Terms of Service

1. Acceptance of Terms of Service

(a) Kindly review the following Terms of Service diligently. These Terms of Service, together with the copyright policy ("Copyright Policy"), the Social Platforms Terms of Service (if applicable), and the privacy policy ("Privacy Policy") (collectively referred to as the "Terms of Service"), govern your use of the unsongmusic.com website ("the Site") and its content, information, products, and services ("the Services").

(b) This represents a legally binding agreement between you and Unsong Music Ltd. ("the Company"). The Company retains the exclusive right to modify, discontinue, or terminate the Site and Services at any time, or to amend the Terms of Service without prior notice. You acknowledge that any revisions to these Terms of Service do not affect the validity of previous versions. It is your responsibility to periodically check these Terms of Service for updates.

(c) By continuing to access and use the Site and/or Services after the Company makes and posts such changes, you affirm your legal acceptance of the updated Terms of Service. You are not authorized to alter the Terms of Service without the express written consent of the Company.

(d) These Terms of Service ("Agreement") govern your use of Unsong Music's music distribution service ("Service"). By accessing or using our Service, you agree to comply with and be bound by this Agreement. If you do not agree to these terms, please do not use Unsong Music's Service.

2. Grant of Rights

(a) The rights granted hereunder shall include the Sale of Recordings (as each is defined below) by, without limitation, permanent digital downloads, temporary digital downloads, interactive streaming, non-interactive streaming, and cloud services. You and the Company agree that the Internet consumer stores (“Consumer Stores”) (e.g., Apple Music, Amazon, Spotify, Deezer, Tidal, etc.) licensed to exploit your Recordings hereunder must be approved by you.

(b) By clicking the “I Agree” button, you irrevocably grant to Unsong Music throughout the duration of the Term, the non-exclusive right:

(i) to sell, copy, reproduce, communicate to the public, distribute and otherwise exploit the Recordings by all means and media (whether now known or existing in the future) (“Sale”) through any and all Consumer Stores now operational or hereafter available;

(ii) to collect all income deriving therefrom;

(iii) Utilize the names, photographs, likenesses, artwork images, biographical details, and any other information supplied by you or the artists whose performances are embodied on the Recordings in connection with the Recordings and the general operations of Unsong Music.

3. User Obligations

(a) Users must adhere to all applicable laws, regulations, and industry standards when using our Service. You are responsible for ensuring that your use of the Service complies with all relevant legal requirements.

(b) When using Unsong Music's Service to distribute music, you are solely responsible for the content you upload and distribute. You must ensure that you hold all necessary rights, licenses, and permissions for the music you distribute through our platform.

(c)Users are strictly prohibited from using our Service to distribute any content that infringes on copyright, trademark, or any other intellectual property rights of third parties.

4. Intellectual Property

(a) We respect intellectual property rights, and we expect our users to do the same. As a user of Unsong Music's Service, you retain ownership of your music.

(b) By using Unsong Music's Service, you grant us the non-exclusive right to distribute your music through the platforms and services we support. This distribution right is limited to the duration of this Agreement.

5. Subscription Fees

(a) In exchange for the services provided by Unsong Music, a yearly subscription fee is required, rather than being assessed per release. This subscription fee covers administrative expenses, distribution, artist support services, and the ongoing manual maintenance of your Recordings to meet Consumer Stores' technical requirements and specifications.

It's important to note that this subscription fee is a significant and indivisible part of the Services. Unsong Music reserves the right to adjust these subscription fees without prior notice.

You explicitly authorize Unsong Music to deduct the yearly subscription fee, along with any applicable taxes and related charges, directly from your Unsong Music account or to bill such fees to your designated Payment Method. Please be aware that you are solely responsible for all charges, fees, taxes, duties, and assessments resulting from your use of your Unsong Music account, whether initiated by you or any other user.

Additionally, this includes any payments to Split Collaborators, if applicable.

Should you decide to terminate your subscription for one or more of your Recordings, simply inform Unsong Music in writing via mail. In this case, no further subscription fees will be assessed for those Recordings, and they will be removed from the respective Consumer Stores. Be aware that there will be no reimbursement for prepaid fees associated with terminated Recordings.

If, for any reason, you encounter issues with payment or a payment is reversed, Unsong Music reserves the right to recover the subscription fee at its discretion. This may include keeping your account active and collecting any associated royalties until the subscription fee is fully recouped.

It is your responsibility to notify Unsong Music of any changes to your Payment Method by writing Unsong Music via mail. Failure to provide a valid Payment Method may result in a service interruption or disconnection at the sole discretion of Unsong Music.

6. Warranties; Representations; Indemnities

(a) You provide the following warranties and representations:

(i) You are at least eighteen (18) years of age, and you possess the full legal right, authority, and power to enter into this agreement and grant Company all the rights specified herein;

(ii) All Recordings, including any third-party material incorporated therein, as well as artwork, metadata, audiovisuals, images, and any other materials you provide to Company in connection with the Recordings, are either owned or controlled by you, and their use as described herein or on the Site and Consumer Stores' websites will not infringe upon the copyrights, trademark rights, publicity rights, moral rights, or other rights of any person or entity, under the laws of any jurisdiction; and

(iii) Company has the unencumbered right to exploit these materials as contemplated herein without any adverse claims or obligations to make payments to any person or entity, except for the amounts payable to you hereunder.

(b) You are obligated to protect, indemnify, and hold Company and its affiliates (including directors, members, officers, employees, and other representatives) harmless from any claims, expenses, or losses brought by third parties. This obligation arises from a breach or a claim that, if valid, would constitute a breach of the previously mentioned representations and warranties or any of the agreements outlined in these Terms of Service. This includes reasonable attorneys' fees and expenses.

(c) If a claim falls under the indemnification obligation mentioned above, Company will promptly notify you, and you must defend Company at your own cost with legal counsel approved by Company. Approval of counsel will not be unreasonably withheld. In the event that you do not engage approved counsel, the Company may, at its discretion, choose to defend itself at your expense. You agree that Company can require your involvement in such defense as a third party or in any other capacity, and you waive any objection or claim for compensation in this regard. If a claim is asserted, Company retains the sole discretion to remove or disable access to the Recordings and associated materials related to the claim and to withhold payment of any funds due hereunder, in an amount reasonably associated with the claim and potential expenses. Any settlement of a claim must receive prior written approval from the Company.

(d) The Company does not provide any representations or warranties, whether expressed or implied, statutory or otherwise, except for those explicitly outlined in the Terms of Service.

7. Distribution

(a) We will use our best efforts to distribute your music to the online platforms and streaming services you select through our distribution options. However, Unsong Music does not guarantee that your music will be accepted by all platforms, as each platform may have its unique requirements and eligibility criteria.

8. Plans

(a) By opting for the Unsong Pro plan, all your releases throughout an active subscription are considered for pitching to editorial playlists on platforms such as Spotify, Apple Music, Boomplay, Audiomack, and others. Our internal A&R team will review your uploads to determine its suitability for pitching. If your release is deemed suitable, you will be notified on what platforms we will be pitching to. If otherwise, you will also be notified.

It is important to note that approval by our internal A&R team does not guarantee placement on editorial playlists, as playlist curators independently decide which music aligns with their playlists' themes and audiences. To ensure ample time for review and pitching, artists must upload their music at least 30 days prior to the release date for singles, and 42 days prior for EPs or albums.

(b) Unsong Pro subscribers are eligible for an independent artists essentials gift pack at 1 million, 5 million, and 10 million streams milestones. To receive this gift pack, you’re required to amass a cumulative of 1 million streams on a track. Once you cross the first milestone of 1 million cumulative streams on one track, you do not qualify for another gift pack until you amass 5 million and 10 million cumulative streams respectively on the same track or another.

(i) In the event that Unsong Music, in its good faith discretion, has reason to suspect that your account or Recordings have been involved in any form of Streaming Manipulation as defined in Clause 2c of this agreement, the gift pack shall be forfeited.

9. Termination

(a) Unsong Music reserves the right to terminate or suspend user accounts that violate these Terms of Service. If Unsong Music determines that you have engaged in activities that violate this Agreement or pose a risk to our Service or other users, Unsong Music may take appropriate action, including termination of your account.

(b) This Agreement may be terminated by you upon 1 days written notification (including notification by email) of such termination providing there are no outstanding payments due to us and that such may be taken from your royalty balance. Any further subscription payments shall be forfeited. Upon contract termination We shall instruct our partners within 30 days to remove recordings from all platforms. We are not responsible for third-party exploitation after removal instruction. You are responsible for any third-party take-down fees.

(i) This Agreement may be terminated by us upon 1 days written notification (including notification by email) of such termination providing there are no outstanding Services due to you. Upon cancellation in this regard, We shall instruct our partners within 30 days to remove recordings from all platforms. For any service requiring a subscription we may cancel (at our discretion) the Service without reimbursement if such subscription becomes no longer active. We are not responsible for third-party exploitation after removal instruction. You are responsible for any third-party take-down fees.

10. Changes to Terms of Service

(a) Unsong Music reserves the right to modify or update these Terms of Service at any time. Any changes will be effective immediately upon posting on our website. It is your responsibility to regularly review this Agreement to stay informed of any updates.

(b) Unsong Music may make changes to the Service, including the addition or removal of features, distribution options, and pricing. Unsong Music will endeavor to provide notice of such changes through our website or other means.

11. Legal Proceedings

(a) You hereby grant Company, its licensees, assignees, agents, and attorneys an irrevocable authorization to initiate, on your behalf or on behalf of Company, any claims, demands, actions, or legal proceedings ("Claims") that Company reasonably deems necessary to safeguard and enforce the rights granted to Company herein. Company shall institute and maintain any Claim in good faith and at its own expense. However, any recoveries obtained from a Claim shall first be utilized to reimburse all costs associated with its pursuit. The remaining balance shall be distributed in accordance with the terms, conditions, and methods generally applied by the Company to all participants in the relevant settlement or recovery.

12. Contact Methods

(a) Email: For general inquiries or questions related to our Service, you can reach out to our customer support team via email. Our dedicated email address for inquiries is support@unsongmusic.com.

(b) Phone Support: We understand that sometimes a direct conversation is the most effective way to address concerns. Our customer support team can be reached by phone at [+234 703 693 1638].

(c) Response Time: We are only available to our Unsong Pro and Unsong Superstar subscribers 24/7, as for other inquires and concerns, while response times may vary depending on the nature and complexity of the issue, our commitment is to address your inquiries promptly.

(d) User Resources: Additionally, you may find valuable resources and frequently asked questions on our website that can help answer common queries about our Service. Please visit our website for access to user resources.

(e) Privacy and Data Security: For inquiries related to privacy and data security, or if you have concerns regarding the handling of your personal information, please review our Privacy Policy for more details on how we handle data and for contact information regarding data privacy concerns.

(f) Feedback and Suggestions: We welcome feedback and suggestions from our users to help us improve our Service. If you have ideas, suggestions, or feedback, please feel free to share them with us through any of the contact methods mentioned above. Your input is valuable in enhancing our service offerings.

(g) Record Keeping: For record-keeping purposes and to ensure transparency and accountability, we may retain a record of all communication and interactions with users.