions, without the requirement of posting a bond.

5.1 Platform Data

All data generated through the use of the Platform, including but not limited to queue data, rotation records, analytics, singer profiles, song statistics, venue performance data, coupon records, notification logs, and system-generated metadata (collectively, "Platform Data"), is owned exclusively by SmartMic Karaoke.

5.2 User Content

Content you upload (profile photos, bios, media posts) remains yours, but you grant SmartMic a worldwide, royalty-free, non-exclusive license to use, display, reproduce, and distribute such content in connection with the Platform's operation and marketing.

5.3 Data Export & Marketing Use

Certain subscription tiers (DJ Pro + AI, Venue Premium, and above) include access to customer data export tools for remarketing, retargeting, and Facebook Custom Audience creation. Exported customer data (names, emails, visit history) may be used solely for marketing purposes related to YOUR venue events. You agree NOT to sell, redistribute, or share exported customer data with unrelated third parties. SmartMic reserves the right to restrict, limit, or revoke data export access at any time. Unauthorized data extraction, scraping, or bulk export outside of provided tools is strictly prohibited.

5.4 Data Retention

SmartMic retains Platform Data for as long as necessary to provide services and fulfill legal obligations. Upon account termination, SmartMic may retain anonymized and aggregated data indefinitely for analytics and platform improvement purposes.

Access to SmartMic APIs, webhooks, and integration endpoints is granted solely at SmartMic's discretion. API keys and access tokens are confidential and may not be shared, published, or used for any purpose other than authorized integrations with the Platform.

SmartMic reserves the right to revoke API access at any time, rate-limit requests, modify API functionality, or discontinue APIs entirely without notice. You agree not to use API access to build competing products, extract Platform Data in bulk, or circumvent Platform access controls.

SmartMic may use browser-based geolocation (with your permission) to determine your proximity to a venue. This is used for:

• Soft proximity warnings when submitting queue entries from outside a venue's approximate area (~1 mile radius)
• Flagging remote submissions for DJ review (visible to venue staff only)

Geolocation data is NOT stored, tracked, or shared. It is used only at the moment of queue submission and discarded immediately. You may deny location access and still use the platform — remote submissions will simply not trigger a proximity warning.

SmartMic's Walk-Up Song feature allows users to select entrance music for their karaoke performances. By using this feature, you acknowledge:

• Walk-up song search queries are transmitted to Beatport (beatport.com) to retrieve publicly available song metadata. SmartMic does not store or redistribute Beatport content beyond displaying search results.
• When you provide a Spotify URL, it is processed through Spotify's public oEmbed endpoint. SmartMic does not access your Spotify account, library, or listening history.
• Album artwork may be retrieved from Apple iTunes public APIs for display purposes only.
• Walk-up song selections are stored in your SmartMic profile and visible to DJs managing your queue. They are NOT visible to other singers or the general public.
• SmartMic does not host, stream, or distribute any copyrighted music. Walk-up songs are metadata references only (title, artist, album art URL). The actual playback of walk-up music is the DJ's responsibility using their licensed music sources.
• SmartMic assumes no liability for the DJ's use of walk-up song selections. DJs are responsible for ensuring they have proper licenses for any music played at their events.

SmartMic offers optional SMS notifications to alert singers when they are next in the queue rotation. By providing your phone number and checking the consent box, you agree to the following:

• You consent to receive a one-time, transactional SMS message per queue entry notifying you that you are the next singer
• Your phone number will NOT be used for marketing, advertising, promotional messages, or any purpose other than queue position alerts
• SmartMic maintains auditable consent records including timestamp, consent text, phone number, venue, and queue entry ID, in compliance with the Telephone Consumer Protection Act (TCPA)
• You may opt out at any time by replying STOP to any SmartMic message or by not providing your phone number on future queue entries
• SMS messages are delivered through Twilio. Standard message and data rates from your carrier may apply
• SmartMic is not responsible for failed message delivery due to carrier issues, invalid phone numbers, or network outages
• Consent records are retained for regulatory compliance and may be provided to regulators upon lawful request

SmartMic's Crowd Favorite feature allows audience members to vote for singers during live performances. By participating, you acknowledge:

• Votes are public within the context of the current night and rotation
• Vote counts are displayed to all users viewing the live queue
• The singer with the most votes at the end of each rotation receives a bonus song entry and a Crowd Favorite badge
• Voting data (voter identity, target singer, night, rotation) is stored and used for leaderboard tracking
• SmartMic reserves the right to void votes or disqualify entries suspected of vote manipulation

SmartMic uses artificial intelligence for several platform features. By using these features, you acknowledge:

• AI Queue Optimizer: Analyzes queue fairness metrics (wait times, rotation balance, energy flow) and suggests reorders. All AI-driven queue modifications are logged in an audit trail (RotationEvent records) viewable by administrators
• Vocal Coach: Provides personalized singing feedback based on your performance history, song choices, and venue data. Feedback is AI-generated and is not professional vocal instruction
• AI Song Coach: Suggests songs based on your mood, confidence level, and history. Recommendations are AI-generated and may not always match your preferences
• DJ MIC Chatbot: An AI assistant that accesses queue data, song catalogs, and your profile to answer questions and make changes. Conversations may be logged for quality improvement
• AI features use third-party language models. Your performance data and song history may be included in AI prompts but are not used to train third-party models

SmartMic offers an AI-powered karaoke track creation service ("AI Karaoke Creator") that processes user-supplied audio files to generate karaoke videos with synchronized lyrics. By using this service, you agree to the following terms:

6C.1 User-Supplied Content

You must upload your own audio file (MP3, WAV, M4A, or similar). By uploading, you represent and warrant that:

• You own or have obtained all necessary rights and licenses to use the uploaded audio file
• The uploaded content does not infringe any third-party intellectual property, privacy, or publicity rights
• You understand SmartMic processes the audio solely to add a lyrics overlay — SmartMic does not create, modify, or distribute the underlying audio recording

6C.2 Pricing and Commissions

• AI Karaoke tracks are priced at $10 per song
• A $1 DJ commission is credited toward the facilitating DJ's subscription plan
• A $1 venue commission is earned by the venue where the sale originated
• DJ credits are applied monthly against subscription fees and do not carry over or convert to cash
• Venue commissions are tracked and paid or credited per SmartMic's venue partnership terms

6C.3 Output License

• The generated karaoke video is licensed to the purchasing user for personal, non-commercial karaoke use
• You may use the output at any SmartMic-powered karaoke event
• You may NOT redistribute, resell, publicly broadcast, upload to streaming platforms, or sublicense the generated video
• SmartMic retains the right to cache and re-serve generated tracks to future purchasers of the same song

6C.4 Disclaimers

• SmartMic does not guarantee the accuracy of AI-synchronized lyrics. Lyrics may contain errors or omissions
• SmartMic does not provide mechanical licenses, synchronization licenses, or performance licenses. Users and venues are responsible for their own music licensing compliance
• SmartMic reserves the right to refuse or remove any AI Karaoke request that it believes may infringe third-party rights
• Processing times vary. SmartMic does not guarantee delivery timelines

6C.5 Liability

SmartMic assumes no liability for copyright claims arising from user-uploaded audio content. Users indemnify SmartMic against any claims, damages, or costs arising from their use of the AI Karaoke Creator service, including but not limited to claims related to unauthorized use of copyrighted audio recordings.

You agree not to:

• Use the Platform for any unlawful purpose or in violation of any applicable laws
• Harass, abuse, threaten, or intimidate other users
• Upload malicious code, viruses, or harmful content
• Interfere with or disrupt the Platform's infrastructure or other users' access
• Impersonate any person or entity
• Use the Platform to send unsolicited communications (spam)
• Attempt to gain unauthorized access to any part of the Platform, other accounts, or connected systems
• Use automated systems (bots, scripts, crawlers) to access the Platform without express written permission

Certain features of the Platform require a paid subscription. By subscribing, you agree to pay all applicable fees as described on the Platform's pricing page. Subscriptions may be billed monthly or annually as selected.

SmartMic reserves the right to change pricing at any time. Price changes for existing subscribers will take effect at the next billing cycle following notice. Refunds are provided solely at SmartMic's discretion.

Failure to pay may result in suspension or termination of access to paid features.

9.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SMARTMIC DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SMARTMIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, 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, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Platform
• Any conduct or content of any third party on the Platform
• Any content obtained from the Platform
• Unauthorized access, use, or alteration of your transmissions or content
• Any interruption, suspension, or termination of the Platform
• Equipment or venue damage related to karaoke events

9.3 Maximum Liability

IN NO EVENT SHALL SMARTMIC'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO SMARTMIC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

9.4 Essential Basis

YOU ACKNOWLEDGE THAT THE LIMITATIONS OF LIABILITY IN THIS SECTION ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND SMARTMIC AND THAT SMARTMIC WOULD NOT PROVIDE THE PLATFORM WITHOUT THESE LIMITATIONS.

You agree to indemnify, defend, and hold harmless SmartMic and its officers, directors, employees, agents, and affiliates from and against all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any rights of any third party; or (d) your content or data submitted to the Platform.

SmartMic may terminate or suspend your account and access to the Platform immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.

Upon termination: (a) your right to use the Platform immediately ceases; (b) SmartMic may delete your account and associated data; (c) Sections 4, 5, 6, 9, 10, 12, and 13 shall survive termination.

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, United States, without regard to its conflict of law provisions.

Any dispute arising from these Terms or the Platform shall be resolved through binding arbitration in Kansas City, Missouri, under the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration against SmartMic.

Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and SmartMic regarding the Platform.

Severability: If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full effect.

Waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of that provision.

Assignment: SmartMic may assign these Terms without restriction. You may not assign your rights or obligations under these Terms without SmartMic's prior written consent.

Force Majeure: SmartMic shall not be liable for any failure to perform due to circumstances beyond its reasonable control, including natural disasters, acts of government, pandemics, internet disruptions, or third-party service failures.

For questions about these Terms of Service, contact us at:

SmartMic Karaoke

Kansas City, Missouri

Email: legal@smartmickaraoke.com