Terms of Service

Last Updated: January 29, 2026 | Effective Date: January 1, 2026

Terms of Service Agreement

Welcome to Mermaidz Records. These Terms of Service ("Terms", "Agreement") govern your access to and use of our music distribution and publishing services, website, and platform (collectively, the "Services"). This Agreement is a legally binding contract between you ("you", "your", "Artist", "User") and Mermaidz Records ("we", "us", "our", "Company").

1. Acceptance of Terms

By creating an account, uploading content, or using any part of our Services, you acknowledge that:

• You have read, understood, and agree to be bound by these Terms
• You have read and agree to our Privacy Policy
• You are at least 18 years of age or the age of majority in your jurisdiction
• You have the legal capacity to enter into this binding agreement
• You will comply with all applicable laws and regulations
• All information you provide is accurate and truthful

2. Services Provided

Mermaidz Records provides comprehensive music distribution and publishing services to independent artists, producers, labels, and other rights holders. Our services include:

2.1 Music Distribution

• Digital distribution of music to major streaming platforms (Spotify, Apple Music, YouTube Music, Amazon Music, Tidal, Deezer, and others)
• Online stores and download platforms (iTunes, Amazon, Google Play, and others)
• Social media platforms and short-form video apps (TikTok, Instagram, Facebook, etc.)
• Metadata management and optimization
• ISRC code generation and management
• Release scheduling and delivery

2.2 Publishing Services

• Copyright registration and administration
• Royalty collection and tracking
• Performance rights management
• Mechanical rights administration
• Sync licensing opportunities

2.3 Analytics and Reporting

• Real-time streaming and sales data
• Audience insights and demographics
• Revenue tracking and reporting
• Performance metrics across platforms

3. Account Registration and Requirements

3.1 Account Creation

To use our Services, you must:

• Create an account with accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized access
• Accept responsibility for all activities under your account
• Provide valid payment and tax information as required

3.2 Eligibility Requirements

You represent and warrant that:

• You are legally permitted to use our Services in your jurisdiction
• You have the right to enter into binding contracts
• Your use of our Services does not violate any applicable laws
• You are not located in a country subject to sanctions or embargoes

4. Content Ownership and Rights

4.1 Your Intellectual Property

You retain all ownership rights to your original music, recordings, and creative works. By using our Services, you grant us a limited, non-exclusive, worldwide license to:

• Distribute your music to designated platforms and services
• Reproduce and transmit your content as necessary for distribution
• Create derivatives necessary for format compatibility
• Display metadata, artwork, and promotional materials
• Use your music in marketing materials with your consent

4.2 Content Requirements

All content you upload must:

• Be original or properly licensed to you
• Not infringe on any third-party rights (copyright, trademark, privacy, publicity, etc.)
• Not contain illegal, harmful, threatening, abusive, or defamatory material
• Comply with platform-specific content policies
• Meet technical specifications for distribution
• Include accurate metadata and copyright information

4.3 Copyright Infringement

We take intellectual property rights seriously. If you believe content on our platform infringes your copyright, please contact our designated agent with:

• Identification of the copyrighted work
• Location of the infringing material
• Your contact information
• A statement of good faith belief
• A statement under penalty of perjury
• Your physical or electronic signature

5. Revenue, Payments, and Royalties

5.1 Revenue Share

Our revenue sharing model is outlined in your distribution agreement. Generally:

• You retain the majority of revenues generated from your music
• We deduct our service fee as specified in your agreement
• Platform fees and third-party processing fees are deducted before distribution
• Revenue share percentages vary based on your subscription tier or agreement

5.2 Payment Terms

• Payments are processed monthly or quarterly as specified
• Minimum payout thresholds may apply
• Payments are subject to platform reporting delays (typically 2-3 months)
• You are responsible for applicable taxes
• Payment methods include bank transfer, PayPal, or other approved methods
• Currency conversion fees may apply for international payments

5.3 Revenue Disputes

In case of revenue discrepancies:

• Report discrepancies within 90 days of the payment date
• Provide detailed information about the disputed amount
• We will investigate and respond within 30 business days
• Adjustments will be made in the following payment cycle if warranted

6. User Responsibilities and Conduct

6.1 Content Accuracy

You are responsible for:

• Ensuring all metadata is accurate and up-to-date
• Providing correct songwriting credits and splits
• Maintaining accurate contact and payment information
• Updating your profile information as needed
• Compliance with all applicable music industry standards

6.2 Prohibited Activities

You agree not to:

• Manipulate streaming numbers or engage in artificial streaming
• Upload content you do not own or have rights to distribute
• Create duplicate or spam releases
• Violate platform terms of service
• Engage in fraudulent or deceptive practices
• Use our Services for illegal purposes
• Interfere with or disrupt our Services
• Attempt to gain unauthorized access to our systems
• Harass, abuse, or harm other users

6.3 Consequences of Violations

Violations of these Terms may result in:

• Removal of content from distribution
• Suspension or termination of your account
• Withholding of payments
• Legal action to recover damages
• Reporting to relevant authorities

7. Distribution and Platform Relationships

7.1 Platform Compliance

Your content must comply with the terms and policies of all distribution platforms. We reserve the right to:

• Refuse distribution to any platform
• Remove content from platforms at our discretion
• Modify distribution strategies as platforms change
• Add or remove platforms from our network

7.2 Platform Removals

Platforms may remove content for various reasons including:

• Copyright claims or disputes
• Quality issues or technical problems
• Policy violations
• Duplicate content

We are not liable for platform decisions to remove or demonetize content.

7.3 Delivery Timelines

• Standard delivery: 7-14 business days to most platforms
• Express delivery: 2-5 business days (if available)
• Timelines may vary during peak periods
• Platform processing times are beyond our control

8. Service Fees and Subscriptions

8.1 Fee Structure

Our services may be offered through:

• Annual or monthly subscription plans
• Per-release fees
• Revenue share agreements
• Hybrid models combining the above

8.2 Billing and Renewal

• Subscription fees are billed in advance
• Automatic renewal unless cancelled
• Price changes require 30 days notice
• No refunds for partial subscription periods unless required by law

8.3 Cancellation

• You may cancel subscriptions at any time
• Cancellation takes effect at the end of the current billing period
• Content remains distributed unless you request takedown
• Account access continues until subscription expires

9. Termination

9.1 Termination by You

You may terminate this Agreement by:

• Requesting account closure through your account settings
• Sending written notice to our support team
• Ceasing use of our Services

9.2 Termination by Us

We may terminate or suspend your account:

• For violations of these Terms
• If your account is inactive for an extended period
• If we cease operations or discontinue Services
• For fraudulent or illegal activity
• At our discretion with 30 days notice

9.3 Effects of Termination

Upon termination:

• Your content will be removed from distribution within 30 days
• You will receive any earned but unpaid royalties (subject to minimum thresholds)
• Your account access will be revoked
• Certain provisions of these Terms will survive termination

10. Warranties and Disclaimers

10.1 Your Warranties

You warrant that:

• You own or have licenses for all content you upload
• Your content does not infringe on any third-party rights
• All information you provide is accurate
• You will comply with all applicable laws

10.2 Our Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Warranties of merchantability or fitness for a particular purpose
• Warranties regarding service availability or uptime
• Guarantees of revenue or streaming numbers
• Accuracy of analytics or reporting data

11. Limitation of Liability

11.1 Liability Limitations

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNTS PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM
• WE ARE NOT LIABLE FOR PLATFORM DECISIONS, REVENUE FLUCTUATIONS, OR THIRD-PARTY ACTIONS
• WE ARE NOT LIABLE FOR SERVICE INTERRUPTIONS OR DATA LOSS

11.2 Indemnification

You agree to indemnify, defend, and hold harmless Mermaidz Records, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your violation of these Terms
• Your violation of any third-party rights
• Your content or its distribution
• Your use of our Services

12. Changes to Terms

We may modify these Terms at any time by:

• Posting updated Terms on our website
• Updating the "Last Updated" date
• Sending notification for material changes

Continued use of our Services after changes constitutes acceptance of the modified Terms.

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to contact us to attempt informal resolution.

13.2 Arbitration

Any disputes arising from these Terms or our Services shall be resolved through binding arbitration rather than in court, except:

• Small claims court matters
• Intellectual property disputes
• Requests for injunctive relief

13.3 Class Action Waiver

You agree to resolve disputes individually and waive any right to participate in class actions or representative proceedings.

14. General Provisions

14.1 Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

14.2 Entire Agreement

These Terms, along with our Privacy Policy and any distribution agreements, constitute the entire agreement between you and Mermaidz Records.

14.3 Severability

If any provision is found unenforceable, the remaining provisions will remain in full effect.

14.4 Assignment

You may not assign these Terms without our written consent. We may assign our rights and obligations without restriction.

14.5 No Waiver

Our failure to enforce any provision does not constitute a waiver of that provision.

15. Contact Information

For questions about these Terms or our Services, contact us:

Mermaidz Records
Email: legal@mermaidzrecords.in
General Inquiries: info@mermaidzrecords.in
Support: support@mermaidzrecords.in