Ostinat License Agreement

1. Definitions

For the purposes of this Agreement, the following terms have the meanings set out below:

• "Licensor" means Esther García, the sole rights holder of all music in the Ostinat catalog, operating under the brand name Ostinat at ostinat.com.
• "Licensee" means the individual or legal entity that has purchased a license and accepted these terms.
• "Catalog" means the complete collection of audio tracks, loops, and edits available for download through ostinat.com at the time of purchase.
• "Track" means any individual audio file included in the Catalog.
• "License" means the non-exclusive, worldwide, perpetual right to use the Catalog as set out in this Agreement.
• "Audiovisual Content" means any video, film, presentation, advertisement, podcast, app, game, or other media production in which a Track is incorporated.
• "Client Project" means Audiovisual Content produced by the Licensee on behalf of a third-party client.
• "Broadcast" means distribution via television, radio, or subscription-based over-the-top (OTT) streaming platforms (e.g. Netflix, Amazon Prime, Disney+, Hulu, and equivalent services).
• "End Product"means the specific, synchronized combination of a Track within Audiovisual Content created by the Licensee, where the audio Track cannot be extracted, detached, or used independently from the media production.

2. License grant

Subject to the terms of this Agreement and payment of the applicable license fee, the Licensor grants the Licensee a non-exclusive, non-transferable, worldwide, perpetual license to use the Catalog in synchronization with any video, audio, or other media as specified in the plan purchased.

This license is granted once, at the time of purchase. It does not expire, does not require renewal, and does not involve any recurring payments.
For the Creator plan, the license is strictly restricted to a single individual user.

The rights granted are limited to those described in Section 3 and Section 4 for the specific plan purchased.

This Agreement grants a license to use the Catalog and does not constitute a transfer of copyright. The Licensor retains full ownership of all intellectual property rights in the Catalog.

3. Plan comparison

The scope of rights granted depends on the plan purchased at checkout:

4. Permitted uses

All plans

• Incorporate Tracks into Audiovisual Content for personal or commercial use.
• Publish Audiovisual Content on YouTube, Vimeo, Instagram, TikTok, Facebook, and similar online video and social media platforms.
• Use Tracks in online advertising campaigns, including paid video ads on YouTube, Instagram, Facebook, and similar platforms.
• Use Tracks in podcasts, presentations, e-learning content, and internal corporate communications.
• Use Tracks in apps, games, and software products distributed digitally.
• Download and store the full Catalog for use in future projects with no expiration date.

Studio and Agency only

• Incorporate Tracks into Client Projects, defined as Audiovisual Content produced by the Licensee on behalf of third-party clients, for the client's own use and distribution on digital channels.

Agency only

• Broadcast rights: use Tracks in content distributed via television, radio, or OTT streaming platforms (Netflix, Amazon Prime, Disney+, Hulu, and equivalent services).
• Distribute Audiovisual Content incorporating Tracks on subscription-based or ad-supported streaming platforms.

5. Restrictions

The following uses are not permitted under any plan unless separately agreed in writing with the Licensor:

• Redistribution of the Catalog: The Licensee may not sell, sublicense, rent, lend, or otherwise redistribute the Catalog or any Track as a standalone audio file or music library product.
• Resale as music: Tracks may not be offered for sale or distribution as music products in their original or lightly modified form, including but not limited to stock music platforms, background music packs, or audio samples.
• Registration with Content ID or PROs: The Licensee may not register any Track with YouTube Content ID, any Performing Rights Organisation, or any content recognition or royalty collection system.
• Synchronisation without Audiovisual Content: Tracks may not be used as standalone audio. They must be incorporated and synchronized into Audiovisual Content as described in this Agreement.
• Transfer of license: This license is personal to the Licensee and may not be transferred, assigned, or sublicensed to any third party.
• Creator plan restrictions: Licensees on the Creator plan may not use Tracks in content produced for external clients or third-party projects. An upgrade to the Studio or Agency plan is required for client project rights.
• Studio plan restrictions: Licensees on the Studio plan may not use Tracks in Broadcast as defined in Section 1. An upgrade to the Agency plan is required for broadcast rights.
• AI Training and Data Mining: The Licensee is strictly prohibited from using the Catalog, any Track, or any portion of the audio files to train, develop, test, or feed artificial intelligence, machine learning, deep learning, or generative audio and music models.
• False Authorship: The Licensee may not falsely represent, either expressly or impliedly, that they are the original creator of the Tracks, or present the Catalog as their own original music library.

6. Ownership & intellectual property

All Tracks in the Catalog are original compositions created entirely by human authors, and no generative AI music models were used to create the musical works contained within the Catalog.
The Licensor retains full, exclusive copyright and intellectual property ownership of all Tracks within the Catalog.

This Agreement does not transfer any intellectual property rights to the Licensee. The Licensee acquires only the limited right to use the Catalog as described in this Agreement.

A Human Authorship Certificate confirming the non-generative AI origin of the Catalog is provided upon purchase and may be used by the Licensee for verification purposes with clients, platforms, or broadcasters.

7. Warranties & representations

The Licensor warrants that:

• The Licensor is the sole owner of all rights in the Catalog and has the full authority to grant the licenses described in this Agreement.
• The Catalog is not registered with any Performing Rights Organisation (PRO) and no back-end royalties will be generated by its use.
• No Track in the Catalog is enrolled in YouTube Content ID or any equivalent content recognition system.
• All production assets used in creating the Catalog, including sample libraries, instruments, and sound design tools, were obtained through legal commercial licenses.

The Catalog is provided "as is." To the fullest extent permitted by applicable law, the Licensor makes no other warranties, express or implied, including warranties of fitness for a particular purpose or non-infringement of third-party rights beyond those expressly stated above.

8. Limitation of liability

To the fullest extent permitted by applicable law, the Licensor's total liability to the Licensee under or in connection with this Agreement shall be strictly limited to the actual license fee paid by the Licensee for the specific plan purchased.

Under no circumstances shall the Licensor be liable for any indirect, incidental, special, consequential, or punitive damages. This includes, without limitation, any loss of profits, loss of data, or loss of business opportunities, even if the Licensor has been advised of the possibility of such damages.

9. Termination

This license is perpetual and will not expire through the passage of time. However, it will terminate automatically and without further notice if the Licensee:

• Materially breaches any term of this Agreement and fails to remedy such breach within 30 days of receiving written notice from the Licensor.
• Redistributes, resells, or sublicenses the Catalog or any Track in violation of Section 5.
• Registers any Track with a PRO or Content ID system in violation of Section 5.

Upon termination, the Licensee must immediately cease all new uses of the Catalog and delete all downloaded audio files. Audiovisual Content already published prior to termination that was produced in compliance with this Agreement may remain published.

No refunds will be issued upon termination due to breach by the Licensee.

10. Governing law

This Agreement is governed by, and shall be construed in accordance with, the laws of Spain. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Spain, without prejudice to any mandatory consumer protection rights that may apply in the Licensee's country of residence.

11. Contact

For questions about this License Agreement or any licensing inquiries, please contact: