These Terms & Conditions ("Terms") govern your access to and use of the Sphoten website, dashboard, and related music distribution and artist services (collectively, the "Service"). By creating an account or using Sphoten, you agree to these Terms.
1. Eligibility
You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. You represent that you have authority to enter into these Terms on behalf of yourself or the artist, label, or company you represent.
2. Account registration
You are responsible for maintaining accurate account information and safeguarding your login credentials. You must notify us promptly of unauthorized access. Sphoten may suspend or terminate accounts that provide false information or violate these Terms.
3. Your content and rights
You retain ownership of your music, artwork, and other materials uploaded to Sphoten ("Your Content"). By using the Service, you grant Sphoten a non-exclusive, worldwide license to host, reproduce, format, transmit, and deliver Your Content to digital service providers solely to operate the Service and fulfill distribution requests you submit.
You represent and warrant that:
- You own or control all rights necessary to distribute Your Content
- Your Content does not infringe third-party rights
- All metadata, credits, and rights information you provide is accurate
- You have obtained required permissions from collaborators, writers, producers, and rights holders
4. Distribution services
Sphoten facilitates delivery of releases to third-party platforms. We do not guarantee placement on playlists, chart performance, approval by any store, or specific delivery timelines. Platforms may reject or remove content that violates their policies or applicable law.
You are responsible for selecting territories, release dates, and platform destinations. Once a release is delivered, changes may be subject to store policies and processing delays.
5. Fees and payments
Fees depend on your selected plan as described on our Pricing and Services pages. You agree to pay applicable subscription fees, distribution fees, and any custom Partner terms accepted in writing. Royalties are automatically paid to you when your balance reaches $50, subject to platform reporting cycles and accurate payment details.
6. Prohibited use
You may not use Sphoten to:
- Upload content you do not have rights to distribute
- Distribute misleading metadata, artificial streams, or fraudulent royalty claims
- Circumvent security, scrape the Service, or interfere with platform operations
- Violate applicable laws, platform policies, or third-party rights
7. Takedowns and account action
We may remove content, withhold delivery, or suspend accounts if we receive valid rights complaints, detect policy violations, or are required to do so by law or platform partners. Repeated or serious violations may result in permanent termination.
8. Intellectual property
The Sphoten name, logo, website, software, and branding are owned by Sphoten or its licensors. Except for the limited rights expressly granted in these Terms, no license is granted to our intellectual property.
9. Disclaimer of warranties
The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, Sphoten disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of liability
To the fullest extent permitted by law, Sphoten shall not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, data, or goodwill arising from your use of the Service. Our total liability for any claim shall not exceed the fees paid by you to Sphoten in the twelve months preceding the event giving rise to the claim.
11. Indemnification
You agree to indemnify and hold harmless Sphoten from claims, damages, losses, and expenses arising from Your Content, your use of the Service, or your violation of these Terms or applicable law.
12. Termination
You may close your account at any time subject to outstanding obligations. We may suspend or terminate access with notice where reasonable, or immediately for serious violations. Provisions that by nature should survive termination will remain in effect.
13. Governing law
These Terms are governed by the laws applicable to Sphoten's operating entity, without regard to conflict-of-law principles. Disputes shall be resolved in the courts of competent jurisdiction unless otherwise required by mandatory local law.
14. Changes to these Terms
We may update these Terms from time to time. Material changes will be indicated by updating the date above. Continued use of the Service after changes become effective constitutes acceptance.
15. Contact
Questions about these Terms may be sent to legal@sphoten.com or through our Contact page. See also our Privacy Policy.