Terms of Use
Version 1.0 · Updated 26 de June de 2026
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Thank you for your interest in UXEM Entertainment Group S.A.S. as your digital music distributor. We hope you enjoy our service and achieve great success in your music career. Please read these terms carefully, as they constitute a binding agreement between you (referred to in these terms as the “User” or “Artist”) and us (referred to in these terms as UXEM Entertainment Group S.A.S.), and they become effective when you register on the platform available at https://uxem.com.co (the “Platform”).
Formally, the service provider and party responsible for the Platform is UXEM Entertainment Group S.A.S., a simplified joint-stock company (Sociedad por Acciones Simplificada) duly incorporated and existing under the laws of Colombia, with its registered office in Medellín, Antioquia, Colombia. Its registered address is available in the Commercial Registry of the Medellín Chamber of Commerce. Its tax identification number is 901811705-2, and it is registered in the Commercial Registry of Medellín. Our contact information can be found in the “Support” section of the Platform.
The services of UXEM Entertainment Group S.A.S. are provided in accordance with:
The Terms of Use set out in this document.
The Privacy Policy available in the Legal section of your Account.
The Anti-Fraud Policy available in the Legal section of your Account.
Upon registration, you must provide and complete all information required in the “My Account” section of the Platform, as it is necessary to establish the contractual relationship between us. We have drafted these Terms of Use as clearly as possible; however, if you have any questions or concerns, please contact us through the available communication channels.
Table of Contents
Definitions
General Terms; Access to and Use of the Services
User Rights and Obligations
Fees and Payments
Term and Termination
Intellectual Property Rights
Anti-Fraud Policy
Privacy and Data Protection
Warranties and Limitation of Liability
General Provisions
1. Definitions
To facilitate the understanding of these Terms of Use, the following expressions shall have the meanings set forth below:
“Customer” means any individual who accesses or uses a Digital Music Service (DMS).
“Digital Distribution” means the delivery, by any means of data transmission or communication, through the Internet, online radio, kiosks, mobile, wireless, satellite, and similar communication systems, whether now known or developed in the future, of User Content in multiple digital formats, including, without limitation, clips, permanent downloads, subscriptions, streams, temporary downloads, ringtones, ringback tones, and any other digital means.
“Digital Music Service” or “DMS” means any digital medium, including music download portals, music and video streaming services, mobile music platforms, digital (and terrestrial) radio stations, television networks, and mobile networks (such as Apple Music, Spotify, Tidal, YouTube Music, Deezer, Amazon Music, etc.) that enables Customers to purchase and/or listen to User Content.
“User” or “Artist” means you, whether you are an artist, composer, author, producer, agent (including royalty owners), rights holder, or any other person authorized and entitled to exploit certain musical works (including both compositions and sound recordings) and to use the Platform or any portion thereof.
“User Content” means all intellectual property works, including, without limitation, musical works, sound recordings, music videos, ringtones, lyrics, logos, artwork, and photographs, in respect of which the User holds the necessary exploitation rights, including related rights.
“Platform” means the digital music distribution platform available at https://uxem.com.co and its designated subdomains.
“Service” means the service we provide through the Platform to make User Content available on Digital Music Services (Digital Distribution Services).
2. General Terms; Access to and Use of the Services
2.1 Access to the Platform
During the term of this agreement and subject to your compliance with these Terms of Use, you have the right to access the Platform and use the Service provided by us through it.
2.2 Platform Features
The Platform’s features include, without limitation:
Uploading User Content to the Platform for distribution through Digital Music Services.
Selecting the channels, territories, and Digital Music Services on which you want your Content to be made available.
Optional services, including quality control, distribution, updates, and storage.
Direct payment of the applicable fees for the services purchased.
Hosting of User Content.
Encoding, transforming, and delivering User Content to Digital Music Services.
Updating distributed releases.
Removing Content.
Assigning industry-standard codes (ISRC, UPC, ISWC).
Accessing sales and usage reports for User Content on Digital Music Services.
Requesting payment of royalties generated by User Content.
Administration and management of related rights.
We reserve the right to add new features or remove any of the Service’s features, and to modify the design, appearance, or presentation of the Platform and the Service. If you are dissatisfied with the resulting changes, you may terminate the contractual relationship on the terms described in this document.
2.3 Platform-by-Platform Exclusivity
When you use our Service to distribute your Content through a specific Digital Music Service, you agree not to distribute the same Content to that same Digital Music Service through another distributor or aggregator. This exclusivity restriction applies only to each DMS selected.
You remain free to exploit your Content directly or through third parties on Digital Music Services that have not been selected through our Platform.
3. User Rights and Obligations
3.1 General Obligations
By registering and uploading your Content to the Platform, you undertake to:
Use the Platform diligently and upload only information and Content that you own or for which you are duly authorized by the relevant rights holder.
Provide all information necessary to use the Service.
Pay all applicable fees for the Services provided under your selected plan.
Inform us of any activity incompatible with these Terms of Use.
Indicate through the Platform whether your material contains “explicit” content, including content with sexual or violent connotations, offensive language, or any other material requiring a warning.
Refrain from carrying out illegal activities through the Platform or the Services, or taking any actions that may harm any person or entity, including us.
3.2 Proper Use of the Platform
You agree to:
· Not grant access to the Platform to unauthorized third parties.
· Not access the Platform’s source code.
· Not use the information, rules, or instructions contained on the Platform for purposes other than those set out in these Terms of Use.
· Not disclose to third parties any information obtained through the Platform without authorization.
· Not permit unauthorized public use of or access to the Platform.
· Not use the Platform to upload Content that you do not own or for which you do not hold an explicit commercial exploitation license.
· Not reproduce, copy, and/or distribute the Platform, in whole or in part.
· Not create any form of framing or mirroring of the Platform on any other server or device.
· Not transfer, assign, sell, resell, rent, lease, sublicense, or otherwise transfer the Platform and/or the Service to third parties.
· Not modify the Platform or reverse engineer, disassemble, decompile, or otherwise alter the Platform, unless expressly permitted by applicable law.
· Not circumvent technological protection measures incorporated into the Platform.
3.3 Liability for Breach
You shall be liable to us for any breach of these Terms of Use, as described in Section 9.
3.4 Uploading and Storage of Content
After registration, you may upload your Content, including sound recordings, audiovisual works, photographs, images, and other related content, to your personal account for subsequent Digital Distribution.
3.5 Rights in Content
You may upload only Content that you own or for which you have written permission from the relevant rights holders. You may not upload any Content whose rights are held by third parties without the appropriate authorization.
We may ask you to provide all documents, agreements, and registration certificates necessary to confirm that you hold the rights to your Content. We reserve the right to request that you refrain from distributing Content by a particular author or producer, or to remove any of your Content from the Platform if we have legal grounds to believe that it does not belong to you or infringes third-party rights.
3.6 Prohibited Content
Under no circumstances may you upload or submit Content that:
· Is harmful, threatening, unlawful, confidential, defamatory, harassing, obscene, indecent, or fraudulent.
· Infringes the privacy or intellectual property rights of third parties.
· Incites hatred or includes racist, discriminatory, or ethnically offensive content.
· Is directed against, obstructs, or restricts any individual in any way.
· Exposes us or third parties to any harm and/or liability of any kind.
3.7 Private Information
You may not upload private or false information relating to third parties, including, without limitation, postal addresses, email addresses, and telephone numbers, without authorization.
3.8 Copyright and Trademarks
You may not upload Content that infringes copyright laws, trademark rights, or any other intellectual property rights of third parties.
3.9 Global Non-Exclusive Distribution
You remain free to exploit your Content directly or through third parties on Digital Music Services that are not selected or available through our Platform.
3.10 Right of Monitoring
We reserve the right to access and review all or part of your Content to ensure compliance with the law and these Terms of Use. We also reserve the right to remove files, data, or information uploaded by you if we determine that they do not comply with these Terms of Use, or if we believe they are unsuitable or inappropriate for the Platform or the Service.
3.11 No Minimum Quantity Obligation
These Terms of Use do not establish any obligation for you to upload a minimum amount of Content and/or maintain a minimum level of Content availability.
4. Fees and Payments
4.1 Plans and Commissions
When using the Service, you must pay the fees applicable to the plan you have selected, which may be reviewed at any time in the “Plans and Pricing” section of the Platform.
Depending on the plan selected, you will receive a percentage of the net revenue, after deduction of expenses and taxes, that we receive from Digital Music Services for the exploitation of your Content. The applicable sales commission percentage varies according to the plan selected and is detailed in the “Plans and Pricing” section.
Service fees, the sales commission percentage, and the minimum payment threshold are available on the Platform in the “Statistics > Balance” section.
4.2 Payment Methods and Terms
All payments:
· Shall be managed through the “Statistics > Balance” section of the Platform.
· Shall be made in the currency indicated by us.
· Shall be paid through PayPal, bank transfer, or other enabled payment methods to the account designated by you.
If any tax authority imposes a tax, levy, or charge on you, you agree to pay such amount or provide the corresponding exemption documentation.
Payment of sales generated under these Terms of Use shall be made monthly following receipt of your payment request, provided that the applicable amount exceeds the minimum payment threshold established for your plan.
We reserve the right to withhold any payment for an additional period of six to twelve (6-12) months if that payment includes revenue or fees generated, in whole or in part, through fraud or in breach of these Terms of Use or the Anti-Fraud Policy. Any payment you receive from us shall be subject to all applicable taxes, including VAT, withholding taxes, and similar charges.
Payment of an invoice shall not prevent us from subsequently challenging the invoiced amounts in accordance with the rights set out herein. We may recover amounts owed to us by withholding such amounts from any future payment, provided that we notify you in advance.
4.3 Adjustments and Deductions
If a Digital Music Service deducts any amount in connection with contingencies, overpayments, or determinations relating to your Content, or if an investigation conducted by us reasonably demonstrates that any of your revenue for a prior month should have been lower, we may, upon completion of such investigation and at our sole discretion, issue a revised sales report for the applicable month or months and deduct the corresponding amount from future payments.
4.4 Collection Authorization
You expressly and irrevocably authorize us to collect all revenue derived from the exploitation of your Content through the Platform, including, without limitation, copyright, performance and sound recording rights, phonogram producer rights, statutory levies for private copying, and any other related amounts without limitation.
For this purpose, we may ask you to sign a specific letter of authorization requested by the relevant Collective Management Organization, which you agree to provide as soon as it is requested.
4.5 Invoicing
We will make the corresponding invoices and receipts available to you, including mandatory taxes, in accordance with applicable regulations.
4.6 Changes to Fees
We reserve the right to change the price of the Service, the sales commission percentage, or the minimum payment threshold in the future. The new terms will be notified to you at least thirty (30) days before their effective date and will apply to future revenue.
4.7 Services on Credit
We may decide not to charge you initially for the use of the Service and any optional service; however, you authorize us to deduct the corresponding amounts from your future payments.
If, after one year from the start of the contractual relationship, you have distributed your Content on a credit basis without generating sufficient sales to repay the outstanding balance, we reserve the right to request payment of the outstanding balance.
4.8 Refund Policy
UXEM does not issue refunds for subscription fees already paid, except in the following exceptional cases:
(a) Technical error attributable to UXEM. If a charge is duplicated or made for an incorrect amount, UXEM will issue a refund within ten (10) business days after verifying the error, using the same payment method originally used.
(b) Cancellation within the grace period. If the User cancels their subscription within the first five (5) calendar days from the date of the first charge and has not distributed any Content during that period, the User may request a full refund of that charge.
(c) Discontinuation of the Service by UXEM. If UXEM decides to discontinue the Platform, the unused portion of the paid plan will be refunded on a pro rata basis.
To request a refund under any of the foregoing cases, the User must send the request to soporte@uxem.com.co within fifteen (15) calendar days following the event giving rise to the right, attaching the corresponding proof of payment.
Revenue or royalties pending payment do not constitute refunds and shall be governed exclusively by Sections 4.2 and 4.3 of these Terms.
5. Term and Termination
5.1 Term of the Agreement
The term of our contractual relationship is indefinite. It will begin when you register on the Platform and expressly accept these Terms of Use.
You or we may choose to terminate the Service at any time by giving thirty (30) days’ prior notice from the date of notification.
In the event of termination, you must pay all outstanding amounts within a maximum period of five (5) days from the date of notification. Otherwise, we will transfer any remaining positive balance to you, as applicable.
Before requesting termination, you must remove your Content from DMSs by using the “Take Down” feature available on the Platform. In addition, in the event of termination, you authorize us to suspend your account, block access, and delete all files and information uploaded by you to the Platform.
Termination shall not affect the rights and obligations accrued by the parties as of the date of termination.
5.2 Termination by Us
In addition, we may terminate our relationship and the Service in the following cases:
· If you breach any term or condition established by us, whether in this document or in any other document accepted by you, and fail to cure such breach within two (2) days after the date of our notice.
· If any outstanding balance is not paid in accordance with Section 4.7.
· If you become subject to any proceeding relating to your liquidation or insolvency, whether voluntary or involuntary, that is not dismissed within sixty (60) calendar days.
· If you infringe our Intellectual Property Rights.
· If you breach our Anti-Fraud Policy.
· If you engage in any illegal activity through the Platform or the Service.
5.3 Amounts Owed
In all cases of termination, all costs owed for any service provided by us up to the termination date must be paid by you.
5.4 Limitation of Liability Upon Termination
We shall not be liable to you for damages of any kind resulting from the termination of our relationship in accordance with these Terms of Use. The rights and obligations contained in sections which, by their nature, are intended to survive shall survive termination of this relationship.
Notwithstanding termination of the Service, you and we agree to keep in force any agreements entered into with third parties before receipt of the termination notice, provided that such third-party agreements remain in force.
6. Intellectual Property Rights
6.1 Ownership of the Platform
Nothing contained in this document shall be construed as granting you any ownership right in the Platform or any part thereof. Under these Terms of Use, we do not grant you the right to exploit our intellectual property rights, including copyrights, patents, trade names, trademarks, trade secrets, confidential information, and any other rights.
All such rights are expressly reserved by us. Accordingly, we shall retain all ownership rights in the Platform, our brands, technology, and related materials, together with all complete or partial copies thereof.
6.2 License to User Content
When you upload any of your Content to our servers through the Platform, you acknowledge and warrant that:
· You authorize us to administer, directly or through third parties, your Content, including recordings, videos, compositions, artwork, and related materials, through the Digital Music Services selected by you, worldwide and for the duration of our relationship, including as provided in Section 5.4.
· You own and/or control all rights in and to your Content and/or have the full right and authority to upload your Content and exploit it under the terms described in this document.
· Your Content does not infringe copyright or any other third-party right.
· During the term of this agreement, you authorize us to grant synchronization licenses for your Content to third parties worldwide.
6.3 Creative Commons Licenses and Collective Management
If any of your Content uses any type of “Creative Commons” or similar license, and such Content was created or developed by a person, including artists and producers, who is not affiliated with any collective rights management society, such as SAYCO in Colombia, SACEM in France, SGAE in Spain, or similar organizations in any country, you authorize us, where applicable, to claim on your behalf from the collective rights management society in each country any royalties, levies, or rights that Digital Music Services have paid in connection with such Content.
6.4 Phonogram Producer and Record Label
Through the Platform, you must indicate the name of the record label associated with the phonogram producer for each release or phonogram you intend to distribute through the Platform.
If you distribute your Content using any “Public Label Name” available on the Platform, you agree and authorize us to:
· Facilitate the assignment by you and the acquisition by us of the reproduction rights and public communication rights in your Content, including sound recordings and music videos, distributed through the Platform.
· Claim on your behalf, where applicable, from the Collective Management Organization (CMO) in each country any rights, levies, or obligations collected in connection with such Content.
7. Anti-Fraud Policy
7.1 Anti-Fraud Commitment
We work diligently and invest substantial resources to prevent automated and fraudulent activity. For this reason, we have created a specific Anti-Fraud Policy, which is available in the “Legal” section of your account.
When you accept these Terms of Use, you also acknowledge and accept our Anti-Fraud Policy. Among other obligations, you agree not to authorize any third party to generate, directly or indirectly, fraudulent, automated, or invalid plays, particularly on Digital Music Services.
7.2 Warning System
We have implemented a progressive warning policy, commonly referred to as a strike system. Please read the Anti-Fraud Policy carefully, as we will apply it strictly. Repeated non-compliance may result in immediate termination of the Service.
8. Privacy and Data Protection
8.1 Privacy Policy
Our data protection practices are described in the Privacy Policy. The Privacy Policy forms an integral part of our relationship and, therefore, when you accept these Terms of Use, you also acknowledge and accept our Privacy Policy, which is available to you in the “Legal” section of your account.
9. Warranties and Limitation of Liability
9.1 Limited Warranty
We cannot guarantee that the Platform and the Service will meet all of your expectations. Except as expressly provided in these Terms of Use, we provide the Services and the Platform on an “as is” basis and without any additional warranty.
We disclaim all other warranties, whether express or implied, including warranties of non-infringement, merchantability, and fitness for a particular purpose.
The Platform cannot be tested in every possible operating environment. Accordingly, we do not warrant that the functions contained in the Platform will meet all of your requirements, that operation of the Platform will be uninterrupted, or that the Platform will be error-free.
Except as set out herein and to the extent permitted by law, all other warranties, whether express or implied, statutory or otherwise, including warranties of merchantability, quality, and fitness for a particular purpose, are excluded.
9.2 Indemnification
You shall assume full responsibility for, defend, indemnify, and hold harmless us and third parties from and against any liability arising from your use of the Platform and the Service, including any claim arising from infringement of third-party rights by Content you upload to the Platform.
9.3 Limitation of Liability for Damages
Our liability under or in connection with the Platform and the Service, including damages, whether arising from negligence, breach of contract, or otherwise, shall be limited to the amount of fees paid by you to us during the twelve (12) months preceding the claim.
9.4 Exclusion of Indirect Damages
We shall not be liable for any loss, whether arising directly or indirectly from:
· Loss of profits.
· Loss of savings.
· Loss of goodwill.
· Reputational damage.
· Loss of revenue.
· Loss of anticipated savings.
· Loss of business or business opportunities.
· Any other economic loss.
Nor shall we be liable for any indirect, consequential, or incidental loss or damage of any nature, whether arising from breach of contract, warranty, tort, strict liability, negligence, or otherwise, even if advised of the possibility of such loss or damage, or if such loss or damage could reasonably have been foreseen.
9.5 Respect for Third-Party Rights
We respect third-party rights, including copyrights, image rights, personality rights, and similar rights, and expect our users to do the same.
In accordance with applicable laws governing the liability of internet service providers, we will act promptly to remove or disable access to material uploaded by Platform users that is alleged to infringe third-party rights once we receive proper notice of such infringement.
10. General Provisions
10.1 No Assignment
You may not assign your account or any interest in it to any third party, including companies within your corporate group, without our prior written consent.
10.2 Severability
If any provision of this agreement is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permitted, and the remaining provisions of this agreement shall remain in full force and effect.
10.3 Promotional Services
We are under no obligation to carry out any online promotion and/or marketing of your Content under these Terms of Use. However, we may offer additional promotional services that you may purchase separately.
10.4 Notices
Any notice that you or we are required to give in connection with the performance and administration of these Terms of Use shall be sent by email to the addresses specified in your Platform account and, in the case of notices to us, to:
UXEM Entertainment Group S.A.S.
Calle 92c, #66-16, Office 201
050042 Medellín, Colombia
Email: soporte@uxem.com.co
10.5 Amendments
We may amend these Terms of Use, the Anti-Fraud Policy, the Privacy Policy, or any other legal document from time to time. The new terms will replace previous versions.
We will notify you at least ten (10) days before the effective date of any such amendment. Your continued use of the Service and/or the Platform after the effective date of such amendment will be construed by us as your consent to any such amendment.
Our failure to enforce any provision of these Terms of Use, the Anti-Fraud Policy, or any other legal document at any time shall not constitute a waiver of that provision or any other provision.
10.6 Confidentiality
If we provide you with any type of information, including, without limitation, Platform statistics, performance indicators, marketing materials, and similar information, you agree to treat such information as confidential. Under no circumstances may it be used, whether for your benefit or for the benefit of third parties, disclosed, transmitted, or made public by you without our prior written consent.
10.7 Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Colombia.
Any dispute, controversy, or claim arising out of or relating to this agreement and any subsequent amendment thereto, including, without limitation, its formation, validity, binding effect, interpretation, performance, breach, or termination, as well as non-contractual claims, shall be referred to and finally determined by arbitration in accordance with the WIPO Arbitration Rules of the World Intellectual Property Organization.
The arbitral tribunal shall consist of a sole arbitrator. The place of arbitration shall be Medellín, Colombia. The language to be used in the arbitral proceedings shall be Spanish.
However, if local regulations establish any limitation based on the nature of the User, any claim or action between the parties shall be resolved by the courts of Medellín, Colombia.
By registering on the Platform and using our Services, you confirm that you have read, understood, and accepted these Terms and Conditions of Use in their entirety.
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