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. You are the broadcaster: you choose, schedule and control what your station plays. Nobex does not select, review or edit your programming, does not provide the audio content or the rights to it, and has no obligation to monitor 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. We may remove or disable access to any of Your Content that we reasonably believe infringes someone’s rights or breaks these Terms.

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.

Every country your station can be heard in. Your stream is available worldwide unless you restrict it. Music licenses are usually granted country by country, and a license valid where you broadcast from may not cover listeners elsewhere. You are responsible for holding licenses for every territory in which your station is available, or for restricting access from territories you are not licensed for. Every plan includes country restrictions (Station Settings → License Compliance) for this purpose. Nobex does not restrict your audience by country unless you ask it to.

Your warranty. You represent and warrant that you hold all such rights for everything you stream, record or publish through the Service; that you will keep them in force for as long as you use the Service; and that your programming complies with applicable law, including the performance-complement and related conditions of any statutory license you rely on. If a license lapses, is revoked or stops covering your use, you will stop streaming the affected content immediately and tell us. Nobex does not grant, provide, or administer any music license on your behalf and makes no representation that your use is licensed.

Proof of licenses. We may ask you at any time — including when we receive a complaint from a rights holder, collecting society or authority — for reasonable evidence of the licenses that cover your use (for example, your SoundExchange registration and your performing-rights licenses). You will provide it within 14 days of our request. If you do not, or if what you provide does not cover your use, we may suspend the affected station until you do. We treat what you send as confidential and use it only to assess your compliance and respond to the complaint.

Our compliance tools are aids, not a license. The Service offers tools that can help you comply — performance-complement limits on AutoDJ, a fallback filler track, play logs and a royalty-report export, and country restrictions. They are provided as a convenience and do not make your use licensed or compliant. They may be switched off by you, and the AutoDJ performance limits are not applied during a free test period before you subscribe. Whether or not these tools are in use, compliance remains your responsibility.

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.

7. Copyright complaints and takedowns

We respond to notices of alleged infringement under the Copyright & DMCA Policy, which forms part of these Terms and includes our repeat-infringer policy. When we receive a complaint about your content, we may, without prior notice and without liability to you: remove or disable the material; suspend a station, recording or podcast feed; and, for repeat or flagrant infringement, terminate your account. We will forward the complaint to you, and if you send a counter-notice we will pass it, including your contact details, to the complainant as the law requires. We keep a record of every complaint and what we did about it, including after your account is closed.

8. 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, including for any period in which a station is suspended under §4, §7 or §10. We may change pricing on prospective notice.

9. Fair usage

Plans do not limit how many listeners may be connected to your station at the same time. What each plan includes is a monthly allowance of listening (stated as listening hours at a reference bitrate, and metered as the gigabytes actually delivered), a maximum stream bitrate, and the other limits shown on the pricing page at the time of purchase. When a station has used its monthly allowance, new listener connections are refused until the allowance renews or the plan is upgraded; listeners already connected are not disconnected.

The Service is shared infrastructure. So that one station cannot degrade delivery for others, we may ask you to move to a plan or arrangement that fits your audience — and, where a station’s traffic is materially and persistently out of proportion to its plan, or is generated by automated, synthetic or non-listening connections, we may apply a temporary per-station connection limit, throttle, or suspend delivery, giving notice where reasonably practicable. We will not exercise this clause to enforce an undisclosed concurrent-listener figure on ordinary listening; it exists for abuse and for capacity events, not for success.

10. Suspension and termination

You may cancel at any time; cancellation takes effect at the end of the current billing term. You can delete your account at any time from your account settings. We may suspend or terminate access, immediately and where appropriate without prior notice, 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, or if you do not provide proof of licenses when asked under §4. Sections 4, 7, 11, 12, 13, 15 and 16 survive termination.

11. Data protection

Our Privacy Policy explains how we handle your personal information. Where we process personal information about your listeners, guests or callers on your behalf, we do so as your processor under the Data Processing Addendum, which forms part of these Terms. You are responsible for having a lawful basis for that processing and for giving your listeners any notices the law requires.

12. Indemnification

You will defend, indemnify and hold harmless Nobex and its affiliates, and their officers, directors, employees and agents, from and against any claim, demand, proceeding, loss, liability, penalty, royalty, settlement or expense (including reasonable legal fees) arising out of or relating to Your Content, your use of the Service, or your breach of these Terms — including any claim by a rights holder, collecting society (such as SoundExchange, ASCAP, BMI, SESAC, GMR or their equivalents in other countries) or authority relating to music licensing, royalties, or the rights in the content you stream, record or publish.

We will tell you promptly about a claim we want you to defend (a delay only reduces your obligation to the extent it actually prejudices you). You may control the defense with counsel reasonably acceptable to us, but you may not settle a claim in a way that admits fault on our behalf or imposes an obligation on us without our written consent. We may take part in the defense with our own counsel at our own cost.

13. Disclaimers and limitation of liability

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, or that its compliance tools will make your use lawful.

To the maximum extent permitted by law, Nobex’s total liability arising out of or relating to the Service or these Terms will not exceed the greater of the amounts you paid to Nobex in the twelve months preceding the claim and US $100, and Nobex will not be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, audience or data. These limits do not apply to your obligations under §4 and §12, or to amounts you owe us.

14. Changes

We may update these Terms from time to time. Material changes will be notified through the Service or by email, and we may ask you to accept the new version before you continue using the dashboard. Continued use after changes take effect constitutes acceptance.

15. Governing law and disputes

These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules, and by applicable US federal law (including the Copyright Act). The state and federal courts located in Delaware have exclusive jurisdiction, and you and Nobex consent to their personal jurisdiction and venue. Nothing here prevents either party from seeking urgent injunctive relief in any competent court. If you are a consumer, this does not remove any mandatory protection of the law where you live.

16. General

These Terms, together with the policies they incorporate — the Acceptable Use Policy, the Copyright & DMCA Policy, the Recording & On-Demand Rights terms and the Data Processing Addendum — are the entire agreement between you and Nobex about the Service. You may not assign them without our consent; we may assign them to an affiliate or in a merger, acquisition or sale of assets. If any provision is unenforceable, the rest remain in effect. A failure to enforce a provision is not a waiver. Neither party is liable for delay caused by events beyond its reasonable control. We are independent contractors; nothing here creates a partnership, agency or employment relationship. You will comply with applicable export-control and sanctions laws and will not use the Service where they prohibit it.

17. Contact

Questions about these Terms? Contact us at support@nobexinc.com. Copyright notices go to our designated agent — see the Copyright & DMCA Policy.