Legal
Terms of Use
Last updated: May 25, 2026.
These Terms of Use (“Terms”) govern your access to and use of the website located at underbeat.com (the “Site”), operated by Underbeat (“Underbeat”, “we”, “us”). By accessing or using the Site you agree to be bound by these Terms. If you do not agree, do not use the Site.
1. The Site is informational
The Site exists to provide a means of contacting Underbeat. It does not constitute an offer of services, a solicitation, or a representation that Underbeat is accepting new engagements at any given time. Engagements are accepted by introduction at our sole discretion and only upon execution of a separate written agreement (an “Engagement Agreement”). In the event of a conflict between these Terms and an Engagement Agreement, the Engagement Agreement controls with respect to the engaged services.
2. Eligibility and electronic acceptance
You represent that you are at least 18 years old and have the legal authority to enter into these Terms, individually or on behalf of the entity you represent. You agree that your electronic submission of the contact form, or other use of the Site, constitutes your acceptance of these Terms and is the legal equivalent of a handwritten signature.
3. Use of the Site
You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, restrict, or inhibit anyone else's use of the Site. Prohibited use includes, without limitation: submitting unsolicited commercial messages, attempting to gain unauthorized access to systems, transmitting malicious code, scraping, automated harvesting, denial-of-service activity, reverse engineering, or any activity intended to disrupt the Site's operation. You agree not to use the Site or any of its content to develop, train, or improve any machine-learning model, large language model, or other artificial-intelligence system.
4. Submissions
If you submit information through the contact form, you represent that the information is accurate and that you have the right to send it. We treat all submissions as confidential to the extent practical, but the Site is not a substitute for a privileged communication channel. Do not submit material you would not be comfortable sharing through standard email. You grant Underbeat a limited, non-exclusive, royalty-free license to use the information you submit solely for the purpose of responding to your inquiry and, if a relationship develops, performing services for you.
5. Intellectual property
The Site, its underlying code, design, organization, “look and feel,” the U-in-circle mark, the “Underbeat” name, and all related text, graphics, and images are the property of Underbeat or its licensors and are protected by United States and international intellectual-property laws. No portion of the Site may be reproduced, distributed, modified, publicly displayed, framed, scraped, or used to train any machine-learning model without our prior written consent. All rights not expressly granted are reserved.
6. Privacy
Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Site you acknowledge and accept the practices described in the Privacy Policy.
7. Accessibility
We aim to make the Site accessible in accordance with WCAG 2.1 Level AA. If you encounter an accessibility barrier, please see our Accessibility Statement for information on how to report it.
8. Third-party links
The Site may contain links to third-party websites (for example, mapping services). We are not responsible for the content, accuracy, availability, or practices of any third-party site or service. Following such a link is at your own risk and subject to that third party's terms and privacy practices.
9. Disclaimer of warranties
THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.
10. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDERBEAT AND ITS OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100). THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON CERTAIN DAMAGES, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.
11. Indemnification
To the maximum extent permitted by law, you agree to defend, indemnify, and hold harmless Underbeat and its officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any applicable law or the rights of any third party; or (d) any content you submit through the Site.
12. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we reasonably believe you have violated these Terms. Sections that by their nature should survive termination — including Sections 4, 5, 9, 10, 11, 15, 16, 17, 19, 20, and 21 — will survive.
13. Changes to the Site
We may modify, suspend, or discontinue the Site or any part of it, temporarily or permanently, at any time and without liability to you.
14. Changes to these Terms
We may update these Terms from time to time. The “Last updated” date above reflects the most recent revision. Continued use of the Site after changes are posted constitutes acceptance of the updated Terms. If a change materially reduces your rights, we will take reasonable steps to highlight it.
15. Governing law
These Terms and any dispute arising from or relating to these Terms or your use of the Site are governed by the laws of the State of New York, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
16. Dispute resolution; informal resolution first; jury-trial waiver
Informal resolution. Before filing a claim, you agree to first contact us at info@underbeat.com with a written description of the dispute and to engage in good-faith negotiation for at least sixty (60) days. Most disputes can be resolved this way.
Forum. If informal resolution does not succeed, any dispute will be brought exclusively in the state or federal courts located in New York County, New York, and you and Underbeat consent to that jurisdiction and venue and waive any objection based on inconvenient forum.
Jury-trial waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND UNDERBEAT EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE.
17. Class-action waiver
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND UNDERBEAT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The court may not consolidate more than one person's claims, and may not otherwise preside over any form of representative or class proceeding.
18. Force majeure
We will not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental orders, internet or utility failures, denial-of-service attacks, or third-party service-provider outages.
19. Assignment
You may not assign or transfer these Terms or any of your rights or obligations under them without our prior written consent; any attempted assignment in violation of this section is void. We may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, or by operation of law.
20. Severability
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.
21. No waiver
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Underbeat.
22. Entire agreement
These Terms, together with the Privacy Policy, the Accessibility Statement, and any Engagement Agreement, constitute the entire agreement between you and Underbeat concerning your use of the Site, and supersede any prior or contemporaneous communications, proposals, or agreements concerning that subject.
23. Notices
Notices to Underbeat under these Terms must be in writing and sent to info@underbeat.com with copy by U.S. mail to: Underbeat, 300 Cadman Plaza West, 12th Floor, Brooklyn Heights, NY 11201, USA. Notices to you may be sent to the email address you provide through the Site.
24. Headings
Section headings are for convenience only and have no substantive effect.
25. Contact
Questions about these Terms can be sent to info@underbeat.com.