Terms of Service

1.1 Binding Agreement

Your use of AMG services indicates your acceptance of these Terms. If you are using our services on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

1.2 Modifications

We reserve the right to modify these Terms at any time. Continued use of our services after changes constitutes acceptance of the modified Terms. We will notify users of significant changes via email or platform notifications.

2.1 "Content"

Refers to any and all musical works, sound recordings, artwork, metadata, lyrics, videos, and any other materials uploaded to or distributed through AMG services.

2.2 "Services"

Includes but is not limited to: music distribution, royalty collection, analytics reporting, promotional tools, and any other services offered by AMG.

2.3 "DSPs" (Digital Service Providers)

Third-party streaming platforms, digital stores, and services where AMG distributes content, including but not limited to Spotify, Apple Music, YouTube Music, Amazon Music, TikTok, etc.

2.4 "Royalties"

All forms of compensation paid by DSPs for the use, streaming, sale, or other exploitation of Content.

2.5 "Metadata"

Information associated with Content, including but not limited to: artist name, track titles, album titles, ISRC codes, UPC codes, songwriter credits, producer credits, genre classifications, and release dates.

3.1 Age Requirements

• You must be at least 13 years old to use AMG services
• Users under 18 must have explicit permission from a parent or legal guardian
• Parents/guardians are responsible for minor users' activities

3.2 Legal Capacity

You must have the legal capacity to enter into binding contracts in your jurisdiction.

3.3 Geographic Restrictions

Services may not be available in all jurisdictions. You are responsible for compliance with local laws.

3.4 Professional Verification

For label and publisher accounts, we reserve the right to request additional verification documents.

4.1 Account Security

• You are solely responsible for maintaining account confidentiality
• You must immediately notify AMG of any unauthorized access
• AMG is not liable for losses resulting from unauthorized account access

4.2 Account Information

You must provide accurate, complete registration information and keep it updated.

4.3 Account Transfer

Accounts are non-transferable without written consent from AMG.

4.4 Multiple Accounts

Creation of multiple accounts to circumvent restrictions is prohibited.

5.1 Rights Verification

• You warrant that you own or control all necessary rights to Content
• You warrant that Content does not infringe third-party rights
• You are responsible for clearing all samples, interpolations, and covers

5.2 Third-Party Content

• You must obtain proper licenses for all third-party content
• AMG may request proof of licensing at any time
• Unauthorized use of third-party content may result in immediate termination

5.3 Moral Rights

Where applicable, you waive moral rights to the extent necessary for AMG to provide services.

6.1 License to AMG

You grant AMG a non-exclusive, worldwide, royalty-free license to:

• Reproduce, encode, and process your Content
• Distribute Content to all selected DSPs and platforms
• Create derivative versions for technical delivery (encoding, formatting)
• Use your artist name, likeness, and metadata for promotional purposes
• Display Content in catalogs, reports, and promotional materials

6.2 License Duration

• License remains active while Content is distributed through AMG
• Automatically terminates upon Content removal or account termination
• DSPs may retain Content for archival/reporting purposes after takedown

6.3 Sub-licensing

AMG may sub-license these rights to DSPs and third-party service providers as necessary to perform Services.

6.4 No Ownership Transfer

This license does not transfer ownership of Content to AMG. You retain all copyrights and ownership rights.

7.1 Distribution Process

• AMG will deliver Content to selected DSPs within standard processing times
• Typical delivery: 1-14 business days depending on platform
• Go-live dates are estimates and not guaranteed

7.2 DSP Control

AMG does NOT control:

• DSP approval or rejection decisions
• Content placement, playlisting, or promotion on DSPs
• Timeline for Content going live
• Search ranking or algorithmic recommendations
• Geographic availability restrictions

7.3 DSP Rights

DSPs retain the right to:

• Reject Content for any reason
• Remove Content at their discretion
• Mute, demonetize, or shadowban Content
• Modify their terms, policies, or royalty rates
• Terminate service to specific regions or users

7.4 Content Standards

• All Content must meet DSP technical and quality standards
• Metadata must be accurate and complete
• Artwork must comply with DSP guidelines
• AMG may reject non-compliant submissions

8.1 Royalty Collection

• AMG collects royalties from DSPs on your behalf
• Royalty rates are determined by DSPs, not AMG
• Rates vary by platform, region, and subscription type
• AMG retains agreed commission percentage (typically 0-15%)

8.2 Payment Schedule

• Payments processed monthly after receiving DSP reports
• Typical delay: 30-90 days from streaming activity
• Some DSPs may have longer reporting cycles (up to 6 months)
• Minimum payout threshold: $10 USD or equivalent

8.3 Currency & Conversion

• Payments made in your selected currency
• Exchange rates determined at time of payout
• Currency conversion fees may apply
• AMG not responsible for exchange rate fluctuations

8.4 Reporting Accuracy

AMG is NOT responsible for:

• Missing or delayed reports from DSPs
• Estimation errors in DSP reporting
• DSP fraud detection or bot filtering
• Stream manipulation or artificial inflation detection
• Discrepancies between platforms

8.5 Withholding

• AMG may withhold payments pending fraud investigation
• Suspicious activity may trigger payment holds
• Disputed royalties held until resolution

9.1 Automated Systems

• YouTube Content ID, TikTok Matching, Meta Rights Manager are automated
• These systems may claim videos containing your own music
• Claims can occur even if you uploaded the video yourself
• Multiple distributors can trigger conflicting claims

9.2 AMG's Limitations

AMG is NOT responsible for:

• YouTube Content ID claims on your videos
• TikTok or Instagram automated copyright claims
• False positive matches by platform algorithms
• Demonetization or removal of your own content
• Disputes between you and other rights holders

9.3 Dispute Process

• Most claims must be disputed directly with the platform
• AMG can provide documentation of distribution rights
• Whitelist requests may take 7-30 days to process
• Some platforms do not offer whitelist options

9.4 Your Responsibility

• You must verify you have exclusive rights before claiming Content ID
• False claims may result in account termination
• You are responsible for managing whitelist requests
• Conflicting claims with other distributors are your responsibility to resolve

10.1 Copyright Infringement

• Unauthorized use of samples, beats, or interpolations
• Cover songs without proper mechanical licenses
• Stolen beats or instrumentals
• Uncleared use of copyrighted material

10.2 AI-Generated Content

• AI-generated music without proper rights clearance
• Deepfake vocals or impersonations
• AI content mimicking real artists without authorization

10.3 Stream Manipulation

• Use of bots, click farms, or artificial streaming
• Stream farming or playlist manipulation schemes
• Fake engagement or follower purchases
• Any form of fraudulent streaming activity

10.4 Illegal & Harmful Content

• Hate speech, racism, or discrimination
• Extremist or terrorist content
• Child exploitation or endangerment
• Content promoting violence or illegal activities
• Sexually explicit content involving minors

10.5 Misleading Metadata

• False artist names or impersonation
• Keyword stuffing in titles or descriptions
• Incorrect songwriter or producer credits
• Fake collaboration claims

10.6 AMG Enforcement

• AMG may remove prohibited content without notice
• Account termination for serious violations
• No refunds for removed prohibited content
• Legal action may be pursued for severe violations

11.1 AMG's Right to Remove

AMG reserves the right to suspend accounts or remove Content:

• With or without prior notice
• At our sole discretion
• Without providing specific reasons
• Temporarily or permanently

11.2 Grounds for Takedown

• Legal requests or court orders
• DSP removal requests
• Copyright infringement claims
• Suspected fraud or Terms violations
• Rights disputes or conflicting claims

11.3 Appeal Process

• You may submit an appeal to legal@adastramusicgroup.com
• Include relevant documentation and evidence
• AMG will review within 7-14 business days
• Final decisions rest with AMG

11.4 Content Restoration

• Removed content may not always be restorable
• DSP-level removals require DSP approval to restore
• Restoration timing depends on platform policies

12.1 Termination by Artist

• You may terminate your account at any time
• Request via email to legal@adastramusicgroup.com
• Content takedown may take 2-6 weeks across all DSPs
• Some platforms may retain content for archival purposes

12.2 Termination by AMG

• AMG may terminate accounts for Terms violations
• Immediate termination for serious breaches
• Notice provided when reasonably possible
• No refund for paid services upon termination

12.3 Post-Termination Royalties

• Royalties earned before termination will still be paid
• Payments subject to DSP reporting schedules
• Outstanding royalties paid within 60-90 days after termination
• Minimum payout threshold still applies

12.4 License Revocation

• All licenses granted to AMG automatically terminate
• AMG will cease distribution of Content
• Content removal from DSPs initiated immediately
• Complete removal may take 2-6 weeks

12.5 Survival Clauses

The following sections survive termination:

• Content Ownership (Section 5)
• Royalties & Payments (Section 8)
• Limitation of Liability (Section 13)
• Indemnification (Section 14)
• Governing Law (Section 16)

13.1 Service "AS IS"

• Services provided on an "AS IS" and "AS AVAILABLE" basis
• No warranties of any kind, express or implied
• No guarantee of uninterrupted or error-free service
• No guarantee of specific results or outcomes

13.2 AMG Not Liable For

• Lost income, revenue, or opportunities
• DSP decisions, rejections, or removals
• Delayed or missing royalty payments from DSPs
• Content ID claims or automated copyright disputes
• Technical failures, data loss, or service interruptions
• Third-party actions, including DSP policy changes
• Market changes or streaming rate fluctuations
• Consequential, indirect, or incidental damages

13.3 Liability Cap

• Maximum liability limited to fees paid to AMG in last 12 months
• For free accounts: liability capped at $100 USD
• Cap applies regardless of claim type or legal theory

13.4 Force Majeure

• AMG not liable for delays due to circumstances beyond reasonable control
• Includes: natural disasters, wars, pandemics, government actions
• Also includes: DSP outages, internet failures, technical issues

13.5 Jurisdictional Limits

Some jurisdictions do not allow limitation of liability for incidental or consequential damages. In such jurisdictions, AMG's liability is limited to the maximum extent permitted by law.

14.1 Indemnification Obligation

You agree to indemnify, defend, and hold harmless AMG, its officers, directors, employees, and agents from:

• Copyright infringement claims related to your Content
• Trademark or intellectual property disputes
• Rights clearance issues (samples, covers, etc.)
• False or misleading metadata
• Violation of these Terms
• Any third-party claims arising from your Content

14.2 Legal Costs

• You will cover all legal fees and costs
• Includes attorney fees, court costs, and settlements
• Applies even if claim is ultimately found to be meritless

14.3 Cooperation

• You must cooperate fully with AMG's legal defense
• Provide documentation and evidence as requested
• Not settle claims without AMG's written consent

14.4 Survival

This indemnification obligation survives termination of your account and continues for any claims arising from Content you distributed through AMG.

15.1 Privacy Policy

• Data collection and use governed by our Privacy Policy
• Available at: adastramusicgroup.com/privacy-policy
• By using Services, you accept our Privacy Policy

15.2 Payment Information

• Payment details handled securely via third-party processors
• AMG does not store full credit card information
• Bank account details encrypted and secured

15.3 Identity Verification

• ID verification may be required for account activation
• Tax documentation required for royalty payments
• Documents stored securely and not shared with third parties

15.4 Data Sharing

• Metadata shared with DSPs as required for distribution
• Analytics data aggregated and anonymized
• No sale of personal information to third parties

16.1 Governing Law

• These Terms governed by laws of Malaysia
• Specifically: Laws of Selangor and Federal Laws of Malaysia
• Excludes conflicts of law principles
• Safe for international users under Malaysian jurisdiction

16.2 Jurisdiction

• Exclusive jurisdiction: Courts of Selangor, Malaysia
• You consent to personal jurisdiction in Malaysia
• Waive objections to venue or inconvenience

16.3 Dispute Resolution Process

• Step 1: Contact legal@adastramusicgroup.com
• Step 2: Good faith negotiation (30 days)
• Step 3: Mediation (if negotiation fails)
• Step 4: Binding arbitration or court proceedings

16.4 Class Action Waiver

You agree to resolve disputes individually, not as part of any class or representative action.

16.5 Injunctive Relief

• AMG may seek injunctive relief for copyright violations
• Emergency relief available without waiting periods
• Does not waive arbitration for monetary damages

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and AMG.

17.2 Severability

• If any provision is found invalid, remaining provisions continue
• Invalid provisions replaced with valid equivalent

17.3 Waiver

• Failure to enforce any right does not waive that right
• No waiver effective unless in writing

17.4 Assignment

• You may not assign these Terms without AMG consent
• AMG may assign to affiliates or successors

17.5 Language

In case of conflict between English and translated versions, English version prevails.

Legal Communication

• All legal notices must be sent via email to the official legal contact address above
• Written notice via email to this address is considered valid legal communication under these Terms
• Include clear reference to the specific provision or matter in dispute
• Provide all relevant documentation and details supporting your notice or claim

Scope of Legal Communications

Legal notices include but are not limited to: copyright infringement claims, takedown requests, disputes regarding these Terms, formal complaints, and any other matters requiring official legal acknowledgment from Adastra Music Group.

Notice of Receipt

Adastra Music Group will acknowledge receipt of your legal notice within 7 business days. Failure to receive acknowledgment does not invalidate a properly sent legal notice, but confirmation of receipt should be retained by the sender for documentation purposes.