Welcome to Phonovia (“Phonovia”, “we”, “us”, or “our”).
These Terms of Use (“Terms”) govern your access to and use of the Phonovia website, platform, and all related services (collectively, the “Services”).
The Services include, but are not limited to:
• creation and management of user accounts
• uploading and management of audio content and releases
• delivery of content to third-party digital service providers (“DSPs”)
• royalty reporting and payouts
• publishing and related platform tools
By creating an account, uploading content, or otherwise accessing or using the Services, you confirm that you have read, understood, and agree to be legally bound by these Terms.
Phonovia operates as a technical platform that enables users to distribute their content to third-party platforms. Phonovia is not a record label, manager, collecting society, or rights owner of user content.
These Terms include and incorporate the following policies:
• Privacy Policy
• Copyright & Content Policy
• Anti-Fraud Policy
By using the Services, you confirm that you have read and accepted these policies.
All policies are available on the website and form part of this agreement.
If you do not agree to these Terms or the incorporated policies, you may not use the Services.
We may update or modify these Terms or any incorporated policies at any time.
The updated version will be published on the website with a revised effective date.
Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.
We may modify, suspend, restrict, or discontinue any part of the Services at any time without prior notice, including platform features, tools, or supported distribution partners.
Phonovia distributes content to independent third-party digital service providers (“DSPs”), such as streaming platforms and online stores. These platforms operate under their own terms and policies.
Phonovia does not control and is not responsible for:
• acceptance or rejection of releases
• availability of content on DSPs
• ranking, promotion, or visibility
• streaming performance or revenue generation
• removals, blocks, or actions taken by DSPs
Use of the Services does not guarantee distribution, availability, or earnings.
The Services are available only to individuals who are at least eighteen (18) years old at the time of registration.
By creating an account, you represent and warrant that you are legally capable of entering into binding contracts under applicable law.
Accounts registered by minors or on behalf of minors are not permitted. Phonovia reserves the right to suspend or terminate any account found to be in violation of this requirement.
You retain full ownership of all rights, titles, and interests in and to the content you upload to the platform (“User Content”), including sound recordings, compositions, artwork, metadata, and related materials.
Phonovia does not claim ownership of your User Content.
However, by uploading content, you grant Phonovia the necessary rights to host, process, transmit, distribute, and otherwise operate the Services as described in these Terms.
Subject to compliance with these Terms, Phonovia grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for the purpose of managing and distributing your content.
You may not:
• copy, resell, sublicense, or commercially exploit the platform itself
• attempt to access restricted system areas
• interfere with platform infrastructure or security
• use automated scripts, bots, or scraping tools
You agree not to use the Services for any unlawful, abusive, or fraudulent activity.
This includes, but is not limited to:
• copyright infringement
• impersonation or false identity
• spam or unsolicited marketing
• malware, harmful code, or system attacks
• uploading content you do not own or control
You further agree not to engage in artificial manipulation of streaming activity, including:
• purchasing streams or playlist placements
• using bots, click farms, or automated listening systems
• coordinated streaming manipulation
• deceptive or misleading promotion
Phonovia may remove content, block releases, withhold royalties, or terminate accounts suspected of such activities.
To prevent fraud, copyright infringement, and unauthorized distribution, Phonovia may request identity verification and ownership documentation at any time.
You agree to provide accurate and complete information when requested. This may include identification documents, ownership confirmation, or other verification materials.
Failure or refusal to provide requested verification may result in:
• withholding of royalties
• suspension of releases
• removal of content
• termination of the account
To access certain features of the Services, you must create a user account.
During registration, you are required to provide accurate and complete information, including your name, email address, and login credentials (“Account Information”).
You agree that all information provided is truthful and belongs to you.
Phonovia reserves the right to approve, reject, or request verification for any account registration at its sole discretion.
You may optionally connect third-party platforms to your account; however, your Phonovia account remains primarily identified and authenticated through your registered email address.
You are solely responsible for maintaining the confidentiality and security of your login credentials.
Any activity occurring under your account will be considered authorized by you.
Phonovia is not liable for losses resulting from unauthorized access caused by your failure to protect your account credentials.
The individual or entity controlling the registered email address of the account shall be considered the legitimate account holder.
You represent and warrant that all Account Information is accurate, current, and complete.
You agree to promptly update your information if it changes.
Providing false or misleading information may result in account suspension, termination, or withholding of payouts.
You are responsible for maintaining access to the email address associated with your account.
Phonovia may rely on email ownership as proof of account ownership.
If you lose access to your registered email address, Phonovia may not be able to restore account access.
Phonovia reserves the right at any time to:
• suspend or restrict access to an account
• freeze releases
• withhold royalties or payouts
• request identity verification
This may occur if Phonovia reasonably suspects fraud, copyright disputes, unauthorized activity, or violations of these Terms.
Accounts that remain inactive for an extended period may be deactivated for security and maintenance purposes.
Deactivated accounts may be restored upon request, subject to identity verification.
User Content and financial records may be retained in accordance with legal and accounting obligations.
By registering an account, you agree to receive essential service-related communications, including security notifications, release status updates, and payout information.
These communications are considered part of the Service and cannot be opted out of.
Marketing or newsletter emails remain optional.
You are solely responsible for all content uploaded, submitted, or distributed through your Phonovia account (“User Content”), including but not limited to music recordings, compositions, lyrics, artwork, images, artist names, metadata, and any related materials.
Phonovia does not verify ownership of User Content and acts solely as a technical distribution service provider.
You agree to keep backups of your content. Phonovia is not responsible for any loss, corruption, or removal of User Content.
Phonovia reserves the right, at its sole discretion and without prior notice, to refuse, remove, block, or restrict any User Content or release at any time.
By uploading User Content, you grant Phonovia a non-exclusive, worldwide, royalty-free license to:
• host and store the content
• reproduce and convert formats
• distribute to digital service providers (DSPs)
• transmit, stream, publicly perform, and display
• promote and market the release
• provide metadata to stores and partners
This license exists solely for the purpose of operating the distribution service.
Ownership of the User Content remains with you.
You authorize Phonovia to deliver your content, metadata, and artist information to third-party platforms, including but not limited to streaming services, download stores, and social media platforms.
Phonovia does not control how DSPs use, display, rank, promote, or remove your releases.
Phonovia is not responsible for actions, policies, or errors of any DSP.
You represent and warrant that:
• you own or control all rights to the recordings and compositions
• you have permission from all collaborators, producers, and performers
• all samples, beats, and instrumentals are properly licensed
• the content does not infringe any copyright, trademark, publicity, or personality rights
Use of unlicensed beats, samples, or third-party material is strictly prohibited.
Phonovia may request proof of ownership at any time.
You may not:
• purchase streams
• use bots or automated plays
• manipulate playlists
• engage third-party promotion services that guarantee streams
• artificially inflate plays, followers, or engagement
If Phonovia or any DSP reasonably suspects artificial streaming activity, Phonovia may:
• remove releases
• freeze or withhold royalties
• deduct penalties or chargebacks
• terminate the account
All DSP penalties, fees, or losses caused by your activity may be charged to your account.
You may not upload content that imitates or replicates another real artist, voice, or identity without authorization.
This includes AI-generated vocals, cloned voices, or misleading artist attribution.
Phonovia may remove such content immediately.
Phonovia may remove or disable access to any release at any time, without prior notice, if:
• a copyright claim is received
• a dispute arises
• a DSP requests removal
• fraud is suspected
Phonovia is not liable for any losses, missed revenue, or damages resulting from such removal.
Phonovia may withhold, freeze, or reverse royalties if necessary to:
• investigate claims
• comply with DSP policies
• respond to legal requests
• recover chargebacks or penalties
You agree that withheld funds may be retained until disputes are resolved.
Phonovia respects the intellectual property rights of others and requires users to do the same. Uploading or distributing content that infringes copyrights, neighboring rights, trademark rights, or personality rights is strictly prohibited.
If Phonovia receives a copyright complaint, legal notice, platform request (e.g., from Spotify, Apple Music, YouTube, TikTok, or any Digital Service Provider), or otherwise reasonably suspects infringement, Phonovia may immediately:
• remove the content
• disable access to the release
• block the artist profile
• freeze royalties
• terminate the account
This may be done without prior notice to the user.
Phonovia is not liable for any loss of revenue, streams, placements, statistics, or damages resulting from the removal of content.
Repeat infringement may result in permanent account termination.
If you believe your copyright or intellectual property rights have been infringed by content distributed via Phonovia, please send a written notice to:
Your notice should include:
• your full legal name and contact information
• identification of the copyrighted work
• a link or sufficient information to locate the infringing content
• proof of ownership or authority to act on behalf of the rights holder
• a statement that the claim is made in good faith
Phonovia may request additional documentation to verify the claim.
If your content has been removed and you believe this occurred in error, you may submit a counter-notification to:
Your counter-notification must include:
• your legal name and contact details
• identification of the removed content
• proof of ownership or license
• a statement that you have the legal right to distribute the content
Phonovia reserves the right to forward your information to the claimant.
Phonovia may refuse reinstatement if ownership cannot be clearly verified.
You are solely responsible for all content you upload.
If a claim, dispute, or legal complaint arises due to your content, you agree to indemnify and hold Phonovia harmless from any losses, damages, penalties, legal costs, or platform charges arising from such claim.
Phonovia may deduct any such costs from your royalties or account balance.
You agree to indemnify, defend, and hold harmless Phonovia, its owners, operators, employees, contractors, partners, affiliates, licensors, and service providers (collectively, the “Protected Parties”) from and against any and all claims, damages, losses, liabilities, penalties, platform charges, takedown fees, legal costs, settlements, and expenses (including reasonable attorney’s fees) arising out of or related to:
• your use of the platform or services
• your uploaded content or releases
• copyright, trademark, or intellectual property claims
• uncleared samples, beats, or collaborations
• disputes between artists, producers, labels, or rights holders
• fraudulent streaming activity
• violation of any laws or these Terms
You are solely responsible for ensuring you have all necessary rights, licenses, permissions, and clearances for all distributed content.
If Phonovia receives any claim, charge, penalty, or legal demand related to your content or activity, Phonovia may:
• withhold royalties
• freeze your account balance
• deduct amounts owed from your payouts
• charge your payment method
• permanently retain royalties connected to the disputed content
You agree that Phonovia may recover all damages, penalties, and legal expenses from your account or future earnings.
Phonovia is not responsible for losses, damages, or legal consequences resulting from your content or your failure to obtain rights or permissions.
Your sole remedy in case of dissatisfaction with the service is to stop using the platform and terminate your account.
Phonovia provides digital distribution and related services on an “AS IS” and “AS AVAILABLE” basis.
Phonovia does not guarantee uninterrupted availability of the platform or services and does not warrant that the service will be error-free, secure, or always accessible.
Phonovia does not guarantee:
• acceptance of releases by any Digital Service Provider (DSP)
• placement on Spotify, Apple Music, TikTok or any platform
• playlist inclusion or editorial support
• streams, followers, sales, or revenue
• marketing success or career growth
• Content ID monetization
• release dates requested by you
• processing times of third-party platforms
All distribution platforms operate independently and may accept, reject, remove, or limit any release at their sole discretion.
You acknowledge that Phonovia only delivers content to third-party platforms.
Phonovia has no control over:
• DSP policies or algorithm decisions
• fraud detection systems
• royalty calculations
• content takedowns
• account suspensions on DSPs
Phonovia is not responsible for any actions taken by Spotify, Apple Music, YouTube, TikTok, Meta, or any other platform.
Phonovia is not liable for:
• frozen royalties
• withheld earnings
• content removal
• platform strikes or bans
resulting from artificial streams, bot activity, playlist manipulation, or suspicious listening behavior — even if caused by third-party promotion services hired by you.
The platform may be temporarily unavailable due to maintenance, updates, technical issues, or provider outages.
Phonovia is not responsible for any loss of revenue, missed release date, or business loss caused by downtime.
To the fullest extent permitted by law, Phonovia and its partners shall not be liable for:
• lost profits
• lost opportunities
• lost streams or royalties
• indirect or consequential damages
In all cases, the total liability of Phonovia shall never exceed the total amount you paid to Phonovia within the last three (3) months prior to the claim.
Your sole remedy for dissatisfaction with the service is to discontinue use of the platform.
Certain features of the platform require payment of service fees (“Service Fees”).
Service Fees may include subscription fees, release fees, add-on services, administrative fees, takedown fees, resubmission fees, or other charges displayed on the website or within your dashboard.
All Service Fees are due in advance and are non-refundable except where explicitly stated in these Terms.
Phonovia may change pricing at any time. Changes will not affect already paid active billing periods.
You authorize Phonovia to charge your selected payment method for all applicable Service Fees.
Failure to maintain a valid payment method may result in suspension of your releases, account, or services.
Chargebacks, payment disputes, or unauthorized payment reversals are considered a material breach of these Terms.
If a chargeback occurs, Phonovia may:
• suspend your account
• remove your releases
• withhold royalties
• permanently terminate your account
You agree to reimburse Phonovia for any fees, penalties, or administrative costs resulting from a chargeback.
Royalties are amounts received by Phonovia from Digital Service Providers (DSPs) in connection with your releases.
You acknowledge and agree:
• DSPs report earnings with delays
• reports may be adjusted or corrected later
• royalties are estimates until finalized by the DSP
Phonovia will credit royalties to your account only after funds are actually received and verified.
Phonovia is not responsible for underpayments, reporting errors, delays, or withholding of royalties by DSPs.
Phonovia may hold royalties for review for up to 90 days after receipt in order to:
• verify authenticity of streams
• investigate fraud
• process disputes
• comply with platform audits
This holding period is standard industry practice and does not constitute late payment.
If Phonovia, a DSP, or a rights holder reasonably suspects artificial streaming, manipulation, or fraudulent activity (including via third-party promotion services), Phonovia may:
• freeze royalties
• withhold payments
• deduct penalties or platform fines
• remove releases
• terminate the account
Any royalties connected to fraudulent activity may be permanently forfeited.
You remain responsible even if the activity was caused by a third-party marketing or promotion service hired by you.
Royalties may be withdrawn once your account balance reaches a minimum payout threshold displayed in your dashboard.
Phonovia may request identity verification (KYC) before processing payouts.
You are responsible for ensuring your payment information is correct.
Phonovia is not responsible for payments sent to incorrect accounts provided by you.
Transaction fees, bank fees, or payment provider fees may apply and will be deducted from payouts.
You are solely responsible for reporting and paying any taxes, VAT, or duties applicable to your earnings in your country of residence.
Phonovia does not provide tax advice and does not withhold taxes unless legally required.
All Service Fees are non-refundable.
Refunds are only issued if:
• a technical malfunction prevented the service from being delivered, and
• the issue was reported to support while the service was active.
Lack of streams, playlist placements, audience growth, or commercial success does not qualify for a refund.
Cancellation of a subscription does not entitle you to a refund for the remaining billing period.
If your account balance remains below the payout threshold for 12 consecutive months after account inactivity, Phonovia may close the account and retain the remaining balance as an administrative processing fee.
While using the Services, you may gain access to confidential or non-public information relating to Phonovia, its partners, or other users.
This includes, but is not limited to:
• internal platform features and dashboard systems
• royalty reports and analytics
• DSP communications
• payout processing methods
• anti-fraud systems and review procedures
• business operations, pricing structures, and technical infrastructure
Such information (“Confidential Information”) may not be copied, shared, published, distributed, or disclosed to any third party without prior written consent from Phonovia.
You agree not to publish, share, or disclose:
• your internal royalty statements in a misleading or manipulated manner
• royalty or account data belonging to another user
• internal support communications
• moderation or fraud review decisions
This includes posting screenshots on social media, forums, Discord servers, or any public platform in a way that harms Phonovia, other users, or partners.
You are responsible for maintaining the confidentiality of your login credentials.
You may not:
• share your account access
• sell or transfer your account
• allow multiple persons to operate a single account without authorization
You are fully responsible for all activity occurring under your account.
You must immediately notify Phonovia if you suspect:
• unauthorized account access
• stolen login credentials
• payout manipulation
• fraudulent use of your releases
Failure to report a security issue may result in suspension of payouts.
These confidentiality and security obligations remain in effect even after termination of your account or services.
Phonovia reserves the right to suspend or terminate accounts that violate this section and may pursue legal remedies where necessary.
Phonovia may provide users with statistics, analytics, and reporting information relating to their releases, including streams, downloads, audience information, and revenue estimates (“Reporting Data”).
All Reporting Data is supplied to Phonovia by third-party digital service providers (“DSPs”) such as streaming stores and online platforms. Phonovia does not generate this data and does not independently verify its accuracy.
Reporting Data is provided for informational and transparency purposes only.
Analytics displayed in the dashboard, including stream counts, estimated earnings, audience metrics, or trends:
• may be delayed
• may change over time
• may be corrected by DSPs
• does not constitute a financial statement
Displayed analytics do not represent finalized royalty payments.
Royalty payouts are determined solely based on the final accounting statements received from DSPs.
Phonovia is not responsible for:
• missing streams
• adjusted streams
• removed streams
• demonetized content
• delayed reports
• DSP penalties or policy actions
Any modification made by a DSP is binding and automatically applies to your account.
Phonovia shall not be liable for any loss of revenue, perceived loss of revenue, or damages arising from inaccuracies, delays, adjustments, or corrections in DSP reporting.
Users acknowledge that Phonovia acts solely as an intermediary distributor and payment processor for reported royalties.
You may only use Reporting Data for your personal business purposes in connection with your releases.
You may not:
• resell the data
• provide access to third-party analytics services
• scrape or automate extraction of dashboard data
• use the data to manipulate charts, stores, or DSP systems
You may terminate your account at any time through your dashboard or by contacting support.
Termination of your account does not automatically remove your content from digital stores. A separate release takedown request may be required.
All outstanding fees must be paid prior to termination.
Phonovia may suspend or terminate your account, access to services, or distribution of content at any time, with or without prior notice, if:
• you violate these Terms
• we suspect fraudulent activity
• a DSP flags your content
• required verification (KYC) is not completed
• payment obligations are not met
• legal or copyright claims are received
We may also terminate services to comply with DSP policies, legal obligations, or risk management requirements.
Upon termination, Phonovia may request removal of your releases from DSPs.
You acknowledge and agree that:
• removal is processed by third-party stores
• takedown times vary
• Phonovia does not control store processing speed
Content may remain available on stores for a period of time after termination.
Phonovia is not liable for delays in removal.
Even after termination of your account:
• DSPs may continue reporting earnings
• payments may arrive months later
• adjustments or chargebacks may occur
Phonovia will continue processing royalty accounting for prior activity.
We may withhold payouts where fraud, disputes, copyright claims, or DSP penalties exist.
We may retain necessary account, financial, and transaction records after termination for legal, tax, accounting, and dispute resolution purposes.
Any provisions relating to payments, liability, intellectual property rights, indemnification, fraud prevention, and dispute resolution shall survive termination of these Terms.
These Terms shall be governed by and interpreted in accordance with the laws of the Republic of Austria.
If you are a consumer within the meaning of applicable consumer protection laws, mandatory legal provisions of your country of residence remain unaffected.
For disputes arising out of or in connection with these Terms or the use of the Phonovia services:
• If you are a business user, the exclusive place of jurisdiction shall be the competent court in Vienna, Austria.
• If you are a consumer, jurisdiction shall be determined according to applicable consumer protection laws.
Before initiating legal proceedings, you agree to first contact Phonovia support and attempt to resolve the dispute amicably.
Consumers in the European Union may also use the EU Online Dispute Resolution platform:
https://consumer-redress.ec.europa.eu/
Phonovia is not obligated to participate in alternative dispute resolution proceedings before a consumer arbitration board unless required by law.
All legal notices must be submitted in text form (email is sufficient).
Notices to Phonovia must be sent to:
hello@phonovia.com
or to the postal address listed in the Imprint.
Notices to you will be sent to the email address associated with your account and are considered received once transmitted, unless delivery fails.
These Terms, together with the Privacy Policy, the Copyright & Content Policy, and the Anti-Fraud Policy, constitute the entire agreement between you and Phonovia regarding the use of the website, platform, and services.
By creating an account or using the services, you confirm that you have read, understood, and accepted all referenced policies.
The additional policies are incorporated into these Terms by reference and are legally binding.
You may not assign or transfer your account or any rights or obligations under these Terms without prior written consent from Phonovia.
Phonovia may assign or transfer its rights and obligations to an affiliated company, successor, or in connection with a merger, acquisition, or sale of assets, provided this does not materially reduce your contractual rights.
Failure by Phonovia to enforce any provision of these Terms shall not be considered a waiver of our right to enforce such provision at a later time.
If any provision of these Terms is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.
The invalid provision shall be replaced by a legally permissible provision that most closely reflects the economic purpose of the original clause.
Nothing in these Terms creates a partnership, employment, agency, or joint venture relationship between you and Phonovia.
You act as an independent user of the platform.
You agree that electronic communication and electronic acceptance (including clicking an “I Agree” or similar button) constitutes a legally binding agreement equivalent to a handwritten signature.
