AC55ID Terms & Conditions

Date: June 28, 2023

AC55ID LLC, trading as AC55ID, is registered at 30 North Gould Street, Sheridan, Wyoming 82801, USA. www.ac55id.com.

Please read these AC55ID Terms & Conditions (“Agreement” or “AC55ID Terms & Conditions “) carefully before using the services offered by AC55ID LLC (“Company,” “we,” “us,” or “our”). By using the Site or Service, including but not limited to visiting, browsing, or uploading content, you agree to be bound by these Terms of Use.

1. Subscription & Revenue Model

• Artist accounts are available for $10 USD/month, offering unlimited releases.
• Label accounts are available for $19 USD/month, allowing unlimited artist profiles and releases..
• AC55ID does not take a percentage of sales—artists and labels keep 100% of their earnings from both digital and physical sales.
• AC55ID pays $0.01 per stream, with payments processed on the 5th of each month, covering the previous 30 days, only if the account has an active subscription.
• Artists and labels may send their merch, vinyl, or other physical items to AC55ID’s warehouse for free storage and shipping as part of their subscription.
• AC55ID inspects and stores all physical inventory and ships purchased items directly to customers.

2. Streaming Royalties & Rights Ownership

By signing up for AC55ID and uploading content, users acknowledge and agree to the following terms:

• Rights Holder Payments – AC55ID pays royalties only to the designated rights holder. Artists receive payouts if they own their streaming rights. If a label or third party owns these rights, payouts go to the designated rights holder.
• Active Subscription Requirement for Streaming Payouts – Labels must ensure each artist under their account has an active, paid subscription for streaming payouts to be processed. If an artist’s subscription is inactive, expired, or canceled, streaming payouts will not be processed.
• Digital Download Payments Are Not Affected by Subscription Status – Labels continue to receive earnings from digital downloads even if an artist’s subscription is inactive, as digital sales are separate from streaming royalties.
• User Responsibility & Agreement – Users confirm they have the legal rights to distribute uploaded material. AC55ID is not liable for ownership disputes or revenue-sharing issues.
• Unauthorized Uploads & Copyright Compliance – Users confirm they own or have legal rights to uploaded content. AC55ID assumes no liability for unauthorized uploads or third-party claims. Unauthorized content may lead to account suspension or termination.
• DJ Mixes – Uploads Without Monetization – Audio and video DJ mixes may be uploaded to AC55ID for exposure and sharing purposes. However, due to rights clearance requirements, DJ mixes are currently not eligible for monetizationthrough streaming or download payouts. Users are responsible for ensuring they have the appropriate permissions or legal rights to include all tracks in their mix. Fans may still view and support the artist’s other monetized content — and can optionally contribute directly to the artist via a “Contribute” button on their profile or mix page.
• Payout & Financial Responsibility – AC55ID only distributes streaming royalties to the designated rights holder listed in the account settings. Labels and artists are responsible for managing their own revenue-sharing agreements.
• Dispute Handling & Indemnification – AC55ID is not responsible for resolving disputes between artists, labels, or third parties. By using AC55ID, users agree to indemnify and hold AC55ID harmless from any claims, losses, damages, or legal disputes arising from platform use.
• Agreement to Terms – By creating an account and uploading content, users explicitly agree to these terms and acknowledge their responsibility to comply with all platform policies.
• Policy Updates – AC55ID reserves the right to modify these terms at any time, and users are responsible for reviewing the latest version.

3. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy (https://www.ac55id.com/privacy-policy). It describes how we collect, use, and share information when you use the Site and Services that link to this Privacy Policy.

4. Acceptable Use & Content Moderation

• Users must not upload or distribute any content that is illegal, defamatory, obscene, hateful, or infringes on the rights of others.
• AC55ID reserves the right to remove content that violates these terms or suspend accounts engaged in misconduct.
• Users may report content violations, and AC55ID will review and take appropriate action.

5. Fees & Payments

• Transactions on AC55ID include purchases of digital content, merchandise, and subscriptions.
• AC55ID does not process refunds for digital content unless required by law.
• Payments for subscriptions automatically renew unless canceled before the next billing cycle.
• If AC55ID is legally required to deny access to purchased content due to copyright claims, no refunds will be provided unless required by law.
• All subscription fees are non-refundable unless otherwise specified.

6. Fan Personal Information & Data Usage

• Artists and labels may access limited fan data, such as email and purchase history.
• Fan data must not be sold or misused. Artists must comply with privacy laws when using fan data.
• AC55ID is not responsible for how artists handle fan information outside the platform.

7. Registration & Account Requirements

• Users must provide accurate and truthful information when registering.
• AC55ID reserves the right to suspend or terminate accounts for violations of these terms.
• Users must be at least 16 years old to create an account.

8. Content Ownership, Licensing & Sales

• Artists and labels retain full ownership of their content but grant AC55ID the non-exclusive, royalty-free right to display, distribute, sell, and promote their content on the platform.
• By uploading content to AC55ID, artists and labels authorize the platform to process transactions related to digital downloads, streaming revenue, vinyl, and merchandise sales.
• AC55ID does not take a percentage of sales from digital downloads or physical products, ensuring creators keep 100% of their revenue (excluding payment processing fees, taxes, and shipping costs).
• Artists and labels are responsible for setting their prices and managing any revenue-sharing agreements externally.
• For further details, please refer to our AC55ID Rights Ownership & Monetization Policy. https://www.ac55id.com/ac55id-rights-ownership-monetization-policy/
• AC55ID does not use uploaded content for AI training or any unauthorized third-party usage.
• Removal of user content users can request content removal by emailing hello@ac55id.support or opening a support ticket.

9. Performing Rights Organizations, Music Publishers & Record Labels

• If you have a PRO (e.g., ASCAP, BMI, SESAC), you must notify them of the royalty-free license granted through AC55ID.
• If your rights are assigned to a music publisher or another PRO, you must obtain their consent before uploading content.
• Artists must comply with contractual obligations when uploading music.
• If you upload a cover song, you are responsible for securing the appropriate licensing before posting.
• Artists and labels are solely responsible for ensuring compliance with PROs and collection societies in their respective territories. AC55ID does not collect or distribute performance royalties on behalf of artists.
• By uploading content, you represent and warrant that all required rights, including mechanical, synchronization, and performance rights, have been obtained where necessary.
• AC55ID is not responsible for unpaid royalties owed to PROs, music publishers, or collection societies.
• Artists, labels, or rights holders indemnify AC55ID against claims arising from unpaid royalties, unauthorized licensing, or disputes regarding ownership of uploaded content.
• If you are a recording artist under contract with a record label, management company, or distributor, you must ensure your use of AC55ID does not violate any contractual obligations.
• Failure to comply with these terms may result in content removal or account suspension.

10. Consumer Rights & Refund Policies (EU/UK)

• Physical merchandise sales may be subject to 14-day return policies in the EU & UK.
• AC55ID follows local consumer protection laws where applicable.
• If a product is defective, AC55ID will work with sellers to resolve disputes.

11. Third-Party Services & Integrations

• AC55ID integrates with third-party payment processors (e.g., Stripe, PayPal). Users agree to their terms when using these services.
• Third-party tracking, analytics, or ad services may be used, but user data will not be sold.

12. Merchandise Fulfillment & Storage

• AC55ID provides free storage for artist and label merchandise as part of the subscription.
• Once merchandise is received, AC55ID inspects and confirms inventory before listing it for sale.
• When items are purchased, AC55ID handles fulfillment and shipping directly to customers.
• AC55ID is not responsible for damages or defects present before items arrive at the warehouse.

13. Termination & Dispute Resolution & Arbitration

• Users may cancel their Artist or Label subscription at any time, but refunds are not provided for the remaining billing period.
• AC55ID may terminate accounts for policy violations, unauthorized content uploads, or non-payment of subscription fees.

Dispute Resolution & Arbitration

1. Binding Arbitration
   To the fullest extent permitted by law, you and AC55ID agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the platform, or any services provided by AC55ID shall be resolved exclusively through final and binding arbitration. This includes claims based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and applies regardless of when the dispute arises, including after account termination. By agreeing to these Terms, you waive your right to a trial by jury or to participate in a class action.
2. Exceptions
   This arbitration agreement does not prevent either party from:
   • Bringing an individual claim in small claims court if it qualifies.
   • Seeking injunctive relief in a court of law in cases involving intellectual property infringement.
   • Pursuing enforcement actions through applicable federal, state, or local agencies.
3. Arbitration Procedures
   • Arbitration will be conducted by JAMS under its JAMS Arbitration Rules in Wyoming, USA.
   • The arbitration will take place in the county and state of your residence, unless agreed otherwise.
   • For claims under $10,000 USD, you may choose whether the arbitration will be conducted entirely online, by phone, or based on written submissions.
   • The arbitrator must provide a written decision with reasoning for the ruling.
4. Opt-Out Option
   If you do not wish to be bound by this arbitration clause, you may opt out within 30 days of accepting these Terms by sending a written notice to hello@ac55id.support with your full name, email address, and a statement that you wish to opt out of arbitration. Opting out will not affect any other provisions of these Terms.
5. Class Action Waiver
   You and AC55ID agree that any claims must be brought individually and not as part of a class action, consolidated lawsuit, or representative proceeding. The arbitrator shall not have the authority to preside over any class or collective action.
6. Fees & Costs
   • If the arbitration filing fee is greater than what it would cost to file in court, AC55ID will cover the difference (except where the claim is deemed frivolous).
   • Each party is responsible for their own legal fees, unless otherwise required by law.
7. Governing Law
   This arbitration agreement is governed by the Federal Arbitration Act (FAA) and shall be enforced in accordance with the laws of Wyoming, USA.

14. Indemnification & Liability Limitations

Users agree to defend, indemnify, and hold AC55ID harmless from claims, losses, or damages arising from their content or actions on the platform.

TO THE FULLEST EXTENT PERMITTED BY LAW, AC55ID AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OR INABILITY TO USE THE PLATFORM, EVEN IF AC55ID HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EXCEPT AS OTHERWISE REQUIRED BY LAW, AC55ID’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL SUBSCRIPTION FEES PAID BY YOU IN THE PAST TWELVE (12) MONTHS OR (B) $100 USD.

THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF THE CAUSE OF ACTION, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

15. Modification of Terms

AC55ID reserves the right to change, modify, or update these Terms of Use at any time. Users are responsible for reviewing updated terms to ensure compliance.

Contact Information:

For questions or support, contact us at hello@ac55id.support or call +1 (909) 303-6660 during business hours.

Notice to California Residents. If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.