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Thank you for your interest in our music distribution and monetization services (the “Services”).
By using our Services, you agree to these Terms of Service and the terms and conditions. Please read these Terms of Service and the rest of the Smusix Terms carefully.
As used in these Terms of Service, “you” or “artist” means the individual or entity that uses the Services (and/or any individual, agent, employee, representative, network, parent, subsidiary, affiliated entity, successor entity, related entity, assignee or any other person or entity acting on your behalf, under your direction or control, or under the direction or control of the same entity that controls you). “We” or “Smusix” means Smusix SL, and the “parties” means you and Smusix.
Your use of the Services is subject to the creation and our approval of a Smusix Account (an “Account”). We reserve the right to refuse or limit your access to the Services. To verify your Account, we may request additional information about you from time to time, including, but not limited to, verification of your name, address, and other identifying information. By registering to use the Services, if you are an individual, you represent that you are at least 18 years of age. You may only have one Account. If you (or anyone under your direction or control) create multiple Accounts, you will lose your right to receive payments from Smusix and your accounts will be subject to termination as set forth below.
By registering with Smusix, you permit Smusix to provide, as applicable, (i) advertising and other content (“Ads”), (ii) music recommendations and other related content, and (iii) links to other content and properties on the Smusix platform, such as websites, mobile applications, and other Smusix-approved services (each, individually, a “Property”). You further grant Smusix the right to access, index, and cache the Properties, or any portion thereof, including through automated means. Smusix may refuse to offer the Services to any Property.
You may use our Services only in accordance with the Smusix Terms and applicable laws. You must not misuse our Services. For example, do not interfere with our Services or attempt to access them using methods other than those provided by our interface and the instructions provided.
Our Services are tools for artists. You must use our Services only for purposes related to your artistic, promotional or commercial activities, whether as an artist, content creator or affiliated entity.
You may stop using any Service at any time by removing the relevant content or code from your Smusix Properties.
At Smusix, we are constantly evolving and improving. We may add or remove functionality or features of the Services at any time, and we may suspend or discontinue a Service entirely.
We may modify the Smusix Terms at any time. We will post any changes to the Terms of Service on this page and any changes to the Smusix Policies on their respective pages. Changes will generally become effective 14 days after they are posted. However, changes related to new features of a Service or changes made for legal reasons will become effective immediately. If you do not agree to the modified terms of the Smusix Terms, you must stop using the affected Services.
Pursuant to these Terms of Service, you will receive payment for eligible streams of your songs, for receiving Smix Coins, for digital album sales, for receiving tips, for being ranked in the weekly Top 100, or any other eligible revenue-generating event, only if Smusix determines that your Properties meet all required conditions and remain in compliance with Smusix Policies during the payment period.
If your account is in good standing at the time of payout, we will make a payout to you when requested and the minimum balance required to payout has been accumulated. This minimum balance will depend on the payout threshold that is set, and will be paid when that threshold is reached. If Smusix is
Smusix will withhold any payout owed to you if we detect any invalid activity (such as fraudulent clicks, non-genuine plays, or activity that does not comply with our Policies). You will only be paid for revenue that Smusix has received and not reversed. If any payment from an advertiser is rejected or returned, you will not be entitled to payment for the activities associated with that advertisement.
If you implement promotional services within Smusix, payments may be offset against applicable fees for such services. In addition, Smusix may (a) retain and offset any payments due to you under the Smusix Terms or any other agreement, or (b) require you to reimburse us for any amounts we have overpaid you in prior periods, within 30 days of any invoice. You are responsible for any fees assessed by your bank or payment service provider.
Unless expressly authorized in writing by Smusix, you may not enter into any arrangement with a third party whereby such third party will receive payments made to you under the Smusix Terms or other financial benefits in connection with the Services.
Payments will be calculated solely according to our accounting records. You acknowledge and agree that you are only entitled to receive those payments for your use of the Services that have already been paid to Smusix. If, for any reason, Smusix does not receive payment from an advertiser or return such payment to an advertiser, you are not entitled to receive payment for any usage associated with the Services. In addition, if payment from any advertiser whose advertisements are displayed on a Property is found to be fraudulent, we may withhold payment or reverse payment made to your Account.
Smusix shall have the right to withhold any payments made to you or adjust them to exclude any amounts that Smusix determines are the result of invalid activity. Invalid activity includes, but is not limited to, (i) fraudulent views, invalid clicks, impressions, queries, conversions, and any other invalid events generated by any person, robot, automated program, or similar device, including those resulting from clicks, impressions, queries, conversions, or other events originating from your IP addresses or computers under your control; (ii) views, clicks, impressions, queries, conversions, or other events requested or generated through payments, misrepresentations, or requests directed to users urging them to click on advertisements or take other actions; (iii) advertisements served to users whose browsers have JavaScript disabled or that are tampering with ad delivery or measurement; (iv) any click, impression, query, conversion, or other event occurring on a Property that does not comply with Smusix Policies; (v) any clicks, impressions, queries, conversions or other events that occur on a Property associated with another Smusix account that you use; and (vi) all clicks, impressions, queries, conversions or other events on any account that has a material number of invalid activities, as described in (i) through (v), or invalid activity types that indicate intentional misconduct. In the event that Smusix detects invalid activity, either before or after issuing a payment for such activity, Smusix shall have the right to deduct payment from your account, and adjust future payments accordingly, for all invalid clicks, impressions, queries, conversions or other events, including all clicks, impressions, queries, conversions or other events that occur on Properties that do not comply with the Smusix Policies.
Smusix may, at any time and without prior warning, temporarily suspend further payments to your account, suspend or terminate any Property’s participation in the Services, or suspend or terminate your account for, among other reasons, invalid activity or failure to fully comply with Smusix Policies. Smusix may also terminate your participation in the Services and close your account if it remains inactive for a period of 6 consecutive months or more .
If Smusix closes your account due to your inactivity and the balance reflected in your account equals or exceeds the payment threshold, such balance will be paid to you in accordance with the payment provisions in Section 5. In the event that your account is closed due to inactivity, you will not be prevented from submitting a new application to use the Smusix Services.
If Smusix terminates your account due to your breach of the Terms of Service or Smusix Policies, including but not limited to invalid activities, or if you fail to take steps to prevent such activities, you will not be entitled to any additional payments for past revenue generated. In the event that Smusix suspends or terminates your account, (1) you will be prohibited from creating a new account on Smusix and (2) you will not be able to monetize content on other Smusix products.
If you wish to dispute any payment made or withheld in connection with your use of the Services, or if Smusix terminates your account and you dispute such termination, you must notify Smusix within 30 days of the payment, non-payment, or cancellation by submitting a request. If you do not do so, you will waive any claim related to the disputed payment or your cancellation.
You may terminate your use of the Services at any time by completing the account cancellation process. Your account will be deemed cancelled 10 days after Smusix receives your notice. If you choose to cancel your account and the balance reflected in your account is at or above the payment threshold, you will be paid out for that balance in accordance with the payment provisions in Section 5, approximately within 90 days after the end of the month in which you cancel your use of the Services. If your account balance is below the payment threshold, you will not receive any payment.
As between you and Smusix , Smusix shall be responsible for all taxes (if any) associated with transactions between Smusix and advertisers in connection with advertisements displayed on the Application Properties. You shall be responsible for all taxes (if any) associated with the Services you provide on Smusix , other than taxes based on Smusix ‘s net earnings . All payments made to you by Smusix in connection with the Services shall be deemed to include taxes (if applicable) and shall not be adjusted.
You authorize Smusix to conduct periodic testing that may affect your use of the Services. To ensure the timeliness and validity of the test results, you authorize Smusix to conduct such testing without prior notice.
Unless otherwise expressly provided in these Terms, neither party shall acquire any right, title or interest in or to any intellectual or industrial property rights belonging to the other party or its licensors.
If Smusix provides you with software in connection with the Services, we grant you a non-exclusive, non-sublicensable license, during the term of the Agreement, to use such software. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services provided by Smusix , in the manner permitted by the Terms. Except for distributing content through tools provided by Smusix , you may not copy, modify, distribute, sell or lease any part of our Services or included software, or reverse engineer or attempt to obtain the source code of such software, unless laws prohibit such restrictions or you have our express written permission. You may not remove, obscure or alter the Smusix copyright notice, the Smusix Indicia or any other proprietary rights notices included or incorporated into any Smusix service, software or documentation .
We grant you a non-exclusive, non-sublicensable license during the term of the Agreement to use Smusix’s trade names, trademarks, service marks, logos, domain names, or other distinctive signs ( “Indicia”), solely in connection with your use of the Services and in accordance with the Terms. We may revoke this license at any time. Any goodwill arising from your use of the Smusix Indicia will belong to Smusix .
We may include your name and Insignia in our presentations, marketing materials, customer lists and financial reports, and you grant Smusix a non-exclusive, non-sublicensable, worldwide license to use your Insignia during the term of the Agreement.
Our Privacy Policy explains how we treat your personal data and protect your privacy when you use our Services. By using our Services, you agree to Smusix using such data in accordance with our Privacy Policy. Both you and Smusix agree to the Data Protection Terms between controller and controller of the services provided by Smusix .
You will ensure that, at any time you use the Services, the Properties have a clearly labeled and easily accessible privacy policy that provides end users with clear and complete information about cookies, device-specific information, location information, and other information stored on, accessed by, or collected from end users’ devices in connection with the Services, including, as applicable, information about end users’ options for managing cookies. You will ensure that an end user consents to the storage and access of both cookies and device-specific information, location information, and other information about an end user’s device in connection with the Services where such consent is required by law. In the event of a conflict between this section of these Terms of Service and the European Union User Consent Policy, the European Union User Consent Policy shall govern.
You agree not to disclose Smusix Confidential Information without our prior written consent. “ Smusix Confidential Information ” includes: (a) all software, technology and documentation relating to the Smusix Services ; (b) play rates or other statistics relating to song or video activity with respect to the Services; (c) the existence of, information about, or the conditions of beta or experimental features on a Service that have not been made public; and (d) any other information provided by Smusix that is designated as confidential or that would normally be considered confidential in the circumstances in which it is presented.
Smusix Confidential Information does not include information that you already know prior to your use of the Services, that becomes public through no breach by you, that you have independently developed, or that you have lawfully obtained from a third party. This Section 11 (Confidentiality) will not affect the rights of the parties granted in Section 15 (Reporting Issues to Government Agencies). Notwithstanding this Section 11, you may disclose the exact amount of Smusix ‘s gross payments arising from your use of the Services.
You agree to indemnify and defend Smusix , its affiliates, agents and contributors from and against any and all claims and liabilities arising from or relating to the Properties, including any content provided on the Properties that was not supplied by Smusix ; your use of the Services or your breach of any term of these Smusix Terms of Use . Contributors and other users of Smusix are third-party beneficiaries of this indemnification.
You represent and warrant that (i) you have full power and authority to bind yourself to these Smusix Terms of Use ; (ii) you are the owner, or are legally authorized to act on behalf of the owner, of each Property; (iii) you are the technical and editorial decision maker for each Property on which the Services are implemented and you have control over the manner in which the Services are implemented on each Property; (iv) Smusix has never terminated or otherwise disabled an Account or service created by you due to your failure to comply with the Terms of Use, including invalid activity; (v) entering into or complying with the Terms of Use will not violate any agreement you have with a third party or any third party’s rights; and (vi) all information you provide to Smusix is
Each party warrants to the other that it will use reasonable care and diligence to perform its obligations under the Agreement.
Unless otherwise expressly set forth in the Smusix Terms of Use , we make no promises about the Services. For example, Smusix may refuse, on a case-by-case basis, to display (1) advertisements and other content, (ii) results or promotional content, (iii) recommendations or links related to queries and other access to your Properties. We do not guarantee that all pages will receive advertisements or that Smusix will display a certain number of advertisements. We also make no commitments about the content of the Services, the specific function of the Services, or their cost-effectiveness, reliability, availability or ability to meet your needs.
No conditions, warranties or other terms apply to the Services or any goods or services supplied by Smusix under the Contract unless expressly stated otherwise in the Contract. No implied conditions, warranties or other terms apply (including any implied terms as to satisfactory quality, fitness for purpose or compliance with description).
Nothing in these Smusix Terms of Use shall exclude or limit either party’s liability for (a) fraud or fraudulent misrepresentation; (b) death or personal injury caused by negligence; or (c) anything else which cannot be excluded or limited by law.
Neither party shall be liable under these Terms of Use (whether in contract, tort or otherwise) for any special, indirect or consequential losses (whether such losses were foreseeable, known or otherwise).
The total aggregate liability of either party under these Terms of Use (whether in contract, tort or otherwise) will not exceed 125% of the amount paid or payable by Smusix in the 12 month period immediately preceding the first date on which such liability arose.
The limitations and exclusions of liability in this Section 14 will not apply in respect of any liability you may incur under Section 9 (Intellectual Property and Industrial Property; Distinctive Marks), Section 11 (Confidentiality) or Section 12 (Indemnification).
Entire Agreement; Modifications. The Smusix Terms of Use constitute our sole agreement relating to your use of the Services and supersede any prior or contemporaneous agreements with respect to the Services. Neither party shall have any right or remedy based on any statement, representation or warranty (whether made negligently or unintentionally) not expressly set forth in the Agreement. These Terms of Use may be modified (i) by a writing signed by both parties expressly stating that the Terms of Use are modified; or (ii) as set forth in Section 4, if you continue to use the Services after Smusix modifies the Terms of Use.
Assignment. You may not assign or transfer any of your rights under the Terms of Use.
Independent Contractors. The parties are independent contractors and the Terms of Use do not create an agency, partnership, or joint venture between the parties.
No Third-Party Beneficiaries. Except as provided in Section 12, these Terms of Use do not grant any third-party benefits.
No Waiver. Except as provided in Section 6, the failure of either party to exercise its right to enforce any provision of the Terms of Use shall not constitute a waiver of such exercise.
Severability. If a specific provision of these Terms of Use is found to be invalid, the remainder of these Terms of Use will remain in full force and effect.
Survival. Sections 5, 6, 8, 12, 14, and 15 of these Terms of Service will survive any termination.
Applicable law; jurisdiction. The Terms of Use shall be governed by Spanish law and the parties agree to submit to the exclusive jurisdiction of the courts of Madrid in relation to any dispute (contractual or non-contractual) regarding the Contract.
Force Majeure. Neither party shall be liable for any failure to perform to the extent it was caused by a situation (for example, natural disaster, act of war or terrorism, riot, labor condition, governmental action, and Internet disruption) that was beyond the party’s reasonable control.
Communications. In connection with your use of the Services, we may communicate with you regarding service announcements, administrative messages, and other information. You may opt out of receiving some of these communications in your Account settings. For information on how to contact Smusix , please visit our contact page.
Reporting Issues to Government Agencies. Nothing in the Terms of Use prevents either party from reporting issues of non-compliance with law to the appropriate government agencies. To the extent this Section conflicts with any other part of the Terms of Use, this Section shall control.
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