Terms & Conditions
By downloading, installing, or using the Cybersonix application, you agree to be bound by these Terms and Conditions. Please read them carefully before use.
1. Acceptance of Terms
These Terms and Conditions ("Terms") govern your access to and use of the Cybersonix mobile application and associated services ("the Service"), operated by James Colbourne ("we", "us", "our"). By accessing or using the Service, you confirm that you are at least 18 years of age and agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Description of Service
Cybersonix is a blockchain-native music streaming platform built on the Solana blockchain. The Service allows:
- Listeners to stream music tracks using USDC credits
- Listeners to purchase permanent ownership of tracks for $1 USDC
- Artists to upload and distribute music in exchange for a one-time upload fee of $5 USDC per track
- Artists to receive streaming and purchase payments directly to their Solana wallet
3. User Accounts
To use the Service you must create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. We reserve the right to suspend or terminate accounts that violate these Terms.
4. Blockchain Transactions and Payments
Cybersonix operates on the Solana blockchain using USDC as its payment currency. By using the Service you acknowledge and agree that:
- All transactions are processed on the Solana blockchain and are irreversible once confirmed
- You are solely responsible for maintaining the security of your Solana wallet and private keys
- We do not store, have access to, or can recover your private keys or seed phrases
- Blockchain transactions may be subject to network fees (gas fees) outside of our control
- Transaction processing times are subject to Solana network conditions
- We are not responsible for losses arising from incorrect wallet addresses, lost private keys, or network failures
5. Credits and Purchases
Credits purchased on Cybersonix are used to stream music. Credits are non-refundable once purchased. Track purchases grant you a permanent licence to stream that track within the Cybersonix platform and record your ownership on the Solana blockchain. Track purchases do not transfer copyright or any other intellectual property rights in the music.
6. Artist Terms
Artists uploading content to Cybersonix agree that:
- They own or control all rights to the music they upload
- They have the right to distribute the music through the platform
- They grant Cybersonix a limited licence to stream, display, and distribute their content to users
- The one-time upload fee of $5 USDC per track is non-refundable
- Cybersonix retains 10% of all streaming revenue and track purchase revenue as a platform fee
- Uploading music you do not own rights to may result in immediate removal and account termination
7. Prohibited Conduct
You agree not to:
- Upload content you do not own or have rights to distribute
- Attempt to reverse engineer, decompile, or tamper with the platform
- Use the platform for any unlawful purpose
- Attempt to manipulate streaming counts or payment systems
- Upload content that is defamatory, obscene, or infringes third-party rights
- Use automated tools to access or interact with the platform without permission
- Attempt to gain unauthorised access to any part of the Service or its infrastructure
8. Intellectual Property
The Cybersonix platform, including its name, logo, design, software, and all associated content created by us, is the exclusive intellectual property of James Colbourne. Music uploaded by artists remains the intellectual property of the respective artists. Nothing in these Terms grants you any ownership rights in the Cybersonix platform beyond the limited right to use it as described herein.
9. Takedowns and Content Removal
We reserve the right to remove any content from the platform at our sole discretion, including content that we believe infringes third-party intellectual property rights. If you believe content on the platform infringes your copyright, please contact us at legal@cybersonix.xyz with full details of the alleged infringement. We will investigate and respond within a reasonable timeframe.
10. Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components. Your use of the Service is at your sole risk.
11. Limitation of Liability
To the maximum extent permitted by applicable law, James Colbourne and Cybersonix shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of or inability to use the Service, even if advised of the possibility of such damages.
12. Indemnification
You agree to indemnify, defend, and hold harmless James Colbourne and Cybersonix from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your infringement of any third-party rights.
13. Termination
We reserve the right to suspend or terminate your access to the Service at any time, with or without notice, for any reason including violation of these Terms. Upon termination, your right to use the Service ceases immediately. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, and limitations of liability.
14. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes by updating the "Last updated" date above. Your continued use of the Service after any changes constitutes your acceptance of the updated Terms. We encourage you to review these Terms periodically.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Western Australia, Australia, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Western Australia, Australia.
16. Contact
For any questions regarding these Terms and Conditions, please contact us at: legal@cybersonix.xyz