Terms of use

The following are the General Terms & Conditions of your iMusician account. By opening your own account, you agree to these terms & conditions as well as the associated privacy policy in its entirety.

Definitions

  • We: iMusician Digital AG, Switzerland.
  • Shops: Digital Service Providers like Spotify, YouTube or even Shazam.
  • Use of your account: We define "use" as the point from which you log into your account.
  • Partner: This includes technical service providers, aggregators, credit card companies, collection societies etc.
  • iMusician App: The iMusician platform which hosts your iMusician account.
  • Services: These refer to the services available to you in your iMusician App.

Guarantee & warranty

  • You guarantee that you are older than 18 years of age.
  • You warrant that your email address is up-to-date.
  • You warrant that you are responsible for the safekeeping of your login details.
  • You guarantee that your iMusician account will not be used for fraudulent activities or purposes other than iMusician's original intention.

Payments and fees

  • We reserve the right to charge fees for certain payment methods. Such fees will be clearly indicated with the option to continue or cancel the activity.
  • We reserve the right to charge a late payment fee for unpaid invoices.

Accounting & payouts

  • You can initiate payouts yourself.
  • Once a payout has been initiated, payments will be made within 30 days.
  • Only income which has been received by us for your sales and royalties will be paid out.
  • We reserve the right to deduct costs such as "returns" (end customer returns a song to a shop requiring a refund) to your account.
  • All payment transfer costs will be charged to you.

Cash credit and Promo-credit

  • Cash credit in your account (normally from sales and royalties) can be used to buy other services (in part or in full) or be paid out. Your cash credit will not expire as long as you login at least once every year, after which we reserve the right to convert outstanding cash credit into Promo-credit to minimise exchange rate risk.

  • Promo-credit can be used to discount certain services but cannot be paid out nor changed to cash credit. It will never expire as long as you log-in to your account at least once a year. In any case, you will be notified by email of any pending expiration.

Refunds

We have a no cash refund policy, and refunds will be made as Promo-credit.

Closing your iMusician account

You can close your iMusician account at any time as long as all outstanding invoices have been paid. The account closure will trigger the automatic termination of any outstanding services so distributed releases will be taken down etc. It is possible that certain services like Online Publishing, are locked into a minimum term, but A) you will have been alerted to such terms when purchasing the service, and B) the services will expire automatically after the minimum term has past.

All uploaded personal data will be deleted in accordance with the EU mandated GDPR.

Audit rights

If you have doubts about our accounting, you have the right to audit iMusician with 90 days' notice. The audit will be at your expense, maximum once per year, and from an authorised Swiss auditor.

Fraudulent activity clause

  • We reserve the right to block your account if we suspect fraudulent activity or if a copyright claim has been made against you. The account will be unfrozen as soon as we had time to gather all relevant information and come to an informed conclusion.

  • Where you have been found to infringe the rights of others or be involved in fraudulent activities, we reserve the right to identify you to the infringed parties and/or the appropriate authorities. This right supersedes any privacy rights stated in our privacy policy. Furthermore, you may be required to back pay any payouts and/or forfeit outstanding payouts.

Modification of the terms of use

  • We reserve the right to make updates to the terms of use at any time, and such modifications can be communicated any number of ways including by email to the original address entered when opening your account.
  • Any use of your account following notification will be considered an acceptance of the modifications.
  • Illegality or unenforceability of any portion of the agreement shall not affect the legality and enforceability of the entire agreement.

Litigation

Any interpretation of this agreement shall be in accordance with Swiss Law and enforced in Zürich, Switzerland.