Terms of Service.

These Terms govern your access to and use of element59 ("we", "us"). By creating an account, uploading any content, or using any of our services, you agree to these Terms.

Not legal advice. This document was drafted by the founding team and is awaiting review by a UK- and US-qualified music-industry attorney. The version number will be bumped (and this notice removed) once that review lands.

Clause 1 — AI Disclosure Representation

▷ In one sentence: When you tell us how a track was made, you're telling us the truth.

1.1 You represent and warrant that the AI-involvement disclosure you provide for each track is true, accurate, and complete at the time of upload. You will not submit a track under a disclosure category that you know or reasonably should know is incorrect.

1.2 You understand that accurate AI-disclosure is required by streaming platforms (including without limitation Spotify, Apple Music, Deezer, YouTube Music, and SoundCloud), by performing-rights organisations (including without limitation ASCAP, BMI, SOCAN, PRS for Music, and SACEM), and by our agreements with each of them. You understand that inaccurate disclosure is grounds for (a) removal of the affected track, (b) forfeiture of any royalties paid to you after the inaccurate disclosure that a streaming platform subsequently requires us to recover, and (c) suspension or termination of your account.

1.3 Our internal disclosure taxonomy has five categories: Fully Human; Human with AI Assistance; AI Co-Write; AI with Human Modification; and Fully AI. We emit your choice to streaming platforms and rights organisations using the DDEX ERN 4.3.1 three-state wire format ("not at all", "partially", or "entirely" AI-generated), as described at /about/transparency-tags.

1.4 If you learn, after upload, that a disclosure was incorrect, you will notify us at disclosure@element59.com within 14 days of learning. We will treat timely notification and correction as a good-faith act and will not itself treat it as grounds for suspension.

Clause 2 — Tool Licence Representation

▷ In one sentence: If you used an AI tool, you had the right to use it commercially at the time you used it.

2.1 If any part of a track you upload was generated by a generative AI tool (including without limitation Suno, Udio, Stable Audio, Riffusion, AIVA, or any successor or equivalent tool), you represent and warrant that: (a) you generated the material under a commercial-use licence from the tool provider that was in effect at the time of generation; (b) the tool provider's terms of service at the time of generation permitted commercial distribution of the output on streaming platforms; (c) you have retained records evidencing your commercial licence (including at minimum: plan type, account identifier, and generation date); and (d) you will produce those records to us on reasonable request.

2.2 You acknowledge that tool providers change their terms from time to time. For example, Udio's terms changed materially on October 29, 2025, after which certain downloads of user-generated output were restricted. Subsequent changes to a tool provider's terms do not retroactively invalidate your rights in content generated before the change unless the tool provider's updated terms expressly do so. You bear the risk of interpreting the tool provider's terms as they stood at the time of generation.

2.3 Free-tier outputs from tools that reserve commercial rights to paid tiers only (including without limitation Suno's Free plan) are not eligible for upload to element59. Upgrading to a paid plan does not retroactively commercialise output generated on a free plan.

Clause 3 — Ownership and Originality

▷ In one sentence: You won't upload music that impersonates someone or steals their work.

3.1 You represent and warrant that the track does not reproduce, sample, imitate, or clone the voice, likeness, performance, or protected composition of any identifiable third party without that party's written consent.

3.2 You acknowledge that prompts requesting "in the style of" a named artist, while often permitted by tool providers, do not grant you rights over that artist's protected work and do not insulate you from claims by that artist or their rights-holders. If a streaming platform removes a track on impersonation grounds or pursuant to its AI vocal-impersonation policy (including without limitation Spotify's impersonation policy announced September 25, 2025), we will cooperate with the platform.

3.3 You warrant that, where you have sampled any third-party recording, you have obtained the necessary clearances (both composition-side and master-side). element59 does not provide sample clearance services.

Clause 4 — Indemnity

▷ In one sentence: If somebody sues us because of your track, you pay the legal bills.

4.1 You agree to defend, indemnify, and hold harmless element59, its employees, contractors, affiliates, and assigns ("Indemnified Parties") from and against any and all third-party claims, damages, losses, fees, costs, or liabilities (including reasonable legal fees and costs of settlement) arising out of or related to: (a) the content you upload to element59; (b) your use of any generative AI tool to create that content; (c) any claim that a generative AI tool's training data infringed the rights of a third party, where your content was generated by that tool; (d) any claim that your content impersonates, clones, or materially imitates the voice, likeness, performance, or protected work of a third party; (e) your failure to disclose AI involvement accurately under Clause 1; or (f) any other breach of your representations and warranties in these Terms.

4.2 We will give you prompt notice of any claim for which we seek indemnity. We may, at our option, take control of the defence. You may not settle a claim in a manner that imposes any obligation on the Indemnified Parties without our prior written consent.

4.3 This indemnity survives termination of your account and survives the removal of any of your content from our service.

Clause 5 — Our Obligations to You

▷ In one sentence: element59 will never retroactively change the terms of your release. Streaming platforms sometimes do — and when that happens, we'll tell you.

5.1 We commit that: (a) we will not retroactively reclassify the AI-disclosure status of a track you have uploaded, absent new information provided by you or absent evidence that the original disclosure was materially inaccurate; (b) we will not claw back royalties already earned and credited to your account, unless a streaming platform specifically requires us to do so pursuant to its rights under its agreement with you and us; (c) if a streaming platform removes a track, we will notify you within 24 hours with the platform's stated reason and the relevant policy reference; (d) we will provide a plain-language appeal path, and, where the platform permits, will file an appeal on your behalf on reasonable request; (e) we will never retroactively change the economic terms of your uploaded releases (your revenue share, plan tier benefits applicable at upload, or your royalty-split configuration) without your express consent.

5.2 element59 does not control streaming platform policies. Streaming platforms may update their AI-music policies, spam-detection algorithms, and editorial eligibility rules at any time, with or without notice to us. When that happens, previously-live tracks can be removed, down-ranked, excluded from editorial playlists, or demonetised on that platform. We will not misrepresent the effects of our service or of streaming-platform policies. Our commitments above apply to element59's conduct and do not extend to streaming-platform conduct.

5.3 These commitments apply regardless of your track's AI-disclosure category or plan tier.