Terms & Conditions

1. About emaBeats

emaBeats ("the Platform", "we", "us", "our") operates the website emabeats.com, an online marketplace that connects music producers ("Producers") with artists and buyers ("Artists", "you", "Buyers") for the licensing of instrumental music ("Beats").

emaBeats is a facilitator and intermediary only. We do not create, own, or claim any rights to the music listed on the Platform. All Beats remain the intellectual property of the Producer who uploaded them. We provide the marketplace, streaming, payment processing, and licensing infrastructure that enables transactions between Producers and Artists.

2. Eligibility & Accounts

• You must be at least 16 years of age to create an account or transact on emaBeats.
• You are responsible for the accuracy of the information you provide and for keeping your account credentials secure.
• You are responsible for all activity that occurs under your account.
• emaBeats may suspend or terminate any account that violates these Terms, at our sole discretion.

3. Licensing — What You Are Actually Buying

When you purchase a Beat on emaBeats, you are purchasing a licence to use that Beat — not ownership of the Beat or its underlying copyright. The copyright in every Beat remains with the Producer. Every Beat is sold under one of two licence types, chosen by the Producer:

3.1 Basic Licence (Non-Exclusive)

• A non-exclusive licence: the same Beat may be licensed to other Buyers as well. You do not receive sole or exclusive rights.
• You receive a tagged MP3 (streaming preview) and access to a high-quality WAV file supplied by the Producer via a download link.
• In music terms: a Basic Licence typically allows you to record over the Beat, release the resulting song, and perform it, on a shared, non-exclusive basis. Because the Beat remains available to others, more than one artist may release music using the same instrumental.
• The Beat remains listed and available for sale on the Platform after your purchase.

3.2 Exclusive Licence

• An exclusive licence: once you purchase it, the Beat is permanently removed from sale on emaBeats and cannot be bought by anyone else going forward.
• You receive the streaming MP3 and, where applicable, the stems / trackout files (a ZIP of the individual sound layers) supplied by the Producer via a download link.
• In music terms: an Exclusive Licence grants you sole rights to use that Beat going forward, so no new buyers can licence it after you. Note that this does not automatically retract or cancel any Basic Licences the Producer may have already sold for that same Beat before it became exclusive — it prevents future sales.
• Exclusive rights and their exact scope are defined by the Producer and by any usage requirements attached to the Beat.

3.3 Producer Usage Requirements

Producers may attach their own individual usage requirements to a Beat (for example, "Producer must be credited as 'prod. by [name]' in the title" or similar). By purchasing a Beat, you agree to comply with that Producer's stated usage requirements in addition to the licence type. These requirements are shown at purchase and included in your licence certificate.

4. Payments & Fees

All payments are processed through MTN Mobile Money (MoMo) via our payment partner, SwaziGist. By making a payment you also agree to the payment partner's applicable terms.

• Platform Fee (Buyers): A platform fee of 2% of the Beat price is added to your total at checkout. This supports the running of the Platform.
• MoMo Transaction Fees: MTN Mobile Money charges its own transaction fees, which are separate from and additional to the emaBeats platform fee. These are deducted by MoMo, not by emaBeats. You are responsible for ensuring you have sufficient funds to cover the Beat price, the 2% platform fee, and any MoMo transaction fee.
• Producer Commission: emaBeats retains a 5% commission on each sale, deducted from the Producer's earnings (not charged additionally to you).
• All prices are displayed in Emalangeni (E / SZL).

5. Discounts & Promotions

Producers may offer promotional deals (for example, "Buy 2, Get 1 Free" bundles) on eligible Basic Beats. Where a deal applies, the discount is calculated and shown at cart. Fees and commissions are calculated on the discounted amount actually paid. Free Beats obtained through a promotion generate no earnings for the Producer and no commission for the Platform, but are still fully licensed to you. Promotions are set and controlled by the Producer and may expire or change at any time.

6. Delivery of Files

• Streaming MP3s and, where applicable, download links are delivered to your account and by email upon successful payment.
• High-quality WAV files (Basic) and stems/trackouts (Exclusive) are delivered via Producer-provided download links (e.g. Google Drive, Mega, MediaFire).
• Producers are required to make these files available, and where a file is requested and not already linked, to deliver it within 24–48 hours of request.
• If a Producer fails to deliver, you may request assistance from emaBeats (see Disputes below). Producers who repeatedly fail to deliver may be penalised or banned.

7. Refunds

All sales are final. Because Beats are digital goods delivered instantly, we do not offer refunds as a matter of right. As a courtesy, emaBeats may consider a refund or resolution in exceptional cases (for example, a Beat that is never delivered), entirely at our sole discretion. Nothing in this section creates an obligation on emaBeats to provide a refund.

8. Disputes Between Artists & Producers

emaBeats is a marketplace facilitator and is not a party to the licence agreement between you and the Producer. We are not liable for, and not obligated to resolve, disputes between Artists and Producers.

However, as a courtesy, emaBeats may assist by contacting the Producer on your behalf, mediating informally, and — where a Producer is found to have misused the Platform, failed to deliver, uploaded stolen content, or otherwise breached these Terms — suspending or permanently banning that Producer. Any such assistance is provided at our discretion and is not a guarantee of any particular outcome.

9. Intellectual Property & Your Responsibilities

• All Beats remain the intellectual property of their respective Producers. emaBeats claims no ownership.
• You must use each Beat strictly within the bounds of the licence you purchased and the Producer's usage requirements.
• You may not resell, redistribute, or sub-license a Beat as a standalone instrumental, or claim the underlying composition as your own.
• You may not remove or bypass producer tags on streaming previews, or use un-licensed (preview) versions in released music.

10. Prohibited Conduct

You agree not to use emaBeats to: distribute unlicensed or infringing content; commit fraud or launder money; harass, abuse, or mislead other users; attempt to circumvent payment or fees; or violate any applicable law of the Kingdom of Eswatini.

11. Limitation of Liability

The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, emaBeats is not liable for any indirect, incidental, or consequential damages, for disputes between users, for the commercial performance of any Beat, or for losses arising from downtime, payment-partner issues, or file-delivery failures by Producers. Our total aggregate liability for any claim shall not exceed the amount you paid in the transaction giving rise to the claim.

12. Changes to These Terms

We may update these Terms from time to time. Material changes will be reflected by the "Last updated" date above. Continued use of the Platform after changes constitutes acceptance of the revised Terms.

13. Governing Law

These Terms are governed by the laws of the Kingdom of Eswatini. Any dispute arising from these Terms or your use of the Platform shall be subject to the jurisdiction of the courts of Eswatini.

14. Contact

Questions about these Terms can be sent to support@emabeats.com.

By creating an account or making a purchase on emaBeats, you confirm that you have read, understood, and agree to these Terms & Conditions.