SMUSIX

TERMS AND CONDITIONS

1. Introduction

The following are the Terms and Conditions that govern your use of the personalized services provided by Smusix (hereinafter the “Terms”). These Terms cover your use of our services for streaming music and other content, including all associated websites and software applications that incorporate or link to these Terms (collectively referred to as the “Smusix Service”), as well as any music, video or other material provided through the Smusix Service (hereinafter the “Content”).

Your use of the Smusix Service may be subject to additional terms and conditions established by Smusix, which are incorporated into these Terms by this reference.

By registering or otherwise using the Smusix Service, you agree to be bound by these Terms. If you do not agree to these Terms, we urge you to refrain from using the Smusix Service or accessing any Content.

1.1 Who provides the platform and services?

The Services and Platform are provided by Smusix. These Terms are entered into between you and Smusix.

2. What services are covered by these Terms?

These Terms apply to your use of SMUSIX applications (including Smusix app and web), websites, software and related services regardless of how you access them.

3. Additional terms, conditions and policies that may apply depending on the features you use.

Additional terms and policies may apply to specific products or features of the Platform that we may make available to you, especially if you post certain types of content, or if you use the Platform for commercial or business purposes. Below are the key terms you should be aware of, as they form an integral part of these Terms:

Reward Policy: This policy governs the receipt of rewards from Smusix, such as Smix coins. You will earn Smix coins to gift to your favorite singers to help them rise in the Top 100, and for you to reach the top best fans of that song or artist (being in position 1 of the best fan does not grant you any license or advantage over the song or artist).

Copyright and Intellectual Property Policy: This policy applies to all content on the Platform that is protected by copyright. We value and respect copyright and request that you do the same. By accessing and using the Services, you agree not to infringe copyright in any way. We reserve the right, with or without notice, and at our sole discretion, to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe copyright or other intellectual property rights.

4. Use of the platform

4.1 Platform and services and business model

We provide the Platform on a global basis.

The Platform enables you and others to create, view, interact with, and share content, as well as connect with other users. We tailor aspects of your experience on the Platform, such as the presentation of your feed in the Smusix app. The feed is a distinctive feature of Smusix that uses a recommendation system to discover a variety of content, creators, and songs that are likely to be interesting to you. In determining these recommendations, the system considers factors such as likes, shares, comments, searches, content diversity, and popular videos.

Our goal is to create a safe environment on the Platform where people can freely express themselves and enjoy themselves. We work with our Partners and employ technology, human moderation, and user reporting to detect violations and enforce these Terms and our Community Guidelines to keep you and all users safe.

Most of the Platform’s features are free to access for users, but we may also apply commissions for the purchase of Smix coins, for digital records and their tips or NFTs sold by artists on the platform and a cost of the premium service to access advantages in the application.

To understand how we handle the data we collect about you, we suggest you review our Privacy Policy and Cookie Policy. These documents are essential and we recommend that you read them.

Certain features of the Platform may cost users money, such as the acquisition of Smix Coins (see section in this document on Smix Coins), premium service, or the purchase of digital albums or NFTs sold by artists on the Platform, and even if the artist wants to promote their song on the Platform they may do so for an extra cost, but these features are optional and any fees will be communicated before the corresponding charge is made.

4.2 Account Information

You may access certain essential features of the Platform without creating an account. If you use the Platform without an account, these Terms will continue to apply to such use, and we will continue to handle your personal data in accordance with our Privacy Policy.

In order to take full advantage of the Platform’s functionality, you are required to create an account with us. We may offer several types of accounts.

When you create an account, the information associated with your account will be synchronized across the Platform, including each Smusix application. For example, if you create an account through Smusix, you will have access to other Smusix applications available in your country, such as Smusix WEB or future applications, using that same account. Your account information, content, and Platform settings (including privacy settings), and any changes you make will be automatically synchronized across each Smusix application.

When creating an account to access and use the Platform, you are required to provide accurate and up-to-date information about yourself (such as your date of birth). You agree to maintain and promptly update your data if it changes.

You are required to take appropriate measures to safeguard the confidentiality of your account password and not to share it with any third party. If you become aware or suspect that any third party has access to your password or account, please notify us.

4.3 Age Restriction

The Platform is only intended for users aged 16 or older. We monitor usage by minors and will close accounts if there is reasonable suspicion that the user is under 16 or is allowing someone under the age of 16 to use the account. If you believe we have made a mistake in relation to your age, you may appeal the closure of your account.

4.4 Activities Allowed on the Platform

Pursuant to these Terms, you have the ability to use the Platform to:

Create and share content.
Interact with other users.
View content generated by others.
Use the features and functionalities provided to you from time to time on the Platform.

4.5 Restrictions on the Use of the Platform

Our Community Guidelines are fundamental to all content on the Platform. When interacting with the Platform, you are strictly prohibited from creating, posting, sharing, linking to, or otherwise interacting with content that violates our Community Guidelines.

Under no circumstances are you permitted to use the Platform to:

Engaging in illegal activities, such as posting, transmitting, or distributing illegal content.
Taking actions that violate laws or regulations related to money laundering, terrorist financing, export controls and economic sanctions.
Establishing inappropriate or exploitative relationships with minors.
Sabotage the operations or security of the Platform.
Engaging in inauthentic business practices, such as operating spam accounts, phishing, or other conduct detailed in our Community Guidelines.
Submitting appeals, reports, notifications or complaints that are manifestly unfounded.
Extract data or content from the Platform using automated systems or software not provided or approved in writing by Smusix.
Using or attempting to use another user’s account without authorization.
Buy or have a verified user account.

Furthermore, it is strictly prohibited to post, transmit or distribute content on the Platform that:

Infringe the rights of any other person, including intellectual property rights, privacy and/or personality rights.
Constitute, encourage or provide instructions for a criminal offense or dangerous activities.
Spread harmful misinformation, incite hatred or prejudice, or improperly influence elections or other civic processes.
Contains threatening, intimidating, harassing, or material intended to mock, humiliate, embarrass, or harm another person.
Is obscene, pornographic or promotes sexually explicit material.
Be hateful, inflammatory, or promote violence or discrimination based on various criteria.
Contains harmful content, such as that which causes physical, mental or moral harm to minors.
Content, whether songs or videos, that you do not own or do not obtain the copyright to

We encourage you to report any content that you suspect is illegal or violates these Terms or our Community Standards by using the reporting features provided on the Platform.

If you find your content on our platform uploaded to another user’s account, report it and we will delete it immediately.

4.6 Managing Your Content/Music

It is crucial that you understand the destination of your content when creating, publishing or sharing on the Platform:

You are responsible for the content you share on the Platform and must own all rights necessary to create, publish or share it.
When you create, publish or share content using a Smusix application, that content may be shared on Smusix networks. For example, if you publish a video on Smusix, it may also be used on Smusix web in the TOP100 on our social networks.
We conduct both proactive (using systems that detect illegal or harmful content) and reactive (upon receiving notifications from users or authorities) reviews. We use technology and human moderators for content moderation. You can learn more about our approach to content moderation here.
We reserve the right to remove or restrict access to any content, including yours, if we reasonably believe that it (i) violates these Terms or our Community Guidelines; or (ii) causes harm to us, our Affiliates, our users, or other third parties. The Community Guidelines detail how removal or restriction of content on the Platform may be carried out.
If we remove or restrict access to your content, we are not required to inform you, although if we have a means by which we can notify you, we will do so and provide you with the reasons for our decision, unless it is considered inappropriate to do so (for example, due to legal restrictions).
If you believe we have made a mistake in removing or restricting your content, you may file an appeal through the features provided on the Platform, and we will review our decision. Find additional information on how to file an appeal, our complaint handling process, and other redress alternatives here.
You are free to delete your content from the Platform at any time. By deleting content from a Smusix application, you may also ask us to delete content from other apps or social networks.
You have the option to restrict how other users interact with and use your content through your Platform settings. You are advised to review these settings before posting content on the Platform.

4.7 Rights to Content and Grant of Licenses

If the artist is signed to a record label or has sold the rights to the song to another person or entity, and no longer has the permission or rights to upload their music to the platform and earn royalties from it, in case royalties are generated from advertising or sales of the song or any other economic return, these will be delivered to the owner of the rights (in the case that the artist has uploaded a song without having the rights or license and has already collected the royalties generated, the artist must return the same amount claimed to the owner of the rights). The owner will have the power to decide whether to leave the song on the platform or delete it. The owner of the rights or license must contact us. We will verify that all the information is true and we will proceed according to the decision of the owner of the rights.

Independent Artists: If the artist is independent, the platform will never claim their intellectual property. The artist is free to upload their music to any platform they wish, and manage and monetize their content as they wish. I like this text translate it into German English Portuguese and French and Italian

To enable the Platform, we require certain rights from you, known as licenses. Details of these licenses are set out below.

By creating, posting or sharing content on the Platform, you grant Smusix:

Reproduction license on the Smusix platform or networks
Smix distribution, sale and obtaining license (So that the artist can sell their songs on the platform and Smusix can keep a commission on them)
A non-exclusive license (meaning you can license your content to others).
Transferable (which means that we can assign the rights granted to us to another entity).
Worldwide (meaning the license applies anywhere in the world)
By uploading a video to our platform, we will not retain the copyright. By uploading a video or song, you agree that we can reproduce it in our app and on our social networks.

This license permits the use of your content, including reproduction (e.g. copying), adaptation or creation of derivative works (e.g. translation and/or subtitles), performance and communication of your content to the public (e.g. displaying it), for the purposes of operating, developing and providing the Platform, subject to your Platform settings.

The license to your content is extended to Affiliates as part of the availability of the Platform.

In addition, you grant each user of the Platform a worldwide, non-exclusive, royalty-free license to access and use your content, including reproducing (for example, copying, sharing or downloading), adapting or creating derivative works (for example, including your content in your own content) and communicating that content to the public (for example, displaying it) using the features and functions of the Platform for entertainment purposes, subject to your Platform settings.

Your licenses to Smusix and to Users end when you close your account or when you or we remove your content from the Platform in accordance with these Terms. However, due to the nature of the Platform and our legal obligations, the license granted will continue after you remove your content to the extent that:

It has allowed, for its growth and reach, that you give us the right to publish your content on our social networks with the intention of advertising it.
We are required to store or process your content for legal reasons.

5. Our Commitments and Limitations of Liability

We strive to provide the Platform with reasonable skill and care, exercising professional diligence while we decide to keep it available. We are also committed to taking all reasonable steps to preserve a safe environment for our users. However, we cannot guarantee the indefinite availability of the Platform or maintain it in its current form for any specific time.

The main content on the Platform is user-generated, originating from various individuals and companies that use our service. Although Smusix contributes to the content, we are not the main creators. Subject to mandatory regulations or laws, we cannot ensure that user-generated content on the Platform:

– Always be accurate, complete and up to date.
– Do not infringe the rights of third parties.
– Be legal.
– Not likely to cause offence.

It is important to understand that the content on the Platform does not necessarily reflect our views or values and may not be appropriate for all purposes.

The Platform may include links to third-party websites, advertisements, services, offers or other events that Smusix does not control or endorse. You use these elements at your own risk.

Unless we breach these Terms or the loss or damage was reasonably foreseeable at the time we agreed to them, we will not be liable for any loss or damage caused by us. We will also not be liable for any loss or damage caused by events outside our reasonable control.

These Terms do not affect your statutory rights that cannot be modified or waived by contract, especially if you are a consumer. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. You always have the full protection of the laws applicable to your situation.

6. Suspension or Termination of the Relationship

6.1 Your Rights

You may terminate your relationship with Smusix at any time by closing your account and ceasing to use the Platform. Detailed instructions can be found in our Help Center. If you are an EEA consumer, you also have the option to close your account and terminate this agreement at any time, either through the App or by using the model withdrawal form available here.

Please note that closing your account in one Smusix app will impact your access to your content and account in all other Smusix apps linked to that account.

6.2 Smusix Rights

In the event of a suspected breach of these Terms or our Community Standards, we may conduct an investigation. In the course of this process, we may partially or completely remove your content or suspend your access to some or all of the Platform’s features, acting reasonably and objectively based on the seriousness of the alleged breach.

We may subsequently decide to temporarily suspend or permanently terminate your account, or impose limits or restrictions on your access to the Platform’s features if:

We determine, in a reasonable and objective manner, that you are in significant or repeated breach of these Terms or our Community Standards.
We have objective reasons to reasonably believe that you are about to seriously breach these Terms or our Community Standards.
We are legally required to do so.
It is reasonably necessary in response to a serious technical or security issue.

We keep track of violations of our Terms. Repeated violations or a single serious violation may result in a permanent account ban. Learn more about this here.

If we have previously terminated your account for breaching these Terms or Community Standards, and you use our Platform again (for example, by opening another account), we have the right to suspend or terminate such accounts.

If you believe we have made a mistake in suspending or terminating your account, you can appeal using the features provided on the Platform and we will review our decision.

For the avoidance of doubt, if we suspend or terminate your account, or if you delete it, you will lose access to all Smusix applications.

7. Income Generation Methods

On Smusix, money moves and is generated through several sources, both for the artists and the platform. Below are the methods of income generation and the flow of money:

7.1 There are 2 types of ads on the platform, ads for the content of the platform’s artists and Google Admob ads as a reward.

7.1.1 Promoted content of artists

Artists can pay to promote their videos within the platform. By paying to promote their content, artists increase the visibility of their videos, which can lead to more views for their content.

1. **Payment Method and Fees**

Smusix offers content promotion services within the platform, charging per view. Fees are fixed and vary depending on the section in which the artist wishes to promote their content. The cost of promotion is calculated based on the agreed views of the artist’s video or content and will be charged until the specified number of views has been reached.

Payment for content promotion can be made through the available balance in the Smusix app wallet or by using the Google or Apple payment gateways. From the income generated by the artists’ advertising campaigns after deducting the taxes of each locality and the payment gateway commission of the app stores which is normally 30%. Smusix keeps a 20% commission on this net income and the artist keeps 80%. Please note that the taxes have already been managed by Apple and Google and the artist does not have to pay 80% of the taxes.

2. **Duration and Cancellation of the Advertising Campaign**

The duration of the campaign will be **until the agreed number of visits is met**, and there is no minimum duration for the campaign. The campaign cannot be cancelled or paused once it has started, except in exceptional cases such as a **technical error** or if the campaign exceeds a period of **3 months** to be completed. In such cases, Smusix may proceed with the refund to the artist.

3. **Ownership of Promoted Content**

Promoted content will be the property of the artist. However, Smusix will have the right to use such content during the promotional campaign on the agreed sections of the platform, and only for the purposes related to the promotion on Smusix. Artists grant Smusix a license to use their content in accordance with the terms set out in the promotion agreement. Smusix will not acquire any ownership rights over the artist content, other than what is strictly necessary to carry out the promotion.

4. **Compliance with Advertising Regulations**

Smusix is committed to complying with all applicable **legal rules and advertising regulations** in the jurisdictions in which it operates. This includes compliance with data protection and user privacy laws. Smusix may use relevant user information, such as **musical tastes**, **gender**, **age**, and **geographic location**, to segment and target advertising campaigns more effectively.

5. **Promoted Content Review**

Smusix reserves the right to review content for promotion before approving it for the campaign. If content does not meet Smusix’s quality standards or policies, it may be rejected and will not be eligible for promotion. This includes content that violates Smusix’s policies, is inappropriate, or violates local advertising laws.

6. **Exclusion of Liability for Refunds**

Except in the cases mentioned above (technical errors or campaign delays exceeding three months), no refunds will be granted for the payment made for the content promotion. Advertising campaigns are subject to the conditions agreed between Smusix and the artist at the time of the promotion’s start.

7.1.2 Google Admob Ads

We earn revenue from Google Admob ads that will be as reward ads in case a non-premium user wants to download a song to listen to it without internet, or if a user wants to earn 3 smix coins by watching an ad. In these cases the income from this type of advertising is not shared with the artist.

7.2 Premium for users

1. **Premium Service Description**

Smusix’s Premium service gives users access to exclusive features and benefits, including the ability to listen to music without ads, download songs to listen to offline, and access high-quality audio content. Subscription to the Premium service is offered for a monthly fee and if it is the first time you subscribe to the service you will have 30 days free to try the service. (Only if it is the first time you subscribe to the service)

2. **Payment Methods**

Payment for the Premium subscription can be made through the **Google** or **Apple** payment gateways, as appropriate for the user’s device. Payments are processed in accordance with the policies of the corresponding app store (Google Play Store or Apple App Store), and users must accept the terms and conditions of these platforms to complete the transaction.

3. **Subscription Fees**

The price of the Premium subscription will be the one indicated in the Smusix application at the time of purchase. Smusix may modify the subscription fees at any time, but users will be informed of any changes before renewing the subscription. Fees may vary depending on the region or local currency.

4. **Automatic Renewal**

The Premium subscription will automatically renew at the end of each subscription period (monthly or yearly), unless the user cancels the subscription before the renewal date. Users can manage and cancel the automatic renewal from their account in the corresponding app store (Google Play or Apple App Store).

5. **Premium Service Benefits**

Premium users will enjoy the following benefits:

– **Listen to music without ads**.

– **Download songs** to listen to them without an internet connection.

– **Exclusive access to high quality audio content

6. **Subscription Cancellation**

Users can cancel their Premium subscription at any time through their account settings in the relevant app store (Google Play Store or Apple App Store). If the subscription is cancelled, the user will continue to enjoy Premium benefits until the end of the already paid billing period.

7. **Refund Policy**

Smusix does not offer refunds for payments made for the Premium service, except in cases where applicable law requires otherwise. In case of technical problems or billing errors, the user can contact Smusix support to try to resolve the issue.

8. **Ownership of Content**

Smusix retains all rights to the exclusive content and functionality offered within the Premium Service, including, but not limited to, music, playlists, and download services. Users may access and use Smusix content in accordance with these Terms and Conditions, but do not acquire any rights to the content.

9. **Compliance with Regulations**

Smusix is committed to complying with all applicable laws and regulations, including data protection laws, and to maintaining the privacy and security of users’ personal information in accordance with our **Privacy Policy**.

10. **Premium Service Modifications**

Smusix reserves the right to modify or discontinue the Premium Service at any time, with prior notice to users if necessary. If the Premium Service is substantially modified, users will be notified and will have the option to accept the new terms or cancel their subscription.

11. **Limitations of Liability**

Smusix shall not be liable for any direct, indirect or incidental damages or losses arising from the use of the Premium Service, except where otherwise provided by applicable law.

From the income generated by purchases of the premium service after deducting taxes from each locality and the payment gateway commission from the app stores which is normally 30%. Smusix keeps a 20% commission on these net earnings and the artist keeps 80%. Please note that the taxes have already been managed by Apple and Google and the artist does not have to pay 80% of the taxes.

7.3 Premium for artists

1. **Premium Service Description for Artists**

The Premium service for artists on Smusix allows you to access exclusive tools to promote your music, improve the visibility of your profile, and optimize your income opportunities. Premium artists have access to additional features, such as featured promotion of their content, advanced analysis of their audience, and other advantages that improve their experience on the platform. And if it is your first time signing up for the service, you will have 7 free days to try the service. (Only if it is your first time signing up for the service)

2. **Payment Methods**

Payment for the Premium Subscription for Artists will be made through the **Google** or **Apple** payment gateways, depending on the artist’s device, or with the application wallet from the earnings they have earned. Payment can also be made using the balance available in the Smusix application wallet. The artist must accept the terms and conditions of the corresponding platform (Google Play Store or Apple App Store) when making the transaction.

3. **Subscription Fees**

The Artist Premium Subscription fee is the fee displayed in the Smusix app at the time of purchase. Smusix may adjust Artist Premium Subscription fees based on factors such as region, plan type, and duration. Artists will be informed of any price changes before their subscription renews.

4. **Automatic Renewal**

The Premium subscription for artists will automatically renew at the end of each monthly billing period, unless the artist decides to cancel it before the renewal date. Artists can manage and cancel the automatic renewal directly from their account in the app store (Google Play or Apple App Store) or in case of paying with the app wallet, they must cancel it from the cancel subscription section in the app settings.

5. **Premium Service Benefits for Artists**

Premium artists will enjoy the following benefits:

– **Featured promotion of your content**: The artist’s content will be promoted more widely within the app.

– **Greater visibility in the feed**: Your songs and videos will be guaranteed greater exposure to users.

– **Access to advanced analytics tools**: Artists will be able to access detailed statistics on their audience’s interaction, allowing them to improve their content strategy.

– **Promotion in the featured sections of the platform**.

6. **Cancellation of Premium Subscription for Artists**

Artists can cancel their Premium subscription at any time through their account settings in the app store (Google Play Store or Apple App Store) or if paying with the app wallet, they must cancel it from the cancel subscription section in the app settings. By canceling, artists will continue to enjoy Premium benefits until the end of the already paid billing period.

7. **Refund Policy**

Smusix does not offer refunds for payments made for the Artist Premium Subscription, except where otherwise required by applicable law. If an artist experiences technical issues or billing errors, they may contact Smusix support to try to resolve the issue.

8. **Ownership of Artist Content**

The content uploaded by the artist to Smusix remains the property of the artist, but the artist grants Smusix a limited, non-exclusive, non-transferable license to use, reproduce and display the artist’s content on the platform for the purpose of providing the services associated with Smusix. This license will remain in effect for as long as the content is available on the platform.

9. **Compliance with Regulations**

Smusix is committed to complying with all applicable laws and regulations, including data protection laws, and to ensuring the privacy and security of artists’ personal information, in line with our **Privacy Policy**.

10. **Premium Service Modifications for Artists**

Smusix reserves the right to modify or discontinue the Artist Premium Service at any time. If substantial changes are made to the features of the service, artists will be notified in advance and may accept the new terms or cancel the subscription.

11. **Limitations of Liability**

Smusix shall not be liable for any direct, indirect or incidental damages or losses arising from the use of the Artist Premium Service, except where otherwise provided by applicable law.

7.4 Description of SMIX Coins

1. **SMIX Coins** are the virtual currency of the Smusix platform and are used as a means of donation within the application. Users can acquire SMIX Coins to make donations to artists, or participate in other activities within the platform. SMIX Coins have no value outside the Smusix platform and cannot be exchanged for real money by unverified users. Artists (verified users) will be able to withdraw or exchange these coins received by users for real money on the platform.

2. **SMIX Coin Acquisition**

Users can acquire SMIX coins in the following ways:

– **Direct purchase** through **Apple** or **Google** payment gateways, depending on the user’s device.

– **Earning SMIX coins** through activities on the platform, such as viewing reward ads, achieving achievements, or special promotions.

– **Through transfers from other users**

3. **Using SMIX Coins**

SMIX coins can be used for:

– **Donating to Artists**: Users can donate SMIX coins to artists to support their work.

– **Participate in exclusive events**: such as contests or special activities within the application.

4. **SMIX Coin Value**

SMIX coins have no tangible value outside of Smusix. The value of coins within the platform may vary based on the application’s internal policies and user demand. Smusix reserves the right to adjust the exchange rates of SMIX coins at any time, without prior notice.

5. **Limitations of Use**

SMIX coins can only be used within Smusix and have no cash value. They are non-transferable and non-refundable, unless otherwise stated in specific cases of disputes or technical errors related to transactions.

6. **SMIX Coins Artist Payment Terms**

When users make a donation to an artist using SMIX coins, the artist receives a percentage of that revenue, after Smusix’s commission.

7. **Smusix Commissions**

From the income generated by SMIX coin purchases after deducting local taxes and the payment gateway commission of the app stores, which is normally 30%. Smusix keeps a 50% commission on this net income and the artist keeps a 50% commission. Please note that the taxes have already been handled by Apple and Google and the artist does not have to pay 50% of the taxes.

8. **Restrictions and Prohibitions**

SMIX coins cannot be:

– Sell or exchange for real money outside the platform.

– Transfer between user accounts, except in cases where Smusix enables this feature.

– Use for illegal activities or in violation of the platform’s terms of use.

9. **SMIX Coins Expiration**

Smusix can set an expiration for unused SMIX coins, for now they have no expiration but in the future they could have one with a notice in the application.

10. **Modification of the Conditions**

Smusix reserves the right to modify the terms and conditions related to SMIX Coins at any time. Users will be notified of any relevant changes, and continued use of SMIX Coins constitutes acceptance of the new terms.

11. **Compliance with Tax Regulations**

Users who receive earnings in SMIX Coins, whether they are artists or partner platforms, must comply with the applicable tax laws in their country of residence. Smusix is not responsible for users’ tax obligations.

12. **SMIX Coin Security**

Smusix is committed to protecting users’ SMIX coins by using appropriate security technologies. However, Smusix will not be liable for any losses arising from fraudulent activities or account misuse by users.

13. How the value of the currency is calculated.

Smusix calculates all SMIX coins delivered, whether paid or free, and calculates the money obtained from coin purchases, the calculation is made and the value equivalent to 1 coin received is assigned, according to your coins obtained, it will be added to your wallet monthly after taxes, payment gateway fees and Smusix commission.

7.5 Digital Song Sales, Tips and NFT Song Sales on Smusix

1. Sale of Songs in Digital Format

1.1 **Description of Song Sales**

Artists have the opportunity to sell songs in digital format through Smusix. Users will be able to purchase these songs in exchange for real money within the platform.

1.2 **Song Prices**

Artists are free to set the price of their songs in digital format. Smusix is not responsible for price fixing.

1.3 **Smusix Commissions and Payment Gateways**

From the income generated by digital song purchases after deducting local taxes and the payment gateway commission of the app stores, which is normally 30%. Smusix keeps a 5% commission on this net income and the artist keeps 95%. Please note that the taxes have already been managed by Apple and Google and the artist does not have to pay 95% of the taxes.

1.4 **Payment of Income to the Artist**

Revenue generated from song sales will be paid to artists when the artist makes a withdrawal request, provided the minimum payout threshold has been met, if applicable.

1.5 **Ownership of Content**

The artist is the sole owner of the copyright to the songs he/she uploads to Smusix. By selling his/her music, the artist warrants that he/she owns all rights necessary for the distribution and sale of such music. Smusix will not claim any rights to the songs, except for usage rights related to distribution within the platform.

1.6 **Restrictions on Sale**

Songs sold in digital format are not eligible for returns or refunds, unless there is a technical error on the part of the platform. In the event that the content is damaged or inaccessible, Smusix will provide a refund or replacement as appropriate.

1.7 Customer Refund

If the artist does not send the content in digital format, a refund will be made to the customer who purchased it. The artist has 5 days to deliver the product to the customer or from the fifth day onwards, if the customer requests a refund, it will be granted immediately and the amount of the purchase and the tip will be deducted from the digital wallet of the artist’s application.

2. Tips for Artists

2.1 **Tips Description**

Smusix users have the option to tip artists as a way of supporting their work. Tips are made through real money.

2.2 **Smusix Commissions**

From the income generated by tip purchases after deducting local taxes and the payment gateway commission of the app stores, which is normally 30%. Smusix keeps a 5% commission on this net income and the artist keeps 95%. Please note that the taxes have already been handled by Apple and Google and the artist does not have to pay 95% of the taxes.

2.3 **Tips Payment Methods**

Tips are processed through Google or Apple payment gateways, and payments are handled according to each payment platform’s policies.

2.4 **Ownership of Content**

Tipping does not affect the ownership rights of the songs or content that the artist uploads to Smusix. The artist remains the sole owner of the copyright of the content.

3. Sale of Songs in NFT Format

3.1 **Description of the Sale of Songs in NFT**

Smusix offers artists the option to sell their songs as **NFTs (Non-Fungible Tokens)** through the platform. These NFTs represent a unique copy of the song that can be bought, sold or traded on the secondary NFT market.

3.2 **Smusix Commissions on the Sale of NFTs**

– **Smusix Commission**: The commission will be established in the marketplace and for each song as it may vary depending on whether it is the first sale or secondary sales.

3.3 **Creation and Sale of NFTs**

Artists will be able to upload their songs to the platform and issue them as NFTs. Each NFT will represent a unique file and cannot be duplicated or distributed without the artist’s consent. Creating an NFT involves the artist transferring a copy of their digital work to a token on a blockchain, certifying its authenticity and ownership.

3.4 **Ownership of NFTs**

The artist remains the original owner of the copyright to the song, even after the sale of an NFT. The buyer of the NFT has the right to own and transfer ownership of the token, but not the rights to reproduce or distribute the music, unless the artist has explicitly granted those rights.

3.5 **Transfer and Trade of NFTs**

Once the NFT has been sold, the buyer can keep it in their digital wallet or transfer it to other users. NFT purchase and sale transactions may be subject to additional fees depending on the blockchain platform used to exchange NFTs.

3.6 **Refunds and Cancellations**

The purchase of NFTs is **final and non-refundable**, except in the case of a technical error on the Smusix platform that prevents the correct transfer of the NFT. In these cases, the situation will be reviewed and, if appropriate, a refund will be processed for the buyer.

3.7 **Terms of Use of NFTs**

The purchase, sale and trading of NFTs on Smusix is subject to applicable intellectual property laws, cryptocurrency regulations and platform regulations. Users must comply with local laws and regulations of the blockchain used for NFT transactions.

8. Payment to artists

1. Payment for royalties from your songs

These royalties are paid by sharing the advertising revenue and premium subscription revenue mentioned above.

– Only views that exceed **30 seconds** are monetized.

– After taxes and payment gateway fees are deducted, **Smusix** retains **20%** of advertising and premium account revenue.

The remaining **80%** is distributed proportionally among artists based on their plays.

2. **Smix Coins**

– Both **Paid Smix** and **Free Smix** are counted. **Free Smix** are given to encourage user donations.

– After taxes and payment gateway fees are deducted, **Smusix** retains **50%** of the revenue from Smix sales. The remaining **50%** is distributed among artists based on the amount of Smix they have received.

3. **Digital Song Sales**

– Smusix charges a **5% commission** on each digital song or album sale.

– After taxes and payment gateway fees are deducted, **95%** of the proceeds go directly to the artist.

4. **Tips**

– Tips received by artists are distributed as follows: **Smusix** retains **5%** and the remaining **95%** goes to the artist.

– Taxes and payment gateway fees are deducted before distribution is calculated.

5. **Top 100**

– Artists who are in the **Top 100** of Smusix will receive a reward, which will be greater depending on the position in the ranking.

– Prizes may vary, but are generally adjusted based on the previous week’s prizes.

9. Smusix Wallet and Withdrawal Requests

1. **Fund Accumulation**

Money generated from **streams**, **Smix sales**, **digital song sales**, **tips**, and **Top 100 rewards** is accumulated in the **Smusix app wallet**. The total balance in the wallet reflects the income available to each artist after any applicable deductions (payment fees, taxes, etc.).

2. **Requirements to Request a Withdrawal**

Artists will be able to request a withdrawal of funds as long as they have reached a **minimum of 50 dollars or euros** in their wallet. Withdrawal requests can be made at any time through the Smusix platform, as long as this minimum requirement is met.

3. **Approval or Rejection of Withdrawal Requests**

Smusix will review all withdrawal requests and reserves the right to **approve or deny** such requests. In the event of any breach of the **Terms and Conditions** of the platform (e.g. fraudulent activity, violation of content policies, etc.), Smusix may deny the withdrawal request.

4. **Payment Methods for Withdrawals**

Funds can be withdrawn through the payment methods available on the platform, such as **bank transfers** or other methods enabled in the application. The availability of payment methods may be subject to change or limitations depending on the artist’s location.

5. **Withdrawal Processing Time**

Withdrawal requests are processed by Smusix within **up to 7 business days**. However, transfer times may vary depending on the selected payment method.

6. **Withdrawal Fees**

Smusix may apply **additional fees** for the withdrawal of funds depending on the selected payment method and the fees of external payment platforms (such as banks or payment processors).

7. **Refund Requests**

Smusix does not provide refunds for payments received for **streams**, **Smix sales**, **digital song sales** or **tips** once the money has been credited to the artist’s wallet, except in the case of a **technical error** or when the service was not provided correctly. In such cases, a refund can be requested within a period of **30 days** from the time of the error.

8. **Wallet Suspension or Freeze**

Smusix reserves the right to suspend or freeze the wallet of any user who is under investigation or who has violated the Terms and Conditions of the platform. In such cases, funds may be withheld until the investigation is resolved.

9. **Tax Liability**

Artists are responsible for complying with their country’s tax laws and correctly reporting income generated on Smusix.

10. Taxation and Fiscal Responsibilities

1. **Taxes already paid by Apple and Google**

Revenue generated from transactions through Smusix, such as digital song sales and other payments made by users, is already tax-inclusive. This means that Apple and Google, as payment platforms, are responsible for complying with all applicable tax regulations in their respective territories, ensuring that value-added taxes and other taxes are correctly managed and paid upon receiving payments from users.

2. **Artist’s Responsibility**

Although taxes are already covered by Apple and Google, it is important for the artist to ensure that they comply with the tax laws of their country. Each country has its own tax regulations, so it is the artist’s responsibility to understand and comply with the applicable tax laws in their jurisdiction. This may include the obligation to declare the income generated on Smusix and, if applicable, issue an invoice for the services provided.

3. **Tax Advice**

We recommend that all artists seek professional tax advice to ensure they are complying with all relevant tax regulations in their country. If an artist needs to issue an invoice, they should send it to **support@smusix.com** with the appropriate information, including details of the income generated and applicable taxes, if applicable.

4. **We are not responsible**

Smusix is not responsible for any taxes that each artist must pay in their country of residence. Artists are responsible for covering any tax obligations they may have with respect to income generated through the platform. This includes any obligation to report or pay taxes on income received.

11. We integrate two SDKs

At Smusix, we have integrated 2 SDKs that collect various types of data for advertising and analytics purposes to increase Smusix’s revenue, but both respect user privacy while providing useful information for advertisers. This tool allows us to collect information efficiently and, at the same time, generate revenue subtly without affecting the user experience.

The data we collect includes internet speed, user location, signal quality, app usage, and more. This data not only helps improve the functionality of the app but is also used to offer a better network experience and optimize overall performance.

It is important to note that they operate under strict privacy and security standards, ensuring that all data collection complies with regulations such as GDPR and other data protection laws. Additionally, the user has control at all times to decide whether to share this information, ensuring a transparent and privacy-respecting experience.

If you are interested in how your data is treated, you can read our privacy policy or the privacy policies of these web pages that provide the SDKs we have in our application.

12. Changes to These Terms or the Platform

12.1 Settings and Notifications

We may occasionally make changes to these Terms or the Platform. If we decide to make changes, we will consider your reasonable interests before implementing them.

We will also inform you in a transparent manner in good time about any significant changes that affect you, indicating the date of their entry into force. These changes will only apply to future events in our relationship.

In urgent situations, such as safety, security, compliance with legal or regulatory requirements, we may not be able to notify you in advance, but we will do so as soon as practicable.

If you do not agree to any changes to the Terms or the Platform, you will have the option to stop using the Platform.

In short: We will notify you of any changes. It will not alter what has happened before, but if you wish to continue using the Platform, you will need to accept the changes. Our Platform will evolve as we improve it.

12.2 Reasons for Modifications

The reasons that may motivate changes to these Terms or the Platform are:

Modifications in circumstances beyond our reasonable control.
Changes in legislation.
Routine updates in the development of our Platform.
Adaptation to new technologies.
Reflect variations in the number of users or in relevant characteristics of the Platform.
Resolve security issues.

14. Email and newsletter

When you register your account, we will send you an email containing a verification number to validate your email address, except for those users who choose to register through Google or Apple. You will then receive another welcome email that will include the opportunity to subscribe to our newsletter. This newsletter will provide relevant and valuable content related to the music industry.

When you register, it is important to note that your email address may be shared with a third-party service provider (SAS) specializing in sending newsletters, based in the United States. This action will be carried out solely to facilitate the sending of our newsletter and will be subject to the privacy terms and conditions of said provider, which comply with the relevant regulations.

15. Additional Considerations

You are not permitted to assign or transfer these Terms, as well as the rights and permissions granted herein, but Smusix may make assignments without restriction. In the event that we carry out an assignment, this will not affect your rights as a consumer. Furthermore, if you are not satisfied, you have the right to terminate this contract and stop using the Platform at any time.

In summary: Although it is not in your power to transfer these terms, Smusix has the ability to do so. If at any time we decide to transfer our responsibility, this will not affect your position as a user.

Regarding account names, we may reclaim your name and make it available to other users if you have not logged into your account for 6 months or if we reasonably believe that your account name violates our Terms and/or Community Guidelines (for example, it infringes third-party trademarks).

Even if either party delays in enforcing a provision of these Terms, we may still do so in the future. Failure to insist promptly on performance of any provision or delay in taking action in the event of a breach will not prevent either party from taking action later.

You can contact us at info@smusix.com