By creating an account, uploading content, or otherwise using AudioKey's distribution, publishing administration, sync licensing, physical manufacturing, or monetization services (together, the "Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, do not use the Service. If you are agreeing on behalf of a label, band, or other entity, you represent that you have authority to bind that entity.
AudioKey offers five independently opt-in services: (a) digital distribution of audio releases to third-party digital service providers ("DSPs"); (b) publishing administration, meaning registration and collection of mechanical and performance royalties on your behalf; (c) sync licensing, meaning pitching your catalog for placement in film, television, games, and advertising; (d) physical manufacturing and distribution of CDs, vinyl, and related formats; and (e) monetization, meaning claiming and monetizing third-party use of your recordings on platforms such as YouTube, TikTok, and Instagram. You may use any combination of these services.
You retain full ownership of your sound recordings, compositions, artwork, and related intellectual property ("Content"). You are not selling or transferring ownership of your Content to AudioKey. By uploading Content, you grant AudioKey a non-exclusive, worldwide, royalty-free license to reproduce, format, deliver, distribute, and, where you've opted into publishing administration or sync licensing, license and pitch your Content, solely for the purpose of providing the Service, for as long as the applicable service remains active on your account.
You represent and warrant that you own or control all necessary rights to the Content you upload, including any samples, features, or collaborator contributions, and that your Content does not infringe any third party's rights.
You are responsible for the accuracy of the metadata and payee information you submit, including songwriter, publisher, and collaborator splits. AudioKey performs a review of submitted metadata, but this review is not a guarantee against errors, and we are not responsible for royalties misdirected due to inaccurate information you provided.
If you opt into publishing administration, you appoint AudioKey as a non-exclusive administrator to register your compositions with applicable collection societies and to collect mechanical and performance royalties on your behalf in the territories AudioKey operates in. AudioKey does not acquire any ownership interest in your compositions. AudioKey's commission on publishing administration is described on our Pricing page and applies only to royalties actually collected.
Opting into sync licensing is non-exclusive: you may continue to pursue and accept sync opportunities independently of AudioKey. AudioKey's commission applies only to placements secured directly through AudioKey's pitching efforts, as described on our Pricing page. AudioKey does not guarantee any particular number or value of placements.
Physical manufacturing orders are custom quoted based on format and quantity and are generally non-refundable once a production run has started. AudioKey may warehouse and ship physical inventory on your behalf; storage and fulfillment terms, including any applicable storage fees for inventory held longer than [insert period], will be disclosed at the time of order. Retail placement through AudioKey's indie retail network does not guarantee sale-through or reorder by any particular retailer.
Monetization services, including YouTube Content ID claiming, require that you grant AudioKey exclusive administrative rights to claim the applicable recording during the period monetization is active. You may not enroll the same recording in another distributor's or service's Content ID or equivalent monetization program at the same time. AudioKey's commission on monetization revenue is described on our Pricing page and applies only to revenue actually generated.
You may not upload Content that:
We reserve the right to remove Content, suspend accounts, and withhold royalties associated with violations of this section.
DSPs, collection societies, sync licensees, and monetization platforms report revenue to AudioKey on their own schedules. We calculate and remit amounts owed to you and any registered collaborators based on that reporting, less any applicable commission described on our Pricing page, on a payout schedule described in your account dashboard. Statements are estimates based on third-party reporting and are subject to correction, including retroactive adjustment, if a reporting party revises its figures.
Digital distribution is billed as a one-time fee per release or, if selected, an annual unlimited-release fee, both described on our Pricing page; there is no commission on streaming or download royalties. Publishing administration, sync licensing, and monetization carry no upfront fee and are billed solely as a commission on amounts actually collected or generated, at the rates described on our Pricing page. Physical manufacturing and retail placement are billed as described on our Pricing page or in your custom quote.
These Terms remain in effect while you use the Service. You may close your account and request takedown of your Content at any time through your dashboard or by contacting us, subject to Section 9 for any active monetization enrollment. We may suspend or terminate your access for violation of these Terms, fraudulent activity, or non-payment, with notice where practicable.
AudioKey delivers Content to and works with independent third-party DSPs, collection societies, sync licensees, manufacturing partners, and monetization platforms that are not owned or controlled by us. Each sets its own review timelines, content policies, and payout terms, which may change without notice. AudioKey is not responsible for a third party's decision to reject, delay, or remove Content, or for a third party's own errors in reporting or payment.
If you believe Content distributed through the Service infringes your copyright, please send a written notice to [insert DMCA/copyright agent contact] including the information required under applicable copyright law. We will investigate and take appropriate action, which may include removing the Content.
The Service is provided "as is" and "as available," without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee any specific number of streams, playlist placements, royalty amounts, sync placements, retail sell-through, or approval by any DSP or partner.
To the maximum extent permitted by law, AudioKey and its officers, employees, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost royalties, arising from your use of the Service, even if advised of the possibility of such damages. Our total liability for any claim relating to the Service is limited to the fees and commissions you paid to AudioKey in the [insert period, e.g. 12 months] preceding the claim.
You agree to indemnify and hold AudioKey harmless from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your Content, your breach of these Terms, or your violation of any law or third-party right.
These Terms are governed by the laws of [insert state/country], without regard to conflict-of-laws principles. [Insert your preferred dispute resolution process here, such as arbitration or the courts of a specific jurisdiction, after review by counsel.]
We may update these Terms from time to time. Material changes will be communicated by posting the updated Terms on this page with a new "Last updated" date, and, where appropriate, by email. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.
Questions about these Terms can be sent to hello@audiokey.net.