Terms of Service

1. Acceptance of Terms

By accessing or using Anka, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the platform.

We may update these Terms from time to time. We will notify you of material changes via email or platform notification. Continued use after changes constitutes acceptance.

2. Eligibility

2.1 Age Requirements

• You must be at least 13 years old to use Anka.
• If you are between 13 and 17 years old, you must have your parent or legal guardian's consent.
• If you are under 18, payouts must be directed to a parent or guardian's payment account.

2.2 Account Requirements

• You must provide accurate and complete information when creating an account.
• You are responsible for maintaining the security of your account credentials.
• You may not create multiple accounts to circumvent platform rules or bans.
• One person or entity may only maintain one Creator account and one Buyer account.

3. Account Types

3.1 Creator Accounts

Creator accounts are for users who upload AI-generated music to the platform. Creators can:

• Upload tracks and receive Provenance Certificates
• Apply for verification status
• List tracks for licensing
• Receive payouts from license sales

Creator Requirements:

• You must have valid commercial rights from your AI music generation tool (e.g., Suno Pro, Udio Pro subscription)
• You must accurately represent your rights status during verification
• You are responsible for ensuring you have the right to license any music you upload

3.2 Buyer Accounts

Buyer accounts are for users who purchase licenses to use music. Buyers can:

• Browse and preview tracks
• Purchase licenses at various tiers
• Download licensed tracks
• Access license documentation

3.3 Verification Status

Creators may apply for Verified status by demonstrating commercial rights from their AI tool subscription.

4. Creator Responsibilities

4.1 Rights Representation

By uploading content to Anka, you represent and warrant that:

• You created the track using AI music generation tools under a valid subscription that grants you commercial rights to the output.
• You have the right to license the track to third parties for the uses described in our license tiers.
• To the best of your knowledge, the track does not infringe on any third-party rights.
• All information you provide during verification is accurate and complete.
• You will notify Anka promptly if your AI tool subscription lapses or your commercial rights status changes.

4.2 Prohibited Content

You may NOT upload content that:

• You do not have commercial rights to license
• Contains samples, stems, or elements from copyrighted works without authorization
• Is defamatory, obscene, or illegal
• Promotes hate speech, violence, or discrimination
• Infringes on any third-party rights
• Contains malware, viruses, or harmful code

5. Buyer Responsibilities

5.1 License Compliance

By purchasing a license, you agree to:

• Use the track only in accordance with the license tier purchased (Personal, Commercial, or Broadcast).
• Not exceed the project limits specified in your license tier.
• Not redistribute, resell, or sublicense the track as a standalone audio file.
• Not register the track with any content identification system (e.g., YouTube Content ID) or claim ownership.
• Not use the track in prohibited content.

6. Prohibited Activities (All Users)

You may NOT:

• Create multiple accounts to evade bans or manipulate the platform
• Share account credentials with others
• Use bots, scrapers, or automated tools to access the platform
• Attempt to circumvent security measures or access restrictions
• Provide false information during verification
• Misrepresent your rights to content
• Engage in payment fraud or illegitimate chargebacks
• Register Anka tracks with Content ID systems after licensing

7. Account Termination

8. Fees and Payments

8.1 Platform Fees

Anka charges a platform fee on each license sale, deducted from the Creator's payout (see verification tiers above).

8.2 Creator Payouts

• Payouts are processed via Stripe Connect
• You must connect a valid Stripe account to receive payouts
• You are responsible for any taxes owed on your earnings
• Minimum payout threshold: $10

8.3 Refunds

• Licenses are generally non-refundable once delivered
• Refund requests for defective files or technical issues will be handled case-by-case
• If a Creator's license is revoked due to rights issues, affected Buyers may be eligible for refunds

9. Intellectual Property

9.1 Your Content

You retain whatever rights you have in the content you upload to Anka. By uploading, you grant Anka a non-exclusive, worldwide, royalty-free license to host, store, display, and promote your content on the platform.

9.2 Anka Property

The Anka platform, including its design, features, code, and branding, is owned by Anka Technologies, Inc. You may not copy, modify, or create derivative works from our platform without permission.

10. Important Disclosures: AI-Generated Music

10.2 Verification Limitations

• Point-in-Time Verification: When we verify a Creator's commercial rights, we verify based on information available at that time.
• AI Tool Terms May Change: If an AI tool changes its terms, that is a matter between you and the AI tool provider, not Anka.
• Provenance, Not Ownership: Provenance Certificates document when a track was uploaded and by whom. They do not constitute proof of ownership or copyright.

10.3 Protection Limitations

• Tools, Not Guarantees: Anka provides protection tools (Provenance Certificates, fingerprinting, enforceable licenses). We do not guarantee that no one will ever misuse your music.
• No Enforcement Agency: Anka is not a law firm, enforcement agency, or rights organization.
• External Platforms: We cannot control how third-party platforms (YouTube, TikTok, Spotify, etc.) handle content.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANKA'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (a) The fees you paid to Anka in the twelve (12) months preceding the claim, OR (b) One hundred US dollars ($100).

ANKA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, OR COST OF SUBSTITUTE SERVICES.

12. Indemnification

You agree to indemnify, defend, and hold harmless Anka and its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from your breach of these Terms, misrepresentation of commercial rights, or claims that your content infringes third-party rights.

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at legal@anka.so and attempt to resolve the dispute informally for at least thirty (30) days.

13.2 Arbitration Agreement

If informal resolution fails, any dispute shall be resolved through binding arbitration under the rules of the American Arbitration Association.

13.3 Class Action Waiver

YOU AGREE TO RESOLVE DISPUTES WITH ANKA ON AN INDIVIDUAL BASIS ONLY. You waive any right to participate in a class action lawsuit or class-wide arbitration.

13.4 Governing Law

These Terms shall be governed by the laws of the State of Delaware, United States.

14. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy and License Agreement, constitute the entire agreement between you and Anka.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full effect.
• No Waiver: Our failure to enforce any provision does not waive our right to enforce it later.
• Assignment: You may not assign these Terms without our written consent.

15. Contact Information