01Acceptance of Terms
These Terms of Service ("Agreement") govern your use of the Harmonic platform, including the website, mobile applications, and related services (collectively, the "Service"). By using the Service, you agree to comply with these Terms of Service.
If you are using the Service on behalf of an entity, you represent that you are authorized to accept these terms on its behalf. The Service is only available to individuals who are at least 18 years old. If you do not meet this requirement, you are not permitted to use the Service.
Harmonic reserves the right to update or modify these Terms at any time. Continued use of the Service after changes are posted constitutes acceptance of the updated Terms.
02Privacy
Harmonic is committed to protecting user privacy. Our Privacy Policy outlines the collection, use, and sharing of user information. By using the Service, you acknowledge and consent to these practices.
03User Conduct
Users must comply with all applicable laws and refrain from:
- Uploading unauthorized or infringing content.
- Engaging in fraudulent, abusive, or harmful activities.
- Violating Harmonic's Acceptable Use and Content Moderation Policy.
Failure to comply may result in account termination.
04Acceptable Use and Content Moderation Policy
When using the Harmonic platform, users must adhere to the following standards: You may only upload music and content that you own or have the full legal rights to distribute. You may not post content that infringes on intellectual property rights, violates any law, promotes illegal activity, or contains hateful, defamatory, sexually explicit, or otherwise harmful material.
Recommendations and reviews must be honest, respectful, and free from harassment, discrimination, or deceptive practices. Harmonic reserves the right to remove any content or suspend accounts that violate these standards at its sole discretion. Users are encouraged to report violations by contacting support@harmonic.fm.
Music submitted to Harmonic must be the product of human authorship and performance. Harmonic does not accept releases that make material use of generative artificial intelligence, as described in Section 13. By uploading content, you represent that the release complies with that section.
05Intellectual Property Rights
Users retain ownership of their content but grant Harmonic a license to use, distribute, and display uploaded content as necessary for service operation. Users must ensure they have the appropriate rights to any content they upload.
Artists may sell their content through the Service and must adhere to licensing requirements, ensuring they have all necessary rights for distribution.
Users may not resell, distribute, or publicly perform any purchased content unless explicitly licensed to do so.
06Fees and Payments
Artists set the pricing for their content on the Harmonic platform. Revenue from sales is distributed as follows:
- Harmonic receives a 15% revenue share from each transaction.
- Curators receive a 10% revenue share from transactions they facilitate. If no curator is involved in the transaction, that 10% goes to the artist.
- The remaining 75% is paid to the artist.
Users are responsible for all payments and applicable taxes. Digital content sales are final unless otherwise stated by Harmonic. Artists must comply with all legal requirements, including consumer protection laws.
Payment processing services for Harmonic are provided by Stripe and are subject to the Stripe Connected Account Agreement. By using our platform, you agree to be bound by Stripe's Terms of Service.
07Chargebacks and Payment Disputes
By making a purchase on Harmonic, you agree to use legitimate payment methods and to contact us at support@harmonic.fm before initiating a chargeback or dispute with your payment provider.
If you believe a charge was made in error, we encourage you to reach out to our support team so we can attempt to resolve the issue quickly and fairly.
Unauthorized or fraudulent chargebacks may result in suspension or termination of your account. Harmonic reserves the right to contest any chargebacks and to provide supporting documentation to the payment processor as needed.
All sales of digital content are final unless otherwise specified. Refund eligibility is determined at Harmonic's sole discretion, and repeated disputes may impact your ability to make future purchases.
08Refund Policy
All sales of digital content on Harmonic are generally final. Because access to music and other digital content is delivered immediately upon purchase, we do not offer refunds except in cases of technical errors (e.g., duplicate purchases, corrupted files) or other exceptional circumstances.
If you believe you are eligible for a refund, please contact us within 7 days of your purchase at support@harmonic.fm with your order details and a description of the issue. We will review each request on a case-by-case basis and respond promptly.
Harmonic reserves the right to deny refund requests that fall outside of these conditions or appear to be abusive or fraudulent.
09Account Registration
Users may browse the Service without registration, but specific features require an account. Users must provide accurate and complete information. Account credentials must be kept secure, and unauthorized account access must be reported immediately.
10Account Termination Rights
Users may terminate their accounts by emailing support@harmonic.fm. Upon receipt of that request, Harmonic will delete their account and associated data within 5 business days.
11Content Licensing and Restrictions
Artists grant Harmonic a non-exclusive, worldwide license to reproduce, distribute, publicly perform, display, and promote their content for the purpose of operating the Service. This includes sale through Harmonic, display of previews and artwork, inclusion in editorial and promotional materials, and broadcast on Harmonic Radio as described in Section 12.
This license terminates as to future use when content is removed from the Service or an account is closed, subject to completed sales and to Harmonic's recordkeeping obligations.
This license does not include, and Harmonic does not claim, any right to use content to train artificial intelligence models. See Section 13.
12Harmonic Radio
Harmonic operates an internet radio station, Harmonic Radio, as part of the Service. Harmonic Radio is delivered through Live365, a licensed streaming and broadcast platform.
Licensing. Live365 maintains blanket licenses with performing rights organizations and sound recording royalty collectives covering transmissions in the United States, Canada, and Mexico. In the United States this includes ASCAP, BMI, SESAC, GMR, AllTrack, Word Collections, and SoundExchange. In Canada it includes SOCAN and Re:Sound. In Mexico it includes EMMAC/SACM and SOMEXFON. Live365 reports playback data and remits royalties to these organizations on Harmonic's behalf. Harmonic does not pay artists, labels, songwriters, or publishers directly for airplay on Harmonic Radio.
Rights holder responsibility. Royalties generated by airplay are distributed by the collection societies named above, not by Harmonic. To receive them, rights holders must be registered with the appropriate organizations and must have registered the relevant recordings and works. This generally means registration with SoundExchange or its territorial equivalent for sound recording performance royalties, and with a performing rights organization such as ASCAP or BMI for songwriter and publisher royalties. Harmonic is not responsible for royalties that go uncollected because a rights holder is unregistered, because a recording or composition is unregistered, or because registration data is inaccurate, incomplete, or out of date.
Metadata. Licensing coverage and accurate royalty attribution depend on accurate track metadata, including title, artist, album, and where available the ISRC. Harmonic will transmit the metadata in its possession. Artists are responsible for supplying accurate metadata and identifiers and for keeping them current.
Programming. Inclusion on Harmonic Radio is at Harmonic's editorial discretion. Uploading content to Harmonic does not guarantee airplay. Airplay is not offered, promised, or withheld in exchange for payment or other consideration. By making content available on Harmonic, you grant Harmonic permission to include that content in non-interactive broadcasts on Harmonic Radio. Rights holders may request removal from Harmonic Radio at any time by contacting support@harmonic.fm, and Harmonic will remove the content from rotation.
Territory. Live365's licensing covers transmissions in the United States, Canada, and Mexico. Harmonic makes no representation regarding the licensing status of listening from other territories.
13Artificial Intelligence
Content submitted to Harmonic
Harmonic is a platform for human-made music. Harmonic does not accept releases that make material use of generative artificial intelligence.
Material use means that an AI model is the source of what a listener hears or of the work itself. This includes, without limitation:
- Vocal or instrumental performances generated by an AI model rather than performed by a person.
- Compositions, melodies, arrangements, or lyrics generated by an AI model rather than written by a person.
- Performances produced by cloning, modeling, or synthesizing the voice, playing, or likeness of a real performer without that performer's written consent.
AI-assisted artwork, video, and other supplementary media must be disclosed to Harmonic on request. Disclosure does not automatically disqualify a release.
Artists represent and warrant, with each upload, that the release complies with this section.
Review and enforcement
Reports that a release violates this section, and claims of copyright infringement generally, are reviewed on a case-by-case basis. Harmonic may request information about how a release was made. Where a violation is found, Harmonic may remove the content from the Service and from Harmonic Radio, and may suspend or terminate the account. Reports may be sent to support@harmonic.fm.
AI training
Harmonic does not use artist-uploaded material to train artificial intelligence models of any kind. Specifically, Harmonic does not:
- Use audio, artwork, video, text, or other material uploaded to the Service to train, fine-tune, or otherwise develop any generative AI model.
- Sell, license, or otherwise make user-uploaded material available to any third party for the purpose of AI training or dataset creation.
- Grant automated access to the Service for the purpose of collecting material for AI training.
Scraping, bulk downloading, or otherwise harvesting content from the Service for AI training or dataset creation is prohibited and constitutes a violation of these Terms.
This commitment does not restrict Harmonic's use of platform data for ordinary operational purposes that do not generate, reproduce, or imitate creative works, including search, recommendations, catalog organization, fraud prevention, and content moderation.
The license granted to Harmonic in Section 11 does not include any right to use content for AI training. No future amendment to these Terms will apply such use to content uploaded before that amendment without the rights holder's separate, affirmative consent.
14Dispute Resolution
Any disputes arising from the use of the Service will be resolved through arbitration in Erie County, Pennsylvania, under JAMS Arbitration Rules. Users waive the right to class-action lawsuits.
If you are a consumer, you may elect to have any in-person hearing held in the county or judicial district where you reside, or to participate remotely by video or telephone. Harmonic will not require a consumer to travel to Erie County, Pennsylvania, in order to pursue a claim.
15Termination of Service
Harmonic may terminate or suspend accounts at its discretion for violations of these Terms. Users may terminate their accounts at any time by emailing support@harmonic.fm. In the event of account termination, any outstanding earnings due will be settled in accordance with our payout schedule, unless the termination results from fraud or a breach of these Terms.
16Limitation of Liability
Harmonic is not liable for indirect, incidental, or consequential damages resulting from the use of the Service. Maximum liability for any claim shall not exceed $100.
17Governing Law
These Terms are governed by the laws of the State of Pennsylvania, USA.
18Contact Information
For inquiries regarding these Terms, please contact Harmonic Support at support@harmonic.fm.