These Terms of Service ("Terms") form a binding agreement between EverGreen Empire Ltd ("Everdistro", "we", "us", "our") and the individual or legal entity ("you", "Label", "Customer") accessing or using the Everdistro platform, websites, APIs and related services (the "Services"). By using the Services you accept these Terms.
1. Eligibility & Account
You must be at least 18 years old (or the age of majority in your jurisdiction) and legally able to enter into contracts. Access to the Services is granted by application and at our sole discretion. You must provide accurate information and keep your credentials confidential. You are responsible for all activity under your account.
2. The Services
Everdistro provides music tools for record labels, including but not limited to global distribution to digital service providers ("DSPs"), catalog management, royalty accounting, analytics, artist onboarding, contract and split management, and related operational tools.
3. Your Content & Rights Granted
3.1 Ownership. You retain all ownership of your recordings, compositions, artwork, videos, metadata and other materials you provide ("Your Content").
3.2 Warranties. You represent and warrant that you own or control all necessary rights, licences, consents, releases and clearances (including from artists, producers, featured performers, songwriters, publishers, sample owners and rights holders) required to deliver Your Content to DSPs worldwide and to collect associated revenue.
3.3 Licence to Everdistro. You grant EverGreen Empire Ltd a non-exclusive, worldwide, royalty-free licence for the term of this agreement to reproduce, host, transcode, encode, distribute, transmit, communicate to the public, promote, and otherwise use Your Content solely to provide the Services, including delivery to DSPs and collection of revenues on your behalf.
3.4 Indemnity. You will defend, indemnify and hold harmless Everdistro, EverGreen Empire Ltd and its affiliates, officers and employees from any claim, loss, liability, damage or expense (including reasonable legal fees) arising from Your Content or your breach of these Terms.
4. Prohibited Conduct
You may not, and may not permit any of your artists or users to:
- Upload content you do not have the full legal right to distribute.
- Engage in artificial streaming, stream manipulation, click farms, bot traffic, incentivised streaming, playlist fraud, or any activity that inflates or manipulates plays, saves, followers, chart positions, or royalties.
- Use, purchase or accept services from third parties that offer paid, bot, incentivised or otherwise artificial streams, downloads or engagement.
- Deliver content containing malware, illegal material, hate speech, incitement to violence, child sexual abuse material or content that infringes intellectual property, publicity or privacy rights.
- Use the Services to launder money, evade sanctions, or in violation of any applicable law, regulation or DSP policy.
- Reverse engineer, scrape, resell, or circumvent access controls of the Services.
5. Artificial Streaming & Fraud Enforcement
5.1 Zero tolerance. Everdistro operates a zero-tolerance policy for artificial streaming, chart manipulation, royalty fraud, catalog fraud, identity fraud, metadata fraud and any activity DSPs classify as illegitimate consumption.
5.2 Detection. We use automated systems, DSP reporting, third-party anti-fraud partners and manual review to identify suspicious activity.
5.3 Remedies. Where we, in our reasonable discretion, or a DSP, believes fraudulent, artificial or manipulated activity has occurred, we may without prior notice: (i) withhold, offset, reverse, claw back or forfeit royalties and any pending balance associated with the affected releases, artist or account; (ii) issue takedowns, block redelivery or restrict access; (iii) charge back fees, fines and penalties levied by DSPs; (iv) suspend or terminate your account; (v) report the activity to DSPs, rights organisations, law enforcement or regulators; and (vi) recover reasonable investigation costs.
5.4 Liability. You are fully responsible for artificial or fraudulent activity affecting Your Content, whether initiated by you, your artists, your affiliates or third parties promoting Your Content, and you will indemnify us for any resulting losses, fines or claims.
6. Royalties & Payments
6.1 Collection. We collect royalties from DSPs and remit the amounts due to you, less our fees, chargebacks, taxes, refunds and any amounts we are entitled to withhold under these Terms.
6.2 Statements. Statements are made available in your dashboard on the schedule described there. You must review statements and notify us in writing of any disputed item within ninety (90) days; otherwise the statement is deemed accepted.
6.3 Minimums, holds and reserves. We may set minimum payout thresholds, place holds on funds we reasonably believe may be subject to chargebacks, disputes or fraud, and maintain reserves against future adjustments.
6.4 Taxes. You are responsible for all taxes on amounts paid to you. You will provide valid tax documentation on request. We may withhold taxes as required by law.
6.5 Currency & fees. Payments are made in the currency and via the payment methods offered in your dashboard. You bear applicable payment, banking and currency conversion fees.
7. Fees
Fees, revenue shares and any subscription charges are as agreed with you in writing or as displayed in your account. Fees are non-refundable except where required by law.
8. Content Removal & Takedowns
We may remove, refuse to distribute or takedown any content at our discretion where we believe it violates these Terms, DSP policies, law, or third-party rights. Takedowns typically complete within 2–4 weeks depending on the DSP.
9. Intellectual Property of Everdistro
The Services, including software, design, trademarks and documentation, are owned by EverGreen Empire Ltd or its licensors and are protected by intellectual property laws. You receive a limited, non-transferable, revocable licence to use the Services during the term of this agreement.
10. Confidentiality
Each party will protect the other's non-public business, technical and financial information with the same degree of care it uses for its own confidential information, and no less than reasonable care.
11. Suspension & Termination
We may suspend or terminate your account at any time, with or without notice, for breach of these Terms, suspected fraud, legal risk, DSP requirement, or non-payment. You may terminate by written notice; takedown, final accounting and payment of undisputed amounts will follow standard cycles. Sections that by their nature should survive termination will survive.
12. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERGREEN EMPIRE LTD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT UNINTERRUPTED, ERROR-FREE OR SECURE OPERATION.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, EVERGREEN EMPIRE LTD WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR LOST PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS. OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE AMOUNTS WE ACTUALLY PAID YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
14. Governing Law & Venue
These Terms are governed by the laws of England and Wales, without regard to conflict of law rules. The courts of London, England have exclusive jurisdiction over any dispute, subject to mandatory consumer protection laws in your country of residence.
15. Changes to the Terms
We may update these Terms from time to time. Material changes will be communicated via the Services or by email. Continued use after the effective date constitutes acceptance.
16. General
These Terms are the entire agreement between the parties on this subject. No waiver of any term is a further waiver. If any provision is unenforceable, the remaining provisions remain in effect. You may not assign these Terms without our written consent; we may assign to an affiliate or in connection with a corporate transaction.
17. Contact
EverGreen Empire Ltd
Email: legal@everdistro.com