1. Introduction
Welcome to AmpiCat! By using our services, you agree to the following terms and conditions, which govern the relationship between you (the artist or rights holder) and AmpiCat, a division of UpMix Music Group.
These terms may be updated at any time. Changes will be communicated through our website or via email. Continued use of the service indicates acceptance of the updated terms.
2. Eligibility
You must be at least 18 years old, or have permission of a legal guardian if you are under 18. By entering this agreement, you confirm you have the rights and authority to upload content provided to AmpiCat.
3. Grant of Rights
You grant AmpiCat a non-exclusive, worldwide license to distribute, sublicense, promote, and publicly display your content (including audio recordings, artwork, and metadata) on digital platforms.
This includes distribution on streaming and download services, including (but not limited to) Spotify, Apple Music, YouTube, and others, for the duration specified in this agreement.
4. Content Requirements
You must own or control all rights to the content you upload, including recordings, compositions, artwork, and related metadata. Content must not violate copyright laws, include unauthorized samples, or contain unlawful, defamatory, or obscene material.
You are responsible for ensuring all necessary licenses or permissions are in place for any third-party content used in your submissions.
5. Royalties and Payments
Royalty model
Initially, you receive 100% of royalties generated from your content distributed via AmpiCat, subject to applicable deductions (e.g., taxes, transaction fees).
AmpiCat may change royalty percentages or payout timing with at least 30 days’ notice via website or email. Continued use after notice constitutes acceptance.
Forfeiture of Royalties: If your account is terminated or subscription fees are unpaid, remaining accrued royalties are retained for up to 90 days. You may request payout during this period. After 90 days, unclaimed royalties are forfeited.
6. Subscription and Fees
By using AmpiCat, you agree to pay applicable subscription fees. Fees (including monthly costs and revenue percentages retained by AmpiCat) may change with at least 30 days’ notice.
Failure to keep subscription fees up to date may result in suspension or termination of your account and content removal from partner platforms. If your account is terminated, remaining royalties are handled as described in Section 5.
7. Account and Data Management
You agree to provide accurate and up-to-date information when creating an account. You are responsible for ensuring your payment information and account details are correct.
7.1 GDPR Compliance and Data Privacy
Data Collection: We collect personal information including name, email address, payment details, and other relevant information when you sign up and use our services. We may also collect non-personal usage statistics to improve our services.
Purpose of Data Processing:
- Provide access to our distribution services.
- Manage your account, subscriptions, and payments.
- Communicate with you about your account, updates, and marketing.
- Comply with legal obligations.
Legal Basis for Processing:
- Contractual necessity: to fulfill this agreement.
- Legitimate interest: operations like fraud prevention, marketing, and service improvements.
- Consent: for communications/marketing outside core service provision.
Data Retention: We retain your data as long as needed to provide the service or comply with legal requirements. If you terminate your account, we may retain data for up to 6 years, after which it will be deleted or anonymized.
User Rights (GDPR):
- Access: request a copy of your data.
- Rectify: correct inaccurate/incomplete data.
- Erase: request deletion (subject to retention obligations).
- Restrict processing: request limits on processing.
- Portability: request export in a structured format.
- Object: object to processing for marketing purposes.
Security: We implement appropriate technical and organizational measures to protect your data. However, no system is 100% secure.
Data Transfers: Data may be transferred outside the EEA with adequate safeguards as required by GDPR.
Data Protection Officer (DPO): Contact: support@ampicat.com (update if you use a different address)
8. Termination
If your subscription lapses or your account is terminated, AmpiCat may cease distribution and remove your content from partner platforms.
Forfeiture of Royalties: Remaining accrued royalties are retained for 90 days for payout requests; after that, unclaimed royalties are forfeited.
9. Liability and Indemnification
You agree to indemnify and hold AmpiCat and its affiliates harmless from claims, damages, or losses arising from breach of these terms or your use of the services, where such damages are within your reasonable control.
AmpiCat will not be liable for indirect, incidental, or consequential damages arising from use of our services, except where such limitation is not permitted by Danish law.
10. Changes to Terms
AmpiCat may modify these terms (including subscription fees and revenue percentages) with at least 30 days’ notice via website or email. Continued use after updates constitutes acceptance.
11. Governing Law
This agreement is governed by the laws of Denmark. Any disputes will be resolved in Danish courts.