User Agreement & Terms of Service

By creating an account, accessing, or using the App in any manner, you expressly agree to be bound by this Agreement, our Privacy Policy, and all applicable laws and regulations. If you do not agree to all of these terms, you are expressly prohibited from using the App and must discontinue use immediately.

We reserve the right to modify, amend, or update these Terms at any time in our sole discretion. Any changes will be effective immediately upon posting on the App, with an updated "Last Updated" date. Your continued use of the App following the posting of revised Terms constitutes your acceptance of such changes. It is your responsibility to review these Terms periodically.

You must be at least 18 years of age, or the age of legal majority in your jurisdiction (whichever is greater), to use this App. By using the App, you represent and warrant that:

• You meet the minimum age requirement;
• You have the legal capacity to enter into this binding Agreement;
• You are not barred from using the App under any applicable law;
• You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.

If you are using the App on behalf of an organization, you represent and warrant that you have the authority to bind that organization to this Agreement.

To access certain features of the App, you must register for an account. When registering, you agree to:

• Provide accurate, current, and complete information;
• Maintain and promptly update your account information;
• Maintain the security and confidentiality of your login credentials;
• Accept all responsibility for all activities that occur under your account;
• Immediately notify us of any unauthorized use of your account.

You may not use another person's account without permission. We reserve the right to suspend or terminate accounts that we reasonably believe to be fraudulent, in violation of these Terms, or otherwise harmful to the Platform or other users.

4.1 Ownership of User Content

You retain all ownership rights to the music, audio files, artwork, images, text, and any other content you upload, post, or transmit through the App ("User Content"). 1SamDigital LLC does not claim ownership of your User Content. However, by uploading User Content, you grant us certain licenses as described below.

4.2 Representations and Warranties

By uploading User Content, you represent, warrant, and covenant that:

• You are the sole creator and owner of the User Content, or you have obtained all necessary rights, licenses, consents, releases, and permissions from any and all persons or entities who own, control, or hold any rights to such User Content;
• Your User Content does not and will not infringe, violate, or misappropriate any intellectual property rights (including copyrights, trademarks, trade secrets, patents, or moral rights), privacy rights, publicity rights, or any other legal rights of any third party;
• Your User Content does not contain any material that is defamatory, libelous, obscene, pornographic, abusive, threatening, harassing, hateful, or otherwise objectionable;
• Your User Content complies with all applicable federal, state, local, and international laws, rules, and regulations;
• You have paid and will pay all royalties, fees, and any other amounts owed to any person or entity by reason of your User Content;
• You have obtained all necessary clearances, sample licenses, and permissions for any third-party content incorporated in your User Content.

5.1 Platform License

By uploading, posting, or transmitting User Content to the App, you hereby grant 1SamDigital LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to:

• Use, reproduce, modify, adapt, publish, translate, and create derivative works from your User Content;
• Distribute, publicly perform, publicly display, and digitally transmit your User Content;
• Incorporate your User Content into other works in any format or medium now known or later developed;
• Use your name, likeness, image, and biographical information in connection with your User Content for promotional and marketing purposes.

This license is granted for the purpose of operating, developing, providing, promoting, and improving the App and our services, and to develop new services.

5.2 User-to-User Sharing License

By uploading User Content and subscribing to the App, you acknowledge and agree that other users of the App may access, view, stream, and share your User Content within the App environment. You grant other users a non-exclusive license to access and use your User Content as enabled by the functionality of the App, without additional consent or payment to you.

5.3 Embeddable Content

If you utilize the App's embedding features, you grant third parties a limited license to embed and display your User Content on external websites and platforms through the Platform's embedding functionality.

5.4 License Survival

The licenses granted herein shall survive termination of your account with respect to any User Content that was distributed or shared prior to termination. Upon termination, we will make commercially reasonable efforts to remove your User Content from the Platform, but we are not responsible for User Content that may persist in backups, caches, or third-party systems.

You agree not to upload, post, or transmit any User Content or engage in any conduct that:

• Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
• Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or invasive of another's privacy;
• Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software or hardware;
• Impersonates any person or entity or falsely states or misrepresents your affiliation with a person or entity;
• Involves commercial activities without our prior written consent, including contests, sweepstakes, barter, advertising, or pyramid schemes;
• Violates any applicable local, state, national, or international law;
• Promotes illegal activities or provides instructional information about illegal activities;
• Contains content that exploits minors in any way;
• Attempts to gain unauthorized access to other computer systems or user accounts;
• Interferes with or disrupts the App or servers or networks connected to the App.

1SamDigital LLC respects the intellectual property rights of others and expects users of the App to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.

7.1 DMCA Notice Requirements

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement, please provide our designated copyright agent with the following information in writing:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed;
• A description of where the material that you claim is infringing is located on the App;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

7.2 Designated Copyright Agent

Please send all DMCA notices to:
Email: 1samdigital4u@gmail.com
Subject Line: DMCA Takedown Request

7.3 Repeat Infringer Policy

We maintain a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. We may also, at our sole discretion, limit access to the App and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

The App offers various subscription tiers with different features and pricing. By subscribing to a paid plan, you agree to pay all applicable fees and authorize us to charge your designated payment method.

• Billing: Subscription fees are billed in advance on a recurring basis (monthly or annually, depending on your plan).
• Auto-Renewal: Your subscription will automatically renew unless you cancel before the end of the current billing period.
• Price Changes: We reserve the right to change subscription prices with 30 days' notice. Continued use after price changes constitutes acceptance.
• Refunds: Subscription fees are generally non-refundable, except as required by applicable law or at our sole discretion.
• Cancellation: You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of the current billing period.

The App enables users to send monetary tips to content creators. By participating in the tipping feature, you acknowledge and agree:

• Tips are voluntary payments and are non-refundable once processed;
• 1SamDigital LLC retains an 11% service fee on all creator withdrawals to cover platform costs, payment processing, and administrative expenses;
• Premium Plus subscribers receive a reduced 8% service fee on withdrawals;
• Tips may be split among multiple creators (e.g., featured artists) as determined by the platform;
• Creators are solely responsible for reporting and paying all applicable taxes on their earnings;
• We reserve the right to withhold, suspend, or forfeit creator earnings in cases of fraud, Terms violations, or chargebacks;
• Minimum withdrawal amount is $5.00 USD;
• Withdrawals are processed to Cash App or PayPal as configured by the creator;
• Withdrawal requests are subject to review and may take 1-5 business days to process.

Important: By setting up payout methods and requesting withdrawals, creators acknowledge and accept the applicable service fee as outlined above. The service fee helps maintain the platform, cover payment processing costs, and support ongoing development.

You agree to indemnify, defend, and hold harmless 1SamDigital LLC and its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, licensors, suppliers, and any third-party information providers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys' fees, arising out of or relating to:

• Your use or misuse of the App;
• Your User Content;
• Your violation of this Agreement;
• Your violation of any rights of another party, including any intellectual property rights;
• Your violation of any applicable laws, rules, or regulations;
• Any claim that your User Content caused damage to a third party.

This indemnification obligation will survive the termination of your account and this Agreement.

We reserve the right, in our sole discretion, to terminate or suspend your account and access to the App immediately, without prior notice or liability, for any reason whatsoever, including without limitation:

• Breach of this Agreement;
• Requests by law enforcement or other government agencies;
• Discontinuance or material modification of the App;
• Unexpected technical or security issues;
• Extended periods of inactivity;
• Engagement in fraudulent or illegal activities;
• Nonpayment of any fees owed.

Upon termination, your right to use the App will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at 1samdigital4u@gmail.com. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or 1SamDigital LLC may bring a formal proceeding.

14.2 Binding Arbitration

Any dispute arising from or relating to this Agreement or your use of the App shall be finally resolved by binding arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules. The arbitration shall be conducted in English, and judgment on the award may be entered in any court having jurisdiction.

14.3 Class Action Waiver

YOU AND 1SAMDIGITAL LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of the United States of America and the State of Ohio, without regard to its conflict of law provisions.

To the extent that any lawsuit or court proceeding is permitted hereunder, you and 1SamDigital LLC agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Franklin County, Ohio, for the purpose of litigating all such claims or disputes.

16.1 Entire Agreement

This Agreement constitutes the entire agreement between you and 1SamDigital LLC regarding the App and supersedes all prior agreements and understandings.

16.2 Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

16.3 Waiver

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

16.4 Assignment

You may not assign or transfer this Agreement or your rights hereunder without our prior written consent. We may assign this Agreement without restriction.

16.5 Force Majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.