Terms of Use

Welcome to Overtone Distribution ("Overtone", "we", "our" or "us").

Overtone is an Africa-focused music distribution and technology company providing independent artists, record labels, music businesses and rights holders with access to digital music distribution, technology, artist services and commercial opportunities.

These Terms of Use govern your access to and use of our website, digital platforms, services and related products.

By accessing our website or using our services, you agree to these Terms. If you do not agree, you should discontinue use of our services.

Overtone may provide services including:

• Digital music distribution to streaming and digital service platforms.
• Artist, label and independent music business services.
• Music catalogue management and administration.
• Rights management and intellectual property support.
• Music publishing and licensing opportunities.
• Commercial partnerships and catalogue investment opportunities.
• Technology and digital infrastructure supporting the music industry.

Specific services may be subject to separate agreements, onboarding requirements, commercial terms and eligibility criteria.

By using Overtone's services, you confirm that:

• You are at least 18 years old or have the necessary legal authority and consent to act on behalf of a minor.
• Information provided to Overtone is accurate, complete and up to date.
• You have the legal authority to enter into agreements with Overtone.
• You will maintain the confidentiality of your account credentials.
• You will notify Overtone immediately if you suspect unauthorised access to your account.

You are responsible for activities conducted through your account.

You retain ownership of the intellectual property rights in music, recordings, compositions, artwork and other materials you own or are authorised to represent.

By submitting content to Overtone for distribution or other services, you confirm that:

• You own or control the necessary rights or have obtained appropriate authorisation.
• Your content does not infringe third-party copyrights, trademarks or other intellectual property rights.
• You have secured all necessary permissions, licences, clearances and consents.
• All artist, songwriter, producer, contributor and ownership information supplied is accurate.

Where you engage Overtone for distribution or other commercial services, you grant Overtone only the licences and permissions necessary to perform those services, as defined in the applicable agreement.

Nothing in these Terms automatically transfers ownership of your music or intellectual property to Overtone.

You may not use Overtone's website or services to:

• Upload music or content without the necessary rights or permissions.
• Engage in artificial streaming, stream manipulation or fraudulent engagement.
• Generate fraudulent royalties or manipulate digital platform reporting.
• Submit false artist, songwriter, producer or ownership information.
• Impersonate another artist, label, rights holder or business.
• Distribute unlawful, defamatory or infringing material.
• Circumvent platform policies or distribution requirements.
• Interfere with the security or operation of Overtone's systems.

Where applicable, royalties, revenue shares, fees, payment schedules and deductions will be governed by the relevant distribution or commercial agreement.

Overtone does not guarantee a particular level of streaming activity, audience growth, revenue or commercial success.

Payments may be subject to verification, reporting delays, platform adjustments, contractual deductions, applicable taxes and legal requirements.

Overtone may work with third-party services, including digital streaming platforms, payment providers, technology providers and commercial partners.

These third parties operate under their own terms, policies and requirements. Overtone does not control their independent operations or guarantee their continued availability.

Overtone reserves the right to investigate, restrict, suspend or terminate access to its services where there is reasonable evidence of:

• Fraudulent activity.
• Intellectual property infringement.
• Breach of contractual obligations.
• False or misleading information.
• Security threats or unauthorised access.
• Violations of applicable laws or third-party platform policies.

Where reasonably possible and legally permitted, Overtone will provide notice and an opportunity to address the issue.

Termination of access to a service does not automatically extinguish rights or obligations under a separate agreement.

We aim to maintain reliable access to our website and services. However, we do not guarantee uninterrupted availability.

Services may occasionally be unavailable due to maintenance, technical issues, security incidents, third-party outages or circumstances beyond our control.

To the extent permitted by applicable law, Overtone shall not be liable for indirect, incidental or consequential losses arising from the use of our website or services.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited.

These Terms do not override any rights afforded to consumers under applicable consumer protection legislation.

Your use of Overtone's website and services is also governed by our Privacy Policy and Cookie Policy.

Overtone may update these Terms from time to time to reflect changes in our services, business operations, technology or legal requirements.

Updated Terms will be published on our website with a revised effective date.

These Terms shall be governed by the laws of the Republic of South Africa, subject to any mandatory consumer protection or other applicable laws.