Terms of Service

1. Eligibility and Account Registration

1.1 Age Requirements

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Platform. If you are between 13 and 17, you may use the Platform only with the consent and supervision of your parent or legal guardian.

1.2 Account Responsibilities

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to promptly notify Alera of any unauthorized use of your account.

2. License and User Conduct

2.1 License Grant

We grant you a limited, non-exclusive, non-transferable license to access and use the Platform for lawful purposes and in accordance with these Terms.

2.2 Prohibited Uses

You agree not to:

• Violate any law or third-party rights.
• Infringe copyrights, trademarks, or intellectual property rights.
• Upload illegal, harmful, or abusive content.
• Harass or exploit minors or other users.
• Use bots, scrapers, or unauthorized automation.
• Reverse engineer or attempt to access source code.
• Circumvent or attempt to circumvent our identity verification or content scanning processes.
• Engage in fraudulent activity, including but not limited to, submitting fraudulent content or generating artificial streams.

3. Services and Fees

3.1 Subscription Plans

Certain Services, including but not limited to unlimited music distribution, require an active, paid subscription plan ("Plus" or "Pro"). All fees are displayed at checkout and must be paid using an accepted payment method.

3.2 The "One-Release Trial"

The Offer: ALERA offers new users a "One-Release Trial" (the "Trial"). The Trial allows a new user to upload and release one (1) single audio track to all partner streaming platforms free of charge. This release will remain live on all platforms permanently, regardless of whether the user converts to a paid subscription plan.

Royalty Allocation and Display: For any release submitted under the Trial, the user shall be entitled to one hundred percent (100%) of the net royalties earned. ALERA will process these earnings on the user's behalf, and the full, un-deducted amount owed to the user will be displayed as a balance in their ALERA account dashboard.

Payout Eligibility: To be eligible to withdraw any and all accrued royalties from their ALERA account, the user must upgrade to an active, paid subscription plan (e.g., "Plus" or "Pro"). Access to payouts is a feature of paid subscription plans and is not included in the Trial.

Dormant Accounts & Forfeiture of Royalties: An account will be considered "dormant" if the user has accrued royalties from a Trial release but does not log in to their ALERA dashboard for a continuous period of eighteen (18) months. To cover the long-term administrative and platform costs of maintaining a dormant account and its live release, ALERA reserves the right to close the account and retain any and all accrued royalties. ALERA will make reasonable attempts to notify the user via their registered email address at least thirty (30) days before an account is closed and royalties are forfeited.

3.3 Payment Terms

By providing a payment method, you authorize us to charge fees and applicable taxes. All payments are non-refundable unless expressly stated otherwise.

3.4 Changes to Fees

We reserve the right to change pricing or payment terms upon notice. Continued use after changes constitutes acceptance.

3.5 Payout Fees

You are responsible for any fees charged by your chosen payment provider (e.g., PayPal fees, bank transfer fees, crypto network fees). Such fees will be deducted from your final payout amount.

4. User Content

4.1 Content Ownership

You retain ownership of your User Content (music, metadata, artwork, etc.), but you grant Alera a non-exclusive, royalty-free, worldwide license to:

• Distribute your music via the Platform to third-party services.
• Store, process, and display your User Content as needed for the Services.
• Scan, analyze, and review your User Content using automated (including AI-powered) and manual processes to detect potential fraud, copyright infringement, or violations of these Terms.
• Generate AI-based suggestions, reports, or promotional content based on your User Content.

4.2 Content Responsibilities

You represent and warrant that:

• You own or have necessary rights to upload and distribute your content.
• Your content does not infringe third-party rights or violate laws.
• You are solely responsible for securing licenses, paying royalties, and resolving disputes related to your User Content.
• You represent and warrant that your artist name, track titles, and any other metadata do not infringe upon the trademark or publicity rights of any third party and are not intended to mislead, confuse, or impersonate another artist.

4.3 Distribution Through Third-Party Partners

You acknowledge and agree that ALERA utilizes a network of third-party distributors and aggregators ("Distribution Partners") to deliver your User Content to Digital Service Providers ("DSPs"). By using our Services, you agree that your User Content will be subject to the terms, conditions, and content policies of these Distribution Partners. ALERA is not liable for any delays, errors, content rejections, or any other failures caused by our Distribution Partners in the delivery of your content to DSPs.

4.4 Relationship with Third-Party Services (DSPs)

ALERA acts as a service provider to deliver your User Content to DSPs such as Spotify and Apple Music. You acknowledge that ALERA does not control and is not responsible for the business practices, content policies, or timelines of these DSPs. We do not guarantee that your User Content will be accepted by any DSP, nor can we control the time it takes for a release to become live on a DSP's platform.

4.5 Agreement to Third-Party DSP Terms

By opting to distribute your User Content to a specific DSP through the Platform, you acknowledge and agree that you are also bound by the individual terms of service, content policies, and guidelines of that DSP (e.g., Spotify, Apple Music, YouTube, Snapchat, etc.). It is your responsibility to review and comply with these third-party terms.

5. Policy on Artificially Generated Content

5.1 Definition

For the purposes of these Terms, "Artificially Generated Content" or "AI Content" refers to music, lyrics, or artwork where a significant portion of the creative material was generated using artificial intelligence tools or processes, with minimal human creative input or authorship. This includes, but is not limited to, tracks generated entirely by AI models or tracks using AI-cloned vocals of existing artists.

5.2 Disclosure Requirement

You must accurately disclose the use of AI in the creation of each track submitted through the Platform, using the specific declaration tools provided in the release submission form. Failure to provide accurate information regarding the use of AI constitutes a material breach of these Terms.

5.3 Representations and Warranties Regarding AI Content

In addition to the general Content Responsibilities outlined in Section 4.2, if you submit AI Content, you further represent and warrant that:

• Your use of any AI tool complies with that tool's specific terms of service.
• The AI Content does not infringe upon the intellectual property rights, personality rights, or any other rights of any third party. This includes, but is not limited to, ensuring that any AI model used was trained ethically and legally, and that the output does not mimic or incorporate unauthorized elements of existing copyrighted works or artists' voices.
• You possess all necessary rights and permissions to distribute and monetize the AI Content.

5.4 Distribution Limitations and DSP Policies

You acknowledge and agree that the acceptance, categorization, and monetization policies for AI Content vary significantly across different Digital Service Providers (DSPs) and are rapidly evolving. ALERA and its Distribution Partners must comply with the policies set forth by each DSP. Therefore:

• ALERA cannot guarantee the acceptance or distribution of any AI Content to any or all DSPs.
• DSPs may choose, at their sole discretion, not to make AI Content available for streaming, to categorize it differently from human-created content, or to limit its eligibility for royalty payments.
• ALERA and its Distribution Partners reserve the right, at their sole discretion, to reject, remove, or limit the distribution of any AI Content that violates these Terms, fails our content scanning processes, or is deemed likely to violate DSP policies.

5.5 Liability for AI Content

You remain solely responsible and liable for any and all claims, disputes, or losses arising from the AI Content you submit through the Platform. Providing false information regarding AI usage or submitting AI Content that infringes third-party rights may result in the rejection of your release, the termination of your account, and potential legal action.

6. Intellectual Property

6.1 Alera Property

All Platform content, software, designs, trademarks, and branding are owned by Alera or its licensors. You may not use our marks or proprietary content without written permission.

6.2 Feedback

By submitting ideas or feedback, you grant us an unrestricted license to use and incorporate your suggestions without compensation.

7. Privacy and Data

Our Privacy Policy governs how we collect and use your personal information. By using the Services, you consent to our data practices. This includes the collection and processing of information required for our identity verification and fraud prevention measures.

8. Termination and Suspension

8.1 Termination by Alera

We may suspend or terminate your account or access to the Platform at any time for any reason, including but not limited to, breach of these Terms, failure to pass identity verification, or submission of fraudulent content, at our sole discretion.

8.2 Termination by You

You may cancel your account at any time through your account settings.

8.3 Takedown of Content

You may request a takedown of your release at any time through the Platform. ALERA reserves the right to charge an administrative fee for processing takedown requests. Any applicable fees will be clearly displayed before you confirm your request.

9. Disclaimers and Limitation of Liability

9.1 Disclaimers

The Platform is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free access or that defects will be corrected.

9.2 Limitation of Liability

To the maximum extent permitted by law, we are not liable for any indirect, incidental, special, punitive, or consequential damages, including lost profits, arising from your use of the Platform. Our total liability to you for all claims is limited to the greater of $100 or the amount paid by you for Services in the 12 months prior to the claim.

10. Indemnification

You agree to indemnify, defend, and hold harmless Alera, its affiliates, and their respective officers, employees, and agents from any claims, losses, damages, liabilities, or expenses arising from:

• Your use of the Platform.
• Your User Content.
• Your violation of these Terms or applicable laws.
• Third-party claims related to your content or conduct.

11. Copyright Policy (DMCA)

We respect copyright laws. If you believe content on the Platform infringes your rights, please notify us at contact@alera.fm. Your notice must comply with the DMCA (17 U.S.C. §512(c)(3)).

12. Modifications

We may revise these Terms at any time. Material changes will be notified via email or platform notification. Continued use of the Platform constitutes acceptance of the updated Terms.

13. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Delaware, U.S.A., without regard to conflict of law principles. Any disputes shall be resolved exclusively in the state or federal courts located in Delaware.

14. General Terms

These Terms constitute the entire agreement between you and Alera. If any part is found unenforceable, the remainder will remain in effect. No waiver of any term will be considered a continuing waiver.

15. Contact Us

If you have questions about these Terms, please contact us at:

Email: contact@alera.fm