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​Terms of Service

Effective Date: January 1, 2026
Last Updated: March 26, 2026

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Welcome to SMAX Productions, LLC ("SMAX," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of smaxproductions.com and all related pages, forms, scheduling tools, embedded content, and communications made available through the website (collectively, the "Site").

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By accessing or using the Site, submitting an inquiry, scheduling a consultation, providing contact information, or otherwise interacting with the Site, you agree to these Terms. If you do not agree, do not use the Site.

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1. Who May Use the Site

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The Site is intended for adults age 18 and older, including parents or legal guardians of minor artists.

If you are under 18, you may use the Site or submit information through the Site only with the permission and involvement of your parent or legal guardian.

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If you are under 13, you should not submit personal information to us directly through the Site. Instead, your parent or legal guardian must contact us or submit information on your behalf.

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We do not market the Site or our services to children under 13 as a primary audience.

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2. Purpose of the Site

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The Site is intended to provide general information about SMAX and to allow prospective clients to contact us, submit inquiries, and book consultations. The Site itself does not currently process direct online purchases of services unless we expressly state otherwise.

Any production, songwriting, recording, editing, mixing, mastering, consulting, coaching, or related services will be governed by a separate proposal, invoice, service agreement, or other written terms between you and SMAX.

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3. No Guarantee of Results

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Music and creative services are subjective and depend on many factors beyond our control. We do not guarantee any specific artistic, commercial, release, streaming, marketing, social media, label, publishing, or financial result from use of the Site or from our services.

Testimonials, examples, case studies, portfolio samples, and prior results are illustrative only and do not guarantee similar outcomes.

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4. No Service Relationship from Website Contact Alone

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Submitting a form, sending us a message, booking a consultation, or otherwise contacting us through the Site does not by itself create a long-term service relationship, partnership, employment relationship, agency relationship, fiduciary relationship, or exclusive arrangement.

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A service relationship begins only when both parties agree to work together under separate written terms and any required payment is made.

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5. Accuracy of Information

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You agree that any information you submit through the Site will be true, accurate, current, and complete. You are responsible for ensuring that any information, files, project details, or contact information you provide are accurate and lawful to share.

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6. Acceptable Use

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You agree not to:

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  • use the Site in violation of any applicable law or regulation;

  • interfere with the Site's operation or security;

  • upload or transmit malicious code, malware, or harmful content;

  • impersonate another person or misrepresent your identity or authority;

  • infringe any intellectual property, privacy, publicity, contractual, or other rights;

  • attempt to gain unauthorized access to any part of the Site or related systems;

  • scrape, copy, reproduce, frame, or exploit the Site beyond ordinary permitted use.

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7. Client Materials and Permissions

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If you provide us with music, lyrics, stems, recordings, reference tracks, notes, images, artwork, project details, or other materials (collectively, "Client Materials"), you represent and warrant that:

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  • you own or control the rights necessary to provide those materials to us;

  • our review, storage, use, editing, and processing of those materials for your requested services will not violate any law or third-party rights; and

  • the Client Materials do not contain unlawful, infringing, defamatory, or malicious content.

 

You grant SMAX a non-exclusive, worldwide, royalty-free license to use, reproduce, store, transmit, modify, and process Client Materials solely as reasonably necessary to respond to your inquiry, perform requested services, maintain business records, and exercise any rights granted in these Terms or a separate project agreement.

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8. Ownership of Deliverables and Rights

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Unless a separate written agreement states otherwise, the following terms apply to SMAX projects:

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Your Rights

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Once all required payments have been made in full, you retain full usage rights and final copyright ownership in the final approved song and sound recording created as part of the project, including the final masters and approved deliverables.

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Our Rights

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SMAX retains ownership of its pre-existing materials, templates, production methods, workflows, know-how, and tools.

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SMAX also retains the right to reference the project and use reasonable portions or elements of the project for portfolio, educational, promotional, and case-study purposes, including artist name, project title, excerpts, artwork, and project description, unless otherwise agreed in writing.

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Credits

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You agree that SMAX Productions may be credited, where applicable, as producer, engineer, mixing engineer, mastering engineer, and co-writer if applicable. We also request that any additional musicians who performed on the recording be credited whenever reasonably possible.

 

No Transfer Until Payment Is Complete

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No ownership rights in final deliverables transfer to you until all applicable amounts owed to SMAX have been paid in full.

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9. Consultations, Quotes, and Project Scope

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Any quotes, estimated timelines, creative direction, or project scope discussed through the Site or during an initial consultation are preliminary unless confirmed in a separate written agreement.

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Project turnaround times may be affected by responsiveness, revisions, file quality, scope changes, technical issues, illness, third-party delays, or events outside our reasonable control.

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10. Deposits, Refunds, and Cancellation

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Deposits

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Your deposit is fully refundable up until the point we begin work on your song, which is typically after the kickoff call. If you decide during or before the kickoff call that you do not want to proceed, we will generally refund your deposit.

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Cancellation by You

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You may cancel services with SMAX at any time for any reason. If you cancel, you remain responsible for any unpaid balance for services already rendered. Other than that, SMAX does not charge a separate cancellation fee under these website terms.

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If a project is canceled mid-way, we will provide any completed work that has been paid for up to that point, in its then-current state.

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Cancellation by SMAX

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SMAX reserves the right to cancel services at any time for any reason. If we cancel, we will either:

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  • finish all services already paid for; or

  • refund amounts paid for incomplete services not yet rendered.

 

Cooperation

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Both parties agree to give as much advance notice as reasonably possible before cancellation so resources and schedules can be adjusted.

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11. Communications Consent

 

By submitting your contact information through the Site, you consent to receive communications from SMAX related to your inquiry, consultation, account, project, scheduling, and services by email, phone, and text message, as permitted by law.

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If you opt in to receive marketing or promotional emails or text messages, you agree that:

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  • consent to receive marketing communications is not a condition of purchasing any goods or services;

  • message frequency may vary;

  • message and data rates may apply to text messages;

  • you may opt out of promotional emails by using the unsubscribe link in the message; and

  • you may opt out of promotional texts by replying STOP.

 

Even if you opt out of marketing communications, we may still send transactional or service-related messages.

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A. Opt-Out & Support Mechanisms

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You can cancel the SMS service at any time. Just text "STOP" to the +1 385-331-7079. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at [support email address or toll-free number].

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B. Carrier Liability Clause

 

​Carriers are not liable for delayed or undelivered messages.

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C. Message Frequency Clause

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As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.

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12. Intellectual Property in the Site

 

The Site and its content, including text, graphics, branding, logos, designs, images, audio, video, downloads, and compilations, are owned by or licensed to SMAX and are protected by applicable intellectual property laws.

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Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Site for your personal or internal business use only. No other rights are granted.

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13. Testimonials, Reviews, and Feedback

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If you submit a testimonial, review, comment, tag, suggestion, or other feedback to us, you grant SMAX a non-exclusive, worldwide, royalty-free license to use, reproduce, publish, display, adapt, and distribute that content for lawful business purposes.

Where appropriate, we may identify you by your first name, artist name, city, social handle, or other information you provide or authorize.

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14. Third-Party Tools, Platforms, and Links

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The Site may use or link to third-party platforms and services, including website hosting, CRM tools, analytics providers, advertising tools, video platforms, scheduling tools, and social media services. These may include, for example, Wix, GoHighLevel, Meta Pixel, and YouTube.

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We do not control third-party services or their privacy or security practices. Your use of those services may also be governed by their own terms and policies.

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15. Disclaimers

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THE SITE AND ALL CONTENT AND FUNCTIONALITY PROVIDED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS TO THE MAXIMUM EXTENT PERMITTED BY LAW.

SMAX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

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16. Limitation of Liability

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TO THE MAXIMUM EXTENT PERMITTED BY LAW, SMAX PRODUCTIONS, LLC AND ITS OWNERS, MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR CREATIVE OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SITE OR YOUR USE OF IT.

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TO THE MAXIMUM EXTENT PERMITTED BY LAW, IF SMAX IS FOUND LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SITE, SMAX'S TOTAL LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

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Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

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17. Indemnification

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You agree to defend, indemnify, and hold harmless SMAX Productions, LLC and its owners, members, managers, employees, contractors, affiliates, licensors, and service providers from and against claims, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

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  • your use of the Site;

  • your breach of these Terms;

  • your Client Materials;

  • your violation of any law or third-party rights.

 

18. Suspension or Termination

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We may suspend or terminate your access to the Site, refuse inquiries, cancel appointments, or stop communications if we reasonably believe you violated these Terms, created legal risk, engaged in abusive conduct, or interfered with the Site or our operations.

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Any provisions that by their nature should survive termination will survive, including ownership, licenses, payment obligations, disclaimers, limitation of liability, indemnification, and dispute provisions.

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19. Governing Law and Venue

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These Terms are governed by the laws of the State of Utah, without regard to conflict-of-law rules.

Any dispute arising out of or relating to these Terms or the Site will be brought exclusively in the state or federal courts located in Salt Lake County, Utah, and each party consents to the jurisdiction and venue of those courts.

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20. Changes to These Terms

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We may update these Terms from time to time. The updated version will be posted on this page with a revised "Last Updated" date. Your continued use of the Site after changes are posted constitutes your acceptance of the updated Terms.

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21. Contact Information

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SMAX Productions, LLC
6358 W 10150 N
Highland, UT 84003
Email: producer@smaxproductions.com
Phone: 801-652-5199
Website: https://smaxproductions.com

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If you have any questions regarding privacy, please read our privacy policy.

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