Terms of Service

Effective Date: 04.01.2026
Last Updated: 04.01.2026

§ 1 Scope, Provider

(1) These Terms of Service ("Terms") govern the contractual relationship between Eternal Media UG (haftungsbeschränkt), Buchenweg 6A, 76761 Rülzheim, Germany (hereinafter "Eternal Media," "we," "us") and the users (hereinafter "User," "you," "Artist") of the music distribution services accessible via eternaldistro.com (the "Service").

(2) Eternal Media UG (haftungsbeschränkt) is registered at the Local Court of Amtsgericht Landau in der Pfalz under HRB 34372. The managing director is Jonas Muths.

(3) These Terms apply exclusively. Deviating, conflicting, or supplementary general terms and conditions of the User shall not become part of the contract unless Eternal Media expressly agrees to their application in writing.

§ 2 Subject of the Contract, Registration

(1) Eternal Media provides a technical platform that enables Users to upload musical audio works and associated metadata ("Content") and to instruct Eternal Media to distribute this Content to selected digital music stores and streaming services (e.g., Spotify, Apple Music) ("Stores"). Eternal Media facilitates the collection of royalties generated from this distribution ("Earnings") and forwards them to the User, minus any agreed fees.

(2) The prerequisite for using the Service is the creation of a user account. Registration is only permitted for individuals who have reached the age of 18 or for legal entities. Minors aged 16 or 17 may only register with the prior, verifiable consent of their legal guardians.

(3) The User is obliged to provide complete and truthful information during registration and to keep this information up to date at all times. The User is responsible for keeping their access credentials confidential and for all activities conducted under their account.

§ 3 Granting of Rights, User Warranties

(1) The User retains all copyrights and related intellectual property rights to their Content.

(2) To fulfill the contract, the User grants Eternal Media the non-exclusive, transferable, worldwide right, limited in time to the duration of this agreement, to reproduce, make publicly available, distribute, and otherwise use the Content to the extent necessary for distribution to the Stores selected by the User, for the collection of Earnings, and for the marketing of the Service (e.g., in promotional playlists on the Eternal Media website). This includes the right to use the artist name, track titles, and cover art for these purposes.

This license specifically includes the right to:

a) Use your Content in advertising materials, social media, and promotional campaigns;
b) Include your Content in showcase playlists and compilations;
c) Use your Content for platform demonstrations and presentations;
d) Sublicense rights to promotional partners for playlist placements.

These rights shall continue for 90 days after account termination for marketing materials already created.

(3) Essential Warranty: The User expressly warrants and represents for each item of Content uploaded that:

a) They are the sole and exclusive owner of all necessary rights to the Content (including the master recording, the underlying musical composition, and any lyrics), or are fully authorized by all rights holders to grant the rights under section (2).
b) The Content does not contain any unauthorized samples, loops, or other third-party content whose use has not been legally cleared. The User is aware of the strict rulings of German courts (e.g., "Metall auf Metall") regarding sampling.
c) All provided metadata (composer, author, publisher, performer information, etc.) is accurate and complete.
d) The Content is not unlawful, defamatory, or in violation of third-party rights.

(4) If a claim is made against Eternal Media by a third party due to an alleged infringement of rights by the User's Content, the User is obliged to immediately provide all information necessary for legal defense and to indemnify Eternal Media from all costs and damages.

§ 4 Fees, Payment Processing, and Payouts

(1) The use of the Service is subject to the fees listed on the current price list on the website (subscription fees, distribution fees, etc.). All prices are inclusive of statutory German value-added tax (Umsatzsteuer).

(2) Fees are due immediately upon invoicing and are collected via the payment method stored by the User. Access to the Service may be suspended in case of late payment.

(2a) Non-Refundable Fees: Activation and setup fees for your account are non-refundable and are due even if you ultimately do not use your account, regardless of the reason. Subscription fees are charged in advance for the selected billing period and are non-refundable, even in the event of early termination by the User. No pro-rata refunds will be issued for unused portions of a subscription period.

(2b) Non-Refundable Distribution Fees: Distribution fees and any one-time service fees are non-refundable once the order has been placed, as processing begins immediately upon order confirmation.

(3) Eternal Media collects Earnings from the Stores and makes them available to the User in a digital statement. A payout to the User requires that the accumulated Earnings exceed a minimum threshold (payout threshold), which is communicated on our website and via email. Payouts are made via a payment method offered by Eternal Media.

(4) Eternal Media is entitled to withhold and offset Earnings in the event of a justified chargeback by a Store, a reasonable suspicion of fraud or artificial stream manipulation, or to cover due fees or claims for damages by Eternal Media against the User.

(5) The User is solely responsible for declaring and paying any income or trade tax due on the Earnings in their country of residence.

(6) Chargeback Policy: If a User initiates a chargeback or payment dispute with their bank or payment provider, Eternal Media reserves the right to immediately suspend the User's account pending investigation, withhold all pending payouts until resolution, and terminate the account if fraud is determined or in the event of repeated chargebacks. The User is liable for all costs and damages arising from chargebacks.

§ 5 Term and Termination

(1) Contracts with a subscription model run for the selected subscription period and are automatically renewed for an identical period unless terminated by the User with a notice period of 14 days before the end of the current period.

(2) The right of both parties to terminate for good cause remains unaffected. An important reason for Eternal Media exists in particular if the User seriously breaches these Terms (especially the warranties in § 3), becomes insolvent, or if there is concrete evidence of fraudulent activity.

(3) Upon termination, Eternal Media will instruct the Stores to take down the User's Content. Due to technical processes of the Stores, a certain delay may occur. The license granted under § 3 terminates upon termination of the contract. Eternal Media will pay out any undisputed Earnings exceeding the payout threshold after deducting all claims.

§ 5a Inactive Accounts

(1) A User account is considered inactive if no login, upload, or payout request occurs over a period of 24 consecutive months. Eternal Media reserves the right to terminate inactive accounts after providing reasonable notice to the registered email address.

(2) After account deletion, all data, files, and account information are irrevocably lost; recovery is not possible.

§ 6 Liability

(1) Eternal Media provides the Service with the greatest possible care. However, liability for slightly negligent breaches of duty is excluded, unless they concern essential contractual obligations (cardinal duties), life, body, or health.

(2) Liability for breaches of essential contractual obligations is limited to the typically foreseeable damage at the time of contract conclusion. The above limitations of liability do not apply in cases of intent, gross negligence, or under the German Product Liability Act (ProdHaftG).

(3) Eternal Media is not liable for the uninterrupted availability of the Service, for delays in distribution or reporting by the Stores, or for decisions by Stores to remove Content.

§ 7 Right of Withdrawal and Refund Policy

7.1 For Consumers in the European Union (EU) and the United Kingdom (UK)

(1) Withdrawal Right: If you are a consumer, you have a statutory right to withdraw from this contract within 14 days without giving any reason.

Withdrawal Policy (Widerrufsbelehrung)

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day of the conclusion of the contract.

To exercise the right of withdrawal, you must inform us,

Eternal Media UG (haftungsbeschränkt)

Buchenweg 6A, 76761 Rülzheim, Germany

Email: legal@eternaldistro.com

of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

(2) Effects of Withdrawal: If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

(3) Early Loss of Withdrawal Right (Digital Content): However, you expressly agree and acknowledge that by requesting the immediate distribution of your music to our digital partner stores (e.g., Spotify, Apple Music, etc.), the service begins immediately. Therefore, you will lose your right of withdrawal once we commence the distribution process at your direction. No refund will be available for services once performance has begun with your consent.

(4) Written Form Requirement: Withdrawal requests must be submitted in writing via email to legal@eternaldistro.com or by post. Telephone requests cannot be processed.

By submitting your Content for distribution and confirming your order (whether by clicking 'Submit', 'Distribute', or similar confirmation), you expressly request that Eternal Media begins the distribution service immediately. This confirmation constitutes your consent and acknowledgment that you will lose your right of withdrawal once we commence the distribution process.

7.2 For Consumers in the United States and Other Regions

All fees paid for subscription services, distribution services, and any additional features are final and non-refundable once payment is processed. This includes but is not limited to: subscription fees, per-release fees, fast-track distribution fees, and promotional service fees. Refunds are only issued at our sole discretion in exceptional circumstances, such as a verifiable technical failure on our part that prevents service delivery.

7.3 For Consumers in Australia

(1) Our services come with guarantees that cannot be excluded under the Australian Consumer Law (ACL). You are entitled to a refund or replacement for a major failure.

(2) If there is a major failure with our service, you may be entitled to:

Cancel the service and receive a refund for any unused portion, or
Receive compensation for any drop in value of the services provided.

(3) For minor failures, we will provide a remedy within a reasonable time. Nothing in these terms excludes, restricts, or modifies any consumer rights under the ACL.

(4) Outside of these statutory guarantees, all sales are final once distribution has begun.

7.4 Express Commencement of Service; Waiver by Submission or Payment

By submitting Content for distribution (for example by using the distribution function of our platform) or by paying the applicable fees for a distribution order, you expressly request that Eternal Media commences distribution immediately and expressly consent to the commencement of performance before the expiry of any statutory withdrawal period. You acknowledge that you thereby lose any statutory right of withdrawal to the extent permissible by applicable law (including §312g Abs. 2 Nr. 1 BGB for EU consumers). Eternal Media will retain objective evidence of the submission/payment and of the distribution start. Fees charged after the start of performance are non-refundable except where otherwise required by applicable consumer protection law.

§ 8 Data Protection

The protection of your personal data is important to us. All data processing is carried out in accordance with the EU General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). The specific details on the type, scope, and purpose of the collection and use of personal data can be found in our separate Privacy Policy (Datenschutzerklärung), which is an integral part of this agreement.

§ 9 Final Provisions

(1) Amendments or supplements to these Terms must be made in writing. This also applies to the waiver of this written form requirement.

(2) Should any provision of these Terms be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic intent of the invalid provision.

(3) The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(4) The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is, provided you are a merchant, a legal entity under public law, or a special fund under public law, the registered office of Eternal Media UG (haftungsbeschränkt) in Rülzheim.

(5) The language of the contract is English.

§ 10 Online Dispute Resolution

Note: The European Commission's platform for online dispute resolution (OS-Plattform) was discontinued on July 20, 2025. The link is no longer available.

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (Verbraucherschlichtungsstelle). Our contact details can be found in our legal notice (Impressum).

§ 11 Artificial Intelligence and Machine Learning

(1) The User agrees that Eternal Media and its partner Stores may use Content metadata (such as genre, mood, tempo, and other descriptive information) and anonymized, aggregated usage data for machine learning and artificial intelligence purposes. This includes, but is not limited to, the development and improvement of recommendation algorithms, content discovery features, and platform optimization.

(2) This provision does not grant any rights to the musical content itself (i.e., the sound recordings or compositions) beyond those specified in § 3. The use of metadata and anonymized data for AI/ML purposes does not constitute a transfer of copyright or neighboring rights.

(3) Eternal Media will ensure that any AI/ML processing of data is conducted in compliance with applicable data protection laws, including the GDPR.

§ 12 Stream Manipulation and Artificial Plays

(1) Definition: Stream manipulation includes, but is not limited to:

The use of bots, automated software, or scripts to artificially inflate play counts
The use of click farms or stream farms
Payment for playlist placement that guarantees a specific number of streams
The use of services that offer "guaranteed streams" or "play count boosting"
Any method designed to artificially inflate play counts, followers, or engagement metrics
Incentivizing plays through payment, rewards, or other consideration

(2) Consequences: Violation of this provision may result in:

Immediate termination of the User's account without prior notice
Withholding of Earnings pending investigation by Stores
Removal of all User Content from the Stores
Legal action to recover damages, including legal fees and costs
Reporting to relevant authorities and industry organizations

(3) Eternal Media reserves the right to cooperate with Stores in investigating suspected stream manipulation and to share relevant User data with Stores for this purpose.

§ 13 Force Majeure

(1) Neither party shall be liable for any failure or delay in performing their obligations under this agreement if such failure or delay results from circumstances beyond the reasonable control of that party ("Force Majeure Event").

(2) Force Majeure Events include, but are not limited to:

Natural disasters (earthquakes, floods, hurricanes, etc.)
War, armed conflict, terrorism, or civil unrest
Pandemics, epidemics, or public health emergencies
Government actions, laws, regulations, or embargoes
Technical failures of third-party Stores or infrastructure providers beyond our control
Cyberattacks, including DDoS attacks on our systems or those of our partners
Strikes, labor disputes, or work stoppages (except those involving the affected party's own employees)

(3) The affected party shall notify the other party as soon as reasonably practicable of the Force Majeure Event and its expected duration. Performance obligations shall be suspended for the duration of such circumstances. If a Force Majeure Event continues for more than ninety (90) days, either party may terminate this agreement without liability.

§ 14 Promotions and Special Offers

(1) From time to time, Eternal Media may offer promotional discounts, trial periods, or special offers ("Promotions"). Each Promotion is subject to its specific terms and conditions, which will be communicated at the time of the offer.

(2) Unless otherwise stated, Promotions:

Cannot be combined with other offers or discounts
Are limited to one per User or household
May be withdrawn or modified at any time without prior notice
Are non-transferable and have no cash value
Require a valid payment method on file

(3) Eternal Media reserves the right to revoke Promotional benefits if there is evidence of abuse, fraud, or violation of the Promotion's terms.

(4) After a Promotional period ends, standard pricing as listed on the website will apply. Users will be notified before any charges are made.

§ 15 Distribution Timeframes

(1) Eternal Media endeavors to submit Content to the selected Stores within 3-5 business days of successful upload and approval. This timeframe begins only after:

The Content has been fully uploaded and all required metadata has been provided
The Content has passed Eternal Media's quality and compliance review
Any applicable fees have been paid

(2) Actual availability of Content on individual Stores depends on each Store's individual processing times, which are outside of Eternal Media's control. Typical Store processing times range from 1 to 14 business days but may vary.

(3) Eternal Media does not guarantee specific release dates unless expressly confirmed in writing. For time-sensitive releases (e.g., album launch dates, promotional campaigns), Users are strongly advised to upload Content at least four (4) weeks in advance.

(4) Eternal Media shall not be liable for any damages arising from delays in Content availability, whether caused by our processing times, Store processing times, or technical issues.