Terms of Service

Last updated: May 26, 2026 · Open Audio Creator

Important: These Terms are provided for transparency and platform governance. They are not a substitute for legal advice. Consult qualified counsel in Ghana and other applicable jurisdictions before relying on them for commercial or enforcement decisions.

Agreement to Terms

These Terms of Service ("Terms") are a binding legal agreement between you and Open Audio ("Open Audio", "we", "us") governing access to Open Audio Creator, our websites, APIs, and related services (collectively, the "Platform"). By creating an account, uploading content, or using any part of the Platform, you agree to these Terms and our Privacy Policy. If you do not agree, do not use the Platform.

1. Definitions

Creator — a user who uploads or manages music or related content on the Platform.
User / Listener — any person who accesses content on or through the Platform.
Your Content — audio, artwork, metadata, text, and other material you submit.
Platform Content — software, branding, databases, and materials we own or license.
Infringing Content — content that violates copyright, trademark, privacy, or other rights.

2. Eligibility

You must be at least 18 years old (or the age of majority in your country, whichever is higher).
You must have legal capacity to enter a binding contract.
Creator tools are for individuals and entities who own or control legitimate music rights—not for casual personal file storage.
We may refuse or revoke access where we reasonably believe you cannot meet these requirements.

3. Account Security

You are responsible for all activity under your account.
Keep credentials confidential; notify us immediately of unauthorized access.
We may require identity or rights verification before enabling uploads, claims, or payouts.
One creator may not maintain multiple accounts to evade enforcement, bans, or payout limits.

4. Your Representations and Warranties (Creators)

By uploading or distributing Your Content, you represent and warrant that:

You are the rights holder, or you have obtained all necessary licenses, assignments, and permissions (including from featured artists, producers, songwriters, publishers, and labels).
Your Content does not infringe copyright, trademark, publicity, privacy, or moral rights of any person.
Your Content complies with Ghana law, including the Copyright Act, 2005 (Act 690), and laws of every country where it may be accessed.
You have obtained clearances for samples, beats, loops, cover songs, remixes, and derivative works—uncleared derivatives are prohibited.
All metadata (titles, credits, artwork) is accurate and not misleading.
Your Content is not subject to exclusive deals that prohibit the license you grant us below.

5. License You Grant to Open Audio

You retain ownership of Your Content. You grant Open Audio a non-exclusive, worldwide, royalty-bearing (as described in payout policies), transferable, sublicensable license to host, store, reproduce, adapt (for technical formats), publicly perform, communicate to the public, distribute, display artwork, and promote Your Content solely to operate, market, and improve the Platform. This license ends when Your Content is removed from active distribution, except for reasonable backup copies and records required by law or dispute resolution.

6. Prohibited Conduct — Clear Barriers

You must NOT:

Upload music, podcasts, or files you do not have rights to distribute.
Upload leaks, stolen masters, unauthorized rips, or DRM-circumvented material.
Impersonate artists, labels, or other creators (including false claim of identity).
Use bots, artificial streams, or fraudulent engagement to manipulate analytics or earnings.
Harass, threaten, or dox other users; post hate speech or illegal content.
Upload malware or attempt to hack, scrape, or reverse engineer the Platform.
Circumvent geo-blocks, payout thresholds, or verification requirements.
Re-upload content removed for copyright or policy violations.
Use the Platform primarily as cloud storage unrelated to legitimate music distribution.

7. Copyright Law — Ghana (Act 690) and International Rights

Ghana's Copyright Act, 2005 (Act 690) protects literary, musical, and artistic works, sound recordings, performers' rights, and broadcasting organizations. Authors and performers receive economic and moral rights (including attribution and, where applicable, objection to derogatory treatment). Unauthorized reproduction, distribution, public performance, or communication to the public may result in civil remedies (injunctions, damages, accounts of profits) and criminal penalties under Ghana law. Open Audio respects rights under Act 690, the Berne Convention, TRIPS, and other treaties applicable to works distributed on the Platform.

8. U.S. DMCA Copyright Policy (17 U.S.C. § 512)

If you believe content on the Platform infringes your U.S. copyright, send a written DMCA notice to our designated agent. Your notice must include substantially the following (see 17 U.S.C. § 512(c)(3)):

Physical or electronic signature of the rights owner or authorized agent.
Identification of the copyrighted work claimed to have been infringed.
Identification of the infringing material and information reasonably sufficient to locate it (URL, artist name, track title).
Your contact information (address, telephone, email).
A statement of good-faith belief that use is not authorized.
A statement, under penalty of perjury, that the information is accurate and you are authorized to act.

9. DMCA Designated Agent & Counter-Notice

Designated agent for DMCA notices:
Email: raymondantwi52@gmail.com (subject line: "DMCA Takedown Notice")
Rights holder / agent name and company (if any) must appear in the body of the email.

If your content was removed due to a DMCA notice and you believe the removal was mistaken, you may submit a counter-notification including: (1) your signature; (2) identification of removed material and its prior location; (3) a statement under penalty of perjury that removal was mistaken; (4) consent to jurisdiction of the federal district court for your address (or Ghana if outside the U.S., as applicable); (5) your name, address, and telephone number. We may restore content after 10–14 business days unless the complainant files a court action, consistent with U.S. law.

10. Non-U.S. / Ghana Copyright Complaints

Rights holders in Ghana or other countries may send infringement complaints to raymondantwi52@gmail.com with: proof of ownership, description of the work, location of infringing content on the Platform, and a declaration of good faith. We may remove or disable access pending review and may terminate repeat infringers.

11. Repeat Infringer Policy

In appropriate circumstances, we will terminate accounts of users who are repeat infringers of copyright or related rights. Factors include the number of valid complaints, severity, and failure to cure after warning.

12. Artist Claims and Profile Verification

Claims of artist profile ownership are reviewed using evidence you submit; false claims may result in permanent ban and referral to authorities.
Approval of a claim does not transfer third-party rights you do not own.
We may require additional documentation at any time.

13. Monetization and Earnings

Earnings programs (if offered) are subject to separate thresholds, verification, tax documentation, and anti-fraud review. We do not guarantee any minimum income. We may withhold or reverse payouts connected to invalid plays, infringement, or policy violations. Displayed statistics are for operational purposes and may be adjusted after audit.

14. Platform Role and Disclaimers

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPEN AUDIO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE UNINTERRUPTED SERVICE, ERROR-FREE OPERATION, OR THAT CONTENT WILL ACHIEVE ANY SPECIFIC AUDIENCE OR REVENUE.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OPEN AUDIO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF THE PLATFORM. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) AMOUNTS PAID BY YOU TO US IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100), EXCEPT WHERE LIABILITY CANNOT BE LIMITED BY LAW.

16. Indemnification

You agree to defend, indemnify, and hold harmless Open Audio and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from: (a) Your Content; (b) your breach of these Terms; (c) your violation of any law or third-party rights, including copyright and performer rights under Ghana Act 690; (d) any dispute between you and another user or rights holder.

17. Suspension and Termination

We may suspend or terminate your account immediately for infringement, fraud, illegal activity, or risk to the Platform.
You may stop using the Platform at any time; termination does not erase obligations that accrued before termination.
Provisions that by nature should survive (licenses for already-distributed copies, indemnity, liability limits, dispute resolution) will survive.

18. Dispute Resolution and Governing Law

These Terms are governed by the laws of the Republic of Ghana, without regard to conflict-of-law rules, except where mandatory consumer protection law in your country requires otherwise. You agree to first contact us at raymondantwi52@gmail.com to attempt informal resolution. If unresolved, disputes shall be submitted to the competent courts of Ghana, unless applicable law requires a different forum.

19. Changes to Terms

We may modify these Terms. We will post the updated version in-app and online. Material changes may require renewed acceptance for continued creator uploads. Your continued use after the effective date constitutes acceptance where permitted by law.

20. Contact

General: raymondantwi52@gmail.com
Copyright / DMCA: raymondantwi52@gmail.com
Privacy: raymondantwi52@gmail.com