Terms of Use

Symphonic Terms of Use

Terms of Use

Last revised: November 6, 2025

These Terms of Use (“Terms” or this “Agreement”) govern your access to and use of any website, mobile application, or online service operated by Symphonic Distribution, Inc. (“Symphonic,” “we,” “our,” or “us”), including, without limitation, symphonic.com, apac.symphonic.com, symphonicms.com, symblog.com, blog.symphonic.com, symphoniclatino.com, symdistro.com.br, affiliated/owned companies (indigojones.video, symphonicprinting.com, bodegasync.com), and any other affiliated or successor sites (collectively, the “Services”).

These Terms supplement (and do not replace) any separate written agreement between you and Symphonic (each a “Commercial Agreement”), including, without limitation, distribution, publishing administration, royalty payment, SplitShare, or other product-specific agreements or terms (e.g., Starter Terms & Conditions). If there is any conflict between these Terms and a Commercial Agreement, the Commercial Agreement controls for the subject matter of that agreement; otherwise these Terms apply.

Your use of the Services is also subject to our Privacy Policy and Cookie Policy (together, the “Data Policies”), which are incorporated by reference. In the event of any ambiguity, these Terms must be interpreted to avoid conflict with the Data Policies (e.g., consent and opt-out mechanics, state-specific rights, etc.).

By accessing or using the Services, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree, you may not use the Services.

Eligibility and Account Registration
1. Eligibility
  You represent and warrant that you are at least the age of majority in your jurisdiction (and, if in the EEA or UK, at least sixteen (16) years old) and have authority to enter into this Agreement. If you use the Services on behalf of an entity, you represent that you are authorized to bind that entity to these Terms.
2. Identity Verification
  We may require identity verification (including documentary checks through third-party providers) as a condition of access to certain features or paid Services. Failure to complete or maintain verification may result in suspension or termination (see Termination & Suspension).
3. Account Creation
  Certain portions of the Services may require registration. You agree to provide accurate, complete, and current information and to keep it updated. You are responsible for maintaining the confidentiality of your credentials and for all activities under your account.
4. Account Ownership
  “Individual Account” means an account registered by a natural person for that person’s own use. “Entity Account” means an account registered by or on behalf of a legal entity (e.g., a company, label, partnership, or sole proprietorship using a trade name).
  
  • For an Individual Account, the Owner of Record is the natural person who registered the account.
  
  • For an Entity Account, the Owner of Record is the legal entity named at registration (including any DBA/trade name disclosed).
  
  By opening or using an Entity Account, you represent and warrant that you (1) are duly authorized to bind the entity to these Terms and any applicable Commercial Agreement; (2) will keep the entity’s legal name, tax and payment information, and beneficial ownership information current; and (3) will maintain a designated Authorized Representative with authority to administer the account, accept terms, manage users, and control payouts. You may not share credentials or allow others to act on your behalf unless you expressly designate them as an Authorized Representative within the account settings. Symphonic adheres to a “one account, one owner” policy. We may request documentation to confirm ownership, control, or authority and may require owner changes to be approved and re-verified.
5. Security
  You must promptly notify Symphonic of any unauthorized access, breach, or misuse of your account or the Services.
Relationship to Commercial Agreement
1. Commercial Agreements Control
  If you have a Commercial Agreement (including, without limitation, a distribution agreement, publishing administration agreement, royalty payment agreement, or SplitShare participation agreement), that agreement governs your specific business relationship with Symphonic. In the event of any inconsistency between these Terms and a Commercial Agreement, the Commercial Agreement controls.
2. Services Scope
  These Terms apply to your general use of the Services, including informational and ancillary platforms and features, and to any aspect not expressly covered by a Commercial Agreement, regardless of whether you also have a Commercial Agreement.
3. Cumulative Remedies; No Election of Remedies
  Rights and remedies under these Terms and any Commercial Agreement are cumulative and not exclusive. No provision here creates an election of remedies that would limit rights available under another governing document or applicable law.

License and Intellectual Property
1. License to Use the Services
  Symphonic grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for their intended purposes, subject to these Terms.
2. Ownership
  All content, technology, text, graphics, logos, trademarks, service marks, and software provided through the Services are owned or licensed by Symphonic and protected by copyright, trademark, and other applicable laws. Except as expressly permitted, you may not reproduce, modify, distribute, or create derivative works of any part of the Services.
3. User Content
  You retain ownership of all rights in materials, information, files, data, and other content you upload or submit through the Services (“User Content”) (unless otherwise provided by a Commercial Agreement). By submitting User Content, you grant Symphonic a worldwide, royalty-free, non-exclusive license to host, reproduce, distribute, display, and adapt such content solely as necessary to operate and improve the Services. Any other distribution, royalty, or exploitation rights for sound recordings, audiovisual works, compositions, and related materials (“Client Content”) are governed by your Commercial Agreement, if any.
4. Generative AI Disclosure
  You must clearly disclose any AI-generated, AI-assisted, or synthetic media and comply with platform policies and applicable law. You may not misrepresent authorship, rights, or identity, or impersonate any person.
5. Feedback
  If you provide feedback, ideas, or suggestions, you grant Symphonic the right to use such feedback without restriction or compensation.
6. Data Use
  Symphonic may use de-identified, aggregated data derived from your use of the Services for analytics, research, and industry reporting in a manner that does not personally identify you or your content.

Acceptable Use
1. Prohibited Conduct
  You may not use the Services to:
  
  • Infringe or violate any intellectual property, privacy, or publicity rights;
  
  • Engage in fraudulent, unlawful, or deceptive conduct;
  
  • Artificially manipulate or inflate metrics (including streams, views, or downloads);
  
  • Circumvent, disable, or interfere with security or rights-management features;
  
  • Introduce or distribute malware, bots, scrapers, spiders, or automated data-harvesting tools;
  
  • Upload or distribute unauthorized AI-generated or synthetic media that misrepresents authorship or ownership;
  
  • Submit false or misleading metadata or artwork;
  
  • Harass, threaten, or abuse other users; or
  
  • Violate any applicable law or regulation.
  
  • Attempt to bypass identity, sanctions, KYC, or fraud controls;
  
  • Upload personal or sensitive data of others without a lawful basis and appropriate notice/consent;
  
  • Process payment or financial data except through authorized flows.
2. Enforcement
  Symphonic may investigate violations, suspend or terminate accounts, remove or block content, cooperate with law enforcement or affected third parties, and pursue other remedies available under applicable law and/or a Commercial Agreement.

Fees, Payments, and Refunds
1. Paid Services
  Certain features (e.g., Symphonic Starter, Symphonic Mastering) may require payment. Fees, payment terms, and renewal conditions are described in the applicable service offering or checkout page.
2. Payment Authorization.
  By purchasing paid Services, you authorize Symphonic or its payment processors to charge your designated payment method for all fees and applicable taxes.
3. Auto-Renewal & Cancellation
  If a Service states it auto-renews, you authorize recurring charges until you cancel in accordance with the applicable Service terms. Certain product-level fees and recoupment mechanics are governed by your Commercial Agreement and will control in case of inconsistency.
4. Chargebacks & Offsets
  We may suspend or withhold payouts or access if we suspect misuse, fraud, improper activity, or breach of these Terms or a Commercial Agreement, and may offset amounts owed to us against amounts otherwise payable to you.
5. Refunds
  Except where otherwise stated or required by law, all fees are non-refundable.
6. Taxes
  You are responsible for any applicable taxes, duties, or governmental charges related to your use of the Services or receipt of payments.
Termination and Suspension
1. By Symphonic
  Symphonic may suspend or terminate your access to the Services at any time, with or without cause, including for breach of these Terms or any Commercial Agreement, fraud, legal risk, or failure to complete identity verification, or as otherwise deemed necessary in Symphonic’s discretion.
2. By You
  You may cease using the Services at any time. If you have an active Commercial Agreement, its provisions, including termination, govern that relationship.
3. Effect of Termination
  Upon termination, your right to use the Services ceases immediately. Certain provisions (including intellectual property, indemnification, limitations of liability, and governing law/dispute resolution) survive termination.

Representations, Warranties, and Indemnity
1. Your Representations and Warranties
  You represent and warrant that: (i) you have all necessary rights, licenses, and permissions to submit and distribute your User Content; (ii) your User Content does not infringe or violate any third-party rights; (iii) you will comply with all applicable laws and platform policies; and (iv) you have provided all notices and obtained all consents needed for any personal data contained in User Content.
2. Indemnification.
  You agree to indemnify, defend, and hold harmless Symphonic and its officers, directors, employees, agents, affiliates, and licensors from and against all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or relating to your use of the Services, your User Content, or your breach of these Terms or any applicable Commercial Agreement.

Disclaimers and Limitation of Liability
1. Disclaimer of Warranties.
  THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” SYMPHONIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
2. Limitation of Liability
  TO THE MAXIMUM EXTENT PERMITTED BY LAW, SYMPHONIC WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL. IN NO EVENT WILL SYMPHONIC’S TOTAL LIABILITY FOR ALL CLAIMS EXCEED FIFTY U.S. DOLLARS (US $50.00).
3. No Guarantee of Performance
  Symphonic does not guarantee uptime or availability of any Service or third-party platform connection.

Third-Party Links and Ads

The Services may contain links to third-party websites, products, or services. Symphonic does not control, endorse, or assume responsibility for third-party content or practices. Your use of third-party sites is at your own risk and subject to their terms and policies.

Copyright Complaints (DMCA Notice)

If you believe material available through the Services infringes your copyright, please notify our Designated Copyright Agent at copyright@symdistro.com pursuant to 17 U.S.C. §512(c) and include: (1) your physical/electronic signature; (2) identification of the copyrighted work; (3) identification of the allegedly infringing material and its location; (4) your address, telephone number, and email; (5) a statement of good-faith belief that the use is unauthorized; and (6) a statement, under penalty of perjury, that the information is accurate and you are authorized to act for the owner. Knowingly submitting false claims may result in liability under 17 U.S.C. §512(f).
Privacy, Cookies, and Data Protection

Your use of the Services is governed by Symphonic’s Privacy Policy and Cookie Policy, which are incorporated by reference. The Services are not directed to individuals under the legal age in any territory, and we do not knowingly collect personal information from children. Do not use the Services if you are under the legal age in your territory.

Export Compliance and Sanctions

You represent and warrant that you are not located in, under the control of, or a national or resident of any country or region subject to U.S. or other applicable trade sanctions or export restrictions. You agree to comply with all applicable export-control and sanctions laws (including AML, FCPA, and OFAC) and agree not to use the Services for or on behalf of sanctioned persons or jurisdictions.
Dispute Resolution; Arbitration; Class Action Waiver; Governing Law (Non-Arbitrable Claims)
1. Informal Resolution First
  Before filing any claim, you must email legal@symdistro.com (subject: “Pre-Arbitration Notice”) with your name, address, email, a description of the claim, and the relief sought. If the parties cannot resolve the claim within 30 days, either may proceed as described below.
2. Agreement to Arbitrate (U.S.)
  To the fullest extent permitted by law, any claim or dispute arising out of or relating to these Terms or the Services (“Dispute”) will be resolved by binding arbitration on an individual basis, administered by the AAA under the AAA Consumer Arbitration Rules (for personal/household use) or the AAA Commercial Arbitration Rules (for business/professional use). The Federal Arbitration Act (FAA) governs arbitrability. A single arbitrator will conduct the arbitration in New York, New York (or by video/teleconference at the arbitrator’s discretion). Judgment may be entered in any court of competent jurisdiction.
3. Small-Claims and IP/Injunctive Carve-Outs
  Either party may bring an individual action in small-claims court if eligible and may seek temporary or permanent injunctive relief in court to protect intellectual-property rights, confidentiality, or data security, or to prevent unauthorized access or use of the Services.
4. Class Action Waiver
  All Disputes must be brought on an individual basis and not as a plaintiff or class member in any purported class, collective, representative, private attorney general, or consolidated proceeding. The arbitrator may award relief only to the individual party to the extent necessary for that party’s claim and may not consolidate claims or preside over a representative or class proceeding.
5. California Public Injunctive Relief
  To the extent required by law, claims for public injunctive relief may be brought in court; the parties agree to stay the court action pending arbitration of all arbitrable claims.
6. Governing Law and Venue (Non-Arbitrable Claims)
  These Terms are governed by the laws of the State of New York (without regard to conflict-of-law rules). For any Non-Arbitrable Claims (including the carve-outs above, or where this Section is void), the exclusive venue is the state or federal courts in New York, New York, and the parties consent to those courts’ jurisdiction. If a Commercial Agreement specifies different governing law or venue, that agreement controls for disputes arising from it.
Patent Notice

Pursuant to 35 U.S.C. §287(a), Symphonic provides notice that the following U.S. patents apply to portions of the Services and related technology: U.S. Patent Nos. 10,963,507 and 11,068,535 — SymphonicMS / Catalog Transfer Technology. Additional patents may be pending.
California Consumer Notice

Please refer to the CCPA section of Symphonic’s Privacy Policy. Residents of California may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Suite N-112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Changes to These Terms

Symphonic may modify these Terms at any time. Updated versions will be posted on our websites with the revised effective date. Material changes may also be communicated via email or account notice. Continued use after posting constitutes acceptance of the revised Terms.
Notices
1. How We Send Notices to You
  We may provide notices by (i) email to the primary email address associated with your account and/or (ii) in-product notifications. You agree to keep your contact information current.
2. How You Send Legal Notices to Us (Contractual Notices)
  Send all legal notices (other than service of process and DMCA/privacy requests) to legal@symdistro.com with a copy to:
  Symphonic Distribution, Inc.
  Attn: Legal
  707 N. Franklin Street, Suite 400, Tampa, FL 33602, USA
3. Service of Process
  Email is not acceptance of service. Service of process must be effected on Symphonic’s registered agent or as otherwise permitted by applicable rules of civil procedure. The current registered-agent name and address may be obtained from the relevant Secretary of State.
4. Special Addresses
  DMCA notices must be sent to our Designated Copyright Agent as stated in the DMCA section. Data-subject requests and privacy notices must be sent as directed in the Privacy Policy.
Miscellaneous
1. Entire Agreement; Interpretation Hierarchy
  These Terms, together with the Privacy Policy, Cookie Policy, and any applicable Commercial Agreement, constitute the entire agreement between you and Symphonic concerning your use of the Services. Interpretation Hierarchy: (1) Commercial Agreement (for its subject matter); (2) Data Policies (privacy, cookies, and user rights); (3) these Terms.
2. No Agency
  These Terms do not create a partnership, joint venture, or agency relationship.
3. Assignment
  You may not assign or transfer these Terms without Symphonic’s prior written consent. Symphonic may assign or transfer its rights or obligations without restriction.
4. Severability
  If any provision is found invalid or unenforceable, the remaining provisions remain in full force and effect. A court may modify any unenforceable provision to the minimum extent necessary to be enforceable.
5. No Waiver
  Failure to enforce any right or provision does not constitute a waiver.
6. Headings
  Headings are for convenience only and do not affect interpretation.
7. Force Majeure
  To the extent not governed by a Force Majeure clause in a Commercial Agreement, neither party is liable for delays or failures to perform due to causes beyond its reasonable control (e.g., acts of God, natural disasters, war, terrorism, labor disputes, or communications failures).
8. Contact Information
  Symphonic Distribution, Inc.
  707 N. Franklin Street, Suite 400, Tampa, FL 33602
  Email: legal@symdistro.com