Terms of Use

Symphonic Terms of Use

Last revised: October 18, 2025

These Terms of Use (“Terms” or “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, and affiliated or owned companies indigojones.video, symphonicprinting.com, bodegasync.com, and any other affiliated or successor sites (collectively, the “Services”).

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 European Economic Area or the United Kingdom, at least sixteen (16) years old) and have the authority to enter into this Agreement. If you are using the Services on behalf of an entity, you represent that you are authorized to bind that entity to these Terms.
2. Account Creation.
  Certain portions of the Services may require you to register an account. 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 that occur under your account.
3. Account Ownership.
  Accounts are personal or organizational. If you are registering for a business, label, or group, you must designate an authorized owner. We may request documentation to confirm ownership or control.
4. 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 entered into a separate written agreement with Symphonic (e.g., a distribution agreement, publishing administration agreement, royalty payment agreement, or SplitShare participation agreement) (collectively, “Commercial Agreements”), those Commercial Agreements govern your specific business relationship with Symphonic. In the event of any inconsistency between these Terms and a Commercial Agreement, the Commercial Agreement will control.
2. Services Scope.
  These Terms apply to your general use of the Services, including informational and ancillary platforms, regardless of whether you also have a Commercial Agreement.

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 are 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 and to any materials, information, files, data, or other content you upload or submit through the Services (“User Content”). 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.
  
  Distribution, royalty, or exploitation rights for sound recordings, audiovisual works, compositions, or related materials are governed by your Commercial Agreement, if any.
4. Feedback.
  If you provide Symphonic with feedback, ideas, or suggestions about the Services, you grant us the right to use such feedback without restriction or compensation.
5. Data Use.
  Symphonic may use de-identified, aggregated data derived from your use of the Services for analytics, research, and industry reporting purposes, 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.
2. Enforcement.
  Symphonic reserves the right to investigate violations of these Terms, suspend or terminate accounts, remove or block content, and cooperate with law enforcement or affected third parties as deemed necessary.

Fees, Payments, and Refunds
1. Paid Services.
  Certain features, including Symphonic Starter, Symphonic Mastering, or other paid or subscription-based services, may require payment. Fees, payment terms, and renewal conditions are as 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. Refunds
  Except where otherwise stated or required by law, all fees are non-refundable.
  If Symphonic suspects misuse, fraud, or violation of these Terms or a Commercial Agreement, it may suspend or withhold payments or terminate access to paid Services.
4. 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, or for fraudulent or abusive activity.
2. By You.
  You may cease using the Services at any time. If you have an active Commercial Agreement, its provisions continue according to its own terms.
3. Effect of Termination.
  Upon termination, your right to use the Services ceases immediately. Certain provisions, including those on intellectual property, indemnification, limitations of liability, and governing law, will survive termination.

Representations, Warranties, and Indemnity
1. Your Representations and Warranties.
  You represent and warrant that:
  
  • You have all necessary rights, licenses, and permissions to submit and distribute your User Content;
  
  • Your User Content does not infringe or violate any rights of any third party; and
  
  • You will comply with all applicable laws and platform policies.
2. Indemnification.
  You agree to indemnify, defend, and hold harmless Symphonic and its officers, directors, employees, agents, affiliates, and licensors from and against any and 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 OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SYMPHONIC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
2. Limitation of Liability.
  TO THE MAXIMUM EXTENT PERMITTED BY LAW, SYMPHONIC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL. IN NO EVENT SHALL 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 any such third-party content or practices. Your use of third-party sites is at your own risk and subject to their respective terms and policies.

Copyright Complaints (DMCA Notice)

Symphonic respects the intellectual property rights of others and expects users to do the same.
If you believe that any 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 the following information:

1. Your physical or electronic signature;
2. Identification of the copyrighted work you claim has been infringed;
3. Identification of the material that you claim is infringing and its location;
4. Your address, telephone number, and email address;
5. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, agent, or law; and
6. A statement, under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on behalf of the copyright owner.

Knowingly submitting false infringement claims may result in liability for damages 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. By using the Services, you consent to our data collection and processing practices as described in those policies.

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 export control and sanctions laws applicable to your use of the Services.
Governing Law and Venue

These Terms and any dispute arising out of or relating to them or the Services shall be governed by and construed under the laws of the State of New York, without regard to conflict-of-law principles.

You consent to the exclusive jurisdiction and venue of the state and federal courts located in New York, New York, and waive any objection to such jurisdiction or venue.
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

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 of the Services after such posting constitutes your acceptance of the revised Terms.
Miscellaneous
1. Entire Agreement.
  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.
2. 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.
3. Severability.
  If any provision is found invalid or unenforceable, the remaining provisions will remain in full force and effect.
4. No Waiver.
  Failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision.
5. Headings.
  Headings are for convenience only and do not affect interpretation.
6. Force Majeure.
  Neither party shall be liable for any delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or failures of communications systems.
7. Contact Information.
  Symphonic Distribution, Inc.
  707 N. Franklin Street, Ste 400
  Tampa, FL 33602
  Email: legal@symdistro.com