Terms of Service

1. OVERVIEW

This website is operated by Swar Digital. Throughout the site, the terms “we”, “us” and “our” refer to Swar Digital. Swar Digital offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

2. ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

3. GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

4. MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.

5. PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us.

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

6. ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address.

In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

7. DISTRIBUTION PARTNER FRAMEWORK

7.1 Use of Distribution Partners

The Artist/Label acknowledges and agrees that Swar Digital utilizes authorized third-party Distribution Partners to deliver Content to Digital Service Providers (“DSPs”) and to process revenue settlements. This partnership model enables Swar Digital to provide comprehensive global distribution coverage, access to exclusive platforms, faster delivery times, and efficient payment processing across multiple territories and currencies.

Swar Digital’s current primary Distribution Partner for content delivery, store integration, and payment processing is Unisys Info (or such other partners as Swar Digital may engage from time to time at its sole discretion). Through this strategic partnership, your Content reaches major DSPs including but not limited to Spotify, Apple Music, JioSaavn, Gaana, YouTube Music, Amazon Music, Wynk, Boomplay, Deezer, and 150+ other platforms worldwide.

7.2 Nature of Partnership

The Artist/Label expressly acknowledges, understands, and agrees that:

Swar Digital operates as an independent intermediary service provider and is not an agent, employee, partner, joint venturer, or representative of any Distribution Partner

Distribution Partners operate under their own independent terms, policies, fee structures, and business practices over which Swar Digital has no control

The relationship between Swar Digital and its Distribution Partners is a B2B (business-to-business) arrangement that does not create any direct relationship between the Artist/Label and the Distribution Partner

Swar Digital has no control over Distribution Partner’s internal policies, revenue calculations, deductions, payment timelines, or business decisions

Distribution Partners may change their terms, fees, or policies at any time without notice to Swar Digital or the Artist/Label

7.3 Right to Change Partners

Swar Digital reserves the absolute right to change, add, remove, or replace Distribution Partners at any time without prior notice to the Artist/Label. Such changes shall not constitute a breach of these Terms, shall not require Artist/Label consent, and shall not entitle the Artist/Label to any compensation, refund, or termination rights.

8. PROHIBITED COMMUNICATIONS & DIRECT CONTACT POLICY

8.1 Strict Prohibition on Direct Contact

THE ARTIST/LABEL IS STRICTLY AND ABSOLUTELY PROHIBITED FROM DIRECTLY CONTACTING, COMMUNICATING WITH, REACHING OUT TO, OR ATTEMPTING TO ESTABLISH ANY DIRECT RELATIONSHIP WITH SWAR DIGITAL’S DISTRIBUTION PARTNERS, INCLUDING BUT NOT LIMITED TO UNISYS INFO OR ANY OTHER CURRENT OR FUTURE DISTRIBUTION PARTNER.

This prohibition applies to all forms of communication including but not limited to email, phone, social media, in-person contact, through intermediaries, or any other method of communication, and includes contact regarding:

Revenue reports, royalties, earnings, or payment inquiries

Content uploads, releases, distribution status, or delivery timelines

Takedown requests, content modifications, or metadata updates

Technical support, platform issues, or troubleshooting

Disputes, claims, complaints, or grievances

Account verification, identity confirmation, or documentation

Store rejections, content compliance, or policy violations

Any music distribution-related matters whatsoever

Attempts to bypass Swar Digital to establish direct distribution, partnership, or business agreements

8.2 Proper Communication Channels

All queries, requests, complaints, and communications regarding distribution services must be directed exclusively to Swar Digital through the following authorized channels:

Swar Digital Dashboard/Portal at www.swardigital.in

Official support email: support@swardigital.in

Official website contact forms

8.3 Consequences of Violation

Any violation of this Direct Contact Policy shall constitute a material and fundamental breach of these Terms and may result in one or more of the following consequences at Swar Digital’s sole discretion:

Immediate suspension or permanent termination of your account without prior notice or opportunity to cure

Complete forfeiture of all pending, accrued, and future revenue and royalties

Immediate removal of all Content from distribution across all platforms

Legal action for damages, breach of contract, and breach of confidentiality

Full liability for any costs, expenses, damages, or penalties incurred by Swar Digital as a result of such unauthorized contact

Permanent ban from using Swar Digital’s services

8.4 Confidentiality of Partner Information

Information regarding Swar Digital’s Distribution Partners, including but not limited to partner identity, contact information, terms, fee structures, business arrangements, and operational details, constitutes confidential and proprietary trade secret information of Swar Digital. The Artist/Label agrees to maintain strict confidentiality and shall not disclose, share, discuss, or publicize such information with any third party under any circumstances.

9. REVENUE, ROYALTIES & NET REVENUE POLICY

9.1 Revenue Share Structure

Swar Digital shall pay the Artist/Label Ninety-Five Percent (95%) of the Net Revenue (as defined below) actually received by Swar Digital from its Distribution Partners that is attributable to the Artist/Label’s Content. Swar Digital shall retain Five Percent (5%) as its service fee, processing fee, and operational costs.

9.2 Definition of Net Revenue

“Net Revenue” means the actual monetary amount received by Swar Digital from its Distribution Partners after all upstream deductions, fees, charges, withholdings, penalties, adjustments, and any other amounts have been deducted or applied by the Distribution Partners, DSPs, payment processors, or any other parties in the distribution chain.

9.3 Net Revenue Pass-Through Policy – CRITICAL PROVISION

THIS IS A CRITICAL AND FUNDAMENTAL PROVISION OF THIS AGREEMENT. THE ARTIST/LABEL MUST READ, UNDERSTAND, AND ACCEPT THIS SECTION. BY USING SWAR DIGITAL’S SERVICES, THE ARTIST/LABEL EXPRESSLY ACKNOWLEDGES AND AGREES TO ALL OF THE FOLLOWING:

PAYMENT BASED ON RECEIVED AMOUNTS ONLY: Swar Digital’s obligation to pay royalties to the Artist/Label is based solely and exclusively on the Net Revenue actually received by Swar Digital from its Distribution Partners. Swar Digital is under no obligation to pay any amount based on Gross Revenue generated at the DSP/Store level or any theoretical, estimated, reported, or projected earnings.

DISTRIBUTION PARTNER DEDUCTIONS: Distribution Partners may deduct various fees, charges, and amounts from Gross Revenue before remitting payment to Swar Digital, including but not limited to: distribution fees, aggregation fees, platform fees, processing charges, service fees, administrative charges, currency conversion costs, banking fees, wire transfer charges, taxes, withholdings, penalties, fines, legal settlements, and any other deductions as per their internal policies. THESE DEDUCTIONS MAY BE OF ANY PERCENTAGE, INCLUDING BUT NOT LIMITED TO 5%, 10%, 20%, 30%, 40%, 50%, 60%, OR MORE.

NO CONTROL OVER DEDUCTIONS: Swar Digital has absolutely no control over, no visibility into, and makes no representations or warranties regarding the amount, percentage, nature, timing, or reasons for deductions made by Distribution Partners, DSPs, or any other parties. Swar Digital does not audit, verify, question, or challenge such deductions.

CALCULATION OF ARTIST ROYALTY: The Artist/Label’s royalty payment shall be calculated exclusively and solely on the actual Net Revenue amount received by Swar Digital, regardless of what amount was earned, reported, or generated at the store, DSP, or any other level.

NO GUARANTEE: Swar Digital makes absolutely no guarantee, warranty, representation, or promise regarding Gross Revenue amounts, upstream deductions, Net Revenue amounts, payment timelines, or any other revenue-related matters.

FINAL AND BINDING: Swar Digital’s financial records and statements regarding amounts received from Distribution Partners shall be final, conclusive, and binding on the Artist/Label. The Artist/Label waives any right to audit, inspect, or challenge such records.

9.4 No Liability for Upstream Deductions

Swar Digital shall have absolutely no liability, responsibility, or obligation whatsoever for any deductions, fees, withholdings, reductions, adjustments, or losses applied by Distribution Partners, DSPs, payment processors, or any other third parties. This includes but is not limited to:

Distribution Partner’s service fees, commission, or revenue share (whether 10%, 20%, 30%, 40%, 50%, 60%, or any other percentage)

Platform, DSP, or store commission deductions

Currency conversion losses, fees, or exchange rate fluctuations

Banking, wire transfer, or payment processing charges

Tax withholdings at source or any tax-related deductions

Administrative, operational, or processing fees

Policy changes by Distribution Partners or DSPs affecting revenue

Payment delays or timing differences

Any other deductions for any reason whatsoever

10. INFRINGEMENT, LEGAL ACTIONS, PENALTIES & REVENUE IMPACT

10.1 Impact of Legal Issues on Revenue – CRITICAL PROVISION

THE ARTIST/LABEL ACKNOWLEDGES, UNDERSTANDS, AND EXPRESSLY AGREES THAT ANY COPYRIGHT INFRINGEMENT CLAIM, LEGAL ACTION, LAWSUIT, PENALTY, FINE, SETTLEMENT, JUDGMENT, DISPUTE, REGULATORY ACTION, GOVERNMENT ORDER, OR ANY OTHER ADVERSE ACTION OR PROCEEDING (WHETHER ARISING IN THE PAST, PRESENT, OR FUTURE, AND WHETHER INVOLVING THE ARTIST/LABEL’S CONTENT DIRECTLY OR AFFECTING THE DISTRIBUTION PARTNER, DSP, OR SWAR DIGITAL) THAT RESULTS IN REVENUE BEING REDUCED, WITHHELD, FORFEITED, OR NOT RECEIVED AT ANY LEVEL OF THE DISTRIBUTION CHAIN SHALL DIRECTLY AND PROPORTIONALLY IMPACT THE ARTIST/LABEL’S ROYALTY PAYMENTS, AND SWAR DIGITAL SHALL HAVE ABSOLUTELY NO OBLIGATION TO COMPENSATE THE ARTIST/LABEL FOR SUCH LOSSES.

10.2 Covered Scenarios

The following scenarios shall result in reduced, withheld, delayed, or completely forfeited revenue to the Artist/Label, and Swar Digital shall have absolutely no liability, responsibility, or obligation to compensate, reimburse, or make whole the Artist/Label for such losses:

Copyright infringement claims filed against Content at any platform, DSP, or aggregator level

Legal actions, lawsuits, or proceedings filed against Distribution Partners, DSPs, or Swar Digital that affect Content revenue

Penalties, fines, or sanctions imposed on Distribution Partners by regulatory bodies, governments, rights holders, or any other parties

Settlement payments or judgments made by Distribution Partners to resolve any disputes or claims

Content ID disputes, claims, or counter-claims resulting in revenue holds, reversals, or forfeitures

DMCA takedowns, counter-notices, or safe harbor claims affecting monetization

Royalty collection society (PRO) claims, disputes, or audits

Government, regulatory, or tax authority actions affecting music distribution or payments

Platform policy violations resulting in revenue holds or account restrictions

Fraud investigations or stream manipulation claims at any level

Any other legal, regulatory, contractual, or third-party action that results in revenue reduction, withholding, delay, or forfeiture at any level

10.3 Temporal Scope – Past, Present, and Future

This provision applies to and covers legal issues, claims, actions, penalties, or proceedings that:

Arose in the PAST (before this agreement or before the Artist/Label joined Swar Digital) but surface, affect, or result in payment reductions during or after the term of this agreement

Arise in the PRESENT during the active distribution of Content

May arise in the FUTURE at any time, even after Content is taken down, the agreement is terminated, or the Artist/Label is no longer using Swar Digital’s services

10.4 No Compensation Obligation – Waiver

The Artist/Label explicitly, unconditionally, and irrevocably waives any and all rights to claim compensation, reimbursement, damages, refunds, or any other remedy from Swar Digital for revenue not received, reduced, withheld, delayed, or forfeited due to the actions, omissions, decisions, policies, or conduct of Distribution Partners, DSPs, payment processors, governments, regulatory bodies, rights holders, or any other third parties. Swar Digital is under absolutely no obligation to “make whole,” compensate, or reimburse the Artist/Label for any revenue that is not actually received by Swar Digital.

10.5 Revenue Recovery and Clawback Rights

If Swar Digital is required to refund, return, pay, or forfeit any amounts due to claims, chargebacks, legal actions, penalties, settlements, or any other reason related to the Artist/Label’s Content or account, Swar Digital reserves the absolute right to:

Deduct such amounts from the Artist/Label’s pending royalties

Offset such amounts against future earnings

Pursue direct collection or legal action against the Artist/Label

Create a negative balance on the Artist/Label’s account which must be satisfied before any future payments are made

11. PAYMENT TERMS & WITHDRAWALS

11.1 Payment Basis

All payments are made strictly on a “Received Basis.” Swar Digital shall only pay royalties on amounts actually received by Swar Digital from Distribution Partners. Revenue that is reported, estimated, projected, or earned at the DSP level but not yet received by Swar Digital through its Distribution Partner shall not be payable until actually received. Swar Digital makes no guarantee regarding when or if such amounts will be received.

11.2 Minimum Payout Threshold

The minimum withdrawal threshold is ₹500 (Five Hundred Indian Rupees) or equivalent in other currencies. Account balances below this threshold shall be carried forward to subsequent payment periods until the threshold is met. Swar Digital is under no obligation to pay amounts below the minimum threshold.

11.3 Payment Cycle

Royalty reports are typically updated monthly, subject to receipt of data and payments from Distribution Partners

Withdrawal requests are processed within 7-15 business days from request date

DSP settlements typically take 45-90 days or longer from streaming date to reach Swar Digital

All payment timelines are estimates only and not guarantees

11.4 Supported Payment Methods

Bank Transfer (NEFT/IMPS/RTGS) for Indian bank accounts

UPI

PayPal (for international payouts, subject to PayPal terms and fees)

Other methods as made available by Swar Digital from time to time

11.5 Revenue Adjustments

Swar Digital reserves the absolute right to adjust royalty payments for any reason, including but not limited to:

Chargebacks, reversed transactions, or payment disputes

Fraudulent stream corrections or bot stream removals

Platform or DSP audit adjustments

Overpayments, calculation errors, or accounting corrections

Any adjustments reported or made by Distribution Partners

Legal, regulatory, or compliance-related adjustments

Note: Revenue adjustments may result in a negative balance on the Artist/Label’s account, which shall be recovered from future earnings or through direct collection.

12. OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

13. THIRD-PARTY LINKS

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

14. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

15. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. Please review our Privacy Policy.

16. ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

17. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

for any unlawful purpose;

to solicit others to perform or participate in any unlawful acts;

to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

to submit false or misleading information;

to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

to collect or track the personal information of others;

to spam, phish, pharm, pretext, spider, crawl, or scrape;

for any obscene or immoral purpose; or

to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

18. ARTIFICIAL STREAMING & FRAUD PROHIBITION

Any attempt to artificially increase streaming numbers using bots, automated systems, click farms, stream manipulation services, or other deceptive methods is strictly prohibited.

Violators will be fully liable for any penalties, fines, or losses incurred by Swar Digital or its Distribution Partners. Songs found engaging in such fraudulent activities will be taken down immediately without prior notice, and all earnings generated through such practices will be forfeited and shall not be transferred.

We enforce strict measures to ensure fair and authentic streaming practices. Swar Digital reserves the right to conduct audits, investigations, and to cooperate with DSPs and Distribution Partners in identifying and penalizing fraudulent activity.

19. COPYRIGHT & INTELLECTUAL PROPERTY

All rights, titles, and interests in all materials which are capable of protection by copyright or other intellectual property right are the property of Swar Digital or its contributors unless otherwise stated.

Any violation of copyright by site users will result in the IMMEDIATE SUSPENSION AND/OR TERMINATION of account, services, and/or agreements. Swar Digital will prosecute any such breach to the fullest extent of the law.

Song Matching Policy: If your song closely matches any part (music, composition, or lyrics) of another song more than three times, your account will be immediately terminated without prior notice.

Original Music Requirement (Cover Songs & AI Prohibition): Swar Digital only accepts and distributes 100% original music. We do not support or distribute cover songs, unauthorized remixes, or AI-generated music. The Artist/Label must own and control all rights to both the sound recording and the underlying musical compositions (lyrics and music) for all submitted content. Any submission of cover songs, unlicensed tracks, or AI-generated content will be rejected, and repeated attempts may result in immediate suspension or termination of your account.

No political content is allowed. Any copyright infringement will lead to suspension/termination of your membership.

No nursery rhymes or children’s content is allowed. Any violation of this policy will lead to suspension/termination of your membership.

Image Rights: We have been strictly warned not to verify the albums wherever any actor/actress or model’s pictures are used without any rights or without their knowledge. Such content is strictly prohibited.

If any of the material contained in or displayed by the website appears to be in violation of copyright owned by you or the party that you represent, please inform Swar Digital of such apparent infringement at the earliest possible opportunity using the information in the “Contact Us” section of this website or mail us at support@swardigital.in.

20. YOUTUBE CONTENT ID & MONETIZATION

Content ID Misuse Policy: If Swar Digital finds that your content is in use by attaching your content to popular songs, movies, or any popular content which doesn’t directly involve the content provided by you for Content ID purposes, then in such cases Swar Digital holds all rights to:

Remove your content from all platforms immediately

Remove your content from Swar Digital system

Withhold and forfeit all revenue generated from such misuse

Terminate your account without refund or compensation

21. DOCUMENTATION & VERIFICATION

When Swar Digital team requests documents for your songs, you must provide the requested documentation promptly. If you haven’t provided the documentation within the specified timeframe, Swar Digital can:

Suspend your account

Take down all of your content from distribution

Terminate your account permanently

Charge your account with a Usage Violation Fee and/or apply your earnings toward reimbursement of potential liabilities and/or losses caused by such Usage Violation(s)

22. USER CONDUCT & MISBEHAVIOR

Any form of misbehavior, including but not limited to the use of inappropriate or offensive language, towards our staff or any other users on our platform is strictly prohibited. Such behavior may result in the termination of your subscription or access to our services without prior notice and without refund.

Swar Digital reserves the right to suspend or terminate your account or your access to the Site at any point for any reason, including but not limited to violation of these Terms.

23. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘AS IS’ and ‘AS AVAILABLE’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

IN NO CASE SHALL SWAR DIGITAL, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, DISTRIBUTION PARTNERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

24. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Swar Digital and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, employees, and Distribution Partners, from and against any and all claims, demands, damages, obligations, losses, liabilities, costs, debt, and expenses (including but not limited to attorney’s fees and legal costs) arising from:

Your use of and access to the Service

Your Content or its distribution on any platform

Your violation of any term of these Terms of Service

Your violation of any third party right, including without limitation any copyright, trademark, intellectual property, or privacy right

Any claim that your Content caused damage to a third party

Your violation of the Direct Contact Policy

False representations or warranties made by you

Any violation of law or regulation

This indemnification obligation will survive these Terms of Service and your use of the Service.

25. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

26. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Sections relating to Distribution Partner Framework, Prohibited Communications, Revenue Policy, Infringement and Legal Actions, Indemnification, Limitation of Liability, Confidentiality, and Dispute Resolution shall survive termination of this agreement.

27. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

28. GOVERNING LAW & JURISDICTION

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India.

Any disputes arising out of or related to these Terms or your use of the Services shall be subject to the exclusive jurisdiction of the courts located in Ranchi, Jharkhand, India. You hereby irrevocably submit to the personal and exclusive jurisdiction of such courts and waive any objection based on venue or forum non conveniens.

Arbitration: For disputes involving amounts exceeding ₹1,00,000 (One Lakh Indian Rupees), either party may opt for arbitration under the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be Ranchi, Jharkhand, India. The arbitration shall be conducted in English. The decision of the arbitrator(s) shall be final and binding.

29. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

30. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at:

Swar Digital

Head Office: The Park, Deepatoli, Jai Prakash Nagar, Ranchi, Jharkhand - 834009, India

Registered Office: Raipura Gola, Ramgarh, Jharkhand 829110

31. GRIEVANCE REDRESSAL

In accordance with the Information Technology Act 2000 and the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, the name and contact details of the Grievance Officer are provided below:

Name: Kuldeep Mahto

Designation: Grievance Officer

Email: support@swardigital.in

Phone: +91 6203823711

Address: The Park, Deepatoli, Jai Prakash Nagar, Ranchi, Jharkhand - 834009, India

The Grievance Officer shall acknowledge the complaint within twenty-four hours and dispose of such complaint within a period of fifteen days from the date of its receipt.