Terms of Service

1. Introduction

Welcome to Distrify.me ("we", "our" or "us"). These Terms of Service ("Terms") govern your access to and use of the Distrify.me website, mobile applications, and services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you may not access the Service.

2. Definitions

• "Artist" or "Provider" refers to any individual or entity that registers and uses our Service to distribute music and related content."Artist" or "Provider" refers to any individual or entity that registers and uses our Service to distribute music and related content.
• "Content" refers to music, artwork, metadata, and any other material uploaded to our Service."Content" refers to music, artwork, metadata, and any other material uploaded to our Service.
• "Credits" refers to digital tokens that can be purchased and used to access certain AI-powered features within the Service."Credits" refers to digital tokens that can be purchased and used to access certain AI-powered features within the Service.
• "Distribution" refers to the delivery of Content to digital music services, stores, and platforms."Distribution" refers to the delivery of Content to digital music services, stores, and platforms.
• "Distributor" refers to Distrify Music S.L., with C.I.F.: B-19358282, and registered office at Calle Francisco Remiro 34, 28028, Madrid, Spain."Distributor" refers to Distrify Music S.L., with C.I.F.: B-19358282, and registered office at Calle Francisco Remiro 34, 28028, Madrid, Spain.
• "Fan" or "Buyer" refers to any person who purchases content, products, or access through an artist's direct store on the Platform, or who activates a FANICON.
• "FANICON" refers to a physical object (disc, card, or other medium) with an NFC chip containing a unique identifier (UID) that grants access, via an activation code, to digital content editable by the artist.
• "Platform" refers to the full set of services offered by Distrify.me, including digital distribution, the multi-artist direct store, and FANICON management.

3. Account Registration

To use certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Content Submission and Distribution

By submitting Content to our Service, you represent and warrant that:

• You own or have secured all rights, licenses, consents, and permissions necessary to use and authorize us to use the Content;
• The Content does not infringe or violate any third party's rights, including copyright, trademark, privacy, publicity, or other personal or proprietary rights;
• The Content complies with these Terms and all applicable laws and regulations;
• The metadata and other information provided with the Content is accurate and complete.

You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display the Content for the purpose of providing and promoting the Service.

5. Distribution Services

Our Service allows Artists to distribute Content to digital music services, stores, and platforms ("Digital Services"). By using our Distribution Services, you acknowledge and agree that:

• We do not guarantee that your Content will be accepted by all Digital Services;
• Each Digital Service has its own terms, conditions, and delivery requirements that may change from time to time;
• Digital Services may remove or refuse to offer Content at their discretion;
• Release dates are not guaranteed and may be subject to delays due to Digital Service processing times;
• You are responsible for ensuring your Content meets the technical specifications and content guidelines of all Digital Services.

6. Contract Duration

The distribution agreement has a duration of 2 years from the release date of your content, with automatic renewal unless either party communicates their intention not to renew the services at least 30 days before the expiration date.

7. Provider (Artist) Obligations

As a Provider using our Service, you agree to:

• Supply the Distributor with digital products in the necessary formats and conditions for distribution;
• Provide necessary communications for marketing purposes;
• Maintain accurate and up-to-date information related to your Content and account.
• Fan data protection: if you access fan data through the direct store or FANICONS, process it solely for the purposes communicated to the fan at the time of collection, do not transfer or sell it to third parties, and comply with the GDPR obligations applicable to a data controller with respect to your own fans.

8. Distributor Obligations

As a Distributor, we commit to:

• Distribute digital products on the platforms specified in the contract;
• Inform the Provider about sales and market conditions;
• Maintain appropriate security measures to protect your Content and account information.

9. Pricing and Payment Terms

Distribution Pricing: For current pricing of our distribution services, visit our Distribution page where you will find detailed information about available options for Singles, EPs, and LPs.

Royalties: The Royalty to be received by the DISTRIBUTOR in consideration for the assignment of rights necessary for electronic distribution operations of the Recordings, will be a percentage of TWENTY percent (20%) calculated on the net income received by THE LICENSOR.

Marketing Services Pricing: For detailed information about our marketing services and their pricing, we invite you to visit our Marketing page. We offer services for various platforms including Meta, Google/YouTube, and TikTok with different options according to your needs.

Taxes: All fees are exclusive of applicable taxes (such as VAT), which will be charged where required by law. You are responsible for paying all taxes associated with your use of the Service.

10. Contract Termination and Content Removal

As indicated in Section 6, the distribution agreement has a duration of 2 years from the release date of your content, with automatic renewal. If you wish to terminate the agreement after the initial 2-year period, you can do so by following these steps:

1. Send an email to support@distrify.me with the subject "Content Removal Request"
2. In your email, include your artist name, the titles of the content you wish to remove, and the reason for removal
3. Our team will process your request and initiate the content removal process
4. The complete removal process may take up to 30 days, depending on digital platform processing times

Please note that content removal requests during the initial 2-year contract period may be subject to early termination fees. For more details about content removal and takedown procedures, contact our support team.

11. AI-Powered Features and Credits System

Our Service includes AI-powered features available through a credits system. By using these features, you acknowledge and agree that:

• Credits must be purchased to access certain AI-powered features beyond the free tier;
• Credits are non-refundable once used;
• The cost and availability of credits may change at our discretion;
• AI-generated content may require additional editing or refinement before use;
• You are responsible for reviewing and approving any AI-generated content before using it;
• We do not guarantee that AI-generated content will meet your expectations or requirements.

Credit Plans: We offer different credit plans to suit your needs, from a free plan for new artists to premium plans for professionals with active marketing. For updated information about our credit plans and their pricing, we recommend visiting our website or contacting our support team.

12. Intellectual Property

The Provider (ARTIST/LICENSOR) reserves all intellectual property rights to the digital products. The Distributor commits not to infringe these rights.

The Service and its original content (excluding Content submitted by users), features, and functionality are and will remain the exclusive property of Distrify.me and its licensors. The Service is protected by copyright, trademark, and other laws.

Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

13. Confidentiality

Both parties commit to maintaining the confidentiality of information exchanged during the term of this contract.

14. Dispute Resolution

Any dispute arising from this contract will be resolved in the Courts of MADRID.

15. Modifications

Any modification to this contract must be made in writing and signed by both parties.

16. Governing Law

This contract will be governed and interpreted in accordance with Spanish legislation.

17. Limitation of Liability

To the maximum extent permitted by law, in no event shall Distrify.me, its directors, employees, partners, agents, suppliers, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to or use of or inability to access or use the Service;
• Any conduct or content of any third party on the Service;
• Any content obtained from the Service; and
• Unauthorized access, use, or alteration of your transmissions or content.

18. Disclaimer

Your use of the Service is at your own risk. The Service is provided "AS IS" and "AS AVAILABLE". The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

19. Direct Store: Distrify's Role as Intermediary Platform

Distrify.me enables artists to sell digital content directly to their fans through their own store ("Direct Store"). Within the Direct Store framework:

• The sales contract is established between the Artist (seller) and the Fan (buyer). Distrify.me acts as an intermediary platform that facilitates the technical transaction and payment processing, but is not a party to the sales contract.
• The Artist is responsible for fulfilling their obligations to the Fan: delivery of purchased content, customer service, complaint handling, and where applicable, refunds.
• Distrify.me assumes no liability for disputes between the Artist and the Fan arising from the sale, although it may mediate as a facilitator upon request by either party.
• Distrify.me retains a commission of 20% on the net sale price of each transaction as a platform service fee. The remaining 80% belongs to the Artist.
• In compliance with the applicable Digital Services Act (DSA), the Artist-seller's information (trade name, contact details) is visible to the Fan before completing the purchase.

20. FANICONS: Physical Objects with Digital Content

FANICONS are physical objects (discs, cards, or other media) with NFC chips that provide access to digital content editable by the artist. The use of FANICONS is subject to the following conditions:

20.1 Right of withdrawal

The Fan has 14 calendar days from receipt of the physical object to exercise the right of withdrawal without giving any reason. However, once the Fan has activated the access code and accessed the digital content, the right of withdrawal will be excluded with respect to the digital content, in accordance with applicable consumer law. At the time of activation, the Fan will expressly consent to the immediate supply of digital content and acknowledge the loss of the right of withdrawal.

20.2 Dynamic content ("live disc")

The Artist may update the content accessible through the FANICON after the sale. The Fan accepts that content may vary over time. However, the Artist may not remove access to the core content offered at the time of purchase, nor replace it with content that violates these Terms or is harmful to the Fan.

20.3 Service continuity

In the event of cancellation of the Artist's account, Distrify.me will guarantee the Fan's access to activated FANICON content for a minimum period of 12 months from the cancellation date. After that period, access may cease without entitling the Fan to a refund of the physical object's price. Distrify.me will notify the Fan at least 90 days in advance if access to the digital content is to cease.

20.4 Artist responsibility for content

The Artist is solely responsible for the content published in the FANICON. Distrify.me reserves the right to suspend or remove access to content that violates these Terms, applicable law, or third-party rights, notifying the Artist in advance whenever possible.

21. Contact Information

If you have any questions about these Terms, please contact us at: