In addition to the general Terms of Service (“TOS”), the following Distribution Terms (“DTOS”) apply to your use of the Phonovia digital music distribution service (“Distribution Service”). Capitalized terms used but not defined in these DTOS shall have the meanings assigned in the TOS. If you do not agree to these DTOS, you may not use the Distribution Service.
The Distribution Service enables users to submit sound recordings and related materials to Phonovia for digital distribution to third-party digital service providers, including streaming platforms, download stores, and other online media services (“DSPs”).
Phonovia operates as an independent digital music distributor. Phonovia facilitates the delivery of user content to DSPs through authorized distribution partners and administers reporting and royalty accounting associated with such distribution.
Phonovia does not act as a record label, manager, publisher, collecting society, or financial institution. The user remains the owner and controller of their content, and Phonovia acts solely as the distributor and service provider for delivery and royalty administration.
Use of the Distribution Service requires a registered Phonovia account. Additional service information may be provided through the Phonovia website or user dashboard.
For the purposes of these DTOS, the following terms have the meanings set forth below:
“Album Release(s)” means a Release consisting of multiple Recordings delivered together as a single album or extended play (EP) package, not exceeding one hundred (100) tracks.
“Digital Distribution” or “Digitally Distribute” means the transmission, delivery, and making available of Recordings to third-party digital platforms for streaming, download, public performance, or other digital consumption by end users, whether directly by Phonovia or through authorized distribution partners.
“Recording(s)” means sound recordings, audiovisual recordings, and any underlying musical compositions submitted by the user, together with all related materials including metadata, artwork, images, lyrics, credits, copyright information, and other associated content.
“Release(s)” means any distribution package submitted by the user, including a Single Release or an Album Release.
“Digital Service Provider” or “DSP(s)” means third-party online platforms, services, or stores that make Recordings available to end users, including streaming services, social media platforms, content identification systems, download stores, and similar services. DSPs operate independently and may accept, reject, remove, restrict, or monetize content in their sole discretion.
“Single Release(s)” means a Release consisting of one individual Recording.
“Authorized Distribution Partner(s)” means third-party aggregation or distribution providers engaged by Phonovia to facilitate delivery of Recordings to DSPs and to transmit reporting and revenue information back to Phonovia.
“Royalties” means revenue actually received by Phonovia from DSPs or Authorized Distribution Partners in connection with the exploitation of a user’s Recordings, after deductions, adjustments, reversals, chargebacks, taxes, or penalties applied by DSPs or partners.
All Recordings and related materials must be submitted through the Phonovia dashboard in accordance with the TOS. All submitted materials constitute “User Content” under the TOS.
You represent and warrant that you own or control all rights necessary to upload, distribute, and monetize the Recordings and associated materials. This includes, without limitation, sound recording rights, musical composition rights, artwork rights, performer permissions, producer rights, and publicity rights.
If you do not exclusively own any part of the User Content, you must obtain all necessary licenses, permissions, clearances, and written authorizations prior to submission. You are solely responsible for securing and maintaining such rights.
You are solely responsible for all payments and obligations to third parties arising from your Recordings, including but not limited to artists, collaborators, producers, composers, publishers, copyright owners, collecting societies, or any other contributors. Phonovia does not assume responsibility for royalty payments, licensing fees, or rights clearances owed by you to any third party.
Phonovia does not verify ownership and relies entirely on your representations. Upon request, you must promptly provide documentation confirming your rights to distribute the content.
Phonovia may refuse, suspend, block, or remove any Release at any time where there is a reasonable belief of copyright infringement, ownership dispute, unauthorized use, policy violation, or legal risk. Phonovia may also comply with takedown requests received from DSPs, rights holders, or authorized partners without prior notice to you.
You agree to indemnify and hold harmless Phonovia from any claims, damages, penalties, platform charges, losses, or legal costs arising from your User Content or your failure to obtain necessary rights or permissions.
By submitting Recordings to the Distribution Service, you grant Phonovia a limited, non-exclusive, worldwide, royalty-free license solely for the purpose of operating the Distribution Service.
This authorization permits Phonovia, and its Authorized Distribution Partners and DSPs, to:
(a) host, store, copy, encode, convert, and format the Recordings and related materials as necessary for digital distribution;
(b) transmit, deliver, and make the Recordings available to DSPs for streaming, download, content identification, and other digital uses;
(c) provide metadata, artist information, artwork, lyrics, and related materials to DSPs in connection with the Release;
(d) publicly display artwork, artist names, and release information for identification, cataloging, and promotional placement within DSP systems;
(e) receive, process, account for, and allocate Royalties generated from the distribution of the Recordings;
(f) authorize DSPs and distribution partners to exercise the above rights solely to the extent required to operate their platforms and services.
This license is limited to distribution and royalty administration purposes only. Phonovia does not obtain ownership of the Recordings or underlying compositions and does not acquire publishing, master ownership, or commercial exploitation rights.
You retain all intellectual property rights in your content. You may distribute your Recordings through other services unless restricted by your own third-party agreements.
This authorization remains in effect for as long as the Release is active within the Distribution Service and for a reasonable processing period after a takedown request to allow DSPs to remove the content.
5.1 Submission and Delivery
Upon your request, Phonovia will attempt to deliver submitted Recordings to DSPs through Authorized Distribution Partners. Phonovia does not guarantee that any DSP will accept, publish, make available, or continue to host any Release. Acceptance, placement, availability, and monetization are determined solely by the respective DSP.
5.2 Review and Compliance
Phonovia may review Releases prior to delivery and may delay, refuse, suspend, or cancel distribution where reasonably necessary for technical, legal, policy, or risk-management reasons. This includes, without limitation, incomplete metadata, technical incompatibility, suspected copyright infringement, ownership disputes, artificial streaming concerns, policy violations, or requests from DSPs or distribution partners.
5.3 Ongoing Monitoring
After distribution, Phonovia may monitor activity associated with Releases. If a DSP, Authorized Distribution Partner, or Phonovia identifies suspicious activity, potential fraud, artificial streaming, manipulation of metrics, or other policy violations, Phonovia may temporarily disable reporting visibility, suspend distribution, block withdrawals, or request removal of the Release.
5.4 Identification Codes
Phonovia may assign or manage identification codes such as ISRC and UPC for technical distribution purposes. Such codes are associated with the submitted Release and may not be transferred, reused, or resold independently of the Phonovia service. Previously assigned codes provided by you may be used where technically possible.
5.5 Third-Party Policies
DSPs and Authorized Distribution Partners operate under their own independent rules, policies, and procedures. You agree to comply with all applicable DSP and partner policies, including anti-fraud and copyright enforcement rules. Phonovia is not responsible for decisions, actions, removals, demonetization, or penalties imposed by any DSP or partner.
5.6 No Obligation to Distribute
Phonovia reserves the right to refuse or discontinue distribution of any Release at any time where reasonably necessary to protect the platform, comply with partner requirements, address legal or compliance risks, or prevent potential financial liability.
6.1 Service Fees
Access to the Distribution Service may require payment of applicable service fees (“Service Fees”). Service Fees relate to the technical processing, administration, and maintenance of the Phonovia platform and are not dependent on acceptance by any DSP, availability of a Release, streaming performance, or revenue generation.
6.2 Non-Refundable Fees
All Service Fees are due in advance and are non-refundable once processing of a Release has begun. The refusal, delay, suspension, removal, or demonetization of a Release by Phonovia, a DSP, or an Authorized Distribution Partner does not entitle you to a refund.
6.3 Pricing Changes
Current pricing is displayed on the Phonovia website or in the user dashboard. Phonovia may update pricing from time to time. Updated pricing applies to future submissions or billing periods.
6.4 Taxes and Charges
You are responsible for any taxes, duties, bank charges, currency conversion costs, payment provider fees, or other charges associated with your use of the Distribution Service or receipt of Royalties.
6.5 Chargebacks and Payment Disputes
Initiating a chargeback, payment reversal, or unauthorized payment dispute constitutes a material breach of these DTOS. Phonovia may suspend your account, remove Releases, withhold Royalties, or terminate the Distribution Service until the matter is resolved. You agree to reimburse Phonovia for any costs, penalties, or administrative expenses arising from such payment disputes.
7.1 Receipt of Royalties
Royalties are amounts actually received by Phonovia from DSPs or Authorized Distribution Partners in connection with the distribution of your Recordings. Royalties are credited to your account only after funds have been received, reconciled, and verified by Phonovia. Phonovia has no obligation to advance payments or pay amounts not actually received.
7.2 Deductions and Adjustments
Royalties may be subject to deductions, adjustments, reversals, currency conversions, taxes, administrative fees, partner fees, or platform penalties applied by DSPs or distribution partners. Such adjustments will apply to your account and reduce amounts payable to you.
7.3 Fraud, Artificial Streaming, and Violations
If Phonovia reasonably suspects artificial streaming, manipulation of metrics, copyright infringement, policy violations, or any activity that may expose Phonovia to financial liability, Phonovia may:
(a) withhold or freeze Royalties;
(b) suspend withdrawals;
(c) offset current or future Royalties against losses, penalties, or chargebacks;
(d) permanently forfeit Royalties associated with the affected Release where required by DSP or partner action;
(e) remove or disable distribution of the Release.
You acknowledge that DSPs may impose financial penalties, clawbacks, or repayment obligations related to fraudulent or suspicious activity. You agree that Phonovia may recover such amounts from your Royalties and, where necessary, from future earnings.
7.4 Reporting Data
Sales and usage data displayed in the dashboard is provided by DSPs or distribution partners. Such data may be delayed, estimated, corrected, or withdrawn. Phonovia does not guarantee the accuracy, completeness, or timing of third-party reports and is not liable for discrepancies in reporting.
7.5 Promotional and Non-Monetized Uses
DSPs may make Recordings available in promotional programs, free tiers, trials, bundled services, ad-supported services, or other uses that generate little or no revenue. Royalties are payable only on amounts actually received by Phonovia.
7.6 No Artificial Activity
You agree not to directly or indirectly use bots, automated scripts, click farms, paid stream services, or deceptive promotional practices intended to inflate streams, followers, downloads, or engagement. You remain responsible for third-party promotion services you engage. Activity identified as artificial may result in forfeiture of Royalties and account action as described above.
8.1 Termination by User
You may stop using the Distribution Service at any time by removing Releases from your dashboard or closing your account in accordance with the TOS. Phonovia will request removal of distributed content from DSPs, however removal timing depends entirely on the processing procedures of the respective DSPs and distribution partners.
Service Fees already paid are non-refundable once processing has begun.
8.2 Termination by Phonovia
Phonovia may suspend or terminate access to the Distribution Service at any time where reasonably necessary, including for fraud risk, policy violations, copyright claims, payment disputes, legal obligations, or partner requirements. Phonovia may immediately disable distribution, block withdrawals, or remove Releases without prior notice where risk or liability is suspected.
8.3 Post-Termination Accounting
Termination of the Distribution Service does not end the accounting relationship between you and Phonovia. DSPs and distribution partners may continue reporting revenue, adjustments, reversals, or penalties months after distribution activity.
Phonovia may continue to hold, process, offset, or deduct Royalties after termination in order to account for partner reports, chargebacks, penalties, legal claims, or fraud investigations.
8.4 Outstanding Obligations
You remain responsible for any losses, penalties, chargebacks, fees, or liabilities arising from your Releases, including amounts reported after termination. Phonovia may offset such amounts against any current or future Royalties associated with your account.
8.5 Survival
All provisions relating to royalties, fraud prevention, liability, indemnification, and payment obligations survive termination of these DTOS.
YOU UNDERSTAND AND AGREE THAT PHONOVIA PROVIDES A DIGITAL DISTRIBUTION AND ROYALTY ADMINISTRATION SERVICE ONLY. PHONOVIA DOES NOT CONTROL, OPERATE, OR MANAGE ANY DSP AND DOES NOT GUARANTEE THAT ANY RELEASE WILL BE ACCEPTED, MADE AVAILABLE, FEATURED, OR REMAIN AVAILABLE ON ANY PLATFORM.
PHONOVIA MAKES NO GUARANTEES REGARDING STREAMING RESULTS, PLACEMENT, PLAYLIST INCLUSION, DISCOVERY, AUDIENCE REACH, OR REVENUE. ALL DECISIONS RELATING TO DISPLAY, RANKING, MONETIZATION, DEMONETIZATION, OR REMOVAL OF CONTENT ARE MADE SOLELY BY THE RESPECTIVE DSP OR DISTRIBUTION PARTNER.
PHONOVIA SHALL NOT BE LIABLE FOR ANY LOSS OF REVENUE, LOST PROFITS, MISSED OPPORTUNITIES, REMOVALS, ACCOUNT ACTIONS, CONTENT CLAIMS, PLATFORM PENALTIES, OR DELAYS IN REPORTING OR PAYMENT ARISING FROM DSP POLICIES, AUTOMATED SYSTEMS, FRAUD DETECTION MECHANISMS, OR THIRD-PARTY ACTIONS.
PHONOVIA IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, OR TIMING OF ANY DATA, REPORTS, OR INFORMATION PROVIDED BY DSPs, DISTRIBUTION PARTNERS, OR USERS.
