MUSIC CHOICE® For Business Subscription Agreement
(Last Updated October 7, 2025)
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This Subscription Agreement is a binding legal agreement (the “Agreement”) between you and Music Choice ("MC") with respect to your access to and use of “Music Choice For Business” (as described below) in your commercial business establishments.
By using Music Choice for Business you agree to be bound by the terms of this Agreement, together with all updates, additional terms, software licenses, and policies referenced herein including (i) if you use the iOS version of the MC Commercial App (defined below), you agree to be bound by Apple’s standard Licensed Application End User License Agreement (EULA) (https://www.apple.com/legal/internet-services/itunes/dev/stdeula/), which is part of the Apple App Store Terms of Service, (ii) if you use the Android version of the MC Commercial App, you agree to be bound by Music Choice’s End User License Agreement (EULA) for Android (http://www.musicchoice.com/legal/MC-Android-EULA), and (iii) to the extent you as a commercial customer provide MC with access to any personal information, MC’s use of such information shall be governed by the MC Privacy Policy (https://musicchoice.com/legal/privacy-policy/). Please review this Agreement carefully and if you do not agree to the terms outlined in this Agreement, do not use Music Choice for Business.
MC may from time to time modify the terms of this Agreement. Any changes will be effective upon MC posting the updated terms at https://www.musicchoice.com/for-business as of the date of the last update noted above. Your continued use of Music Choice for Business following posting of these modifications will be deemed to constitute your acceptance to such modified terms.
1. Description of Music Choice for Business. “Music Choice for Business” provides businesses with access to MC audio music channels and related features as determined by MC from time to time (the “MC Music Services”) via MC’s proprietary software application (including all updates and upgrades, the “MC Commercial App”) available through equipment and devices as authorized by MC from time to time (e.g., mobile devices, personal computers, tablets) owned and controlled by you (each, a "Device"). The MC Music Services and MC Commercial App are collectively referred to herein as the “MC Commercial Service”. The MC Commercial Service is provided to you under this Agreement solely for use in your business (not for your private, non-commercial use) within the United States, its territories and possessions (the “Territory”) and subject to the other restrictions outlined in this Agreement.
2. Subscription Process.
a). Account Set-up. To access the MC Commercial Service, you must have an active subscription account (“MC Subscription Account”) with a valid payment method (e.g., credit or debit card) (“Payment Method”) as approved by MC and our authorized payment vendor(s) (each, a “Payment Service”). To create an MC Subscription Account, please follow the instructions set forth on the MC website (https://www.musicchoice.com/for-business).
Either MC or our Payment Service will process the Payment Method (any payment questions should be addressed to Music Choice Customer Support as described in the Customer Support section below). You are responsible for ensuring that all information provided by you is correct, complete and acceptable to MC. Your MC Commercial Service subscription will start on the date specified by MC following your completion of the subscription process as approved by MC.
b). Authorized Users; Commercial Locations. Once you have created an MC Subscription Account, you may be given the option to add authorized users within your business (the "Authorized Users") tied to your MC Subscription Account. Music Choice reserves the right to limit the maximum number of Authorized Users (and Devices) that you can set up or that can simultaneously access the MC Commercial Service. In addition, use of the MC Commercial Service will be limited to the specific business sites or locations within the Territory specified by you within your MC Subscription Account (“Commercial Locations”), which Commercial Locations may be changed by you via your MC Subscription Account subject to MC’s consent.You are responsible for all activity by each Authorized User or otherwise occurring under your MC Subscription Account, including the Devices that are used to access the MC Commercial Service.
c.) Account Security; Confidentiality. You (on behalf of yourself and each Authorized User) are solely responsible for maintaining the confidentiality of your account information (e.g., username and password) and you will promptly notify MC of any known or suspected unauthorized use of your account. In addition, to prevent unauthorized access to your MC Subscription Account or the MC Commercial Service, you (on behalf of yourself and each Authorized User) must maintain control over the Devices used to access the MC Commercial Service and not reveal your username and password or Payment Method to any third party not authorized by MC. MCshall not be liable for any loss or damage arising from the use or misuse of your MC Subscription Account. MC reserves the right to access and disclose any information related to your account to comply with applicable laws including lawful government requests. You further agree not to disclose any confidential (i.e., non-public) information of MC shared with you including, as relates to the MC Commercial Service, except to your employees with a need to know who are bound by confidentiality agreements.
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​3. Payment and Billing.
a.) Subscription Fees. By creating an MC Subscription Account and establishing a PaymentMethod, you agree that MC and/or our Payment Service are authorized to periodically charge the applicable subscription fee including any applicable taxes and service fees (collectively, the “Subscription Fee”) on a designated, recurring cycle (e.g., either monthly or annually) for the applicable subscription period under your MC Subscription Account. MC and/or our Payment Service will attempt to verify the Payment Method you provide and may do this by processing an authorization hold. Subject to the Free Trials, Discounts, and Promotional Offers section below, the first Subscription Fee will be charged to your Payment Method on the date MC confirms your subscription purchase. After your original subscription ends, it will automatically renew at the then-current rates based on the recurring cycle you’ve selected unless you cancel before the renewal, and renewal charges will be applied to the Payment Method associated with your MC Subscription Account.
b.) Updating Payment Method. You may update your Payment Method at any time as allowed by MC and/or our Payment Service by accessing your MC Subscription Account, and you are responsible for maintaining a current, approved Payment Method for your account. A change in your Payment Method may result in changes to your prior billing cycle, and it is your responsibility to confirm all applicable billing policies.
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c.) Unpaid Amounts. If your Payment Method expires and you do not update your Payment Method or duly cancel your subscription before it automatically renews, you authorize us and/or our Payment Service to continue billing for Subscription Fees, and you will remain responsible for any uncollected amounts. You will be liable for all costs incurred in connection with the collection of these amounts, including, without limitation, collection agency fees or attorneys' fees allowable by law. If a valid Payment Method is not activated on your MC Subscription Account when a payment becomes due, we may restrict, suspend or cancel your subscription.
d.) Subscription Changes. MC reserves the right to (i) change prices for the MC Commercial Service or (ii) modify or discontinue any MC Commercial Service, at any time in our sole discretion upon thirty (30) days prior notice. Any change in price will automatically take effect and be charged to your account on the next recurring billing date (e.g., monthly or annually) following the notice period.
e.) Free Trials, Discounts, and Promotional Offers. The MC Commercial Service may be made available to you on a free trial basis for a limited time ("Trial Subscription") or through another promotional offer (e.g., a discounted, promotional price for some period) (“Promotional Offer”) in each case as determined by MC from time to time. The specific duration of, and eligibility for,the Trial Subscription or Promotional Offer will be specified in the applicable offer at sign-up. At the time of signing up for a Trial Subscription or Promotional Offer, you must provide a valid Payment Method in order to use the MC Commercial Service during the Trial Subscription or Promotional Offer period. Your Payment Method will not be charged (or will be charged at the promotional/discounted rate, as applicable) during the Trial Subscription or Promotional Offer period. UNLESS YOU TIMELY CANCEL THE TRIAL SUBSCRIPTION OR PROMOTIONAL OFFER BEFORE THE RENEWAL DATE, UPON THE EXPIRATION OF THE TRIAL SUBSCRIPTION OR PROMOTIONAL OFFER, THE THEN STANDARD SUBSCRIPTION FEE FOR THE MC COMMERCIAL SERVICE SUBSCRIPTION WILL BE CHARGED TO YOUR PAYMENT METHOD.
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​4. Technology Requirements. To use the MC Commercial Service you need Internet access and Device(s) purchased by you through third parties, and you are responsible for such third Party Devices and services including, without limitation, the installation and maintenance of such Devices and services, and all fees and other charges from any such third parties (e.g., data rate charges from wireless/mobile providers). MC has no responsibility or liability to you related to any such third party Devices or services including, without limitation, any interruptions in the MC Commercial Service due to disruptions in your Internet service.
5. Customer Support. For customer support inquiries related to the MC Commercial Service (including questions concerning Subscription Fee and Payment Method), please visit our MC Help Center at https://musicchoice.com/help/ or send an email to commercialsupport@musicchoice.com.
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6. Subscription Cancellations, Changes or Refunds.
a.) Cancellations. YOU CAN CANCEL YOUR MC COMMERCIAL SERVICE SUBSCRIPTION AT ANY TIME BY ACCESSING YOUR MC SUBSCRIPTION ACCOUNT AND OPTING TO CANCEL. If you cancel your Subscription, the cancellation will become effective at the end of the monthly or annual billing period, depending on the subscription plan you selected. PLEASE NOTE THAT YOU MUST CANCEL YOUR SUBSCRIPTION BEFORE IT RENEWS IN ORDER TO AVOID BEING CHARGED FOR THE NEXT CYCLE'S SUBSCRIPTION FEE. Upon cancellation, you must also delete any MC Commercial App downloaded to any Device.
b.) Changes. At any time, you may access your MC Subscription Account and change certain service terms as may be offered by MC from time to time (e.g., changing from monthly to annual subscription). Such change will become effective at your next monthly or annual renewal date (depending on your subscription plan) and your Subscription Fees will be adjusted accordingly.
c.) Refunds. NO REFUNDS OR REBATES WILL BE PROVIDED BY MUSIC CHOICE FOR ANY MC COMMERCIAL SERVICE SUBSCRIPTION, NOR DOES MUSIC CHOICE PROVIDE CREDIT, REFUNDS, OR PRORATED BILLING FOR SUBSCRIPTIONS THAT ARE CANCELLED.
7. Termination by MC. In addition to MC’s other rights, if you do not comply, or we believe you are not complying, with any provision of this Agreement (including, without limitation, any payment related obligation, confidentiality or security obligation, failure to provide accurate and complete information, or violation of any license terms), MC may, at our sole discretion, and without notice to you: (i) terminate your MC Subscription Account and/or this Agreement in which case you will remain liable for all amounts due through the next billing date following the date of termination; and/or (ii) terminate or suspend your right to use the MC Commercial Service until you have cured such breach to our satisfaction). Upon any termination of this Agreement, all licenses granted hereunder shall automatically terminate and you must remove the MC Commercial App from your Devices.
8. MC Commercial Service Ownership and Licenses
a.) Ownership. All intellectual property and other rights in the MC Commercial Service (including the MC Commercial App and MC Music Services) are either owned, or licensed, by MC, and are subject to protection under applicable laws. All rights in and to the MC Commercial Service not expressly granted in this Agreement are hereby reserved and retained by MC. MC, the MC logo, and other related logos, product and service names, service marks, graphics, designs and slogans used in connection with the MC Commercial Service are trademarks of MC ("MC Trademarks"). You are not granted any right or license with respect to the MC Trademarks, and you agree not to display or use these trademarks in any manner without MC's prior, written permission.
b.) Licenses. MC hereby grants you a limited, non-exclusive, non-transferable, revocable license to (i) use the MC Commercial App to access the MC Music Services via Devices, and (ii)stream and publicly perform the MC Music Service provided via the MC Commercial App, in each case solely for your own business use at the Commercial Location(s), subject to the terms and conditions of this Agreement and your compliance with all applicable laws. MC reserves the right to monitor your compliance with, and enforce, this Agreement
c.) Restrictions on Use.
i. MC Music Service. The content included within the MC Music Service is protected under United States copyright laws, and you acknowledge that your right to use the MC Music Services is limited by copyright law. The MC Music Service may only be used as background music at your Commercial Locations (e.g., as an accompaniment to work, shopping, or dining). The MC Music Service is not authorized for use by a DJ, or as an accompaniment to dancing (e.g., ballrooms), skating or instructed activities (e.g., aerobics), or where an admission fee is charged (e.g., nightclub). You are responsible for selecting channels within the MC Music Services that are appropriate for your business, and release MC from any claims related to any content that may be deemed objectionable to you or your employees or customers. In addition, you may not (i) amplify, transmit or retransmit the MC Music Service so as to be audible outside of the Commercial Locations (beyond adjoining areas such as patios, decks), (ii) use any data mining, robots, or similar AI or other data gathering and extraction tools on any content within the MC Music Services, or (iii) modify, reproduce, copy, publish, distribute or otherwise use all or any part of the MC Music Service or any content included therein except as expressly provided in this Agreement (including distributing any programming playlists or engaging in any activity with respect to such content that is prohibited under Section 8(c)(ii) below). For additional information regarding permitted MC Music Services uses, visit https://musicchoice.com/help/.
​ii. MC Commercial App. You may not: (i) create derivative works based on the MC Commercial App; (ii) sell, assign, license, disclose, distribute or otherwise transfer or make available the MC Commercial App or any copies thereof to any third parties; (iii) copy, reproduce, modify, alter, translate, decompile, reverse assemble, reverse engineer, or attempt to derive the source code of, the MC Commercial App, or introduce any viruses or any other computer code, programs or files that may in any way damage or harem the MC Commercial App or MC; or (iv) remove or alter any proprietary notices or marks on the MC Commercial App. To the maximum extent permitted by law, MC has no obligation to maintain or support the MC Commercial App. The MC Commercial App and any accompanying documentation are provided with restricted rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions as set forth in subparagraph (c)(1)(iii) of DFARS 252.227-7013 (The Rights in Technical Data and Computer Software) or subparagraphs(c)(1) and (2) of 48 CFR 52.227-19 (the Commercial Computer Software - Restricted Rights), as applicable.
d.) Updates and Upgrades. You are entitled to receive updates or upgrades to the MC Commercial App as MC publishes and makes available to you. The MC Commercial App may also automatically download and install updates or upgrades from time to time. You agree to receive MC Commercial App updates and upgrades (and permit MC to install these on your Device system) automatically through the Internet without obtaining further consent. MC may, at its discretion, add, modify, or remove features from the MC Commercial App at any time with or without notice to you. The MC Commercial App may also use content that is automatically updated from time to time, including but not limited to IP whitelists and website sign in protocols, to improve the security of the MC Commercial App or other purposes. You agree to, and shall have the right to, receive, updated content (and permit MC to install such updated content) for the MC Commercial App solely during the period for which you have downloaded the MC Commercial App on your Device(s).
9. Representations and Warranties.
a.) By Customer. By creating an MC Subscription Account, you represent and warrant to MC that (i) you are a US resident at least eighteen (18) years old and authorized to subscribe to the MC Commercial Service on behalf of the business entity located in the Territory as identified on your MC Subscription Account, (ii) all information provided as part of your account sign-up and during your subscription, including your contact and payment information, is complete and correct, and (iii) you will comply with the terms of this Agreement and all applicable laws with respect to your use of the MC Commercial Service.
b.) By MC. MC represents and warrants to you that we have the authority to grant the licenses under Section 7 of this Agreement for the MC Commercial Service as distributed by you in accordance with this Agreement, and we are responsible for any music copyright license fees solely with respect to your permitted use of the MC Music Services as provided in, and subject to, this Agreement. You agree that we have the right to collect and share certain usage data and account information related to your use of the MC Commercial Service with rights holders for required reporting purposes.
c.) No Warranty. EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY APPLICABLE LAW, THE MC COMMERCIAL SERVICE IS OFFERED ON AN "AS-IS" BASIS AND YOUR USE OF THE MC COMMERCIAL SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MC (ON BEHALF OF ITSELF AND THE MC RELATED PARTIES (AS DEFINED BELOW)) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER MC NOR ANY MC RELATED PARTIES WARRANT THAT THE FUNCTIONS OF THE MC COMMERCIAL SERVICE WILL MEET ANY OF YOUR SPECIFIC NEEDS OR REQUIREMENTS, OR THAT THE MC COMMMERCIAL SERVICE WILL OPERATE IN AN ERROR FREE OR UNINTERRUPTED MANNER, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
10. Limitation of Liability. EXCEPT WHERE AND TO THE EXTENT PROHIBITED BY LAW, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER MC NOR ANY MC RELATED PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATED TO YOUR USE OF THE MC COMMERCIAL SERVICE. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH MC IS TO DISCONTINUE YOUR USE OF THE MC COMMERCIAL SERVICE. IN NO EVENT WILL MC'S (OR ANY MC RELATED PARTIES’) AGGREGATE LIABILITY TO YOU EXCEED THE FEES PAID BY YOU TO MC DURING THE PERIOD UNDER WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED.
SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MC, ITS SUBSIDIARIES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES (“MC RELATED PARTIES”) FROM ANY AND ALL CLAIMS, LIABILITY AND EXPENSES (INCLUDING ATTORNEYS' FEES AND EXPENSES) OF ANY NATURE RELATING TO OR ARISING OUT OF YOUR USE OF THE MC COMMERCIAL SERVICE OR YOUR BREACH OF THIS AGREEMENT OR VIOLATION OF ANY APPLICABLE LAW, EXCEPT TO THE EXTENT DUE TO MC’s WILLFUL MISCONDUCT.
12. Force Majeure. Neither MC nor you shall be deemed in breach or liable for any delay or non-performance (excluding payment obligations) which is due to Force Majeure. As used herein, "Force Majeure" means any cause beyond a party’s reasonable control including, but not limited to, acts of God, governmental actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, epidemic, pandemic, high winds or adverse weather conditions, lockouts, strikes or other labor disputes.
13. Notices. MC may send you notices with respect to the MC Commercial Service by sending an email message to the email address listed in your MC Subscription Account or by posting notices on the MC website at https://www.musicchoice.com/for-business, which notices shall be effective upon the date sent or posted. Any notices you send to MC shall be sent by email to: commercialsupport@musicchoice.com.
14. Governing Law; Disputes. This Agreement is governed by and construed in accordance with the laws of the State of Pennsylvania without regard to conflict of laws principles. You expressly agree that exclusive jurisdiction for any claim or dispute related to this Agreement or your use of the MC Commercial Service (excluding claims related to MC or any MC licensor intellectual property) resides, as determined by MC, in either (i) the courts located in Montgomery County, Pennsylvania or Philadelphia, Pennsylvania, as selected by MC, or (ii) through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) in accordance with the arbitration procedures then in effect as selected by MC. You and MC are each waiving the right to a trial by jury or to participate in any class action; accordingly, all disputes must be brought in a party’s individual capacity and not on behalf of any class.
15. General. This Agreement constitutes the entire agreement between you and MC regarding the MC Commercial Service. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in full force and effect. This Agreement is assignable by MC, but may not be assigned by you without our prior written consent. Any failure by MC to enforce any term of this Agreement will not constitute a waiver of such term or any other term. The relationship of you and MC is that of independent contractors. Sections 2(c), 3, 6, 7, 8(a) and 8(c), and 9-15 shall survive termination of this Agreement.