Terms of Service

1. Service Description

1.1 What CUA Does

CUA provides automated copyright registration services including:

• Acoustic fingerprinting of audio files
• Blockchain timestamp verification on Polygon network
• Generation of copyright registration certificates
• Public verification pages for registered works
• API access for platform integrations

1.2 What CUA Does NOT Do

CUA is NOT:

• Official registration with the US Copyright Office
• A substitute for legal copyright registration required to sue for statutory damages
• Legal advice or representation
• A guarantee of copyright enforceability in all jurisdictions

2. Account Registration and Eligibility

2.1 Eligibility

You must be:

• At least 18 years old (or age of majority in your jurisdiction)
• Legally authorized to enter into binding contracts
• Not prohibited from using the Service under applicable laws

2.2 Account Types

• Artist Accounts: Accessed via Q the Music or direct registration
• Business Accounts: API access for platform integrations
• Guest Users: Public verification page access (no account required)

2.3 Account Responsibility

You are responsible for:

• Maintaining confidentiality of API keys and credentials
• All activity under your account
• Ensuring accuracy of information provided
• Compliance with these Terms

3. User Obligations and Restrictions

3.1 You Must

• Own or have legal rights to all uploaded content
• Provide accurate information in registration requests
• Use the Service only for lawful purposes
• Respect intellectual property rights of others

3.2 You Must NOT

• Upload content you do not own or have rights to
• Use CUA for fraudulent copyright claims
• Reverse engineer, decompile, or hack the Service
• Violate any applicable laws or regulations
• Abuse or overload our servers (rate limits apply)
• Resell or redistribute the Service without authorization
• Create fake or misleading copyright registrations
• Use automated systems (bots) without written permission

3.3 Content Ownership

You retain all ownership rights to your uploaded content. By using CUA, you grant us a limited license to:

• Process audio files for fingerprinting
• Store metadata and fingerprints
• Generate and distribute certificates
• Display registration information on verification pages
• Use aggregated, anonymized data for service improvements

4. Intellectual Property

4.1 Our IP

CUA, its logo, design, code, and documentation are owned by Her Own Sky LLC and protected by copyright, trademark, and other intellectual property laws. You may not use our IP without written permission.

4.2 Your IP

Certificates generated by CUA are provided to you for your use in copyright enforcement. You may share, distribute, and use certificates as needed for legal purposes.

4.3 Blockchain Data

Information recorded on Polygon blockchain becomes part of a public, immutable ledger and cannot be deleted. By using CUA, you consent to this permanent record.

5. Fees and Payment

5.1 Pricing

• Artists via Q the Music: Free (included in platform)
• Direct Artist Registration: Pricing available at cua.herownsky.com
• Business/API Access: Starting at $99/month, custom pricing for enterprise
• Pay-As-You-Go: $2.99 per registration (where available)

5.2 Payment Terms

• Fees are charged via Stripe
• Subscriptions renew automatically unless cancelled
• Refunds not provided except where required by law
• Price changes will be communicated 30 days in advance

5.3 Taxes

You are responsible for all applicable taxes. We collect sales tax where required by law.

6. Service Availability and Limitations

6.1 Uptime

We strive for 99.9% uptime but do not guarantee uninterrupted access. Service may be temporarily unavailable for:

• Maintenance (scheduled or emergency)
• Technical issues beyond our control
• Security incidents

6.2 Rate Limits

API usage is subject to rate limits:

• Free tier: 100 registrations/month
• Paid plans: As specified in plan details
• Excessive use may result in throttling or suspension

6.3 Service Modifications

We reserve the right to:

• Modify features or functionality
• Change pricing with 30 days notice
• Discontinue the Service with 90 days notice

7. Limitation of Liability

7.1 Service "As Is"

CUA is provided "AS IS" and "AS AVAILABLE" without warranties of any kind, express or implied, including but not limited to:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability

7.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Her Own Sky LLC, its officers, directors, employees, and agents SHALL NOT BE LIABLE for any:

• Indirect, incidental, special, or consequential damages
• Loss of profits, revenue, data, or business opportunities
• Service interruptions or data loss
• Legal fees or costs related to copyright disputes
• Damages exceeding fees paid in the 12 months prior to claim

7.3 Acknowledgment

You acknowledge that:

• CUA certificates are supplemental evidence, not conclusive proof
• Copyright enforcement requires additional legal steps
• We are not liable for unsuccessful DMCA claims or legal outcomes
• Blockchain records are permanent and cannot be deleted

8. Indemnification

You agree to indemnify and hold harmless Her Own Sky LLC from any claims, damages, losses, or expenses (including attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your infringement of third-party rights
• False or fraudulent copyright registrations
• Content you upload or register

9. DMCA and Copyright Policy

9.1 Reporting Infringement

If you believe content on CUA infringes your copyright, contact:

9.2 Required Information

Include:

• Your contact information
• Description of copyrighted work
• URL of infringing material
• Statement of good faith belief
• Statement under penalty of perjury
• Physical or electronic signature

9.3 Repeat Infringers

We will terminate accounts of repeat infringers.

10. Termination

10.1 By You

You may terminate your account at any time by contacting support@herownsky.com. No refunds for partial periods.

10.2 By Us

We may suspend or terminate your account immediately if:

• You violate these Terms
• You engage in fraudulent activity
• You abuse the Service or harm our systems
• Required by law

10.3 Effect of Termination

Upon termination:

• Access to API and dashboard will be revoked
• Certificates already issued remain valid
• Blockchain records remain permanent
• Fees already paid are non-refundable

11. Dispute Resolution

11.1 Governing Law

These Terms are governed by the laws of the State of Minnesota, USA, without regard to conflict of law principles.

11.2 Jurisdiction

You agree to submit to the exclusive jurisdiction of courts in Ramsey County, Minnesota for any disputes.

11.3 Arbitration (Optional)

Before filing a lawsuit, you agree to attempt to resolve disputes through:

1. Good faith negotiation with Her Own Sky LLC
2. Mediation (if negotiation fails)
3. Binding arbitration (if both parties agree)

11.4 Class Action Waiver

You agree to resolve disputes individually, not as part of a class action, consolidated action, or representative proceeding.

12. Changes to Terms

We may modify these Terms at any time. Changes will be posted with a new "Last Updated" date. Continued use after changes constitutes acceptance.

Material changes (pricing, liability, arbitration) will be communicated via email 30 days before taking effect.

13. Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Her Own Sky LLC regarding the Service.

15. Contact Information

For questions about these Terms:

For DMCA notices: dmca@herownsky.com

For privacy questions: privacy@herownsky.com