Terms of Service | AnonyxGhost

1. Introduction & Acceptance

These Terms of Service ("Terms") govern your access to and use of the website, web application, and related services (collectively, the "Services") operated by AnonyxGhost ("Company," "we," "us," or "our"), trading as AnonyxGhost. By accessing or using our Services, you ("User," "you," or "your") agree to be bound by these Terms. If you do not agree to all of these Terms, you may not access or use the Services.

Our platform is specifically designed for music creators, artists, and rights holders to upload, manage, distribute, and share their original musical works and related content. Any use of the Services outside of this intended purpose is strictly prohibited.

2. Eligibility & Account Registration

By using our Services, you represent and warrant that: (a) you are at least 18 years of age or the age of majority in your jurisdiction; (b) you have the full power and authority to enter into this agreement; (c) you will provide accurate, current, and complete information during registration; and (d) you will maintain and promptly update your account information to keep it accurate.

If you are registering on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. User Responsibilities & Account Security

You are solely responsible for maintaining the confidentiality of your username, password, and any other account credentials. You accept full responsibility for all activities that occur under your account. You must notify us immediately upon becoming aware of any unauthorized use of your account or any other security breach.

You agree to use our Services in compliance with all applicable local, state, national, and international laws and regulations.

3.1 Prohibited Conduct: You may not use our Services to upload, store, distribute, or share any content that:

Constitutes adult content, pornography, or sexually explicit material of any kind;
Is fraudulent, misleading, or intended to deceive others;
Is abusive, harassing, defamatory, or threatening;
Contains malware, viruses, or any code designed to disrupt, disable, or harm the Services;
Infringes upon the intellectual property rights, privacy rights, or other legal rights of any third party;
Violates any applicable law, statute, or ordinance of the United States, or your local jurisdiction;
Promotes illegal activities or provides instructions on how to engage in illegal activities.

Violation of these rules may result in immediate account suspension or termination without notice, and may subject you to legal liability.

4. Intellectual Property Rights

4.1 Our Content: All materials displayed on our Services, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the property of AnonyxGhost, our partners, our suppliers, or our clients and are protected by United States, and international intellectual property laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, or commercially exploit any of our content without our express written permission.

4.2 Your Content: You retain all ownership rights to the music, files, and other content you upload to our Services ("User Content"). By uploading User Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, cache, reproduce, distribute, perform, and display your User Content solely for the purpose of providing, operating, and improving our Services to you.

4.3 Representations and Warranties: You represent and warrant that: (a) you own your User Content or have the necessary licenses, rights, consents, and permissions to publish it; (b) your User Content does not and will not infringe, misappropriate, or violate any third-party rights, including copyright, trademark, patent, trade secret, moral rights, privacy rights, or publicity rights; and (c) your User Content complies with these Terms and all applicable laws.

4.4 Copyright Infringement: We respect the intellectual property rights of others and expect our users to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and may terminate the accounts of repeat infringers.

5. AnonyxGhost CDN Service

AnonyxGhost CDN ("CDN Service") is a file storage, management, and sharing service provided as part of your membership for the hosting of your music releases and related content. This service is provided on an "AS IS" and "AS AVAILABLE" basis.

5.1 Storage Allocation and Fair Use

Your membership includes storage capacity that is reasonably sufficient for the normal operation of your account and the storage of your active music releases distributed through our platform. The CDN Service is provided specifically for music distribution and promotion purposes and is not intended as a general-purpose cloud storage, backup, or archiving solution.

Acceptable Usage Guidelines: We consider storage usage to be acceptable when it is directly related to:

Active music releases distributed through our platform;
Cover art, liner notes, metadata, and associated release assets;
Account configuration, profile data, and settings;
Temporary working files directly related to upcoming releases (with a reasonable 90-day limit for pre-release content).

5.2 Excess Storage and Billing: We monitor storage usage to ensure fair allocation of resources across all users. If we determine, in our reasonable discretion, that your storage usage extends beyond these permitted purposes or substantially exceeds the typical usage patterns of active music distributors, we may provide you with written notice and an opportunity to remedy the situation within fourteen (14) days.

If the unauthorized or excessive usage continues after such notice, we reserve the right to:

Bill you for excess storage at our then-current standard rates (currently $0.1 per GB per month, billed in 1 GB increments);
Require you to delete files not associated with active or upcoming releases;
Restrict or suspend your account's upload functionality until compliance is achieved; or
For egregious or repeated violations, terminate your account pursuant to Section 8.

We will make commercially reasonable efforts to notify you before applying any excess usage charges, but reserve the right to bill for excess usage discovered during routine monitoring.

5.3 Data Deletion and Access

You retain the right to delete your files at any time through your account dashboard; however, files linked to active releases that have been distributed to retail and streaming partners cannot be deleted until such releases are properly retired through our distribution system to maintain catalog integrity. Upon expiration or termination of your subscription, all files stored in the CDN Service shall become inaccessible, subject to our data retention policies.

5.4 Data Collection and Privacy

We collect and process metadata associated with files stored in your account, including but not limited to file names, sizes, upload timestamps, download counts, stream counts, and play analytics to operate the service and provide you with usage insights. We do not collect Internet Protocol (IP) addresses from parties accessing shared public files unless required for security or fraud prevention. All files are encrypted at rest using industry-standard AES-256 encryption.

For more information about how we handle your data, please see our Privacy Policy.

5.5 Service Availability and Disclaimers

The CDN Service is provided without service level agreements or uptime guarantees. While we strive to maintain high availability, we do not guarantee that the service will be uninterrupted, timely, secure, or error-free. No bandwidth limitations are currently imposed, but we reserve the right to implement reasonable limitations to ensure service quality for all users. Temporary service interruptions may occur during maintenance, updates, or development activities.

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING BACKUP COPIES OF YOUR FILES. We strongly recommend that you keep independent backups of all User Content stored on our Services. To the maximum extent permitted by law, we disclaim all liability for any loss, corruption, or damage to data, files, or content stored within the service.

6. Payments, Cancellation, and Refunds

6.1 Subscription Fees and Billing

Certain features of our Services require payment of subscription fees. All fees are exclusive of applicable taxes, which are your responsibility. Fees are non-refundable except as expressly set forth in these Terms. We may change our fees at any time by posting notice on our website or sending you email notification; fee changes will apply to subscription renewals after the effective date of the change.

6.2 Cancellation

You may cancel the renewal of your paid subscription at any time through your account settings on our merchant portal. Cancellation will take effect at the end of your current billing period. Upon cancellation, you will retain access to all paid features and benefits until the end of your current billing cycle. After this period, your account will automatically convert to a free, management-only account.

This management-only account allows you to:

Receive and withdraw royalties from existing releases;

However, you will not be able to upload new songs, create new releases, or access premium features without reactivating a paid subscription.

6.3 Refund Policy

All payments are final and non-refundable, except in cases of payments taken in error or as required by applicable law. By purchasing access to our Services, you acknowledge that you receive immediate access to the service upon payment and therefore waive any statutory cooling-off period that might otherwise apply in your jurisdiction. If you believe a payment was processed in error, you must notify us within thirty (30) days of the charge.

7. Third-Party Services and Links

Our Services may contain links to third-party websites, services, or resources that are not owned or controlled by AnonyxGhost. We may also integrate with third-party services such as streaming platforms, digital stores, and payment processors. We have no control over, and assume no responsibility for, the content, privacy policies, terms of use, or practices of any third-party websites or services.

You acknowledge and agree that:

Your use of third-party services is at your own risk and subject to their terms and policies;
We do not endorse or warrant any third-party products, services, or content;
We shall not be liable for any damage or loss caused by your use of such third-party services; and
Any concerns regarding third-party services should be directed to the applicable third party.

8. Termination and Suspension

8.1 Termination by You: You may terminate your account at any time through your account settings or by contacting us. Termination will be effective within a reasonable time after processing.

8.2 Suspension and Termination by Us: We reserve the right to suspend or terminate your account and access to the Services at our sole discretion, without prior notice or liability, for any reason, including but not limited to:

Breach of these Terms or any other policies;
Violation of applicable laws or regulations;
Fraudulent, abusive, or unlawful activity;
Non-payment of fees;
Intellectual property infringement;
Extended periods of inactivity; or
Actions that may cause legal liability or harm to other users or our Services.

8.3 Effect of Termination: Upon termination for any reason:

Your right to access and use the Services will immediately cease;
All licenses granted to us for your User Content will survive termination solely to the extent necessary to fulfill distribution obligations to our partners;
Your User Content may be permanently deleted from our systems after a reasonable grace period;
All music content distributed through our platform may be removed from distribution channels;
Any accrued rights to payment will remain enforceable; and
Sections of these Terms that by their nature should survive termination will survive, including but not limited to intellectual property provisions, disclaimers, indemnification, and limitations of liability.

Upon termination due to a breach of these Terms, all files and your account shall be permanently deleted without possibility of recovery.

9. Disclaimers and Limitation of Liability

9.1 Service "AS IS"

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANONYXGHOST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2 No Warranty

WE DO NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ANONYXGHOST, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100). THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ACTION IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. Indemnification

You agree to defend, indemnify, and hold harmless AnonyxGhost, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys' fees) arising from or relating to:

Your use of and access to the Services;
Your violation of any provision of these Terms;
Your violation of any third-party right, including without limitation any intellectual property right, privacy right, or publicity right;
Your User Content; or
Any claim that your User Content caused damage to a third party.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without our prior written consent.

11. Governing Law and Dispute Resolution

11.1 Governing Law: These Terms and your use of our Services shall be governed by and construed in accordance with the laws of the Republic of Kenya, without regard to its conflict of law provisions, and applicable United States copyright law as it applies to international intellectual property protection.

11.2 Dispute Resolution: Any dispute, controversy, or claim arising out of or relating to these Terms or your use of the Services shall first be attempted to be resolved through good-faith negotiations. If the dispute cannot be resolved through negotiations, it shall be submitted to mediation in Nairobi, Kenya, before resorting to litigation.

11.3 Jurisdiction: Any legal suit, action, or proceeding arising out of these Terms shall be instituted exclusively in the courts located in Nairobi, Kenya. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11.4 Class Action Waiver: To the fullest extent permitted by law, you agree that any disputes shall be brought solely in your individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

12. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. If we make material changes, we will provide at least thirty (30) days' notice before the new terms take effect by posting notice on our website, sending you an email, or through other reasonable means. Changes required for legal, security, or regulatory reasons may take effect immediately upon notice.

By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you must stop using the Services and terminate your account before the changes take effect. It is your responsibility to check this page periodically for changes.

13. General Provisions

13.1 Entire Agreement: These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire and exclusive agreement between you and AnonyxGhost regarding your use of the Services.

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

13.3 Waiver: Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

13.4 Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms without restriction or consent.

13.5 Notices: Legal notices shall be served via email to our registered address or to the email address associated with your account.

13.6 Force Majeure: We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

14. Contact Information

If you have any questions, concerns, or requests regarding these Terms, please contact us through our official channels:

AnonyxGhost
Email: legal@anonyxghost.com