Terms & Conditions

TINUTU TERMS & CONDITIONS
THIS AGREEMENT (the “contract”) made and entered into this day of ______,
BETWEEN:
_________________________________of _______________________________

You/ The User
(The artist)

AND-

“TINUTU”
(We/us)

BACKGROUND
A. The purpose of this Agreement is for “TINUTU” and “The Artist/you” to agree, follow and operate in accordance with the set of predetermined Regulations written in this Agreement.
B. These Terms of Use (“Terms of Use”) constitute a legal agreement between you and TINUTU (“we,” or “us”) apply to and govern your access to and use of TINUTU, including any and all content, functionality, resources and services offered, service or application made available by TINUTU.
C. By visiting the Site, you agree to be bound by these Terms of Use, as well as the terms of our Privacy Policy, which you can find in our website. If you do not agree with or do not wish to be bound by all of these Terms of Use, please navigate away from the Site and Registering (requesting our services). And don’t post or provide us with any information or use the Site in any manner.
D. We reserve to change these Terms of Use at any time, so please check back often and check the date above to see when they were last updated. By continuing to visit or use the Site, you agree to any such amended Terms of Use.
E. The Site is offered and available to persons who are 13 years of age or older. By using this Site, you represent and warrant that you are of legal age to form a binding contract with TINUTU and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.
F. The Site and all associated content are intended solely for the personal, non-commercial use of our users. All information and materials available via the Site (collectively, “Content”) are protected by copyright, trademark and other applicable laws, and are owned or controlled by us or our licensors.
G. You agree to abide by all copyright and other laws and notices, information and restrictions appearing in conjunction with any Content on or accessed through our Site. The Content may not be copied, downloaded or stored and may not be distributed, publicly performed or otherwise used in any manner, except with our prior written consent or as expressly permitted on the Site itself. No right, title, or interest in or to the Site or any Content on the Site is transferred to you, and all rights not expressly granted are reserved by TINUTU. Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
H. We do not assume any liability or responsibility for the accuracy, actions, products, services, practices, availability or content of any outside resources. You should direct any concerns regarding other sites to their operators.
I. By agreeing with TINUTU’s terms & conditions and privacy policy means that you also agree with the terms & conditions + privacy policy of all 3rd parties we use.:

CDBABY.COM
AFFORDABLESONGLICENSING.COM
ADS.GOOGLE.COM
ARTISTS.SPOTIFY.COM
SERVICE SCOPE AND LIMITATIONS:

I. TINUTU is a Music Services project, established by Emil Khell, covered by VSTLIVE LTD @2017. TINUTU‘s goal is to ease up the process for Artists to build their digital network and make their digital file meet the international standards.

II. TINUTU offers a comprehensive suite of services designed to help Artists establish their presence in the digital music industry.

III. TINUTU’s team contains experienced individuals in the digital music industry, making the Artists digital files in safe hands of professional management whilst taking a 0% commission fee from all earnings.

IV. TINUTU provides publishing administration services to Artists in the digital music industry. TINUTU manages the Artist’s accounts on behalf of the Artist. TINUTU creates & manages the Artist’s accounts in the following platforms:
A. Music distribution: CDBABY
B. Performing Rights Organizations (PRO): BUMA/STEMRA or BMI.
C. Official Artist Profile: Spotify
D. Official Artist Profile: YouTube
E. Strategic Advertising: Google Ads

V. TINUTU simplifies the complex process of correctly establishing the Artist’s digital presence.

VI. TINUTU acts as an authorized representative of the Artist, facilitating administrative tasks on their behalf, such as Distributing, uploading and updating content that is all provided & approved by the Artist, within the limitations set by 3rd party terms of service. The Artist approves by accepting the terms & conditions.

VII. TINUTU offers the following services:

Registration as a Songwriter with a Rights Organization: A rights organization, or performance rights organization, collects and distributes Royalties on behalf of songwriters and composers. By registering as a songwriter with a PRO, you’ll be able to:
1.1 Collect Performance Royalties
1.2 Collect Mechanical Royalties.
1.3 Report your public performances.
1.4 Own an IPI (an IPI is a unique, international identification number assigned to artists/composers etc. It is used to link you to your musical works, and adds you to the Songwriter database.).
Work Registration for Royalty Collection: Song registration is an important step in the process of collecting performance royalties, as it ensures that your music is correctly registered with performance rights organizations (PROs) and that you receive the proper payment for its use.

2.1 Performance Royalties are earned whenever your music is played publicly, for example, at a concert, on the radio, in a restaurant or at a live performance etc.

2.2 Mechanical Royalties are royalties that are generated each time a musical composition is reproduced- streamed or downloaded (Spotify streams, Apple Music, etc..). TINUTU ensures that your music is correctly registered with the Rights Organization for Royalty Collection.

Music Distribution: Music distribution gets your music on Spotify, Apple Music, YouTube, Instagram, TikTok and other 150+ platforms. Once your Music is available on these platforms, revenue starts rolling in as your music is downloaded, streamed and bought. TINUTU doesn’t take any amount from your total revenue. Which means you get to keep 100% of the revenue that is generated from the Distributor (keep note that the 3rd parties take a commission) (CDBaby).
3.1 TINUTU posts an announcement on its social media platforms whenever the Artist’s music is distributed. Such announcements will include the Artist’s name, the Title + the Artwork of the Distributed work, and any other relevant promotional information.
Official Artist Profile – Spotify: Not having a Verified Artist Profile in Spotify means you won’t be able to access or manage your Artist account, which includes your bio, profile and other information. TINUTU is able to verify the Artist’s Spotify profile within days. TINUTU manage the Artist’s Profile on their behalf. TINUTU requests the Artist to send the preferred bio, logo, banner etc. Once Verified, the Artist’s profile also receives a verified badge which separates the Official Artist from other Artists.
Official Artist Channel in YouTube (OAC): Having an Official Artist Channel on YouTube increases your visibility and allows you to organize your own content better. The Artist’s channel will be marked with a musical note symbol to signify that they are indeed an Official Artist.
Cover Song Licensing: In order to legally distribute a song that isn’t an original composition, the Artist must have a license/agreement that grants the Artist permission to release and distribute the work.
Contract/Agreements: TINUTU provides Music Agreements for Artists/ Organizations that are looking for professionally crafted contracts to protect + set their music rights.
Support Team: TINUTU provides a support team to troubleshoot and resolve any issues that may arise.
Ad Campaigns: TINUTU defines a marketing Strategy to maximize the Artist’s growth, performance, statistics. TINUTU runs strategic YouTube ad campaigns with the usage of Google Ads to promote the Artist’s content.
(While we strive to provide accurate and up-to-date descriptions of our services, please note that the information provided may not always be completely accurate or up-to-date. We make no warranties or representations regarding the accuracy, completeness, or suitability of the information provided. Users are encouraged to verify any information or details related to our services independently. We shall not be held responsible for any discrepancies, errors, or inaccuracies in our service descriptions.)
FEE STRUCTURE:
VIII. Payments must be made in full before the commencement of the service. TINUTU will not initiate the provision of services until the payment has been received and cleared.

IX. All payments made to TINUTU are non-refundable if TINUTU had already started with the provision of the requested services by the Artist.

X. Payments can be made through the following accepted methods:
XI. Credit/Debit Card: TINUTU accepts major credit and debit cards for payment processing.
XII. Bank Transfer: Payments can be made through bank transfers directly to TINUTU’s designated bank account.
XIII. The customer is responsible for paying the exact amounts as stated in the fee structure/invoice for the requested services.
XIV. Invoices for the requested services will be provided to the customer, detailing the breakdown of charges and payment instructions.
XV. Any additional services or fees incurred during the provision of services will be communicated to the customer, and payment for such additional services will be required before their initiation.
XVI. TINUTU reserves the right to suspend or terminate services if payments are not made or if there are any issues with payment processing.
XVII. Please note that the above payment methods and policies are subject to change, and it is the Artist’s responsibility to review and comply with the most recent version of the Terms & Conditions regarding payments.
RIGHTS & OWNERSHIP:
XVIII. TINUTU acknowledges that the Artist retains full rights and ownership of their music and related intellectual property. TINUTU does not claim any ownership over the Artist’s music, but acts solely as a publishing administrator.

XIX. TINUTU is authorized to act on behalf of the Artist in performing administrative tasks, such as distribution, registration, and licensing, basically what’s necessary to complete each service, as agreed upon by both parties.

XX. TINUTU does not engage in any actions that could compromise the Artist’s image or reputation without the artist’s consent.

XXI. TINUTU acknowledges that all royalties and revenues (Digital) generated by the Work’s digital Distribution + PRO Registration, shall be solely attributed to the Artist.

LIABILITY:

XXII. TINUTU strives to provide accurate and reliable services, but it does not guarantee specific outcomes or results.

XXIII. TINUTU is not liable for any damages, losses, or expenses incurred by the Artist resulting from the use or inability to use TINUTU’s services or any errors or omissions in the services provided.

XXIV. TINUTU is not liable for any damages, losses, or expenses incurred by the 3rd Party used, but TINUTU does indeed try to contact the 3rd party to solve the situation.

XXV. PRIVACY POLICY: TINUTU respects the privacy and confidentiality of the Artist’s information. TINUTU will exercise reasonable care to ensure the privacy and security of the artist’s personal data. TINUTU’s use of personal data will be limited to the extent necessary to provide the agreed-upon services to the Artist. To read more about our Privacy policy, please go to www.tinutu.com/privacy-policy/

XXVI. TINUTU collects and processes personal data of the Artist for the purpose of providing its services. The Artist acknowledges and agrees to the collection, storage, and use of their personal data by TINUTU. However, TINUTU will not disclose the artist’s confidential information to any third parties if it’s not for the purpose of providing a service unless required by law.

XXVII. The Artist grants TINUTU the authority to access and manage their profiles on the designated platforms for the purpose of providing administrative services.

XXVIII. TINUTU will exercise reasonable care and diligence in managing the Artist’s Profiles but cannot guarantee uninterrupted availability, uninterrupted functionality, or specific outcomes regarding the artist’s career or earnings.

XXIX. The Artist acknowledges that the ultimate responsibility for the content and accuracy of their profiles lies with them. TINUTU relies on the Artist to provide high quality, accurate and up-to-date information.

XXX. TINUTU assumes no responsibility for any disputes, claims, or legal actions arising from the Artist’s use of the platforms or the content uploaded by the artist.

XXXI. The Artist agrees to provide TINUTU with accurate and complete information required, and to promptly inform TINUTU of any changes or updates or legal obligations.

XXXII. The Artist agrees to indemnify and hold TINUTU and its employees, agents, and affiliates harmless from any claims, liabilities, losses, or expenses arising out of any legal action or disputes related to the artist’s profiles or content on the platforms.
GRANT OF RIGHTS:
XXXIII. The Artist hereby grants TINUTU, its successors, licensees, and assigns, the non-exclusive right and license to perform any necessary action to fulfill each service, with respect to the Artist’s content and profiles on the designated platforms.

XXXIV. The Artist grants TINUTU to create the following accounts and represent him:

Our services involve the establishment and management of an email account on behalf of the artist. This email account serves as a central platform for handling project coordination, communication, inquiries, collaborations, and fan engagement for the 3rd parties that we work with.
We create and manage accounts on behalf of the artist with third-party platforms to facilitate various aspects of their professional activities. We administer and manage the Artist’s accounts on platforms like: a Music distribution organization (e.g., CDBABY), a Performing Rights Organization (e.g., BUMA/STEMRA or BMI), Spotify Artists, A licensing company (affordablesonglicensing.com) and more depending on the service.

SETTING:
XXXV. These terms and conditions shall be governed by and construed in accordance with the laws of the jurisdiction where TINUTU is registered.
XXXVI. Any disputes arising out of or in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the courts in the registered jurisdiction of TINUTU.
XXXVII. TINUTU will make reasonable efforts to comply with the terms of service and guidelines of the platforms where the artist’s profiles are managed. However, the artist acknowledges that TINUTU cannot be held accountable for any platform policy violations.
XXXVIII. The Artist agrees to provide TINUTU with accurate and complete information required for managing their profiles and to promptly inform TINUTU of any changes or updates to their profiles or legal obligations.
XXXIX. Any disputes arising out of or in connection with these terms and conditions shall be resolved through arbitration in accordance with the rules of the chosen arbitration authority.
XL. The prevailing party in any legal proceedings related to this agreement shall be entitled to recover reasonable attorneys’ fees and costs.
USER CONTRIBUTONS:
XLI. The Site may include fields for you to voluntarily provide us with information (collectively, “User Contributions”). Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
XLII. You represent and warrant that:

You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not TINUTU, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
XLIII. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS TINUTU AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
REPRESENTATIONS, WARRANTIES AND PROHIBITED USES:
XLIV. You represent, warrant and agree that:
All registration information and other information you submit to us is and will remain truthful and accurate.
Neither your website usage/our work progress nor any of your User Contributions or the use thereof by us or our users in accordance with these Terms of Use will purposefully:
Violate, plagiarize or infringe upon the rights of any third party, including, without limitation, copyright, trademark, privacy or publicity, moral rights, contract or other personal or proprietary rights.
Contain unlawful material.
Constitute false or misleading statements of fact or indications of origin.
Slander, libel or defame any person or entity; or cause injury of any kind to any person or entity; or violate any applicable laws, rules, regulations or other governmental regulations.
You are at least the applicable age of majority in the jurisdiction where you reside and you and possess the legal authority to agree to these Terms of conditions and our 3rd parties’ terms & conditions.
XLV. You agree to and hereby indemnify, defend and hold us, service providers, affiliates, licensors, users, licensees, agents and representatives (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these Terms of Use or the foregoing representations, warranties and covenants, including, without limitation, court costs and attorneys’ fees. You shall cooperate as fully as reasonably required in the defense of any claim and shall not enter into any settlement agreement which affects our rights without our prior written approval. We reserve the right to assume the defense and control of any matter otherwise subject to indemnification by you.
XLVI. You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software)
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
To impersonate or attempt to impersonate TINUTU, a TINUTU employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm TINUTU or users of the Site, or expose them to liability.
Additionally, you agree not to use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.
Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
Use any manual process to monitor or copy any of the material on the Site, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Site.
Introduce to the Site any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site.
Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
Attempt to interfere with the proper working of the Site.
RELIANCE ON INFORMATION:
XLVII. The Content and information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.
XLVIII. This Site may include content provided by third parties. All statements and/or opinions expressed in these materials, and all articles and other material, other than the Content, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of TINUTU. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
XLIX. TINUTU does not provide legal services of any kind. TINUTU’s services, the Site and any form documents available through the Site are not, and are not intended to be, a source of legal advice. You agree that you are not relying on any of the information available through the Site in determining how to conduct your legal affairs. Publication of information through the Site, including form documents, does not constitute the practice of law, and such information and form documents are not legal counsel or advice. You understand that any form documents retrievable through the Site will not be appropriate for all business or legal situations, and should not be relied upon as a substitute for consultation with an experienced attorney.
DISCLAIMER OF WARRANTIES:
L. Your use of our Site is at your sole risk. All information and materials provided via the site are provided “as is.” We make no warranties, express or implied, we cannot guarantee that access to or use of the site or our services will be continuous, uninterrupted, error-free or secure. We expressly disclaim all warranties to the fullest extent of the law.
LIMITATION OF LIABILITY:
LI. We shall not be responsible for any direct or indirect, consequential, special, punitive or exemplary damages or losses incurred in connection with use of, or inability to use, the site or our services or any of the information or materials provided on the site, or any damage or loss, interruptions, errors, defects, or delays in performance/services, regardless of the claim as to the nature of the cause of action, even if advised of the possibility of such damage or loss. Our aggregate liability, to you or any third parties in any circumstance is limited to $100. The foregoing is applicable to the fullest extent permissible under applicable law.
COPYRIGHT INFRINGEMENT:
LII. We take alleged copyright infringement seriously. If you believe that any information or material on our Site constitutes copyright infringement, please send us an e-mail or other written notice that includes the following information:
An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
A description of where the material that you claim is infringing is located on the Site;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

LIII. Our Copyright Agent for notice of claims of copyright infringement on the Site is:

TINUTU has a policy of terminating, in appropriate circumstances and in TINUTU’s sole discretion, Artists who are deemed to be repeat infringers.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a copyright notice. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
PRIVACY POLICY:
LIV. All information we collect on the Site or from our Services (forms/emails etc.) is subject to our Privacy Policy. By using the Site, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy.
RESTRICTED PERSONS:
LV. You represent and warrant to us that you:
are not designated on any sanctions- or export- related list of restricted or blocked persons, including designation on the U.S. Department of the Treasury Office of Foreign Asset Control’s (“OFAC”) List of Specially Designated Nationals and Blocked Persons,
are not located in, organized under the laws of, or resident in any country or territory that is itself the subject of any economic or financial sanctions by any relevant governmental authority, including, but not limited to, Cuba, Iran, Syria, North Korea, Venezuela and the Crimea Region of Ukraine
are not greater than 50% owned or controlled by any persons described in clause (1) or (2), basically a “Restricted Person”), will not violate or cause TINUTU to violate any economic sanctions, including those administered by OFAC, in connection with the Site and will notify TINUTU immediately of any breach of the terms described in clauses through.
MISCELLANEOUS:
LVI. These Terms of Use and the Privacy Policy constitute the entire agreement between you and us with respect to your access to and use of our services + our Site. If any provisions are deemed invalid or unenforceable, they will be severed or construed to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. No waiver of any provision by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision.
LVII. The Site is hosted and operated in the United States and we make no representation that any Content is appropriate for access outside of the United States. Those who choose to access the Site from outside the United States do so on their own initiative and are responsible for compliance with local laws.
LVIII. These Terms of Use shall be construed and enforced in accordance with New York law without regard to any conflict of law provisions and any and all actions in connection with the Site and/or these Terms of Use shall be brought exclusively in the federal or state courts located in New York, New York, U.S.A.
TERMINATION:

LIX. All payments made to TINUTU are non-refundable once TINUTU starts with the provision of the requested services by the Artist.

LX. The artist acknowledges that terminating with TINUTU will subject to a cancellation fee if the Artist requests control to their accounts that were managed by TINUTU. The cancellation fee is intended to cover administrative and processing costs incurred by TINUTU in providing access transfer to the artist. The exact amount of the cancellation fee shall be communicated to the artist at the time of the request for termination or cancellation.

LXI. When the Artist pays the cancellation fee, TINUTU will cease managing the Artist’s profiles and try to take the necessary steps to transfer control back to the artist or their designated representative.

LXII. Either party may terminate the agreement by providing written notice to the other party.

LXIII. TINUTU will not be responsible for any losses or damages incurred by the Artist as a result of the termination of the agreement, including the Artist’s inability to access or manage their profiles on the platforms.

LXIV. The transfer process will be initiated only after the artist has settled the cancellation fee.

LXV. TINUTU shall not be held liable for any delays or issues arising from the transfer of accounts. The artist understands that the transfer process may involve coordination and communication between TINUTU and the service providers.
The cancellation fee and other relevant terms related to termination and account transfer will be detailed to the Artist once the Artist notifies TINUTU about his request of cancellation.

By using TINUTU’s services, the artist acknowledges that they have read, understood, and agreed to abide by these terms and conditions. These terms and conditions constitute the entire agreement between the artist and TINUTU and supersede any prior agreements or understandings, whether oral or written, relating to the subject matter herein.