Terms of Service
Last updated: December 1, 2024
1. Acceptance of Terms
Welcome to Distro8. By accessing or using our website, platform, and services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use our Services. These Terms constitute a legally binding agreement between you and Distro8, Inc. ("Distro8," "we," "us," or "our"). We reserve the right to modify these Terms at any time, and your continued use of the Services after any changes constitutes your acceptance of the new Terms.
2. Description of Services
Distro8 provides a digital music distribution platform that allows artists, labels, and other rights holders to upload, manage, and distribute their music to various streaming platforms, digital stores, and other digital service providers worldwide. Our Services include, but are not limited to: music distribution, royalty collection and payment, analytics and reporting, content protection, and promotional tools. The specific features available to you depend on your subscription plan. We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time with reasonable notice.
3. User Accounts
To use our Services, you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must be at least 18 years old to create an account. If you are under 18, you must have parental or legal guardian consent. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. Distro8 reserves the right to suspend or terminate accounts that violate these Terms or are involved in fraudulent or illegal activities.
4. Content and Intellectual Property
You retain all ownership rights to the music and content you upload to Distro8. By uploading content, you grant Distro8 a non-exclusive, worldwide license to distribute, deliver, and make available your content to our partner platforms for the purpose of fulfilling our Services. You represent and warrant that you own or control all rights to the content you upload, and that such content does not infringe upon the intellectual property rights of any third party. Distro8 reserves the right to refuse distribution of any content that we reasonably believe infringes third-party rights or violates applicable law.
5. Royalties and Payments
Distro8 collects royalties on your behalf from our distribution partners and pays them to you in accordance with your subscription plan's commission structure. Commission rates vary by plan: Free (15%), Pro (10%), and Label (5%). Payouts are processed monthly once you reach the minimum threshold for your plan. Payment methods include bank transfer, PayPal, and Payoneer. We are not responsible for delays in payments caused by third-party platforms or payment processors. You are responsible for any taxes applicable to your royalty income.
6. Subscription Plans and Billing
Paid subscription plans are billed in advance on a monthly or annual basis, depending on your selected billing cycle. All fees are non-refundable except as expressly stated in these Terms or required by applicable law. You may upgrade or downgrade your plan at any time. Upgrades take effect immediately with prorated billing. Downgrades take effect at the start of your next billing cycle. We reserve the right to change our pricing with 30 days' advance notice. If you cancel your subscription, your account will revert to the Free plan at the end of your current billing period.
7. Prohibited Conduct
You agree not to: (a) upload content that you do not have the right to distribute; (b) engage in any form of streaming fraud, including but not limited to artificial streaming, click farms, or any manipulation of play counts; (c) upload content that is unlawful, defamatory, obscene, or otherwise objectionable; (d) attempt to circumvent any security measures of the platform; (e) use automated systems or bots to access the Services; (f) reverse engineer, decompile, or disassemble any part of the platform; or (g) interfere with or disrupt the Services or servers connected to the Services. Any engagement in streaming fraud will result in immediate account termination and forfeiture of unpaid royalties.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Distro8 shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or other intangible losses, resulting from your use of or inability to use the Services. Our total liability to you for any claims arising out of or relating to these Terms or the Services shall not exceed the amount you paid to Distro8 in the twelve (12) months preceding the event giving rise to the claim.
9. DMCA and Copyright Claims
Distro8 respects intellectual property rights and complies with the Digital Millennium Copyright Act (DMCA). If you believe that content on our platform infringes your copyright, please submit a DMCA takedown notice to our designated copyright agent at legal@distro8.com. Your notice must include: identification of the copyrighted work claimed to be infringed, identification of the infringing material, your contact information, a statement of good faith belief, and a statement of accuracy under penalty of perjury. We will respond to valid DMCA notices in accordance with applicable law.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising out of or related to these Terms or the Services shall be resolved through binding arbitration in Austin, Texas, in accordance with the rules of the American Arbitration Association. You agree to waive your right to a jury trial and to participate in class action lawsuits.
12. Contact Information
If you have any questions about these Terms of Service, please contact us at legal@distro8.com or write to us at: Distro8, Inc., 123 Music Row, Austin, TX 78701, United States.