Terms of Service

1. The Service

Nobex provides audio streaming infrastructure and management tools — stream ingest and relay, listener delivery, a broadcasting agent, analytics, and account management. Nobex provides the transport and tooling for your broadcast; it does not provide the audio content or the rights to it.

2. Accounts

You must provide accurate account information and are responsible for safeguarding your credentials and for all activity under your account. You must be at least 18 years old, or the age of majority in your jurisdiction, and authorized to enter into these Terms on behalf of any organization you represent.

3. Your content

You retain ownership of the audio, metadata, artwork, and other materials you stream or upload (“Your Content”). You grant Nobex a limited license to host, transmit, cache, and deliver Your Content solely to operate the Service on your behalf.

4. Music licensing is your responsibility

You are solely responsible for obtaining and maintaining all licenses, permissions, and royalties required to stream your content, and for all associated reporting and payments.

For music streamed in the United States this typically includes both (a) a sound-recording performance license — the statutory webcasting license administered by SoundExchange (17 U.S.C. §§ 112, 114), including its per-performance royalties and monthly Reports of Use — and (b) separate musical-composition licenses from the performing rights organizations ASCAP, BMI, SESAC, and GMR. A terrestrial broadcast license does not cover internet streaming. Requirements differ outside the United States and are likewise your responsibility.

You represent and warrant that you hold all such rights for everything you stream through the Service, and that your programming complies with applicable law, including the performance-complement and related conditions of any statutory license you rely on. Nobex does not grant, provide, or administer any music license on your behalf and makes no representation that your use is licensed.

5. Recording and on-demand publishing

Some plans let you record your broadcast and publish those recordings on demand — as a podcast feed, for example. These carry rights obligations that are separate from and additional to the licences described in §4.

A webcasting licence covers a live, non-interactive transmission. It does not grant the right to distribute a recording on demand. Publishing an episode containing music generally requires reproduction and master use rights obtained directly from the rights holders.

Before you can enable recording or a podcast feed we will ask you to accept the Recording & On-Demand Rights terms, which govern those features in full, including retention, deletion, consent for recording other people, and your indemnity. We record that acceptance and keep it.

6. Acceptable use

You agree not to use the Service to:

• stream content you are not licensed or authorized to transmit;
• infringe intellectual-property, privacy, or publicity rights;
• transmit unlawful, harassing, or malicious content, or malware;
• attempt to disrupt, overload, reverse-engineer, or gain unauthorized access to the Service;
• resell or sublicense the Service except as expressly permitted in writing.

The full Acceptable Use Policy forms part of these Terms. Copyright complaints are handled under the Copyright & DMCA Policy, which includes our repeat-infringer policy.

7. Fees and billing

Paid plans are billed in advance on a recurring basis through our payment processor. Usage in excess of your plan’s limits may incur overage charges as described at purchase. Fees are non-refundable except where required by law. We may change pricing on prospective notice.

8. Suspension and termination

You may cancel at any time; cancellation takes effect at the end of the current billing term. We may suspend or terminate access for violation of these Terms, non-payment, or to comply with law — including on receipt of a credible claim that your content is unlicensed or infringing.

9. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free.

10. Indemnification and limitation of liability

You will indemnify and hold harmless Nobex and its affiliates from any claim, loss, or liability (including reasonable legal fees) arising out of Your Content, your use of the Service, or your breach of these Terms — including any claim relating to music licensing, royalties, or the rights in the content you stream.

To the maximum extent permitted by law, Nobex’s total liability arising out of or relating to the Service will not exceed the amounts you paid to Nobex in the twelve months preceding the claim, and Nobex will not be liable for indirect, incidental, or consequential damages.

11. Changes

We may update these Terms from time to time. Material changes will be notified through the Service or by email, and continued use after they take effect constitutes acceptance.

12. Contact

Questions about these Terms? Contact us at support@nobexinc.com.