Terms of use
These terms of service together with all our policies and other terms (“Agreement”) set out at music.tech ("Website") cover your use and access to the services, client software, and websites ("Services") provided by Music.Tech, our partners and affiliates including LANDR Audio Inc. and/or Synchro Arts Limited (UK) (“Synchro Arts”) (individually and collectively “we” “us” "our"). For clarity, “Services” include the “Release Service”, “Samples Service” and/or "Plugins Service” as defined below and any other service that Music.Tech may offer in the future, as well as our Projects, Sessions and Network Services, as defined separately elsewhere on our website.
Our Privacy Policy explains how we collect and use your information as well as your responsibilities when using our Services.
By using our Services you're agreeing to be bound by the terms of this Agreement. If you're using our Services for an organization, you're agreeing to the terms of this Agreement on behalf of that organization. We reserve the right to revise this Agreement in our sole discretion at any time and without prior notice to you other than by posting the revised Agreement on our website. Any new versions of this Agreement are effective upon posting and the most recent version will be the one available on our website. Please ensure that you visit our website periodically to ensure your continued acceptance of our Agreement.
Your continued use of the Services after a revised version of this Agreement has been posted on our website constitutes your binding acceptance of such revision. Notwithstanding the preceding sentences of this paragraph, no revisions to this Agreement will apply to any dispute between you and us that arose prior to the date of such revision.
By using or accessing the Services, you agree to all the terms and conditions stated in this Agreement. If at any time, you do not or cannot agree to the terms of this Agreement, you must stop accessing or using the Services.
Account Registration
To use certain Services you must register and provide certain information (e.g. a member (user) name, password, billing information, and valid email address) to us ("Registration Data") for the purposes of creating an account (your “Account”). You agree to provide current, complete, and accurate Registration Data at the time you register and you will update your Registration Data as necessary to keep it current, complete, and accurate. The Registration Data will apply to all Services and act as your username and Registration Data for accessing, communicating, purchasing, and/or streaming (where purchasing and/or streaming are applicable) in connection with all Services. We may terminate your Account and any or all rights to the Services if any information you provide is inaccurate, false, or incomplete, or, if we in our discretion, suspects fraudulent and/or illegal behavior, such as but not limited to identity theft or stolen credit cards or artificial purchasing to inflate sales data, associated with your registration. You agree that we may store and use the Registration Data you provide for use in billing fees to your credit card and maintaining your Account.
Please safeguard your password to the Website and the Services, make sure that others don't have access to it, and keep your account information current. You are solely responsible for managing your account and password and for keeping your password confidential. If you have forgotten your password, click on the "Forgot Password?" link and follow the on-screen instructions. You are also solely responsible for restricting access to your account. You agree that you are responsible for all activities that occur on your account or through the use of your password by yourself or by other persons. If you believe that a third party obtained or guessed your password, use the password regeneration feature of the Services as soon as possible to obtain a new password.
You are solely responsible for maintaining the confidentiality and security of your Account. You agree to notify us immediately of any unauthorized use of your password and/or Account. We shall not be responsible for any losses arising out of the unauthorized use of your Registration Data or Account, and you agree to hold harmless and to indemnify us, our partners, parents, subsidiaries, agents, affiliates, and/or licensors and users, as applicable, for any improper, unauthorized or illegal uses of your Account. You may not attempt to gain unauthorized access to the Services. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software, or tools for that purpose, we shall have the right to terminate your Account and pursue all available remedies at law.
By establishing an Account, you grant us permission to contact you at your provided email address as well as through any of your provided social media accounts (Facebook, Twitter, Instagram, etc.). You can update and manage your email preferences, under your account settings. You acknowledge and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing. You must provide us with an active email account to receive important notices from us at all times, and you are responsible for making sure the email account is active, able to receive emails from us, and that your email address on file with us is up-to-date. Our email for communication purposes is included at the end of this Agreement. Any email sent to us shall be deemed to be received on the day it is sent. Should you choose to communicate with us via mail or post, please do so by overnight courier to the address set out at the end of this Agreement. Any such communication sent to us by overnight courier shall be deemed to be received at 10am on the first working day after the date of delivery to the applicable courier.
Your Rights to Use the Website and Services
We and our licensors solely and exclusively own all intellectual property and other rights, title and interest in and to the Website, except as expressly provided for in this Agreement. You will not acquire any right, title or interest therein under these TOS or otherwise.
We grant you a limited revocable license to access and use the Website for its intended purposes, subject to your compliance with this Agreement.
This license does not include the right to collect or use information contained on the Site for prohibited purposes like create derivative works based on any content available via the Website (unless permitted otherwise in this Agreement); or download or copy the Website and Services (other than page caching).
If you use the Website and Services in a manner that exceeds the scope of this license or breach this Agreement, we may revoke the license granted to you.
Prohibited Uses of the Website and Services
Except as may be expressly permitted by us, you may not: (i) interfere with the Website by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the Website and Services;
(iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Site, except in the operation or use of an internet “search engine”, hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using our Website or Services; impersonate another person or entity; (v) use any meta tags, search terms, key terms, or the like that contain our name or trademarks; (vi) engage in any activity that interferes with another user’s ability to use or enjoy our Website or Services; or (vii) assist or encourage any third party in engaging in any activity prohibited by this Agreement.
Monitoring and Website Modifications
We reserve the right, but do not assume the obligation, to monitor transactions and communications that occur through the Website. If we determine, in our sole and absolute discretion, that you or another user will breach a term or condition of these this Agreement or that such transaction or communication is inappropriate, we may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party. Furthermore, we may modify the Website and/or the Services at any time with or without notice to you, and will incur no liability for doing so.
Your Assets and Your Permissions
If you send us personal correspondence such as emails or letters then we may collect this information into a file specific to you.
When you use our Services, you provide us with things like your files, content, configuration settings, Metadata, and so on ("Your Assets"). Your Assets are yours. The terms of this Agreement don't give us any rights to Your Assets except for the limited rights that enable us to offer the Services.
If you want to use any of our Services for your Recordings (as defined below), please carefully review all applicable provisions of the terms of this Agreement.
We need your permission to do things like hosting Your Assets, backing them up, and sharing them when you ask us to. Our Services also provide you with features like song previews, editing, sharing, searching, and releasing. These and other features may require our systems to access, store and scan Your Assets. We may also utilize Your Data (as defined in our Privacy Policy) to conduct investigations and studies, test functionalities during the development phase, and analyze the information at our disposal to assess and improve our Services, implement new services and functionalities, and perform audits and troubleshooting procedures, or for promotional purposes. You permit us to do these things, and this permission extends to trusted third parties we work with.
We may use third parties to provide certain Services accessible through the Website. We do not control those third parties or their services, and you agree that we will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as the terms of this Agreement when you use the Services. If any such terms or policies conflict with this Agreement you must comply with this Agreement, as applicable. Once you access our Services via an offer or link provided by one of our partners, we will likely share some of your Data with said partner, more specifically, your name, email address, subscription plan to our Services, and information regarding the usage that you make of our Services. You authorize us to share such information with the aforementioned partner. The Data shared with this partner will also be governed by conditions of use and this partner’s privacy policy.
Sharing Your Assets
Our Services let you share Your Assets with others, so please think carefully about what you share. You understand that you assume all risks, including unwanted public release, related to your decision to share Your Assets. When you share Your Assets, you’re responsible for ensuring that those accessing Your Assets understand what they’re allowed to do, or not do, with Your Assets. Your sharing of Your Assets via our Services will not entitle you to any payments from any persons participating in our Services.
When content is shared with you or you share Your Assets with other users, offering comments, suggestions, and/or feedback on user’s content on the Website does not mean that you acquire ownership rights or credits in that content nor does it mean that you shall have a right to any royalties or other monetary payments derived from that content. The same applies to other users who may receive Your Assets, they will not acquire any ownership rights or credits over Your Assets nor they will have any rights to any of your royalties or other monetary payments derived from your Assets. Without written approval from the party owning the content that was shared (including you if it's your content) cannot share or reproduce the other user’s content. To obtain more information about your rights as a contributor, songwriter, or performer, please consult your performing rights organization, publisher, and/or legal counsel.
Pricing
Please refer to our Pricing Terms for all details regarding the rules regulating A-la-Carte offers, and subscription plans for our Services and further details relating to upgrades, downgrades, billing, refunds, and changes to Paid accounts. Users must have a Music.Tech account to be able to use our Services.
Copyright and Intellectual Property
We respect the intellectual property of others and ask that you do too. You cannot upload, share, release, or otherwise use on our Services any content, including any audio files, samples, or Recordings, for which you do not own all necessary intellectual property rights unless you have the express written consent from all persons owning the intellectual property rights in the content. If you don’t respect this rule, you assume all risks and liabilities arising therefrom, and we will have the right to delete any violating content on our Services. Further, you shall indemnify and save us harmless from and against any reasonable costs, expenses, losses, liabilities, and damages (including, without limitation, court costs and counsel fees on a substantial indemnity basis) arising out of or connected with any claim arising from your submission to our Services of intellectual property you do not own or properly control. Without renouncing our other rights and remedies, we can also suspend or terminate your account.
We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported to us by email. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of infringers. Our designated agent for notice of alleged copyright infringement on the Services is: Info@Music.Tech. Please read our Copyrights Policy for further information on how we handle copyright infringements.
Our Samples Service
The Music.Tech Samples Service is a curated royalty-free sample library that allows you to download certain audio files, sound recordings, samples, one-shots, single hits, beats, loops, and similar items (collectively, “Samples”) from our Sample site or any other support, so you can use it for your projects, as well as for getting inspiration for new ideas. You are allowed to use the Samples as long as you follow these terms (including our Acceptable Use and Fair Usage Policy).
To download a Sample and use it under these terms, you will need to redeem a fixed number of credits (“Credits”). You may obtain Credits as part of your subscription or as an add-on (please see our Pricing Terms for more details). We may also, from time to time, offer some of the Samples for free and/or for a limited period, including via free trials or other offers (which may be subject to specific terms and conditions). You need Credits only to download Samples; you don’t need to redeem any Credit for previewing or auditioning Samples or to save them for future use in your list (as long as you don’t download them). Once you redeem Credits for a Sample, you can download it again as many times as you wish without redeeming any additional Credits. If you download a faulty Sample file, you may request a repaired or corrected Sample file; alternatively, we may at our discretion decide to provide you with a refund of your Credits.
We want to make your Samples experience as smooth and easy as possible. Therefore, under the terms of this Agreement, you’re given a non-exclusive, worldwide, royalty-free, perpetual, non-transferable, and non-sublicensable, licence (i) to reproduce the Samples, with or without modifications, solely for their incorporation into your Recordings (as defined below), and (ii) to reproduce, distribute, transmit, publicly perform or display, communicate and make available to the public, and to otherwise use the Samples (with or without modifications thereto) solely as so incorporated into such Recordings, in all media and formats whether now known or hereafter created, including for commercial purposes (the “Samples Licence”).
For clarity, (i) this Samples Licence allows you to modify, reproduce, distribute, transmit, publicly perform or display, communicate and make available to the public, and otherwise use the Samples, but only to the extent they are used as part of your Recordings, and (ii) please be aware that it is your responsibility to own or have obtained all rights for any of your Recordings that incorporates our Samples.
Your music is yours. This means that you keep the ownership of all your intellectual property rights in the Recording of your musical work that uses any Sample, but please take note that this doesn’t mean you own any rights on any Sample, even when they are incorporated in your Recordings.
Keep in mind, that this Samples Licence does not allow you to use the Samples in any way that is not listed above, including but not limited to: (i) use any Samples on a stand-alone basis or in isolation, such as sound effects or as loops, (ii) sell, loan, lend, share, give, broadcast, rent, assign or otherwise distribute, transfer, provide or make available to anyone any Samples except as incorporated into your Recording, (iii) use any Sample for the creation of a sound or sample library or as a sound or sample library or part thereof, including for any kind of synthesizer, virtual instrument, sample library, sample-based product or other musical instruments, or (iv) use any Sample for the purpose of training machine learning models, or for any form of Artificial Intelligence (AI) development, including but not limited to the generation, synthesis, or manipulation of audio, MIDI or any other related content. This restriction applies to all forms of AI-based technologies, algorithms, or systems that involve data processing, learning, or content creation, whether for commercial or non-commercial use, or; (v) sell, loan, lend, share, give, broadcast, rent, assign or otherwise distribute, transfer, provide or make available to anyone any Sample or any part of the Sample on a stand-alone basis or as repackaged into audio samples, sound libraries or sound effects, except as permitted by us. Otherwise, you are allowed to use any Sample however you would like, as long as you incorporate the Sample in your Recording and follow the terms under this Sample Licence.
In addition, (i) any author, composer, and performer that have produced the Samples have waived any moral right held by them to allow you to exercise the rights licensed above, and (ii) any author, composer, performer, producer, or maker that have produced the Samples have given up any right to collect royalties from you for your use of the Samples, whether directly or through a collecting society under any voluntary or waivable statutory or compulsory licensing scheme or under any applicable tariff. This means that you can use the Samples without concerns about paying royalties or other copyright issues related to the original producers, as long as you follow the terms under this Samples Licence.
However, please respect that you may not use the name (including any pseudonym), image, or likeness of any artist (such as an author, composer, performer, or producer) or maker that has produced a Sample in any way without that artist’s, maker’s or our prior written permission. For example, you may not include the term “Featuring” with the name of an artist associated with a Sample in the title of your Recording. Nothing in this Samples Licence gives you any permission to assert or imply that you are, or that your use of the Samples is, connected with, or sponsored, endorsed, or granted official status by, us, any artist that has produced a Sample, or anyone else.
It is your responsibility to retain all information provided with the Samples as part of the Metadata (as defined below) of any Recording that incorporates our Samples.
Please understand, that if you do not comply with this Samples Licence, you will likely be at the risk of giving up your rights thereunder automatically. If this happens, your rights will be automatically reinstated when your failure to comply is resolved within 30 days of your discovery of the violation; or upon reinstatement by us.
For clarity, nothing herein affects any right we or anyone having rights in a Sample may have to seek remedies for your non-compliance with this licence.
The information provided with our Samples may include links to third-party websites. By using these links, you are leaving our Services. We do not monitor these links, and you use them at your own risk. We are not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings you may have on or through a third-party website or as a result of the presence of any third-party advertising on the Services also as stated in our main Agreement.
We have no obligation to monitor, filter, remove or otherwise review any Sample, content, other information, and materials provided by third parties (but we may at our sole discretion). We do not warrant in any way that the Samples, and any content or other information and materials provided by third parties through our Sample Service are accurate, complete, legal, non-infringing, reliable, current, or error-free.
We may decide, at our sole discretion, to remove any Samples from our Services, or to make any other changes to our Samples Service.
In addition to the terms of this Samples License, your use of our Sample Service is subject to the terms of our main Agreement and its related policies.
Our Release Service
Our Release Service allows you to make your Recordings (as defined below) available to digital stores, streaming services, and other digital services and resellers selected by us (“Digital Stores”). The Digital Stores may then offer your Recordings for download, streaming, sync or other form of digital exploitation to their clients (collectively, “Online Exploitations”).
Your Recordings
By a “Recording”, we mean a musical sound or audiovisual recording (including, unless otherwise stated herein, in the case of a sound recording, any music, lyrics, and instrumental and/or vocal performances recorded thereon, including any Samples as may be incorporated therein pursuant to the Samples Licence, as the case may be, and in the case of an audiovisual recording, any sound recording reproduced thereon and any script, direction, music and other works, any likeness and/or voice, and any visual, audiovisual, instrumental and/or vocal performances recorded on such audiovisual recording or any sound recording reproduced thereon), which is uploaded to your Music.Tech account, and that you ask us to make available to the public or otherwise distribute through our Release Service.
Release to Digital Stores
We will deliver your Recordings to the Digital Stores that you selected, In many instances, you will not be able to select the countries or geographical regions in which your Recordings will be made available. You are authorizing us to make your Recordings available anywhere in the world. Therefore, you must have worldwide rights on your Recordings, including on any music, and instrumental and/or vocal performances recorded thereon; if you do not have all such rights on a Recording (including on any other Recording, on any music or any instrumental, vocal or other performance recorded or reproduced thereon) in any region, you shall not release your Recordings with our Release Service.
Digital Stores may choose not to make available on their services one or more of your Recordings at all or in certain territories (or to remove Recordings at any time) per their policies and practices. We may also decline to distribute (or may remove from Digital Stores) one or more Recordings from any or all Digital Stores if we receive any legal claims regarding the particular Recording(s), if we reasonably believe that any legal claims or issues may arise, if a Recording may violate the terms and conditions of any Digital Store, or for any other reason in our business judgment. And if our agreement with any Digital Store expires or terminates, or if that Digital Store ceases to operate entirely or in a particular territory, then your Recordings will no longer be available through that Digital Store.
By opting into a Digital Store, you warrant to Music.Tech that you have read, understand, and agree to be bound by all of the terms and conditions of that Digital Store and that you and your Recordings and other content will comply fully with those terms and conditions.
Each Digital Store will determine its pricing to its respective customers, as well as format or media and other terms on which it offers recordings (including your Recordings) to its customers, at its discretion using monetization strategies such as permanent digital downloads on a pay-per-unit basis or a subscription fee to be able to stream, sync or temporarily download your Recordings along with other recordings. Digital Stores may group Recordings by genre or other designations may create and allow Customers and others to listen to free preview clips of your Recordings. We are not responsible for what Digital Stores do, and by opting into a particular Digital Store, you agree to accept and have your Recordings made available to its Customers following its pricing structure and other practices and policies from time to time, and under its agreement with us (or one of our representatives). Digital Stores calculate Royalties in different manners, and they may change how they calculate Royalties over time. Licensing fees, the deduction for author’s rights, and other fees, as applicable, may be deducted from your Royalties by Digital Stores. Digital Stores determine the retail prices for sound recordings at their sole discretion and may change this pricing without us providing notice to you.
As an exception, if your Recording incorporates a song previously recorded and distributed to the public with the authorization of its copyright owner(s) (a “Cover Song”), we then agree to seek the granting of a licence authorizing its mechanical reproduction on such Recording as part of our Release Service (a “Cover Mechanical Reproductions”) and, provided we are able to obtain such a licence under the standard conditions applicable in each relevant country (a “Cover Song Licence”), (i) we will assume the payment of the royalties payable under such Cover Song Licence for any such Covered Mechanical Reproductions (“Cover Mechanical Royalties”), and (ii) you will be deemed to have obtained the right to reproduce such Cover Song on such Recording for the purpose of our Release Service in any applicable country of the world in respect of which the mechanical reproduction of that Cover Song as part of our Release Service will have been authorized by a copyright collective society entitled to grant such authorization in that other country, excluding Mexico, Brazil, Pakistan and India. To benefit from the above, you shall provide us, simultaneously with the submission of any Recording incorporating a Cover Song, the exact and complete original title of that Cover Song and the exact and complete name of any songwriter having contributed to such Cover Song. We will not release that Recording through our Release Service until we can secure a Cover Song Licence for the Cover Song incorporated in such Recording, at which point we will release that Recording. Should we not be able to secure a Cover Song Licence, we will inform you that we are unable to secure it, in which case the exception outlined in this paragraph will not apply.
Although you can choose the Digital Stores where you want to offer your Recordings, you understand that we must enter into certain agreements with these Digital Stores and that we have sole discretion in deciding with which Digital Stores we conclude agreements, and under what terms and conditions. You understand that the terms of this Agreement will be subject to the agreements that we enter into with the Digital Stores.
We will try to provide your Recordings to the selected Digital Stores as quickly as possible. Please understand however that it can take anywhere between a few hours to several weeks for certain Digital Stores before they make your Recordings available to their clients, and that we do not have any control over the internal process and delays of a Digital Store.
A Digital Store may also decide not to offer (or remove) some of or all your Recordings in certain or all countries, per their policies and practices. We cannot force them to offer your Recordings. If our agreement with a Digital Store expires or terminates, we will then cease offering your Recordings to that Digital Store. If this happens, we will notify you as soon as we can.
Use of Artificial Intelligence Technologies in Connection with our Release Service
In connection with your use of Music.Tech’s AI Cover Art Generator, Music.Tech retains ownership of the outcomes generated by our AI Cover Art Generator until the cover art image is officially utilized for a release through Music.Tech. Upon release, you obtain full ownership of the cover art. User data is not utilized in the training process of our AI Cover Art Generator. We prioritize privacy and ethical considerations, ensuring that the generation of cover art remains independent of individual user data. This approach guarantees confidentiality and maintains the integrity of your personal information while still providing high-quality AI-generated artwork
In connection with the distribution of content created using Artificial Intelligence technologies, whether now known or hereinafter developed (hereinafter “AI Technologies”) and distributing the results of same via Music.Tech, as per our Acceptable Use and Fair Usage Policy and our corporate position on the fair use of AI technologies to create content, we reserve the right to refuse to distribute some or all of your content, at our sole discretion.
If we suspect that you are solely using generative AI Technologies to create content, we also reserve the right to request clarification on your creative processes. This may involve a review of your documentation and software used as well as any other process we may deem reasonable to ascertain your use of AI Technologies in the creation of certain Recordings. If we find that you have been infringing on our fair usage policy, we reserve the right to suspend your distribution catalog and product access for a six-month period, or to terminate your account, at our sole discretion.
Digital Release Service - Payments
We will transfer to you one hundred percent (100%) of the Net Income we receive from Digital Stores. “Net Income” means the actual amounts that we receive from Digital Stores directly attributable to the Online Exploitation of your Recordings, less any refunds, taxes, tariffs, fees, royalties (other than Covered Mechanical Royalties), third parties fees or other charges related to the Online Exploitation of your Recordings, including currency conversion fees or payment processing fees incurred in the process to transfer you such money (such as PayPal).
In connection with the commission of royalties to be retained by Music.Tech for those users who use our free service or who choose to proceed through our “a la carte” (fee per release) service, please note that:
Users of Music.Tech’s Release Service and who have paid for their release “à la carte” (fee per release) are subject to a fifteen per cent (15%) commission on their royalties on their tracks that are active on Music.Tech''s Services; and
Users of Music.Tech’s Release Service who have been able to release content via the subscription service , and who haven’t renewed their subscription will stay live on streaming services, but will relinquish to Music.Tech a $3 monthly fee and 15% of Net Income received by Music.Tech, as soon as it is received, for as long as they are not subscribed, as a means to compensate for the cost of running our Release Service. As soon as such users resubscribe to Music.Tech, Music.Tech will stop taking any commission on Net Income received from that moment on. Users will not be able to retroactively retrieve royalties earned while they were unsubscribed.
If you have opted into and registered for our separate Content ID service, which uses YouTube's ContentID service and other methods to detect videos that contain your Recordings, we will deduct 20% (for Premium subscribers) or 30% (for non-Premium users) from Net Income paid to us attributable to videos that exploit your Recordings that were detected using these methods.
We will use our best efforts to post to your account your Net Income within fifteen (15) business days of receipt. Please understand that there will usually be a delay of between forty-five (45) and ninety (90) days between the day a Digital Store streams or downloads your Recording and the day we receive payment of your Net Income.
Once the Net Income has been credited to your account, you will be able to withdraw all or any portion thereof at your discretion. You will be responsible for any bank fees (including currency conversion fees) or other charges related to such withdrawals. If you owe us any amounts, we have the right to deduct all or a portion of such amounts from any Net Income otherwise payable to you.
You understand and accept that we will pay no interest on any Net Income balance in your account, even if we might receive interest or earnings on such balance. In addition, if you make your music jointly available with any person participating in the creation or performance of any musical work and/or lyrics included on your Recording and/or in the production or making of your Recordings (such as any composers, lyricists, musicians, singers, music producers, sound recording makers or others), you will be solely responsible for registering their splits on Music.Tech, and subject to the following paragraph, you will be solely responsible for making any payment to any such person as may be due in consideration for any such rights. e
For the avoidance of doubt, you shall not be responsible for (i) any clearances of any rights and payments related to any Samples incorporated in your Recordings per the Samples Licence, (ii) nor for the clearance of any rights and payments to any author and composer of any Cover Song as may be incorporated in your Recordings pursuant to any Cover Song Licence.
We shall be entitled to withhold any payments into your Account in the event of any suspected and/or alleged infringement of your Recordings of any third party rights as well in the event of any suspected fraudulent activity or possible breach of these Terms including the main Agreement. Digital Stores may have the right to do the same in which case we will not receive any or part of your Net Income.
We have the right to rely on accounting, usage, and other statements received from the Digital Stores for all purposes, but we have no obligation to audit or otherwise contest the income calculations or statements given to us by the Digital Stores. If you ask us to proceed to an audit of a Digital Store and we accept, at our sole discretion, to proceed, you will be responsible for all audit fees (and we can ask you to pay us in advance or elect in our discretion to deduct such audit fees from the Net Income in your account). Any objection relating to the Net Income calculations and payment, or any lawsuit arising therefrom must be made (and any lawsuit commenced) no later than one (1) year after the date the relevant Net Income is posted to your account, and you hereby waive any longer statute of limitations that may be permitted by law, in any jurisdiction.
If we receive a lump-sum payment from a Digital Store that is not attributable to any particular user account(s) or specific recordings from any particular user account(s), we will, in our sole discretion, determine if, and to what extent, any portion of such monies shall be payable hereunder to each user. Without limiting the immediately preceding sentence, we may determine to distribute such monies (i) on a pro-rata basis based on the number of users with whom Music.Tech has distribution agreements; (ii) in its discretion among users based on historical earnings and/or proxy formula determined solely by Music.Tech; or (iii) based upon the amount the Digital Store credits to us for your Recordings subsequent to the payment to us.
Metadata
Digital Stores require that we provide certain information with your Recordings, mostly in the form of metadata, such as artwork images, artist name, logo, trademarks, service marks, song and album titles, biographical and other information including songwriters and publishers names ("Metadata"). You must own or have the right to share all necessary rights in any such information that you provide and you shall ensure that such Metadata is correct at all times when you are using our Services. We will ask for this information when you select to send a Recording to a Digital Store. You are responsible for providing us with all the required information, and if we or a Digital Store request that you correct any error, you correct it as soon as possible. A failure to correct these errors could delay or prevent the release of your Recordings to the requested Digital Stores.
Universal Products Codes and International Standard Recording Codes
An ISRC is required for any Recording released to a Digital Store. Each Recording must have its own ISRC. You will need to provide the ISRC for your Recording when you ask us to release it. If you don’t have an ISRC for your Recording, we can provide one as well as universal product codes (UPC). These codes are provided to you personally and in relation to specific Recordings, and you cannot transfer them to someone else as a stand-alone product but only together with the relevant Recording they are assigned against .
If you ask us to provide an ISRC, it means that you authorize us to use all necessary information (including the identity of the rights owner on whose behalf the ISRC was assigned, and reference Metadata about the recording including the artist name, track title, version, year of first publication, track duration, and other relevant data) and to maintain records of such information.
You cannot ask for an ISRC, nor create a new one using other services if you already have one for your Recording.
Advisory Warnings
You will be responsible for determining the advisory warning status for your Recording, including parental advisory status, and if an advisory is required by applicable law or regulation, or if you otherwise deem it appropriate, you will provide an advisory warning for your Recording when you ask us to release it. You will not deliver via the Digital Release Service a Recording and any artwork, images, lyrics, or other Metadata or material that has been rejected or banned by a competent government authority in the country where we will release your Recording.
Grant of Rights
Music.Tech works for and on behalf of musicians and creators. So you are NOT assigning or transferring us any copyright or ownership rights on your Recordings, but only granting us the non-exclusive rights and licences described in these terms. .
To allow us to provide you with our Release Service, you hereby grant us all the rights necessary for the Online Exploitation of your Recordings and any Metadata through Digital Stores. More precisely, you grant us the non-exclusive, sublicensable right and licence, throughout the world, to: (i) Reproduce, synchronize and communicate your Recordings to the public by telecommunication (including making your Recording available to the public by wire or wireless means in such ways that members of the public may access your Recordings from any place and at any time individually chosen by them), and to authorize Digital Stores to do any of the foregoing (including to authorize their clients to make reproductions of your Recordings) in any formats and through any media (now known or existing in the future), including, without limitation, permanent, temporary, limited and portable digital downloads, interactive, semi-interactive or non-interactive streaming, and cloud services; (ii) To create, reproduce and stream, and to authorize Digital Stores to create, reproduce and stream and authorize their clients to reproduce free preview clips of your Recordings; (iii)To use all name(s), photographs, likenesses, voice, artwork images, artist name, logo, trademarks, service marks, music or song and album titles, biographical and other information provided by you (in Metadata or otherwise) in connection with the Online Exploitation of your Recordings on the Digital Stores, and in any of our or the Digital Stores advertising or promotional materials. We will ask for your written approval before using any name or likeness as an endorsement of our Services and websites or of a Digital Store; (iv)To reproduce, integrate and communicate your Recordings to the public via lists of readers of the Digital Stores. You may revoke such authorization at any time by way of written notice to Music.Tech, in which case, Music.Tech shall remove your Recordings from said readers lists within 30 business days of receipt of the written notice from Music.Tech; (v) To collect all income (including the Net Income) from the Digital Stores in connection with the Online Exploitation of your Recordings.
The rights, licences, and guarantees that you grant us do not, however, cover the exploitation of any exclusive right over any musical work (music with or without lyrics) included in your Recordings.
Your Responsibilities
You're responsible for your conduct, Your Assets and you must comply with our Acceptable Use and Fair Usage Policy. Your Recordings and other content included in the Services may be protected by others' intellectual property rights. Please don't copy, upload, download, or share content unless you have the right to do so. We may review your conduct and content for compliance with the terms of this Agreement and our Acceptable Use and Fair Usage Policy. That said, we have no obligation to do so. We aren't responsible for the content people post and share via the Services.
Regarding third parties rights and payments, you are solely responsible: (i) To obtain any right required for us to make and authorize any Online Exploitation of your Recordings, Metadata, or other information or material you may provide us with to the full extent authorized herein from any person participating in the creation or performance of any work (such as musicscripts or direction) included on your Recording and/or in the production or making of your Recordings (such as any composers, lyricists, scriptwriters, directors, musicians, singers, actors, extras, music producers, sound or audiovisual recording makers or others);; (ii)To make any payment to any such person as may be due in consideration for any such rightsmentioned in point (i); (iii)To pay to any person who may be entitled thereto, any share of any payment of Net Incomes made by us to you as may be due and payable to any such persons except to the extent we have been required by you, are able to, and actually, pay such share(s) of such payment to such persons; (iv)To pay all amounts that may be required under collective bargaining agreements, copyright tariffs, or statutory schemes; (v)To pay for all licences and other fees required from copyrights owners (such as music publishers) for reproduction, public performance, and any other exploitation of your Recordings and any Metadata or other material images associated too; (iv) To pay for all taxes or other governmental withholdings.
The responsibilities above do not apply in respect of authors, composers, performers, producers, or makers associated with any Samples incorporated in your Recordings per the Samples Licence as set forth herein nor to Cover Mechanical Reproductions of any Cover Song incorporated in your Recordings for which we have been able to obtain a Cover Song Licence. .
If for any reason we make one of these payments for your Recordings, we will have the right to deduct it from any amount payable to you, including the Net Income (and require reimbursement for any outstanding balance).
Claims of Infringement and Take-Down Notices
If we receive a notice or we consider in our own discretion that your Recordings or any Metadata or other information or material you provide us are infringing the rights of others (such as their copyrights, trademarks, rights of publicity or other intellectual property rights) or that you are not complying with any of your obligations hereunder, including any licence or agreement pertaining to your Recordings, we will inform you and may, at our sole discretion, remove your Recordings, Metadata, and other information and material from the Digital Stores until you provide us with sufficient proof, in our sole opinion, that you have satisfactorily resolved any outstanding issues related to such claims. During this period, we may decide to freeze the Net Income of your account if we believe, using our reasonable judgment, that you may have violated the terms of this Agreement. If we determine, using our reasonable judgment, that your Recordings or any Metadata or other information or material you provide us with may infringe the rights of others, we can deduct, from any amount payable to you, any resulting costs for us (including legal fees and expenses), or seize and keep the Net Incomes from your account, without renouncing to the other rights and remedies we may have. If we have to retain legal counsel to review your submitted proof of resolution, you agree to assume responsibility for the associated legal fees and to pay us in advance. The provisions of this paragraph do not apply to unmodified Samples as may be incorporated in your Recordings per the Samples Licence and to mechanical reproductions of Cover Songs as may be incorporated in your Recordings and for which we have secured a Cover Song Licence in accordance herewith.
Fraudulent, Infringing, or Illegal Activitie
If we believe, in our sole discretion, that you might be using our Services for fraudulent, infringing, or other illegal activities, we have the right to remove your Recordings and cease accounting Net Income to your Account and disallow any withdrawal of funds from your Account until we are satisfied that you are not committing any fraudulent, infringing or other illegal activities. If we determine, using our reasonable judgment, that you have used our Services for any fraudulent, infringing, or other illegal activities or that you are not complying with any of your obligations hereunder, we can deduct, from any amount payable to you, any resulting costs for us (including legal fees) or seize and keep the Net Incomes from your Account and terminate your Account, without renouncing to our other rights and remedies we may have .
Warranties, Representations, and Indemnities
If you use our Services, you warrant and represent that:
You are have the prescribed age to lawfully enter into and form contracts under applicable law (and if you are under the prescribed age in the country where you reside, you have reviewed this Agreement with your parent or guardian to ensure you understand and are legally able to agree to be bound therewith, your acceptance thereof meaning that you represent and warrant that you are legally able to bind yourself by this Agreement);
You have the right and authority to enter into this Agreement and to grant us all rights specified;
the execution and performance of your or its obligations under this Agreement do not constitute a breach of or conflict with any other agreement or arrangement by which you or are bound
Your Recordings (other than unmodified Samples as may be incorporated in your Recordings per the Samples Licence and other than mechanical reproductions of Cover Songs as may be incorporated in your Recordings and for which we have secured a Cover Song Licence in accordance herewith) and any other materials and information you provide us with (such as names, artwork, images, and picture and/or other Metadata) and any Online Exploitation thereof authorized hereunder do not violate any law and do not infringe on the copyrights, trademarks, publicity and image rights, or any other rights of someone else.
There are no claims, demands or any form of litigation pending or, to the best of your knowledge, threatened with respect to any of your Recordings;
We will not be required to make any payments to any third party in connection with its use of your Recordings;
your Recordings do not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.
You agree to defend, indemnify, and hold us harmless our licensees (such as Digital Stores), and our officers, directors, affiliates, employees, shareholders, agents, and users from and against any and all liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with any claim, demands or actions related to your access or use of the Services, including any breach of this Agreement (each a “Claim”). If you have to indemnify us under this Section, we will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.
End of Services
You're free to stop using our Services at any time. We also reserve the right to suspend or end the Services at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Services if you're not complying with the terms of this Agreement, or use the Services in a manner that would cause us legal liability, disrupt the Services, or disrupt others' use of the Services.
More precisely, we will cease our Services for your Recordings if, but not limited to:
Your subscription to your Account ends for any reason;
You send us a written notice asking that we cease the release of your Recordings;
You are in breach of any terms of this Agreement;
We believe, at our sole discretion, that you may use our Services for any illegal activities, including the release of infringing Metadata, information, and other material;
You are not in compliance with our Acceptable Use and Fair Usage Policy;
Your use of a Plugin is not in compliance with the terms of this Agreement or the terms of the third-party developer’s end-user licence;
We decide to discontinue any of the Services;
We decide that we do not want to release your Recordings for any reason and at our sole discretion.
If we end the release of any of your Recordings, we will ask within thirty (30) days all applicable Digital Stores to remove your Recordings, including any related Metadata, information, and other material. We will have no additional obligations to you except for the payment of your Net Income earned prior to the date on which the Digital Stores remove your Recordings. It could take several weeks before the Digital Stores remove your Recordings and before we receive all related income.
Except for Paid Accounts, we reserve the right to terminate and delete your Account if you haven't accessed our Services for twenty-four (24) consecutive months. We will of course provide you with notice via the email address associated with your Account before we do so. If we collected royalties on your behalf that you have not withdrawn yet when we terminate your account, we will consider them abandoned and we shall redistribute such royalties across existing users at our sole discretion.
General Financial Terms
Unless indicated otherwise, all references to currencies shall be in US dollars.
If you pay for any Fees through the Music.Tech Platform using a credit card (if you hereby represent that you are authorized to use this credit card and (i) you have provided us with true and accurate financial information. You specifically instruct and authorize us to use your credit cards to conduct the transactions that you carry out indirectly when you use the Services .
We do not provide escrow services, and we have no fiduciary duty to you. You understand and accept that we will pay no interest on any amount that we retain or that could be owed to you, even if we might receive interest or earnings on such an amount.
Nonetheless, we may hold any payment due to you If we believe, at our sole discretion, that there might be a risk associated with you, your Account, your credit card, or any of your transaction or User Content. In this case, we will inform you without undue delay and consider the arguments and evidence presented to us.
If required by applicable law, we may withhold payments to you, in whole or in part, pending receipt of your correctly completed Form W-9 (if you are a US resident for tax purposes), Form W-8 (if you are a non-US resident for tax purposes), or any other applicable tax-related forms evidencing that no withholding is required. If any information provided on such tax forms is incomplete, incorrect, or misrepresented, we reserve the right to withhold sums due to you until all appropriate and correct information is submitted to and received by us that relieves withholding. We also reserve the right to withhold sums due to you if, based on appropriate and correct information that is timely submitted to and received by us, withholding is required under applicable law. You agree to indemnify us and you will be responsible for any costs, expenses, and liabilities we may pay or incur as a result of any incorrect, inaccurate, or misrepresented tax or financial information provided by you.
We may suspend any payment due to you when required for the resolution of a Dispute, or when we believe that it is reasonably justified.
Pricing terms and conditions
Individual Assignment and Use of Accounts
Accounts are restricted to individual users. Each user accessing the Service shall possess their account and pay applicable fees.
Premium accounts are not shareable, even amongst employees (and collaborators) of an Organization that is paying for the Service. Each such employee requires a Premium account dedicated to his individual use.
Premium Accounts
Music.Tech offers you the option of increasing your account privileges for a fee. By doing so, your account will be converted to a Premium Account and will not be subject to some of the restrictions placed on Free Accounts as described below.
Music.Tech accepts credit cards and will automatically charge your credit card monthly or yearly, depending upon which Premium Account you select. If any fee is not paid promptly, or Music.Tech is unable to process your transaction using the credit card information provided, Music.Tech reserves the right to revoke access to your Music.Tech account and Files. If you do not bring your Music.Tech balance current within five (5) days after Music.Tech provides you with notification that your account is in arrears, Music.Tech reserves the right to use our discretion to delete some or all of Your Files to reduce your storage space to the level offered to Free Accounts, and to convert your Music.Tech Premium Account to a Free Account (which is subject to the restrictions described below).
Billing
Premium Subscriptions
The fees for your Premium Account will be billed from the date you elect, or convert to, a Premium Account and on each monthly or yearly renewal thereafter unless and until you cancel your account. Click on the link on your "Account" page to see the commencement date for your next renewal period. Music.Tech will automatically bill your credit card each month or year on the calendar day corresponding to the commencement of your Premium Account. In the event your Premium Account began on a day not contained in a given month or year, Music.Tech will bill your credit card on the last day of such month or year. For example, if your Premium Account began on January 31st, February 28th is the next time your credit card would be billed. You acknowledge that the amount billed each month or year may vary for reasons that include, differing amounts due to promotional offers, differing amounts due to changes in your account, or changes in the amount of applicable sales tax, and you authorize us to charge your credit card for such varying amounts. Music.Tech may also periodically authorize your credit card in anticipation of account or related charges. All charges are non-refundable and there are no refunds or credits for partially used periods.
Should you elect to upgrade your Premium Account, the commencement date for your next renewal period will be reset and you will be billed for the first month or year of the upgraded level of service on a pro-rata basis. For example, if you begin your monthly-billed Premium Account on February 15th, your next payment would be due on March 15th. On March 22, you upgrade your Premium Account to a larger amount of storage space and pay the new amount associated with the upgraded Premium Account you have selected, less the amount equal to 7 days at your previous Premium Account rate. Your next payment would then be due on April 22.
Music.Tech may change the charges in effect, or add new charges from time to time, but we will give you advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your "Account" page. If your credit card reaches its expiration date, your continued use of the Music.Tech constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
Per-use transactions
When you use the Music.Tech service and order the mastering of a song that involves a per-use fee, your account will be billed immediately to your credit card for each such transaction that you perform.
Administrative fees
When you use the Music.Tech service to release Musical Recordings without holding a Premium Account, we will deduct an administrative fee of up to $0.50 USD every month from the royalties we collect on your behalf, which we will use as your contribution to help us pay for the operational charges involved in keeping your releases active.
Canceling Your Account
Your Music.Tech Premium Account will continue in effect unless and until you cancel your Premium Account or we terminate it. You must cancel your Premium Account before it renews each month or year to avoid billing the next month's or year's fees to your credit card. Music.Tech will bill the monthly or yearly fees associated with your Premium Account plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).
Music.Tech Premium Accounts are prepaid and non-refundable. Music.Tech DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel your Music.Tech Premium Account at any time, and cancellation will be effective immediately. If you wish to cancel your Premium Account you may do so via your "Account" page. Should you elect to cancel your Premium Account, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees.
By signing up for a Music.Tech Premium Account and providing Music.Tech with your payment account information, you hereby agree to these payment terms and conditions.
Free Accounts
Music.Tech allows you to use some aspects of the Service according to certain restrictions free of charge. Music.Tech reserves the right to terminate Free Accounts at any time, with or without notice. Without limiting the generality of the foregoing, if a Free Account is inactive for ninety (90) days, then Music.Tech may delete any or all of Your Files without providing additional notice.
For further information regarding your Music.Tech Premium or Free Account, please see the Music.Tech Terms of Service.
Credit card use and updates
Music.Tech shall charge all applicable fees on the credit card or PayPal account associated with your Music.Tech account. You are responsible for providing Music.Tech with valid credit card information. You may modify this information at any time by accessing the "Credit Card" section of the Service. You must update your credit card information if your credit card information changes.
Music.Tech accepts no liability to complete any transaction which cannot be cleared by our payment processor, whether because there are no sufficient funds available on your credit card or otherwise. If such a situation occurs, you will receive an error message from the Service and the transaction will be denied. Moreover, Music.Tech may suspend your account and contact you so you can provide Music.Tech with valid alternative credit card information. Such suspension shall not relieve you from your obligation to pay any fees owed to Music.Tech.
Unless specifically mentioned, all amounts stipulated in this Agreement and the Service are expressed in US dollars and exclude all applicable taxes.
Acceptable use and fair usage policy
Acceptable Use
Music.Tech Audio Inc. (“Music.Tech”)s services, client software and websites (the “Service”) are intended to be used by millions of people, and we trust you to use the Service responsibly.
This Acceptable Use and Fair Usage Policy should be read together with our Terms of Service.
You agree not to misuse the Service. By using our Services or purchasing our Goods, you're agreeing to be bound by and to adhere to the terms of this Acceptable Use and Fair Usage Policy. For example, you must not, and must not attempt to, use the services to do the following things:
Probe, scan, or test the vulnerability of any system or network;
Breach or otherwise circumvent any security or authentication measures;
Access, tamper with, or use non-public areas of the Service, shared areas of the Service you have not been invited to, Music.TechLandr’s (or our service providers’) computer systems;
Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
Plant malware or otherwise use the Services to distribute malware;
Access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
Send unsolicited communications, promotions or advertisements, or spam;
Publish anything that is fraudulent, misleading, or infringes another person’s rights;
Promote or advertise products or services other than your own without appropriate authorization;
Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
Violate the law in any way, or to violate the privacy of others, or to defame others;
Impersonate or misrepresent your affiliation with any person or entity;
Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service;
Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service;
Provide payment information belonging to a third party;
Use the Service in an abusive way contrary to its intended use, to its documentation or to Music.TechLandr Audio’s reasonable instructions;
If you make available or share material using the Services for which you don't own the copyright or a license allowing you to do so, Music.Tech may remove it without prior notice.
Read our Terms of Service for more information.
Fair Usage
Music.Tech has prepared this policy as a guide for you to understand the intended uses of our Services, and to prevent exploitation and abuse of the unlimited features offered in our plans.
Normal, Reasonable Personal or Professional Use
The Service as offered in our plans is intended for normal, reasonable personal or professional use. “Unlimited” refers to that type and level of usage. Normal, reasonable personal or professional use does not include commercial uses, such as operating a business where you use the Services to master or release an abnormally high number of tracks (in exchange for fees or not) compared to the typical user for personal or professional purposes.
Mastering & distribution
Music.Tech evaluates your usage in comparison to typical levels of usage engaged in by other users. Based on such evaluation, Music.Tech may determine that abnormal, unreasonable usage is occurring when compared to typical users.
Although we do not wish to set a specific limit, as a guideline, we will generally consider that your usage is abnormal or unreasonable if you regularly (i) master eight (8) tracks per day or more, or two hundred forty (240) tracks per month and/or (ii) release twenty (20) tracks or more per month.
As a general rule, and to reinforce the fact that we expect our users to create content with passion, patience and care, we will prevent you from releasing more than 30 new songs per artist for which you have an active subscription, in any given month, excluding catalog migrations to Music.Tech. We will consider exceptions to these rules from time to time, at our sole discretion.
We understand that your use of the Services may be irregular, with periods where you may wish to master and/or release several tracks and others where you may not wish to master and/or release any track, and as such we will review and evaluate your use accordingly.
If Music.Tech determines that your use is abnormal or unreasonable, we will contact you (via the email address provided in your account) to inform you of your usage, and may give you the opportunity to correct your usage or offer you to subscribe to a different plan. We also reserve the right to take any further action, including suspending immediately your account and your use of the Service, or closing your account.
Library and File Storage
We had to establish reasonable and fair limitations regarding the amount of files that can be stored in your library. Thus, by creating a Music.Tech account, you automatically get up to 2 GB of free space to store your files in your library. Once you have a Music.Tech subscription, this limit increases up to 1 TB. Former Music.Tech subscribers will be limited to 10 GB of free storage.
In the event that your usage reaches or exceeds the allowed limits, you will be notified through our platform. To address the situation, you will have the option to either reduce your usage or purchase a plan that offers additional storage.
Copyright information
© Music.Tech Audio Inc. 2023 - All Rights Reserved
This Copyright Policy describes how Music.Tech protects copyrights, ensures compliance with copyrights, and responds to take-down notices. It also contains information on how to make take-down notices. We understand the importance of copyrights and we will take seriously claims of infringement.
If you have any questions on this Copyright Policy, you can reach out to us at Info@Music.Tech
No part of this website or any of its contents may be reproduced, copied, modified, or adapted, without the prior written consent of the author, unless otherwise indicated for stand-alone materials.
You may share this website by any of the following means:
Using any of the share icons located on the Music.Tech website;
Provide a back-link or the URL of the content you wish to disseminate; and
You may quote extracts from the website with attribution to Music.Tech.
For any other mode of sharing, please contact us at Info@Music.Tech.
Commercial use and distribution of the contents of the website are not allowed without express and prior written consent of the author.
Your Obligations
When using our online platform and services (our “Services”), you are required to comply with this Copyright Policy, as well as with our Terms of Services. This means that you have to comply with these rules regarding copyrights:
You can only use the website content, information, audio, materials, media, and sounds (the “Music.Tech Content”) that we make available to you based on the licenses granted in the Terms of Services. The Music.Tech Content available on our website is subject to copyrights, and you cannot use it without our authorization. This means that you cannot redistribute the Music.Tech Content without modifications.
You will not distribute audio, materials, media, and sounds (the “User Content”) without having the rights to do so. If you perform a cover song, you must have the right to distribute and declare all the information required at the time of distribution.
You cannot pledge, mortgage, or otherwise encumber any part of the User Content that you distribute through the Services.
You are responsible for attributing copyrights in relation to any User Content that you distribute through the Services, such as those of contributors, including artists that contribute to associated artwork.
You cannot copy, infringe or misappropriate the copyrights of others, including by uploading User Content without rights or using another person’s likeness, or image. You should only upload User Content that you have made or that you have the right to use. This means that you should not upload content for which the rights are owned by someone else, including music tracks and recordings.
Your use of the Services does not give you any right to assert or imply that you are, or that your use of the Music.Tech Content is, connected with, or sponsored, endorsed, or granted official status by Music.Tech or any other artists.
You may provide a copyright notice of a maximum of characters in length as indicated by Music.Tech for any distributed User Content, in which case, the digital stores through which the User Content is distributed will include this copyright notice in a manner that can be viewed prior to purchase of a recording.
Collaborations
Some features within the Services allow you to collaborate with others (each a “Collaborator”). Collaborators are responsible for determining the terms of the collaboration, including the attribution of copyrights, such as how the copyrights are shared, what happens in the event a Collaborator is disabled or passes away, who can give rights over the Recordings, how credits will be given to the User Content generated, and in what order. We can’t provide you with legal advice on what’s best for you, and none of the information that we provide you should be interpreted as legal advice. We have a blog to help you understand some key concepts relating to the music industry here, but if you are thinking of distributing User Content generated with Collaborators through our Services, you should consider getting a lawyer to draft an agreement for you. It’s better to think ahead and plan for the unexpected before the distribution of the User Content.
Collaborators must be users of the Services to receive their royalties, otherwise, you are also responsible for managing the payment of royalties to these Collaborators.
Notices of Infringement
If you have reason to believe that the Music.Tech Content, the User Content, or any material accessible through our Services has been copied and is accessible on the Services in a way that constitutes copyright infringement, or that the Services contains links or other references to another site, application, destination or service that contains content or activity that infringes your copyright rights, you may notify us by providing the following information:
A description of the copyrighted work that you claim has been infringed, or a representative list of the copyrighted works that you claim have been infringed.
The material or link you claim is infringing (or the subject of the infringing activity) and to which access is to be disabled, including, at a minimum, if applicable, the URL of the link shown within the Services or the exact location where such material may be found.
Provide your company affiliation (if applicable), mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the notice:
Provide your full legal name and your electronic or physical signature, if we are required to obtain it from you to respond.
You can contact our Copyright Agent using this mailing address:
Legal Department
#2100 - 1001 Blvd Robert-Bourassa
Montréal, Qc, Canada, H3B 4L4
By e-mail at Info@Music.Tech
We are a Canadian company and we are not directly subject to the Digital Millennium Copyright Act, but we take notices of infringement seriously and we will respond to notices of alleged copyright infringement.
Responding to these claims and investigating breaches of copyrights can be intensive in resources and cause significant disagreements to individuals targeted by a claim. Misrepresentations made in a notice claiming that User Content, Music.Tech Material, or any content is in violation of the law may expose you to liability for damages (including costs and attorney fees). You are responsible for considering copyright defenses, limitations, or exceptions before making a claim to us or sending us a notice. If you’re not sure of your claim, think about first contacting an attorney. You should also make sure that we have the capabilities to take action. If the content does not reside within our Services, we do not have control over it.
Responses to Copyright Infringement Claims
Upon reception of a notice of copyrights infringements, or if we discover that you have been involved in a copyright infringement, or might have been involved, we will review the information available and take the action that we deem appropriate under the laws, including the removal of the challenged content from our Services.
While we investigate, we may suspend the distribution or availability of your User Content, of your royalties or the distribution of the royalties, or even access to the Services. We will give you a reasonable chance to provide us with explanations in response to such claims.
You understand that we may take down, remove, suspend the distribution of, and permanently delete User Content that we reasonably believe is in infringement of another person’s copyrights. You agree to cooperate with us as necessary to resolve any such claims affecting your User Content.
You also understand that we may notify any online digital stores that the content distributed is in violation of another party’s copyrights. The online digital stores will handle this claim in accordance with their policies.
Your Rights in Case of a Notices of Infringement
If you believe that your User Content was wrongfully removed, disabled, or made unavailable according to this Copyright Policy, you have the right to provide our Copyright Agent with a counter-notice containing the following information for our review:
Your physical or electronic signature, if required by us in accordance with the law.
The identification of the User Content that was removed or to which access has been disabled as a result of a mistake or a misidentification of the User Content
Your name, address, telephone number, and email address.
We may share your counter notice with the party that initially claimed you to inform them that we have decided against their claim based on this response. Unless the copyright owner then files an action seeking a court order, we may decide to make your User Content available again, continue the distribution or otherwise restore access within 30 days of receiving such notice. We will not defend you in law or front of a court of law under any situation.
You agree that you may be required to submit proof of resolution prior to us resuming the Services and reactivating any distribution of the User Content.
Repeat Infringement
Music.Tech takes copyright infringement seriously, and we may suspend your rights to use the Services forever if we find that you have been a repeat infringer of our copyrights or the copyrights of others. We define in our sole discretion what is a repeat infringer, and it includes minimally users that have received more than one claim of infringement. We may also suspend, confiscate, or freeze your royalties as explained in the Terms of Services.
Change to this Copyright Policy
We may change this Copyright Policy from time to time, including as necessary to respond to legal requirements. If we do so, we will try our best to inform you either by email or through a notice in the Services.
Confidentiality
You understand that, while using our Services, you may have access to certain of our confidential information. You agree to keep such information confidential. Music.Tech’s Privacy Officer is David Burridge. Enquiries can be addressed to Info@Music.Tech
Software
Some of our Services including our Website allow you to download client software ("Software") which may update automatically. So long as you comply with the terms of this Agreement, we give you a limited, non-exclusive, non-transferable, revocable licence to use the Software, solely to access the Services and/or the Website. To the extent any component of the Software may be offered under an open-source licence, we'll make that licence available to you and the provisions of that licence may expressly override some of the terms of this Agreement. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
We make reasonable efforts to ensure that our Software and Services are secure and free from viruses, malware, or other harmful components. However, we do not guarantee that the Software or Services will be free from such risks. You acknowledge and agree that the use of the Software and Services is at your own risk, and Music.Tech shall not be liable for any damage, loss, or disruption to your data, hardware, software, or network resulting from viruses, malware, or any other security vulnerabilities associated with the use or download of our Software. It is your responsibility to implement appropriate security measures, including the use of up-to-date antivirus software, firewalls, and secure network configurations, to protect your systems and data.
Disclaimer of Warranty and Limitation of Liability
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, Music.Tech MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICES, THE SAMPLES, THE SOFTWARE AND THE PLUGINS, INCLUDING THAT THE SERVICES, SAMPLES,THE SOFTWARE AND PLUGINS WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE, SOFTWARE, CONTENT OR DATA PROVIDED BY THIRD PARTIES, THAT THE SERVICES, SAMPLES, THE SOFTWARE AND PLUGINS WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR-FREE, OR THAT ALL ERRORS IN THE SERVICES, SAMPLES, THE SOFTWARE AND PLUGINS WILL BE CORRECTED. Music.Tech PROVIDES THE SERVICES, SAMPLES, THE SOFTWARE AND PLUGINS “AS IS” AND “AS AVAILABLE”.
Music.Tech INCURS NO RESPONSIBILITY OR LIABILITY IN RESPECT OF COVER SONGS FOR WHICH WE CAN SECURE COVER MECHANICAL LICENCES. ANY WARRANTY AND LIABILITY APPLICABLE TO COVER SONGS ARE THOSE WHICH MAY BE EXPRESSLY GRANTED BY THEIR LICENSORS, IF ANY, TO THE EXTENT YOU MAY LEGALLY OPPOSE THE SAME TO THESE LICENSORS, AND SUBJECT TO ANY DISCLAIMER AND LIMITATION IMPOSED BY THESE LICENSORS.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, Music.Tech’S WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED.
TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL Music.Tech, ITS AFFILIATES, ITS OFFICERS, ITS DIRECTORS, ITS EMPLOYEES, ITS AGENTS, ITS SUPPLIERS, ITS LICENSORS, AND ITS LICENSEES HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR DIRECT, IN THE CASE OF THE SAMPLES AND SAMPLES SERVICE, INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR (DIRECT OR INDIRECT) LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE RELEASE SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF Music.Tech HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT Music.Tech IS FOUND LIABLE TO PAY YOU ANY DAMAGES, Music.Tech’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEED US$100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED EVEN IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE.
Online Materials
The materials published on our website are solely for your personal and non-commercial use. Our website is controlled and operated by us from our offices located at the address set out at the end of this Agreement. We do not control or endorse any content supplied by third parties. Any content from third parties is published in good faith. We are not responsible for its accuracy or for its use. You accept all responsibility for your use of our website and any information it contains. You may not modify, change or edit any content including descriptions and pricing provided in our website or online forms.
General Provisions
This Agreement shall be exclusively governed by and construed by the laws applicable in the Province of Quebec, Canada. Parties hereby irrevocably submit and attorn to the exclusive jurisdiction of the Courts of the district of Montreal, Province of Quebec.
This Agreement is the entire and exclusive agreement between us and you regarding the Services, and this Agreement supersedes and replaces any prior agreements between us and you regarding the Services.
If we are prevented from, or delayed in, carrying on our business due to circumstances beyond our reasonable control, we may defer delivery or cancel the Contract (without liability to you). Such circumstances include, acts of God, government actions, war, national emergency, riot, civil commotion, fire, explosion, flood, epidemic, pandemic, lock-outs, strikes, other labour disputes, or inability or delay in obtaining supplies of materials. If the circumstance in question continues for a continuous period of more than seven (7) days, you can give us written notice to end this Agreement.
Each of our rights or remedies under this Agreement is without prejudice to any of our other rights and remedies whether under the Contract or not.
No waiver by Music.Tech of any provision of this Agreement or of any default hereunder shall affect Music.Tech’s rights thereafter to enforce such provisions or to exercise any right or remedy in the event of any other similar or non-similar default.
Nothing in this Agreement or any Contracts related to Goods and Services shall be construed to create any rights for third parties.
You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without our prior written consent, which consent is within Music.Tech’s sole discretion. No assignment or delegation by you shall relieve or release you from any of your obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the parties and their respective successors and assigns. We shall be allowed to assign this Agreement to any third party without requiring your consent, in which case we will only be released from all its obligations towards you hereunder if the assignee agrees in writing to assume and be bound by such obligations.
Nothing in this Agreement shall constitute a partnership or joint venture between you and us.
If a particular provision of this Agreement is held to be invalid within a given jurisdiction by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement for that jurisdiction and shall not affect the validity of this Agreement as a whole.
You hereby agree that this Agreement be drawn up in English and that all modifications thereof can be made in this language.
The headings of paragraphs are for the convenience of the parties only and are not to be construed in the interpretation of this Agreement. The terms “this Agreement”, “hereto”, “hereunder” and similar expressions refer to this Agreement and not to any particular Article, Section or other portion hereof and include any agreement supplemental hereto. Unless something in the subject matter or context is inconsistent therewith, references herein to Articles and Sections are to Articles and Sections of this Agreement. Words importing the singular include the plural and vice versa in this Agreement.
Contact
If you have any customer service inquiries, concerns, questions, or complaints regarding this Agreement, please contact Music.Tech at:
1001 boul. Robert Bourassa
Suite 2100
Montreal, QC
H3B 4L4
The current Agreement's last update was March 13, 2025.