Services Terms

1. Acceptance

These terms form a binding agreement between you ("Customer") and SongSure LLC ("SongSure", "we", "us") for takedown, monitoring, and related services ordered through our websites, including dmca.songsure.co, namecheck.songsure.co, and services.songsure.co. By placing an order, you confirm you have read, understood, and accepted these terms. Submitting your order constitutes acceptance.

2. Definitions

• Services means the takedown filing, content monitoring, name check, and bundled services described on our websites and in your order confirmation.
• Content means the copyrighted work or works you identify in your order, including recordings, compositions, artwork, video, text, and images.
• Notice means a takedown notice or cease and desist communication prepared and filed on your behalf under applicable law, including 17 U.S.C. 512.
• Case means one purchased takedown service for one identified infringement.

3. The services

3.1 Takedown tiers

Standard, Premium, and Platinum takedowns are managed filing services. We research the infringing location, identify the appropriate recipient (site owner, host, or platform), draft the notice, and present it to you for explicit approval. No notice is sent until you approve it with one click. Filing normally occurs the same day you approve.

3.2 Shield and Studio plans

Shield and Studio are recurring monitoring and protection plans billed monthly or yearly. They include ongoing monitoring for infringing uses of your registered content and managed takedown filings as described for your plan level.

3.3 Bundles

The New Artist Bundle and Release Shield combine name check and monitoring services for a defined term or release, as described at purchase.

3.4 Badge

The SongSure Badge is a free deterrent badge for your website. Registration is free. After 30 days of continuous registration you become eligible for one free Standard takedown, subject to case review.

4. Your representations and warranties

By ordering, you represent and warrant that:

1. You are the author, copyright owner, exclusive licensee, or otherwise authorized agent of the owner of the Content, with full authority to request takedown action.
2. The Content does not infringe the rights of any third party, and your request does not target material you do not own or control.
3. You have a good faith belief that the identified use of the Content is not authorized by you, your company, your agents, or the law.
4. The information you provide is accurate and complete to the best of your knowledge.

Perjury notice. Takedown notices filed under 17 U.S.C. 512 contain statements made under penalty of perjury, including your authorization to act on behalf of the copyright owner. Knowing material misrepresentation in a notice can expose you to liability for damages under 17 U.S.C. 512(f), including costs and attorneys fees. Do not submit a case for content you do not own or control.

5. Authorization to act as your agent

You authorize SongSure to act as your non-exclusive agent for the limited purpose of preparing, submitting, and following up on takedown notices and related communications for the Content identified in your order. This authorization covers the specific case purchased and does not transfer any ownership interest in your Content.

6. Your cooperation

You agree to provide accurate identification of the Content and the infringing material, including URLs or other locating information, and to respond to reasonable follow-up requests during case review. Cases cannot proceed without sufficient identifying information. If a case cannot proceed because required information is missing and you do not supply it within 30 days of request, the case may be closed without refund.

7. No guarantee of removal

We file properly prepared notices with the appropriate recipients and follow up as described for your tier. We do not guarantee that any specific infringing copy will be removed, how quickly a recipient will act, or that removed content will not reappear. Recipients make their own decisions, and some locations do not comply with notices. Our obligation is diligent, professional filing and follow-up, not a particular outcome.

8. Fees, payment, and refunds

• Fees are as listed at the time of order, in US dollars, plus any applicable sales tax calculated at checkout.
• One-time takedown fees cover one case: one identified infringement of one work. Additional infringements require additional cases.
• Shield and Studio plans renew automatically at the end of each billing period until cancelled. You may cancel at any time; cancellation takes effect at the end of the current paid period.
• Because each case involves human review and filing work that begins immediately, takedown fees are non-refundable once case review has started, except where a money-back assurance was expressly stated for your tier before you paid and its stated conditions are met.
• Subscription fees are non-refundable for the current billing period once charged.

9. Acceptable use

You agree not to use the Services to target content you do not own or control, to harass any party, to submit knowingly false claims, or for any unlawful purpose. We may refuse or terminate service, without refund, if we reasonably believe a case is without merit, abusive, or in breach of these terms.

10. Term and termination

One-time services conclude when the case is closed. Subscriptions continue until cancelled by you or terminated by us. We may suspend or terminate Services immediately for breach of these terms, including breach of your representations in Section 4.

11. Limitation of liability

To the maximum extent permitted by law, SongSure's total liability for any claim arising from the Services is limited to the fees you paid for the specific service giving rise to the claim. SongSure is not liable for indirect, incidental, consequential, or punitive damages, including lost profits or lost licensing revenue, even if advised of the possibility. We are not liable for the actions or inactions of third-party recipients of notices, including their failure or refusal to remove content.

12. Indemnification

You agree to indemnify and hold harmless SongSure, its owners, employees, and agents against claims, damages, losses, and expenses (including reasonable attorneys fees) arising from your breach of these terms, your breach of the representations in Section 4, or any notice filed at your direction and with your approval.

13. Not a law firm

SongSure is not a law firm and does not provide legal advice. The Services are filing and case-management services. Nothing on our websites or in our communications is legal advice or a legal opinion. For legal questions about your rights, consult a licensed attorney.

14. Privacy

We collect the information needed to perform the Services: your contact details, order details, and case materials. We use it to operate your cases, communicate with you, and meet legal obligations. We do not sell your personal information.

15. Changes to these terms

We may update these terms from time to time. The version in effect at the time of your order governs that order. Material changes will be reflected in the "Last updated" date above.

16. Governing law

These terms are governed by the laws of the State of South Dakota, without regard to conflict of law principles. Disputes will be resolved in the state or federal courts located in South Dakota, and you consent to their jurisdiction.

17. Contact

Questions about these terms: andrew@songsure.co.