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Distribution Agreement

Last Updated: March 29, 2026

Section 1 — Purpose and Scope

This Distribution Agreement ("Agreement") is entered into by and between the individual or entity creating an account and uploading content ("Artist") and RAWTRAK LLC, a Delaware limited liability company ("RAWTRAK" or "Company"). 1. Definitions. As used in this Agreement, the following terms shall have the meanings set forth below: (a) "Recording" means any audio recording, including singles, EPs, albums, and compilations, uploaded by the Artist to the RAWTRAK platform. (b) "Composition" means the underlying musical work embodied in a Recording, including melody, lyrics, and arrangement. (c) "Content" means all Recordings, Compositions, cover artwork, metadata, liner notes, and any other materials submitted by the Artist. (d) "Digital Store" or "DSP" (Digital Service Provider) means any digital music platform, streaming service, download store, or other online service to which RAWTRAK distributes Content, including but not limited to Spotify, Apple Music, YouTube Music, Amazon Music, Tidal, Deezer, TikTok, Instagram, Facebook, Melon, Bugs, Genie, and FLO. (e) "Master" means the original sound recording from which copies are made. (f) "ISRC" (International Standard Recording Code) means the unique 12-character alphanumeric code assigned to each individual Recording for identification purposes. (g) "UPC" (Universal Product Code) means the unique barcode assigned to each release (single, EP, or album) for identification purposes. (h) "Territory" means the worldwide geographic area in which RAWTRAK is authorized to distribute Content under this Agreement. 2. Effective Date. This Agreement becomes effective when the Artist creates an account on the RAWTRAK platform and uploads Content for distribution. By uploading Content, the Artist acknowledges that they have read, understood, and agreed to be bound by this Agreement. 3. No Transfer of Ownership. RAWTRAK does NOT acquire any copyright, ownership interest, or proprietary rights in the Artist's music, master recordings, compositions, or associated intellectual property. The Artist grants RAWTRAK only a limited license to distribute Content as described in Section 3 of this Agreement. All rights not expressly granted herein are reserved to the Artist.

Section 2 — Content and Eligibility

1. Accepted Audio Formats. RAWTRAK accepts the following audio file formats for distribution: WAV, FLAC, AIFF, MP3, AAC, and OGG. Maximum file size per track: 500MB for Starter Plan users; 4GB for Artist Plan users. 2. Cover Art Requirements. Cover art must be submitted in JPEG or PNG format with a minimum resolution of 1400×1400 pixels and a maximum resolution of 4000×4000 pixels. Cover art must not contain misleading information, third-party trademarks, URLs, social media handles, or content that violates DSP guidelines. 3. Metadata Accuracy. The Artist must provide accurate and complete metadata for all Content, including but not limited to: artist name, track title, album title, genre, release date, language, and explicit content indicators. Inaccurate or incomplete metadata may result in distribution delays, DSP rejection, or removal of Content. 4. Originality and Licensing. All Recordings uploaded to the RAWTRAK platform must be original works created by the Artist or works for which the Artist has obtained all necessary rights, licenses, clearances, and permissions. This includes but is not limited to mechanical licenses for cover songs, sample clearances, and permissions from featured artists, producers, and co-writers. 5. Age Requirement. The Artist must be at least 18 years of age or the age of legal majority in their jurisdiction to use the RAWTRAK platform and enter into this Agreement. RAWTRAK does not knowingly accept Content from individuals under the age of 18.

Section 3 — Grant of Rights

1. License Grant. The Artist hereby grants RAWTRAK a non-exclusive, worldwide, sublicensable license during the Term of this Agreement to: (a) Reproduce, distribute, publicly perform, make available, and transmit Recordings to Digital Stores and DSPs worldwide; (b) Authorize Digital Stores to sell, stream, download, cache, and make available Recordings to their end-user customers in accordance with each DSP's terms of service; (c) Create and distribute preview clips (typically 30 seconds or less) of Recordings for promotional purposes on Digital Stores and RAWTRAK's own platforms; (d) Authorize UGC (User-Generated Content) Services, including but not limited to YouTube, TikTok, Instagram, and Facebook, to use Recordings in user-generated content, including synchronization with visual images, videos, and other audiovisual works created by end users; (e) Use the Artist's name, likeness, biography, logo, cover artwork, and other promotional materials in connection with the marketing, promotion, and distribution of Content; (f) Collect all income, royalties, and revenue generated from the distribution and exploitation of Recordings on Digital Stores on behalf of the Artist. 2. Retention of Ownership. The Artist retains full ownership of all Content, master recordings, compositions, and associated intellectual property rights at all times. Nothing in this Agreement shall be construed as a transfer, assignment, or conveyance of any copyright or ownership interest from the Artist to RAWTRAK. 3. No Copyright Transfer. The license granted under this Section does not constitute a transfer of copyright, a work-for-hire arrangement, or any form of assignment of the Artist's intellectual property rights. The Artist remains the sole copyright owner of all Content. 4. Sub-licensing. The Artist acknowledges that RAWTRAK's ability to sublicense to Digital Stores is essential to the distribution service. Sub-licensing is limited to the purposes described in this Section and does not extend beyond the scope of this Agreement.

Section 4 — Distribution Territory and DSPs

1. Territory. The distribution territory under this Agreement is worldwide. RAWTRAK distributes Content to all available territories and markets where partnered Digital Stores operate. 2. Digital Stores. RAWTRAK distributes Content to selected Digital Stores including but not limited to: Spotify, Apple Music, YouTube Music, Amazon Music, Tidal, Deezer, TikTok, Instagram/Facebook, Pandora, iHeartRadio, Napster, Melon, Bugs, Genie, FLO, Shazam, and 150+ additional platforms. The list of available DSPs may change from time to time as RAWTRAK adds or removes distribution partners. 3. DSP Pricing and Availability. Each Digital Store determines its own pricing, subscription models, and availability to end-user customers. RAWTRAK does not control and is not responsible for the pricing, availability, placement, or promotion of Content on any Digital Store. 4. DSP Removal Rights. Digital Stores may remove or restrict access to Recordings at their sole discretion in accordance with their own content policies, terms of service, and applicable laws. RAWTRAK is not responsible for any removal or restriction imposed by a Digital Store. 5. RAWTRAK Removal Rights. RAWTRAK may decline to distribute, or may remove Recordings from distribution, if: (a) legal claims, disputes, or takedown notices arise regarding the Content; (b) Content violates any DSP's content policies or guidelines; (c) Content violates this Agreement or RAWTRAK's Terms of Service; or (d) distribution of Content may expose RAWTRAK to legal liability. 6. No Territory Restrictions. The Artist may not specify territory restrictions or limit distribution to specific countries or regions. Distribution under this Agreement is worldwide without geographic limitation.

Section 5 — Term and Termination

1. Term. The term of this Agreement ("Term") begins on the date the Artist creates an account on the RAWTRAK platform and continues until terminated by either party in accordance with this Section. 2. Auto-Renewal. If the Artist is subscribed to a paid plan, the subscription automatically renews at the end of each billing cycle unless the Artist cancels the subscription prior to the renewal date through account settings. 3. Artist Termination. The Artist may terminate this Agreement at any time by: (a) cancelling their subscription through account settings; and (b) requesting content takedown via account settings or by contacting support@rawtrak.com. Cancelling a subscription alone does not constitute termination of this Agreement — the Artist must also request content removal. 4. RAWTRAK Termination. RAWTRAK may terminate this Agreement immediately upon written notice if: (a) the Artist breaches any material term of this Agreement; (b) the Artist engages in fraudulent activity, artificial streaming, or other manipulative practices; (c) the Artist's Content infringes third-party intellectual property rights; (d) the Artist fails to comply with applicable laws or regulations; or (e) at RAWTRAK's reasonable discretion, with 30 days' prior notice. 5. Effect of Termination. Upon termination, RAWTRAK will notify all Digital Stores to remove the Artist's Content. Full removal from all Digital Stores may take up to 60 days from the date of termination, depending on each DSP's processing timeline. 6. Post-Termination Settlement. Any residual royalties received from Digital Stores after termination will be paid to the Artist in accordance with the normal payout schedule described in Section 7. The maximum settlement period for post-termination royalties is 6 months from the effective date of termination. After the 6-month period, any uncollected or unreported royalties shall be deemed settled. 7. Customer Access. End-user customers who downloaded or purchased Content prior to termination may retain access to such Content in accordance with the applicable Digital Store's terms of service. RAWTRAK has no control over end-user access following download or purchase.

Section 6 — ISRC and UPC Codes

1. Automatic Code Generation. RAWTRAK automatically generates ISRC (International Standard Recording Code) codes for each individual track and UPC (Universal Product Code) codes for each release (single, EP, or album) at no additional cost to the Artist. 2. Custom ISRC Codes. Artist Plan subscribers may specify their own pre-existing ISRC codes when uploading Content. If custom ISRC codes are provided, RAWTRAK will use those codes for distribution instead of generating new ones. 3. Ownership of Codes. All auto-generated ISRC and UPC codes are the property of the Artist and will be provided to the Artist upon written request. The Artist may use these codes with other distributors or for any lawful purpose. 4. Code Continuity. If the Artist has existing ISRC codes from prior distribution through another distributor, the Artist should use those existing codes when uploading Content to RAWTRAK. Using existing codes maintains streaming count continuity, playlist placements, and editorial history on Digital Stores. Failure to use existing codes may result in duplicate listings and loss of accumulated streaming data. 5. IFPI Registration. RAWTRAK's ISRC prefix is registered with the International Federation of the Phonographic Industry (IFPI) and complies with all applicable ISRC standards and specifications.

Section 7 — Fees, Royalties and Payment

1. Starter Plan. The Starter Plan is free of charge. A 15% service fee is deducted from streaming and download revenue generated by the Artist's Content. Upload limit: 3 releases per calendar month. 2. Artist Plan. The Artist Plan costs $12.99 per month (USD). No service fee is deducted — the Artist receives 100% of net revenue. Unlimited releases. 3. Processing Fee. A one-time processing fee of $1 (USD) per release is charged to cover copyright scanning and distribution processing costs. This fee is deducted from the first royalty settlement for that release and is not charged again thereafter. No upfront payment is required — the fee is only deducted when royalty revenue is generated. If a release generates no revenue, no fee is charged. 4. Metadata Modification Fee. Once a release is live on Digital Stores, any request to modify metadata (track title, artist name, cover art, etc.) incurs a $14.99 (USD) processing fee per request. This fee covers the cost of redelivery to all Digital Stores and is collected upfront via Stripe at the time of the modification request. 5. Payout Schedule. Royalties are calculated at the end of each calendar month and distributed to the Artist by the 15th of the following month via Stripe Connect. Payout timing may vary due to DSP settlement delays. 6. Minimum Payout Threshold. The minimum payout threshold is $10 (USD). If monthly earnings are below this threshold, the balance rolls over to the next payout cycle. Rolled-over balances never expire. 7. Revenue Share. RAWTRAK pays 100% of net revenue received from Digital Stores to the Artist, after deduction of applicable plan fees (15% for Starter Plan, 0% for Artist Plan) and the one-time processing fee. 8. Social Media Monetization Fee. A 20% service fee applies to advertising revenue generated through social media platforms, including but not limited to YouTube Content ID, TikTok, Instagram Reels, and Facebook. This fee applies to all plans (Starter and Artist). Streaming and download revenue from DSPs such as Spotify and Apple Music is not subject to this fee. The social media monetization feature itself is included at no additional cost with every release. 9. Tax Responsibility. The Artist is solely responsible for all applicable taxes, including but not limited to income tax, withholding tax, value-added tax (VAT), and any other taxes imposed by the Artist's country of residence or citizenship. RAWTRAK may issue tax forms as required by applicable law. 10. Currency. All payments are made in United States Dollars (USD). Revenue received from Digital Stores in foreign currencies is converted at the exchange rate provided by the respective DSP at the time of settlement. 11. Tax Form Withholding. RAWTRAK may withhold payments pending completion of required tax documentation. US-based Artists must complete IRS Form W-9. Non-US Artists must complete IRS Form W-8BEN or W-8BEN-E, as applicable. Failure to complete required tax forms may result in delayed payouts or tax withholding at the maximum applicable rate.

Section 8 — Artist Responsibilities and Warranties

1. Representations and Warranties. By uploading Content to the RAWTRAK platform, the Artist represents and warrants that: (a) The Artist is at least 18 years of age or the age of legal majority in their jurisdiction and has the full legal capacity and authority to enter into this Agreement; (b) The Artist is the sole owner of, or has obtained all necessary rights, licenses, consents, and permissions for, all Content uploaded to the platform, including master recordings, compositions, samples, and any other elements; (c) The Content does not infringe upon the copyright, trademark, patent, trade secret, moral rights, right of publicity, right of privacy, or any other intellectual property or proprietary rights of any third party; (d) The Content does not contain any unlicensed samples, loops, interpolations, or other elements derived from third-party works without proper authorization; (e) All necessary clearances, permissions, and consents have been obtained from all featured artists, producers, session musicians, co-writers, and any other contributors to the Content; (f) All metadata provided by the Artist, including but not limited to artist name, track title, album title, genre, and credits, is accurate, complete, and not misleading; (g) For cover songs, the Artist has obtained proper mechanical licenses from the original rights holders or their authorized representatives; (h) No existing agreements, contracts, or obligations conflict with or prevent the Artist from entering into this Agreement or performing their obligations hereunder; (i) The Content complies with all applicable laws, regulations, and industry standards in the Artist's jurisdiction and in the territories where the Content is distributed. 2. Third-Party Royalty Obligations. The Artist is solely responsible for all royalty payments, fees, and other compensation owed to third parties in connection with the Content, including but not limited to songwriters, publishers, producers, session musicians, featured artists, and performing rights organizations (PROs). RAWTRAK is not responsible for and does not manage mechanical royalties, publishing royalties, or any other third-party payments.

Section 9 — Copyright, DMCA and Content Blocking

1. Pre-Upload Copyright Screening. RAWTRAK employs ACRCloud audio fingerprinting technology to perform automated pre-upload copyright screening of all Content. This screening compares uploaded audio against a database of existing copyrighted works to identify potential matches. 2. Content Blocking. Content that matches existing copyrighted works in the ACRCloud database may be automatically blocked from distribution unless the Artist confirms ownership of the matched work or provides documentation demonstrating that appropriate licenses have been obtained. 3. DMCA Takedown Notices. RAWTRAK complies with the Digital Millennium Copyright Act (DMCA). Copyright holders who believe their work has been infringed may submit a DMCA takedown notice to RAWTRAK's designated DMCA agent at dmca@rawtrak.com. Takedown notices must comply with the requirements of 17 U.S.C. § 512(c)(3). 4. Counter-Notification. Artists who believe their Content was removed in error may submit a counter-notification to RAWTRAK in accordance with 17 U.S.C. § 512(g). Counter-notifications must include: (a) identification of the removed Content; (b) a statement under penalty of perjury that the removal was the result of mistake or misidentification; (c) consent to jurisdiction of the federal court in Delaware; and (d) the Artist's physical or electronic signature. 5. Three-Strike Policy. RAWTRAK enforces a three-strike policy for copyright infringement. Upon receiving three valid DMCA takedown notices against an Artist's Content, RAWTRAK reserves the right to permanently terminate the Artist's account and remove all Content from distribution. 6. DMCA Agent. RAWTRAK's designated DMCA agent information and full copyright infringement reporting procedures are available at /legal/dmca.

Section 10 — AI-Generated Content

1. Disclosure Requirement. Music that is generated or substantially assisted by artificial intelligence tools (including but not limited to Suno, Udio, AIVA, Amper, Boomy, and similar AI music generation platforms) must be disclosed upon submission to the RAWTRAK platform. The Artist must accurately indicate the extent of AI involvement in the creation of each Recording. 2. Failure to Disclose. Failure to disclose AI-generated or AI-assisted content constitutes a material breach of this Agreement and may result in: (a) immediate removal of the affected release from all Digital Stores; (b) potential permanent suspension or termination of the Artist's account; and (c) forfeiture of any revenue generated by the non-disclosed Content. 3. Bulk AI Content (Spam). Uploading large quantities of low-quality AI-generated content for the purpose of generating artificial streaming revenue or flooding Digital Stores is strictly prohibited. Detection of such activity will result in: (a) immediate and permanent termination of the Artist's account; (b) clawback of all revenue generated by the offending Content; and (c) reporting to affected Digital Stores. 4. AI Detection Technology. RAWTRAK employs AI detection technology to screen Content for indicators of artificial generation. Content flagged by these detection systems may be subject to additional review, delayed distribution, or rejection. 5. DSP AI Training Policies. The use of Recordings by Digital Stores for AI model training purposes is subject to each DSP's individual terms of service and AI policies. RAWTRAK will make reasonable efforts to notify Artists of material changes to DSP AI policies that may affect their Content. Artists who wish to opt out of AI training should review each DSP's opt-out mechanisms directly.

Section 11 — Artificial Streaming and Fraud

1. Prohibition. Artificial streaming — including but not limited to the use of bots, streaming farms, click farms, automated playback scripts, pay-for-play schemes, and any other form of manipulated or fraudulent plays — is strictly prohibited under this Agreement. 2. Consequences of Detection. If artificial streaming or fraudulent activity is detected in connection with the Artist's Content, RAWTRAK may take the following actions: (a) Immediate freezing of all royalty payments associated with the affected Content; (b) Clawback of revenue determined to have been generated through artificial streaming; (c) Suspension or removal of affected releases from all Digital Stores; (d) Temporary or permanent suspension of the Artist's account; (e) Termination of this Agreement. 3. DSP-Imposed Penalties. Any fines, fees, damages, penalties, or chargebacks imposed on RAWTRAK by Digital Stores as a result of an Artist's artificial streaming activity may be charged to the Artist and deducted from the Artist's current or future royalty payments. 4. Notice to Artist. RAWTRAK will make reasonable efforts to notify the Artist of detected violations before taking action, where possible and where doing so does not compromise ongoing investigations or expose RAWTRAK to additional liability. However, RAWTRAK reserves the right to take immediate action without prior notice when necessary to protect its interests or comply with DSP requirements.

Section 12 — Indemnification

1. Indemnification Obligation. The Artist shall indemnify, defend, and hold harmless RAWTRAK LLC, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, successors, assigns, and all Digital Stores (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) Any breach of the Artist's representations, warranties, or obligations under this Agreement; (b) Any claim that the Artist's Content infringes upon the copyright, trademark, patent, trade secret, moral rights, right of publicity, right of privacy, or any other intellectual property or proprietary rights of any third party; (c) The Artist's use of the RAWTRAK platform and services; (d) Any violation by the Artist of the rights of any third party; (e) Any claim arising from the Artist's failure to obtain necessary licenses, clearances, or permissions; (f) Any tax liability, penalties, or interest resulting from the Artist's failure to comply with applicable tax laws. 2. Withholding Rights. RAWTRAK may withhold royalties from the Artist's account pending the resolution of any claims for which the Artist is required to provide indemnification under this Section. 3. Legal Cost Deduction. RAWTRAK may deduct reasonable legal costs, attorneys' fees, and settlement amounts from the Artist's current or future royalty payments to the extent such costs arise from claims for which the Artist is obligated to indemnify RAWTRAK. 4. Survival. The indemnification obligations set forth in this Section shall survive the termination or expiration of this Agreement for a period of 3 years.

Section 13 — Disclaimer and Limitation of Liability

DISCLAIMER OF WARRANTIES: THE RAWTRAK PLATFORM AND ALL SERVICES PROVIDED HEREUNDER ARE OFFERED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. RAWTRAK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED. 1. No Guarantee of Income. RAWTRAK does not guarantee any specific amount of income, royalties, streams, downloads, or sales from the distribution of Content. Revenue depends entirely on end-user consumption and DSP payment practices, which are beyond RAWTRAK's control. 2. No Guarantee of DSP Availability. RAWTRAK does not guarantee that Content will be accepted, listed, or maintained on any particular Digital Store. Each DSP has its own content policies and reserves the right to reject or remove Content at its discretion. 3. MAXIMUM AGGREGATE LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RAWTRAK'S TOTAL AGGREGATE LIABILITY TO THE ARTIST FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY THE ARTIST TO RAWTRAK IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. 4. EXCLUSION OF DAMAGES. IN NO EVENT SHALL RAWTRAK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, LOSS OF BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER RAWTRAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY UPON WHICH SUCH CLAIM IS BASED. 5. Force Majeure. RAWTRAK shall not be liable for any failure or delay in performing its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to: natural disasters, pandemics, epidemics, war, terrorism, civil unrest, government actions or orders, power failures, internet or telecommunications disruptions, cyberattacks, strikes, labor disputes, or any act of God (collectively, "Force Majeure Events"). During such events, RAWTRAK's obligations shall be suspended for the duration of the Force Majeure Event.

Section 14 — Confidentiality and Assignment

1. Confidentiality. Each party agrees to maintain the confidentiality of all non-public business information, trade secrets, financial data, and proprietary information disclosed by the other party in connection with this Agreement ("Confidential Information"). This confidentiality obligation shall remain in effect for a period of 3 years following the termination or expiration of this Agreement. 2. Exceptions. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was already known to the receiving party prior to disclosure; (c) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided that the receiving party gives reasonable prior notice to the disclosing party. 3. Assignment by Artist. The Artist may not assign, transfer, delegate, or sublicense any of their rights or obligations under this Agreement without the prior written consent of RAWTRAK. Any attempted assignment without such consent shall be null and void. 4. Assignment by RAWTRAK. RAWTRAK may assign, delegate, or sublicense any of its rights or obligations under this Agreement to a successor, affiliate, or acquirer in connection with a merger, acquisition, reorganization, or sale of all or substantially all of RAWTRAK's assets, without the Artist's prior consent. 5. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, executors, administrators, legal representatives, successors, and permitted assigns.

Section 15 — Governing Law and Dispute Resolution

1. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles. 2. Binding Arbitration. Any dispute, claim, or controversy arising out of or relating to this Agreement, the RAWTRAK platform, or the services provided hereunder ("Dispute") shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator in the State of Delaware. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall bear its own costs and attorneys' fees, unless the arbitrator determines otherwise. 3. CLASS ACTION WAIVER. THE ARTIST AND RAWTRAK AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING. 4. Small Claims Exception. Notwithstanding the foregoing arbitration provision, either party may bring an individual action in small claims court for Disputes within the court's jurisdictional limits. 5. Pre-Arbitration Negotiation. Prior to initiating arbitration, both parties agree to engage in a good-faith negotiation period of 30 days to attempt to resolve the Dispute. The party initiating the Dispute must send written notice to the other party describing the Dispute and proposed resolution. If the Dispute is not resolved within the 30-day negotiation period, either party may proceed to arbitration. 6. Opt-Out. The Artist may opt out of this arbitration provision by sending written notice to support@rawtrak.com within 30 days of first accepting this Agreement. The opt-out notice must include the Artist's full name, account email address, and a clear statement that the Artist wishes to opt out of the arbitration provision. If the Artist opts out, Disputes shall be resolved in the state or federal courts located in the State of Delaware. 7. Entire Agreement. This Agreement, together with the RAWTRAK Terms of Service, Privacy Policy, and any other policies referenced herein, constitutes the entire agreement between the Artist and RAWTRAK with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, representations, and understandings. 8. Amendments. RAWTRAK reserves the right to modify this Agreement at any time. The Artist will be notified of material changes via email or in-service notification at least 14 days prior to the effective date of such changes. Continued use of the RAWTRAK platform after the effective date of any amendment constitutes the Artist's acceptance of the modified Agreement. If the Artist does not agree to the modified terms, the Artist may terminate this Agreement in accordance with Section 5. 9. Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect. 10. Waiver. The failure of either party to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by the waiving party.

Contact

support@rawtrak.com
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