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Terms of Service

Last Updated: July 4, 2025

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Artist," "User," "you," or "your") and HYPERINA LLC ("Hyperina," "Company," "we," "us," or "our"). By creating an account or using our music distribution platform and related services (the "Service"), you agree to be bound by these Terms in their entirety.

1. Eligibility & Account

1.1 Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use our Service. By creating an account, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms.

1.2 Account Registration

You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

1.3 Account Security

You must immediately notify us of any unauthorized access to or use of your account. Hyperina shall not be liable for any losses arising from unauthorized use of your account where you have failed to maintain adequate security of your credentials.

2. Service Description

Hyperina provides a digital music distribution platform that enables users to:

  • Upload and distribute music recordings to digital streaming platforms (DSPs) and digital stores worldwide.
  • Manage release metadata, cover art, and distribution settings.
  • Track royalties and earnings generated from distributed content.
  • Apply for YouTube Content ID registration and Official Artist Channel (OAC) verification.
  • Manage artists, labels, and contributor information.

3. Content Rights & Ownership

3.1 Your Ownership

You retain full ownership of all music recordings, compositions, cover art, and other content ("Content") that you upload to the Service. Hyperina does not claim ownership of your Content.

3.2 License Grant to Hyperina

By uploading Content and submitting it for distribution, you grant Hyperina a non-exclusive, worldwide, royalty-free license to:

  • Reproduce, encode, transcode, and format your Content as necessary for distribution to DSPs.
  • Transmit and deliver your Content to the platforms you have selected for distribution.
  • Display your Content metadata and cover art on the Hyperina platform and in connection with the Service.
  • Sub-license your Content to DSPs solely for the purpose of making it available to end users on those platforms.

This license continues for the duration of your distribution and for a reasonable wind-down period following any takedown or account termination.

3.3 Your Representations & Warranties

By submitting Content for distribution, you represent and warrant that:

  • You are the sole owner or have obtained all necessary rights, licenses, and permissions for the Content.
  • Your Content does not infringe upon the intellectual property rights, privacy rights, or any other rights of any third party.
  • You have obtained all necessary clearances for samples, covers, remixes, or any third-party material included in your Content.
  • All metadata, artist names, and contributor information you provide is accurate and truthful.
  • Your Content does not contain unlawful, defamatory, or harmful material.
  • You have accurately indicated whether your Content contains AI-generated elements.

3.4 Content Review

Hyperina reserves the right to review, approve, reject, or remove any Content at its sole discretion. Reasons for rejection or removal may include, but are not limited to: copyright infringement, quality concerns, metadata inaccuracies, policy violations, or DSP guideline non-compliance.

4. Distribution

4.1 Distribution Process

Once you submit a release for distribution and it is approved by Hyperina, we will deliver your Content to the digital platforms you have selected. Delivery times vary by platform and are typically between 2-10 business days, though some platforms may take longer.

4.2 No Guarantees

While we make commercially reasonable efforts to distribute your Content, we do not guarantee:

  • Acceptance by any specific DSP (platforms may reject content at their discretion).
  • Specific delivery timelines or availability dates.
  • Uninterrupted availability of your Content on any platform.
  • Any specific level of streams, downloads, revenue, or exposure.

4.3 Takedowns

You may request a takedown of your Content from platforms at any time. Takedown processing times vary by platform. Hyperina reserves the right to initiate takedowns of Content that violates these Terms, applicable laws, or DSP policies.

5. Royalties & Payments

5.1 Royalty Collection

Hyperina collects royalties from DSPs on your behalf for streams, downloads, and other uses of your Content. Royalty amounts are determined by the DSPs and are subject to their respective payment schedules and reporting timelines.

5.2 Revenue Share

The revenue share between you and Hyperina shall be as agreed upon during your registration or as subsequently communicated to you. Hyperina reserves the right to modify the revenue share with reasonable prior notice.

5.3 Payment Schedule

Royalties are processed according to Hyperina's payment schedule. Minimum payout thresholds may apply. You are responsible for providing accurate and valid payment method information.

5.4 Taxes

You are solely responsible for reporting and paying all taxes owed in connection with royalties received through the Service. Hyperina may withhold taxes as required by applicable law.

5.5 Disputes

Any disputes regarding royalty amounts must be raised within 90 days of the royalty report date. After this period, royalty reports are considered final and accepted.

6. YouTube Content ID & OAC

6.1 Content ID

If you opt into YouTube Content ID registration, Hyperina will submit your eligible Content for Content ID on your behalf. You acknowledge that Content ID claims are subject to YouTube's policies and that false or invalid claims may result in penalties, including removal from the Content ID program.

6.2 Official Artist Channel (OAC)

OAC applications are subject to YouTube's eligibility requirements and approval process. Hyperina submits applications on a best-effort basis and does not guarantee approval.

7. Prohibited Conduct

You agree not to:

  • Upload Content that infringes upon third-party intellectual property rights.
  • Engage in stream manipulation, artificial inflation of play counts, or any form of fraud.
  • Upload Content generated entirely by AI without proper disclosure.
  • Create multiple accounts to circumvent platform rules or Hyperina policies.
  • Use the Service to distribute hate speech, illegal content, or Content that promotes violence.
  • Attempt to reverse-engineer, hack, or compromise the security of the Service.
  • Misrepresent your identity, rights, or affiliations.
  • Violate any applicable laws or the terms of service of any DSP.

8. Termination

8.1 By You

You may terminate your account at any time by contacting us. Upon termination, we will initiate takedowns of your Content from all platforms. Any pending royalties will be paid out according to our standard payment schedule, subject to minimum payout thresholds.

8.2 By Hyperina

Hyperina may suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to:

  • Violation of these Terms or any Hyperina policy.
  • Copyright infringement or repeated content violations.
  • Fraudulent activity, including stream manipulation.
  • Extended period of inactivity.
  • At Hyperina's sole discretion if continuing the relationship is deemed detrimental to the Service.

8.3 Effect of Termination

Upon termination, your license to use the Service immediately ceases. Hyperina's license to your Content shall terminate, subject to a reasonable wind-down period necessary to complete takedowns from DSPs. Sections 3.3, 5, 9, 10, 11, and 12 shall survive termination.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
  • HYPERINA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES.
  • HYPERINA'S TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT OF ROYALTIES PAID TO YOU IN THE 12 MONTHS PRECEDING THE CLAIM.
  • HYPERINA IS NOT LIABLE FOR ACTIONS, OMISSIONS, OR POLICIES OF ANY DSP, INCLUDING CONTENT REMOVALS, PAYMENT DELAYS, OR PLATFORM CHANGES.

10. Indemnification

You agree to indemnify, defend, and hold harmless HYPERINA LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

  • Your use of the Service.
  • Your Content, including any claims of copyright or intellectual property infringement.
  • Your violation of these Terms.
  • Your violation of any third-party rights.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at contact@hyperina.com and attempt to resolve the dispute informally for at least 30 days.

11.2 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in the United States.

11.3 Class Action Waiver

You agree that any disputes will be resolved on an individual basis and that you waive any right to participate in a class action lawsuit or class-wide arbitration.

12. General Provisions

12.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Hyperina regarding the Service and supersede all prior agreements.

12.2 Modifications

Hyperina reserves the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on the platform. Your continued use of the Service after notification constitutes acceptance of the modified Terms.

12.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

12.4 No Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

12.5 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. Hyperina may assign its rights and obligations without restriction.

13. Contact

For questions or concerns regarding these Terms, please contact us:

  • Company: HYPERINA LLC
  • Email: contact@hyperina.com
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