Terms of Service

1. Agreement to Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”, “your”, “Artist”, “User”), and SwaLay Digital, doing business as SwaLay (“SwaLay”, “we”, “us”, “our”), concerning your access to and use of the SwaLay platform, including the websites at https://swalay.in, https://swalay.com, https://swalay.talantoncore.in, and https://swalayplus.in, the SwaLay mobile application, SwaLay artist dashboard, SwaLay Studio audio processing services, and any other media form, service, tool, feature, or technology linked or connected thereto (collectively, the “Platform”).

SwaLay Digital is a music technology company registered in India, with its registered office at TalantonCore HO, Graphix Tower - 2, A-13, Sector 62 Ground Floor, Noida, Sector 62, Noida, Gautam Buddha Nagar- 201301, Uttar Pradesh, India. SwaLay is a part of TalantonCore LLP.

By accessing or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms, along with our Content Declaration, Content Distribution Policy, Copyright Infringement Policy, Royalty Sharing Policy, and Privacy Policy, all of which are incorporated by reference into these Terms.

IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE PLATFORM AND MUST DISCONTINUE USE IMMEDIATELY.

We reserve the right to make changes or modifications to these Terms at any time. We will notify you of material changes by updating the “Last Updated” date and, where appropriate, by sending notice to the email address associated with your account. Your continued use of the Platform following such notification constitutes your acceptance of the revised Terms.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• “Content” means any audio recordings, musical compositions, artwork, metadata, lyrics, videos, images, text, or other materials submitted to or through the Platform.
• “Artist” or “User” means any individual or entity that registers for and uses the Platform to distribute, manage, or monetize Content.
• “Distribution” means the delivery and licensing of Content to third-party Digital Service Providers (DSPs) and platforms for streaming, downloading, or other forms of digital consumption.
• “DSP” (Digital Service Provider) means any third-party platform, store, or service through which Content is made available, including but not limited to Spotify, Apple Music, YouTube Music, Amazon Music, JioSaavn, Gaana, Wynk, Instagram, Facebook, TikTok, and others.
• “Royalties” means any revenue, payments, or earnings generated from the streaming, downloading, licensing, or other use of Content through DSPs or other channels.
• “SwaLay Studio” means the suite of audio processing, mastering, mixing, and production tools provided through the Platform.
• “Label” means an artist-created or managed record label account on the Platform used to organize and distribute Content under a collective identity.
• “ISRC” (International Standard Recording Code) means the unique identifier assigned to each individual sound recording distributed through the Platform.
• “UPC” (Universal Product Code) means the unique barcode identifier assigned to each release (album, EP, single) distributed through the Platform.
• “Metadata” means all descriptive information associated with Content, including but not limited to titles, artist names, album names, track numbers, genre classifications, language tags, release dates, credits, and copyright information.
• “Caller Tune” or “CRBT” (Caller Ring Back Tone) means a service that replaces the standard ringing tone heard by callers with a selected song or audio clip.
• “Content ID” means automated content identification systems operated by platforms such as YouTube to detect and manage copyrighted Content.

3. Eligibility & Account Registration

To use the Platform, you must meet the following eligibility requirements:

• You must be at least 18 years of age. By registering an account on SwaLay Plus or submitting any content for distribution, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding agreement under the Indian Contract Act, 1872. Persons under the age of 18 are not permitted to create accounts, submit content, or use any content distribution, monetization, or royalty services on this platform. SwaLay Digital reserves the right to immediately terminate any account and forfeit all associated benefits if the account holder is found to be under 18 years of age at the time of registration or at any time during the use of the platform.
• You must have the legal capacity and authority to enter into a binding agreement under the Indian Contract Act, 1872.
• You must not have been previously suspended or removed from the Platform.
• You must not be located in a jurisdiction where use of the Platform would be prohibited by law.

When registering an account, you agree to:

• Provide accurate, current, and complete information as prompted by the registration form.
• Maintain and promptly update your account information to keep it accurate and complete.
• Maintain the confidentiality of your account credentials, including your password.
• Accept responsibility for all activities that occur under your account.
• Immediately notify SwaLay of any unauthorized use of your account or any other breach of security.

SwaLay reserves the right to refuse registration, suspend, or terminate any account at its sole discretion, particularly if we suspect that information provided is false, misleading, or violates these Terms.

You may not use another person's account without authorization. You may not create multiple accounts for deceptive or fraudulent purposes.

4. Age Verification & Misrepresentation

By creating an account on SwaLay Plus, you confirm under penalty of perjury that you are at least 18 years of age. If it is subsequently discovered that you were under the age of 18 at the time of account registration:

• Your account will be immediately and permanently terminated.
• All content submitted through your account will be removed from all distribution platforms.
• All royalties and earnings associated with your account will be permanently forfeited.
• SwaLay Digital reserves the right to recover any costs, damages, or losses incurred as a result of your misrepresentation, including but not limited to administrative costs, legal fees, platform penalties, and reputational damages.

Misrepresentation of age to gain access to the platform constitutes fraud and may be reported to the appropriate law enforcement authorities.

5. Description of Services

SwaLay provides the following services through the Platform:

• Music Distribution: Delivery of your Content to 50+ DSPs worldwide, including major platforms such as Spotify, Apple Music, YouTube Music, Amazon Music, JioSaavn, Gaana, Wynk, and others.
• Lyrics Distribution: Synchronization and delivery of lyrics to supported platforms for display during playback.
• Caller Tune Distribution: Automated distribution of your Content as Caller Ring Back Tones (CRBT) to telecom operators including Jio, Airtel, Vi, and BSNL.
• YouTube Content ID: Registration and management of your Content in YouTube's Content ID system for copyright protection and monetization.
• SwaLay Studio: Professional audio processing tools including mastering, mixing, spatial audio conversion, and other production services.
• Analytics Dashboard: Real-time streaming analytics, revenue tracking, audience demographics, and geographic performance data.
• Rights Management: Copyright monitoring, automated takedown services, and intellectual property protection across digital platforms.
• Royalty Collection & Distribution: Collection of royalties from DSPs and distribution to artists in accordance with our Royalty Sharing Policy.
• Artist Profile & Brand Tools: Artist profile pages, smart links, promotional tools, and brand management features.
• Label Management: Tools for creating and managing record labels, sub-labels, and multi-artist catalogues.

SwaLay reserves the right to modify, suspend, or discontinue any service or feature at any time, with or without notice. We will make reasonable efforts to notify users of material changes to services.

6. Content Submission & Distribution

When you submit Content through the Platform for distribution, you represent and warrant that:

• You are the sole owner of the Content, or you have obtained all necessary rights, licenses, permissions, and consents from all rights holders to submit and distribute the Content through the Platform.
• The Content does not infringe upon the intellectual property rights, privacy rights, publicity rights, or any other rights of any third party.
• The Content is not defamatory, obscene, illegal, or otherwise objectionable in any jurisdiction where it may be distributed.
• All metadata provided is accurate, complete, and does not misrepresent the Content, its creators, or its rights holders.
• You have secured all necessary licenses for any samples, interpolations, cover versions, or third-party elements included in the Content.
• The Content complies with all applicable laws, regulations, and the content policies of DSPs to which it will be distributed.

SwaLay acts as a distributor and technology provider. We do not claim ownership of your Content. Copyright and ownership remain with the original rights holder(s) at all times.

By submitting Content, you grant SwaLay a non-exclusive, worldwide, royalty-free license to distribute, transmit, reproduce, and display the Content solely for the purposes of providing the Platform services, including distribution to DSPs, promotional activities, and platform operations.

SwaLay reserves the right to review and reject any Content that does not comply with our content standards, DSP requirements, or these Terms. We may also remove previously distributed Content if we determine, at our sole discretion, that it violates these Terms or applicable policies.

Once Content is submitted for distribution, delivery times to DSPs may vary. SwaLay does not guarantee specific delivery dates or availability on any particular DSP. Removal of Content from DSPs after takedown requests may also take time depending on the respective DSP's processing timelines.

7. Intellectual Property Rights

SwaLay respects intellectual property rights and expects all users to do the same.

Your Content: You retain full ownership of all intellectual property rights in the Content you submit through the Platform. SwaLay does not claim any ownership rights over your music, artwork, lyrics, or other creative works.

SwaLay's Intellectual Property: The Platform, including its design, features, functionality, code, algorithms, trademarks, logos (including the SwaLay logo and brand), user interfaces, and all related technology, is the exclusive property of SwaLay Digital and TalantonCore LLP. You may not copy, modify, distribute, sell, lease, or create derivative works based on any part of the Platform without our prior written consent.

ISRC & UPC Codes: ISRCs and UPCs generated by SwaLay for your Content are assigned under SwaLay's registrant codes. While the Content associated with these codes belongs to you, the codes themselves are managed by SwaLay and may be subject to reassignment if your Content is removed from the Platform.

Feedback: If you provide any feedback, suggestions, or ideas regarding the Platform, you grant SwaLay an unrestricted, irrevocable, perpetual, royalty-free license to use such feedback for any purpose without compensation or attribution to you.

Copyright Infringement: If you believe that any Content on the Platform infringes your copyright, please refer to our Copyright Infringement Policy and Grievance Policy for instructions on how to submit a takedown request.

8. SwaLay Studio & Audio Processing Services

SwaLay Studio provides professional audio processing services including but not limited to mastering, mixing, spatial audio conversion (Dolby™ Atmos), stem separation, and other audio enhancement tools.

By using SwaLay Studio services:

• You retain full ownership of the original Content and any processed output.
• You acknowledge that audio processing may alter the sonic characteristics of your Content and that results may vary depending on the source material.
• You agree that SwaLay may use anonymized, aggregated data from Studio usage for the purpose of improving our AI models and audio processing algorithms, without identifying you or your Content.
• You understand that SwaLay Studio services may be subject to additional fees, usage limits, or fair-use policies as specified on the Platform.

SwaLay does not guarantee that processed audio will meet any specific quality standard or be accepted by any particular DSP. It is your responsibility to review and approve processed Content before distribution.

SwaLay may update, modify, or discontinue Studio features at any time. We will make reasonable efforts to preserve any in-progress projects but cannot guarantee data retention for Studio sessions beyond the periods specified on the Platform.

9. Royalties & Payments

SwaLay collects royalties from DSPs on behalf of artists and distributes them in accordance with the following terms and our Royalty Sharing Policy:

• Revenue Share: SwaLay retains a commission as specified in your plan or agreement. The remaining royalties are payable to you. Specific commission rates are detailed in your subscription plan and/or Royalty Sharing Policy.
• Payment Schedule: Royalties are processed and made available for withdrawal on a schedule as specified on the Platform (typically quarterly, though this may vary by plan). Payments are subject to minimum payout thresholds.
• Payment Methods: Payments are made via bank transfer, UPI, or other methods as supported by the Platform. You are responsible for providing accurate payment information. SwaLay is not responsible for failed payments due to incorrect account details.
• Currency: All royalty calculations and payments are processed in Indian Rupees (INR) unless otherwise specified. Currency conversion rates are determined at the time of processing.
• Taxes: You are solely responsible for all taxes, duties, and levies applicable to your royalty income. SwaLay may deduct applicable taxes (such as TDS under Indian tax law) as required by law before processing payments. SwaLay does not provide tax advice.
• Disputes: If you believe there is a discrepancy in your royalty statement, you must raise a dispute within 90 days of the statement date. SwaLay will investigate and resolve disputes in good faith.
• Reporting: DSP reporting timelines vary and may result in delays between when streams occur and when they appear in your analytics or royalty statements. SwaLay relies on data provided by DSPs and is not responsible for inaccuracies in DSP reporting.

SwaLay reserves the right to withhold or deduct royalties in cases of suspected fraud, policy violations, chargebacks, or Content removals.

10. Pricing, Purchases & Payment Terms

SwaLay may offer various subscription plans, one-time services, and add-on features for purchase through the Platform. All pricing is displayed on the Platform and may be updated from time to time.

• Subscription Plans: If you subscribe to a paid plan, you agree to pay the applicable fees. Subscription fees may be charged on a one-time, monthly, or annual basis as specified. Fees are non-refundable except as expressly stated in our Refund Policy or as required by applicable law.
• Free Plans: If you use a free plan, you acknowledge that certain features may be limited or unavailable, and that SwaLay may modify or discontinue free plans at any time.
• Price Changes: SwaLay reserves the right to change pricing at any time. We will provide notice of price increases before they take effect. Your continued use of paid services after a price change constitutes acceptance of the new pricing.
• Payment Processing: Payments are processed through third-party payment gateways. SwaLay does not store your full payment credentials. By making a purchase, you also agree to the terms and privacy policies of the applicable payment processor.
• Failed Payments: If a payment fails, SwaLay may suspend access to paid features until payment is successfully processed.
• Refunds: Refund requests are handled in accordance with our Refund Policy. Distribution fees are generally non-refundable once Content has been submitted to DSPs, as the distribution process incurs costs that cannot be recovered.

11. Prohibited Activities

You may not use the Platform for any purpose other than that for which it is intended. The following activities are strictly prohibited:

• Uploading, distributing, or promoting Content that you do not own or do not have the right to distribute.
• Engaging in stream manipulation, including but not limited to the use of bots, click farms, automated streaming tools, playlist manipulation, or any artificial means of inflating stream counts or engagement metrics.
• Creating multiple accounts to circumvent restrictions, bans, or limitations imposed by SwaLay.
• Submitting false, misleading, or fraudulent metadata, including incorrect artist names, song titles, credits, or copyright information.
• Impersonating another artist, label, or entity, or misrepresenting your affiliation with any person or organization.
• Using the Platform to distribute Content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or racially or ethnically offensive.
• Attempting to reverse-engineer, decompile, disassemble, or hack any part of the Platform.
• Interfering with or disrupting the integrity, security, or performance of the Platform or its underlying infrastructure.
• Using automated scripts, bots, crawlers, or other tools to access or scrape the Platform without authorization.
• Selling, transferring, or sublicensing your account or access to the Platform to any third party without SwaLay's prior written consent.
• Engaging in any activity that violates the terms, policies, or guidelines of any DSP to which Content is distributed through the Platform.
• Using the Platform to promote or facilitate illegal activities, including but not limited to money laundering, fraud, or the distribution of illegal substances.

Violation of any prohibited activity may result in immediate account suspension or termination, removal of Content, forfeiture of pending royalties, and/or legal action.

12. Content Standards & Compliance

All Content submitted through the Platform must comply with the following standards:

• Audio Quality: Audio files must meet the minimum quality standards specified on the Platform (typically WAV or FLAC at 16-bit/44.1kHz or higher). Low-quality, corrupted, or heavily compressed files may be rejected.
• Artwork: Cover artwork must be original or properly licensed, meet minimum resolution requirements (typically 3000x3000 pixels), and comply with DSP artwork guidelines. Artwork must not contain explicit content without proper labeling, third-party logos or trademarks without authorization, or misleading information.
• Metadata Accuracy: All metadata must accurately represent the Content. Intentionally misleading metadata (such as using popular artist names in titles or tags to game search algorithms) is strictly prohibited.
• Explicit Content: Content containing explicit language, themes, or imagery must be properly flagged as explicit during submission.
• Copyright Compliance: All Content must comply with applicable copyright laws. Cover songs, remixes, samples, and interpolations require proper licenses and clearances before submission.
• DSP Compliance: Content must comply with the content policies of the DSPs to which it will be distributed. SwaLay may reject Content that is likely to be rejected by major DSPs.

SwaLay reserves the right to review, approve, reject, or remove any Content at its sole discretion. Content that violates these standards may be rejected during review or removed after distribution.

13. Artist Identity & Name Protection

SwaLay takes artist identity seriously. When you register an artist name on the Platform:

• You represent that you have the right to use the artist name and that it does not infringe on the name, trademark, or identity of another artist or entity.
• You acknowledge that SwaLay does not guarantee exclusivity of artist names across all DSPs, as name availability is controlled by each individual DSP.
• You agree not to register artist names that impersonate or are confusingly similar to established artists for the purpose of misleading listeners or gaming platform algorithms.
• SwaLay may, at its discretion, require verification of your right to use a particular artist name, especially in cases of disputes or where the name is similar to that of an established artist.

In the event of an artist name dispute:

• SwaLay will review evidence provided by both parties.
• Priority may be given to the artist who can demonstrate prior and established use of the name.
• SwaLay's decision in name disputes is final and binding on all parties using the Platform.
• SwaLay may, at its discretion, require an artist to modify their name to resolve disputes.

14. AI-Generated & AI-Assisted Content

With the emergence of AI-generated and AI-assisted music, SwaLay establishes the following policies:

• Disclosure Requirement: You must disclose if your Content is fully or partially generated by artificial intelligence tools during the submission process. This includes AI-generated vocals, compositions, lyrics, artwork, or any other element.
• Ownership & Rights: You are responsible for ensuring that you have the legal right to distribute AI-generated Content. The legal landscape regarding copyright ownership of AI-generated works is evolving, and you assume all risk associated with the copyright status of such Content.
• DSP Compliance: Some DSPs have specific policies regarding AI-generated Content. SwaLay will distribute AI-generated Content only to DSPs whose policies permit it. Your Content may be excluded from certain DSPs based on their AI content policies.
• Voice Cloning & Deepfakes: Content that uses AI to clone, replicate, or simulate the voice or likeness of any real person without their explicit, documented consent is strictly prohibited.
• SwaLay's Position: SwaLay supports authentic artistic expression and transparency. We reserve the right to update our AI content policies as industry standards, legal frameworks, and DSP policies evolve.

15. Third-Party Platforms & Services

The Platform integrates with and distributes Content to numerous third-party DSPs and services. You acknowledge and agree that:

• Each DSP has its own terms of service, content policies, and editorial guidelines. SwaLay is not responsible for the actions, policies, or decisions of any DSP.
• DSPs may reject, remove, or restrict Content at their own discretion, regardless of whether SwaLay has accepted and distributed such Content.
• SwaLay does not control or guarantee playlist placement, editorial features, algorithmic recommendations, or any form of promotion on any DSP.
• Availability of Content on specific DSPs may vary by region and is subject to local laws, licensing requirements, and DSP coverage.
• Changes to DSP terms, algorithms, or policies may affect the availability, performance, or monetization of your Content. SwaLay is not responsible for such changes.
• Third-party links, integrations, or services accessible through the Platform are provided for convenience only. SwaLay does not endorse, control, or assume responsibility for any third-party content, services, or websites.

Your use of any third-party service is at your own risk and subject to that service's own terms and policies.

16. User-Generated Contributions

The Platform may allow you to create, submit, post, display, transmit, or otherwise make available content and contributions beyond your distributed music Content, including but not limited to artist biographies, comments, forum posts, playlist descriptions, and profile information (“Contributions”).

You are solely responsible for all Contributions you make on the Platform. By making Contributions, you represent and warrant that:

• Your Contributions are accurate, not misleading, and do not violate the rights of any third party.
• Your Contributions do not contain defamatory, harassing, abusive, threatening, or otherwise objectionable material.
• Your Contributions do not promote illegal activities, violence, or hatred against any individual or group.
• Your Contributions do not contain viruses, malware, or other harmful code.
• Your Contributions comply with all applicable laws and regulations.

SwaLay reserves the right to remove any Contributions at its sole discretion and without prior notice.

17. Contribution License

By making any Contribution to the Platform, you grant SwaLay a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, and fully sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Contributions in any media or format, now known or later developed, for any purpose related to the operation, promotion, and improvement of the Platform.

This license does not apply to your distributed music Content, which is governed by the Content submission and distribution terms in these Terms.

You waive any moral rights in your Contributions to the extent permitted by applicable law. You confirm that your Contributions are not confidential and that SwaLay is under no obligation of confidentiality with respect to your Contributions.

You retain ownership of your Contributions, but you acknowledge that SwaLay may use them as described above without compensation to you.

18. Data & Analytics

SwaLay provides analytics and data features through the Platform. Regarding data and analytics:

• Data Sources: Analytics data is sourced from DSPs, internal Platform metrics, and other third-party services. Data accuracy depends on the reporting provided by these sources.
• Reporting Delays: Analytics data may be delayed by hours, days, or weeks depending on DSP reporting schedules. Real-time data, where available, is approximate and subject to adjustment.
• Data Accuracy: While SwaLay strives to provide accurate analytics, we do not guarantee the absolute accuracy of any data presented on the Platform. DSP reporting may be revised, and historical data may be adjusted.
• Data Usage: SwaLay may use aggregated, anonymized data from the Platform for research, product improvement, industry reports, and other purposes. Such data will not identify individual users or their specific Content.
• Your Data: Your personal analytics data is available to you through your dashboard. You may export your data as supported by the Platform's features.

SwaLay is not responsible for business decisions you make based on analytics data provided through the Platform.

19. Disclaimer of Warranties

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SWALAY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, SwaLay makes no warranty or representation that:

• The Platform will be uninterrupted, timely, secure, or error-free.
• The results obtained from the use of the Platform will be accurate or reliable.
• The quality of any services, information, or other material obtained through the Platform will meet your expectations.
• Any errors in the Platform will be corrected.
• The Platform will be compatible with all devices, browsers, or operating systems.
• Content distributed through the Platform will be accepted, promoted, or featured by any DSP.

You acknowledge that SwaLay cannot guarantee the success, popularity, or commercial viability of any Content distributed through the Platform. Distribution does not constitute endorsement or any guarantee of performance.

20. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SWALAY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to, use of, or inability to access or use the Platform.
• Any conduct or content of any third party on the Platform.
• Any content obtained from the Platform.
• Unauthorized access, use, or alteration of your transmissions or content.
• Loss of revenue or royalties due to DSP reporting errors, payment delays, or platform issues.
• Rejection, removal, or restriction of Content by any DSP.
• Any interruption, suspension, or termination of the Platform or any part thereof.

In no event shall SwaLay's total aggregate liability to you for all claims arising from or related to the Platform exceed the amount you have paid to SwaLay in the twelve (12) months immediately preceding the event giving rise to the claim, or INR 10,000 (Indian Rupees Ten Thousand), whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, SwaLay's liability shall be limited to the maximum extent permitted by applicable law.

21. Indemnification

You agree to indemnify, defend, and hold harmless SwaLay, its parent company (TalantonCore LLP), subsidiaries, affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, demands, losses, damages, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Platform or any activity conducted through your account.
• Any Content you submit, distribute, or make available through the Platform.
• Your violation of these Terms or any applicable law or regulation.
• Your violation of any rights of any third party, including intellectual property rights, privacy rights, or publicity rights.
• Any claim that your Content caused damage to a third party.
• Any tax liability arising from your royalty income.

SwaLay reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any such matter without the prior written consent of SwaLay.

22. Takedown & Content Removal

SwaLay may remove or disable access to Content on the Platform in the following circumstances:

• Copyright Infringement: Upon receiving a valid takedown notice in accordance with applicable copyright law and our Copyright Infringement Policy.
• Policy Violations: If Content is found to violate these Terms, our Content Standards, or the policies of any DSP.
• Legal Requirements: If required by law, court order, or regulatory authority.
• Artist Request: Upon a legitimate request from the artist or rights holder to remove their own Content from the Platform and/or specific DSPs.
• Fraud or Abuse: If Content is associated with stream manipulation, fraudulent activity, or other abusive practices.

Regarding takedown processing:

• SwaLay will process takedown requests as promptly as reasonably practicable.
• Removal of Content from DSPs is subject to each DSP's own processing timelines and may not be instantaneous.
• Content that has been cached, archived, or downloaded by users prior to removal may continue to be accessible outside of our control.
• SwaLay is not responsible for Content that remains accessible on DSPs during the takedown processing period.

If your Content has been removed due to a copyright claim and you believe the removal was in error, you may submit a counter-notification in accordance with our Copyright Infringement Policy.

23. Grievance & Copyright Policy

SwaLay is committed to protecting the intellectual property rights of all creators and resolving disputes fairly and transparently.

Filing a Copyright Complaint: If you believe your copyrighted work has been infringed upon through Content distributed on the Platform, you may submit a complaint to our Grievance Officer with the following information:

• Your full name, address, and contact information.
• A description of the copyrighted work you claim has been infringed.
• The specific Content on the Platform that you claim infringes your rights, including relevant URLs or identifiers.
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information provided is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner.
• Your physical or electronic signature.

Grievance Officer:

Name: SwaLay Grievance Officer
Email: swalay.care@talantoncore.in
Address: TalantonCore HO, Graphix Tower - 2, A-13, Sector 62 Ground Floor, Noida, Sector 62, Noida, Gautam Buddha Nagar- 201301, Uttar Pradesh, India

SwaLay will acknowledge receipt of your complaint within 24 hours and endeavor to resolve the issue within 15 business days, in accordance with applicable Indian law including the Information Technology Act, 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021.

24. Privacy Policy

Your privacy is important to us. Our collection, use, storage, and protection of your personal information is governed by our separate Privacy Policy, which is available on the Platform and is incorporated into these Terms by reference.

By using the Platform, you consent to the collection and use of your information as described in the Privacy Policy. Key aspects include:

• We collect information you provide during registration, Content submission, and Platform use.
• We use your information to provide, maintain, and improve the Platform services.
• We may share certain information with DSPs as necessary for Content distribution.
• We implement industry-standard security measures to protect your information.
• You have rights regarding your personal data, including access, correction, and deletion, subject to applicable law.

For complete details on our data practices, please review our full Privacy Policy.

25. Term & Termination

These Terms remain in effect for as long as you maintain an account on the Platform or use any of our services.

Termination by You: You may terminate your account at any time by contacting SwaLay support. Upon termination:

• You may request removal of your Content from DSPs, subject to DSP processing timelines.
• Any pending royalties above the minimum payout threshold will be processed in the next regular payment cycle.
• Pending royalties below the minimum payout threshold may be forfeited unless you request a final settlement.
• Your account data will be retained for a period as required by applicable law and for legitimate business purposes.

Termination by SwaLay: SwaLay may suspend or terminate your account at any time, with or without notice, for any reason including but not limited to:

• Violation of these Terms or any applicable policy.
• Suspected fraud, stream manipulation, or abusive behavior.
• Non-payment of applicable fees.
• Inactivity for an extended period (as specified on the Platform).
• Legal or regulatory requirements.

Effects of Termination: Upon termination, your right to use the Platform ceases immediately. Sections of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, limitations of liability, indemnification, and dispute resolution.

26. Modifications to Terms & Services

SwaLay reserves the right to modify these Terms at any time, at its sole discretion. Changes will be effective upon posting of the updated Terms on the Platform, with the “Last Updated” date revised accordingly.

For material changes, SwaLay will:

• Update the “Last Updated” date at the top of these Terms.
• Make reasonable efforts to notify you through the Platform, via email, or through other appropriate communication channels.
• Where required by applicable law, provide a notice period before changes take effect.

Your continued use of the Platform after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree with the modified Terms, you must stop using the Platform and may terminate your account.

SwaLay also reserves the right to modify, suspend, or discontinue any aspect of the Platform, including features, services, and pricing, at any time without prior notice, subject to applicable law.

27. Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of law principles.

Any legal action, suit, or proceeding arising out of or related to these Terms or the Platform shall be instituted exclusively in the courts of competent jurisdiction located in Noida, Uttar Pradesh, India, and you consent to the personal jurisdiction of such courts.

Notwithstanding the foregoing, SwaLay may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or to prevent irreparable harm.

If you are accessing the Platform from outside India, you are responsible for compliance with local laws to the extent they apply. Nothing in these Terms shall be construed to create any agency, partnership, joint venture, or employment relationship between you and SwaLay.

28. Dispute Resolution

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the Platform, the parties agree to first attempt resolution through the following process:

1. Informal Resolution: You agree to first contact SwaLay at swalay.care@talantoncore.in to attempt to resolve any dispute informally. SwaLay will make good faith efforts to resolve the dispute within 30 days of receiving your written notice.
2. Mediation: If the dispute cannot be resolved informally, the parties agree to attempt mediation before a mutually agreed-upon mediator. The costs of mediation shall be shared equally between the parties.
3. Arbitration: If mediation is unsuccessful, the dispute shall be resolved by binding arbitration in accordance with the Arbitration and Conciliation Act, 1996 (India). The arbitration shall take place in Noida, Uttar Pradesh, India, and shall be conducted in English.

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as part of a class, consolidated, or representative action.

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from a court of competent jurisdiction for matters related to intellectual property infringement or data security.

29. Electronic Communications & Signatures

By using the Platform, you consent to receive electronic communications from SwaLay, including but not limited to:

• Account notifications and updates.
• Service-related announcements and changes.
• Royalty statements and payment notifications.
• Marketing and promotional communications (which you may opt out of at any time).
• Legal notices and policy updates.

You agree that all agreements, notices, disclosures, and other communications that SwaLay provides to you electronically satisfy any legal requirement that such communications be in writing.

You acknowledge and agree that your electronic acceptance of these Terms (including by clicking “I Agree”, “Sign Up”, or similar buttons, or by continuing to use the Platform after being notified of updated Terms) constitutes a valid and binding electronic signature under applicable law, including the Information Technology Act, 2000 (India).

30. Severability

If any provision of these Terms is held to be unenforceable, invalid, or illegal by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable while preserving the original intent of the provision. If modification is not possible, the provision shall be severed from these Terms.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

No waiver of any provision of these Terms by SwaLay shall be deemed a further or continuing waiver of such provision or any other provision. SwaLay's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

31. Entire Agreement

These Terms, together with the Privacy Policy, Content Declaration, Content Distribution Policy, Copyright Infringement Policy, Royalty Sharing Policy, and any other policies or agreements referenced herein, constitute the entire agreement between you and SwaLay regarding your use of the Platform.

These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

No amendment to or modification of these Terms shall be binding unless made in writing and signed by SwaLay, or posted on the Platform by SwaLay as an updated version of these Terms.

32. Contact Information

If you have any questions, concerns, or feedback regarding these Terms or the Platform, please contact us:

SwaLay Digital
(A part of TalantonCore LLP)
TalantonCore HO, Graphix Tower - 2, A-13, Sector 62 Ground Floor, Noida
Sector 62, Noida, Gautam Buddha Nagar- 201301, Uttar Pradesh, India

General Inquiries: swalay.care@talantoncore.in
Grievance Officer: swalay.care@talantoncore.in
Websites: https://swalay.in, https://swalay.com, https://swalay.talantoncore.in, https://swalayplus.in

We will make every effort to respond to your inquiries within 48 hours during business days.