Please read these Terms of Service ("Terms", "Terms of Service", or "Agreement") carefully before accessing or using the DistroVibe website, mobile applications, dashboard, API, and any associated software or digital services (collectively, the "Site" or "Services") operated by DistroVibe ("DistroVibe", "us", "we", or "our"), a company governed under the laws of England and Wales.
By accessing, browsing, registering an account, or using the Services in any manner, you represent and warrant that you have read, understood, and unconditionally accept and agree to be legally bound by these Terms in their entirety. If you do not agree to these Terms, you are expressly prohibited from accessing or using the Site and Services.
Important: Your use of DistroVibe’s music distribution network is separately and additionally governed by the DistroVibe Digital Music Distribution Agreement, the Anti-Fraud Policy, and other applicable operational schedules.
1. Eligibility and Account Registration
1.1. Legal Capacity
You represent and warrant that you are at least eighteen (18) years of age, or the applicable age of majority in your jurisdiction, and possess the full legal capacity to enter into a legally binding contract. If you are between 13 and 18, you may use the Services only under the direct supervision and written consent of a parent or legal guardian. The Site is strictly not intended for children under 13.
1.2. Account Creation & Verification
To access distribution, royalties, or analytics, you must create an account and complete required identity verification (KYC) procedures. You agree to provide true, accurate, current, and complete legal information and to promptly update such information as necessary.
1.3. Account Security & Two-Factor Authentication
You are solely responsible for safeguarding your credentials, including Two-Factor Authentication (2FA) mechanisms. DistroVibe shall not be liable for any losses or unauthorized transactions arising from compromised credentials. You remain fully liable for all actions and submissions executed under your account.
2. License to Use the Services
2.1. Limited License: DistroVibe grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Site and dashboard strictly for authorized music distribution and catalogue management purposes.
2.2. Prohibited Conduct: You unequivocally represent and warrant that you shall not:
3. Intellectual Property of DistroVibe
3.1. Proprietary Rights: All right, title, and interest in and to the Site, Services, software, UI/UX architecture, algorithms, databases, and underlying technology are the exclusive intellectual property of DistroVibe.
3.2. Brand Identity & Visual Assets
All DistroVibe trademarks, service marks, trade dress, logos, "duotone" design systems, and "DistroVibe Signed" badges are protected proprietary assets of DistroVibe. You are strictly prohibited from copying, imitating, or utilizing our brand identity without express, prior written authorization.
4. Third-Party Services & Payment Infrastructure
4.1. Delivery & Ingestion Providers
DistroVibe utilizes enterprise backend infrastructure and digital service provider (DSP) delivery pipelines for audio encoding, metadata ingestion, and analytics processing.
4.2. Payment & Payout Gateway (Polar.sh)
Subscription billing, financial ledgers, and royalty payout distributions are executed through our authorized payment infrastructure partner, Polar.sh. Financial transactions remain subject to Polar.sh Terms and Merchant Conditions.
4.3. Third-Party Availability: DistroVibe is not liable for upstream technical outages, latency, or service interruptions originated by third-party DSPs, cloud infrastructure providers, or payment rails.
5. Wallet Freezing, DSP Clawbacks & Right of Set-Off
5.1. Authority to Freeze Funds & Withhold Balances
DistroVibe reserves the absolute right at its sole discretion to immediately freeze, lock, or withhold user wallet balances, pending payout requests, and Polar.sh disbursement channels in the event of:
- Detection or suspicion of artificial streaming, bot traffic, or algorithmic manipulation.
- Third-party copyright infringement notifications, DMCA takedowns, or legal ownership disputes.
- DSP clawbacks, adjustments, or fines imposed by streaming platforms (e.g. Spotify artificial streaming penalties).
- Chargebacks, payment disputes, or fraudulent subscription activity.
5.2. Right of Set-Off (Mahsuplaşma) & Liquidated Damages
DistroVibe shall have the express contractual right to set off, deduct, and recoup any financial liabilities, third-party fines, legal expenses, or DSP penalty fees (including the pass-through of DSP track fines) directly against any current, pending, or future royalty earnings or wallet balances associated with your account.
6. UK Data Protection & GDPR Compliance
UK GDPR & Data Protection Act 2018
DistroVibe operates in strict adherence to the United Kingdom General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018 (DPA 2018). Personal data, including Two-Factor Authentication logs, KYC identity documents (verified through cryptographic AES-256 safeguards), and financial records, are processed lawfully, fairly, and transparently in accordance with our Global Privacy Policy.
7. Modification and Termination of Services
7.1. Modification of Platform: DistroVibe reserves the right to alter, enhance, or discontinue any feature, catalogue tier, or operational pricing with reasonable notice.
7.2. Account Suspension & Ban Enforcement
DistroVibe may suspend, restrict, or permanently terminate account access, remove all distributed releases, and blacklist associated credentials/IPs if a breach of these Terms, the Distribution Agreement, or the Anti-Fraud Policy occurs.
7.3. Survival: Provisions relating to Intellectual Property, Financial Recoupment, Limitation of Liability, Indemnification, and Governing Law shall survive any termination.
8. Disclaimer of Warranties
Statutory Warranty Disclaimer
EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SITE AND SERVICES ARE DELIVERED "AS IS" AND "AS AVAILABLE". DISTROVIBE DISCLAIMS ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of Liability & Statutory Exclusions
To the maximum extent permitted by applicable law, in no event shall DistroVibe, its affiliates, directors, officers, or backend providers be liable for any indirect, consequential, special, punitive, or exemplary damages, including loss of profits, commercial opportunities, goodwill, or corrupted data.
"DISTROVIBE'S TOTAL AGGREGATE LIABILITY ARISING UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICES SHALL BE STRICTLY LIMITED TO THE GREATER OF: (A) THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO DISTROVIBE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) £100 GBP."
UK Statutory Carve-Out (UCTA 1977): Nothing in these Terms shall limit or exclude DistroVibe's liability for: (i) death or personal injury resulting from its negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot lawfully be limited or excluded under the laws of England and Wales.
10. Indemnification
You agree to defend, indemnify, and hold harmless DistroVibe, its parent entities, subsidiaries, officers, directors, employees, and backend partners from and against any third-party claims, liabilities, losses, damages, fines, and legal costs (including reasonable solicitors' fees) arising out of or relating to: (a) your Content; (b) your breach of these Terms or the Distribution Agreement; or (c) your violation of third-party intellectual property or privacy rights.
11. Governing Law & Dispute Resolution (England & Wales)
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.
Each party irrevocably agrees that the courts of England and Wales sitting in London shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or the Services.
11.3. Class Action Waiver: All proceedings to resolve claims must be conducted on an individual basis. You explicitly waive any right to initiate, join, or participate in any class action or representative proceeding against DistroVibe.
11.4. Limitation Period: Any claim arising out of or related to these Terms must be commenced within one (1) year after the cause of action accrued; otherwise, such claim is permanently barred.