Terms of Service

1. Acceptance

By using MusicLy, you agree to these Terms. If you don't agree, don't use the service.

2. Service Description

MusicLy is a platform that connects artists with fans. We use third-party services to operate, including payment processing (Stripe), file storage (Cloudflare), and infrastructure providers. These services are subject to their own terms and we are not responsible for their availability, performance, or failures. See our Privacy Policy for details on how your data is processed.

3. Eligibility

To use MusicLy as an artist, you must:

• Be at least 18 years old or the age of majority in your jurisdiction
• Be legally able to enter binding contracts
• Complete Stripe's identity verification to receive payments

To purchase as a fan, you must have a valid payment method.

4. Account

You're responsible for your account credentials and all activity under your account. Don't share your login. Your username must not impersonate others or contain offensive material. If you suspect unauthorized access, notify us immediately at support@musicly.space.

5. Content & Intellectual Property

Your content, your rights. You retain ownership of everything you upload. By uploading, you grant MusicLy a license to host, display, and deliver your content to buyers. We may also feature your music or artwork when promoting MusicLy (for example, on our homepage or social media). We won't use your content for anything else without asking.

Your warranties. When you upload, you confirm:

• You have the right to sell this music
• It's not AI-generated
• It doesn't impersonate other artists

What's not allowed:

• Music generated wholly or substantially by AI
• Content that infringes others' copyrights
• Impersonation of other artists or their style using AI

This prohibition does not apply to AI-powered tools used solely for audio production purposes such as mixing, mastering, or audio enhancement.

Our position on AI: MusicLy is built for human artists. We don't allow AI-generated music because we don't see how it benefits the artists we serve. If that changes and our community feels differently, we're open to revisiting. Until then, we're betting on real art.

Cover songs. If you upload cover songs, you are responsible for obtaining all necessary licenses from the original rights holders. MusicLy does not handle licensing on your behalf. Uploading a cover without proper rights is a violation of these terms. No cover songs unless you have authorization from the rights holder.

Repeat infringers. Accounts with repeated copyright violations will be terminated.

Protecting your copyright. MusicLy does not register or protect your copyright on your behalf. We recommend you take steps to protect your work (such as copyright registration or deposit) before publishing.

MusicLy IP. MusicLy and its logos, designs, and platform features are the property of Cast Motion Frontier di F.H.A.B. You may not use our trademarks without written permission.

Communication Tools. MusicLy may provide tools to help artists communicate with fans who have opted in to receive updates. Access to these features may be subject to eligibility requirements at MusicLy's discretion. Artists using these tools must comply with applicable laws, including providing clear unsubscribe options. MusicLy may suspend or revoke access to communication tools at any time.

6. Payments & Tax

Payments are processed by Stripe. You connect your own Stripe account and receive payouts directly - MusicLy never holds your funds.

You are the merchant of record for all sales. You are solely responsible for all tax obligations including VAT, income tax, and any other applicable taxes in your jurisdiction. MusicLy does not provide tax advice.

MusicLy charges a commission on each sale: 7% on the Free plan, 5% on Pro. Current rates are listed on our pricing page.

7. Refunds & Digital Content

Digital content purchases are final once delivered. By completing a purchase, buyers consent to immediate delivery and acknowledge they waive the 14-day right of withdrawal under EU consumer law (Directive 2011/83/EU, Art. 16).

If the digital content is defective or does not conform to its description, buyers may be entitled to a remedy under applicable consumer protection laws (D.Lgs 173/2021), including the right to have the content brought into conformity or to receive a proportionate price reduction.

We encourage buyers to download purchased content to their personal devices. Re-download access is provided as a courtesy while files remain hosted on our platform.

For disputes, contact support@musicly.space.

8. Chargebacks

Artists are liable for the full transaction amount plus any fees if a payment is disputed, reversed, or charged back, unless the dispute is caused by MusicLy.

9. Copyright Claims

If you believe your copyright has been infringed, email support@musicly.space with:

• Your name and contact information
• Description of the work you own
• Link to the infringing content on MusicLy
• Statement that you believe the use is unauthorized
• Your signature (electronic is fine)

By submitting a report, you confirm the information is accurate, your claim complies with the laws of your jurisdiction, and you are responsible for any damages caused to MusicLy by fraudulent reports.

We will review the claim, remove content if valid, and notify the artist. Artists may file a counter-notice to dispute.

We reserve the right to reject reports that appear fraudulent or made in bad faith.

Accounts with repeated copyright violations will be terminated.

10. Acceptable Use

You agree not to:

• Upload content you don't have rights to sell
• Upload AI-generated music
• Impersonate other artists
• Use MusicLy for illegal purposes
• Attempt to circumvent our systems or security
• Harass, spam, or abuse other users
• Use bots, scrapers, or automated tools to access the platform
• Manipulate engagement or artificially inflate popularity

Violation may result in account suspension or termination.

11. Termination

You may delete your account at any time.

We may suspend or terminate your account if you violate these Terms, receive repeated copyright claims, or engage in fraudulent activity.

Upon termination, your content will be removed. Buyers who have already downloaded their purchases retain those files. Re-download access is provided as a courtesy while files remain hosted; if an artist's account is closed and files are removed, re-download is no longer available. We may retain transaction records as required for legal and tax purposes.

12. Limitation of Liability

To the maximum extent permitted by law, MusicLy's total liability to you for any claims arising from these Terms or your use of the service is limited to €100 or the total amount you paid to MusicLy in the 12 months preceding the claim, whichever is greater.

We are not liable for indirect, incidental, or consequential damages including lost profits, lost revenue, or loss of data.

We are not responsible for the availability, performance, or failures of third-party services including Stripe, Cloudflare, or our infrastructure providers.

Nothing in these Terms limits liability where prohibited by law.

13. Indemnification

You agree to indemnify and hold harmless MusicLy (Cast Motion Frontier di F.H.A.B) from any claims, damages, losses, and legal fees arising from:

• Your content
• Your violation of these Terms
• Your violation of any third-party rights
• Fraudulent copyright claims you submit

14. Governing Law

These Terms are governed by the laws of Italy. Any disputes will be resolved in the courts of Prato.

15. Changes to Terms

We may update these Terms from time to time. We'll notify you of material changes at least 14 days before they take effect, via email or through the platform. Continued use after changes take effect means you accept the new Terms.

16. Severability

If any provision of these Terms is found unenforceable, the remaining provisions remain in full effect.

17. Assignment

MusicLy may assign or transfer these Terms without your consent. You may not assign your rights or obligations without our written permission.

18. No Waiver

Our failure to enforce any right or provision does not waive our right to enforce it later.

19. Force Majeure

MusicLy is not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, war, terrorism, strikes, infrastructure failures, or government actions.

20. No Agency

These Terms do not create any agency, partnership, employment, or joint venture relationship between you and MusicLy.

21. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and MusicLy and supersede any prior agreements or communications.

22. Third-Party Links

MusicLy may contain links to external websites. We are not responsible for their content, practices, or availability.

23. Contact

Questions about these Terms? Contact us at support@musicly.space

MusicLy is operated by Cast Motion Frontier di F.H.A.B, P.IVA 02571270970.