1. Terms of Service

Last Updated: March 2026

1.1 Acceptance of Terms

Welcome to myPalco. myPalco ("myPalco", "we", "us", or "our"). By accessing or using the myPalco platform, website, mobile applications, or any related services (collectively, the "Service"), you agree to be legally bound by these Terms of Service ("Terms"). If you do not agree to these Terms in their entirety, you may not access or use the Service. These Terms incorporate by reference the Privacy Policy and the Intellectual Property Policy. In the event of any conflict, these Terms prevail.

1.2 Description of the Service — Musician's Workshop

CORE PLATFORM IDENTITY

myPalco is a musician's workshop and creative collaboration environment — not a cover-song streaming service, not a finished-track distribution channel, and not a music library. The Service is built around stems, individual instrument tracks, individual vocal tracks, works-in-progress, and original compositions. Users come here to make music, develop skills, and collaborate — not to consume finished reproductions of copyrighted commercial recordings. Audio content is delivered using encrypted segment-based streaming technology as an anti-piracy measure to prevent direct file acquisition; this is a content security system and does not affect the platform's copyright licensing obligations or its fundamental character as a creation and collaboration environment.

myPalco enables musicians, vocalists, producers, and audio creators to upload, share, discover, and collaboratively develop original musical work and individual performance tracks. All content on the Service must be uploaded with a primary purpose of creative collaboration, skills showcase, feedback, or artistic development — not for passive listening or the distribution of finished song reproductions.

Defined Content Types

The Service is designed and optimised for the following content categories:

PERMANENTLY PROHIBITED — NO EXCEPTIONS

Complete or near-complete cover versions; multi-track cover arrangements; voice-plus-instrument simultaneous recordings of third-party compositions; finished song reproductions; karaoke-style performances (vocal over any backing track); backing tracks; commercially reproduced instrumental tracks; AI-generated reproductions of any third-party artist's voice or performance; any content whose primary purpose is to reconstruct or substitute for a commercially released recording. These categories will be rejected by the platform's automated systems and result in immediate account action.

myPalco does not push User Content to external platforms or streaming services, does not distribute User Content commercially, and is not a competitor to streaming services, labels, or music distributors.

Future monetisation features (such as fan tips or ad revenue sharing) may be introduced exclusively for 100% original User Content in which the uploader owns all relevant rights. Cover Stems and any content incorporating third-party copyrighted elements will remain permanently ineligible for monetisation.

1.3 Defined Terms

"Cover Stem": a user audio recording consisting exclusively of either (a) the uploader's own unaccompanied vocal performance, singing a melody or lyric of a musical composition written by a third party, or (b) the uploader's own unaccompanied single-instrument performance, playing a melody, chord progression, or arrangement derived from a musical composition written by a third party. A Cover Stem must be recorded entirely and independently by the uploader, contain no backing track, no second audio layer, no additional instrument or voice layer, no sample, and no reproduction of any commercial master sound recording. A Cover Stem is a single isolated performance fragment, not a song, uploaded for workshop, showcase, or collaboration purposes only. Simultaneous recording of voice and instrument of a third-party composition is not a Cover Stem and is not permitted under any category.

"Complete Song Reproduction": any upload — whether labelled as a "cover", "tribute", "arrangement", or otherwise — that contains two or more audio layers, a mixed production, a backing track of any kind, or that approximates the listening experience of the original commercial release. Complete Song Reproductions are permanently prohibited on the Service.

"Backing Track": any pre-existing instrumental, karaoke track, accompaniment track, AI-generated instrumental, or any audio file reproducing or substantially replicating the arrangement, instrumentation, or production of an existing copyrighted musical work, regardless of the source from which it was obtained. The use of any Backing Track in combination with a vocal or instrument performance is permanently prohibited on the Service.

"Substantially Similar Arrangement": a recording that reproduces the structure, arrangement, instrumentation, tempo, and overall character of a commercially released song in a manner that, when considered in whole or when combined with other uploads, results in a substantially complete reconstruction of that song. Substantially Similar Arrangements are permanently prohibited on the Service.

"HLS Delivery": the platform's exclusive audio transmission method, consisting of an authenticated encrypted streaming system with time-limited session-bound key delivery validated server-side. All audio content on the Service is delivered exclusively via HLS Delivery as an anti-piracy content security measure. HLS Delivery prevents direct file acquisition of any audio content by any user; it does not determine the platform's copyright licensing obligations, which are governed by CRO licences and the licensing framework set out in the Intellectual Property Policy.

"Session Record": a metadata object — containing no audio — that identifies a collection of individual Cover Stems by their unique platform IDs, together with playback configuration parameters per stem (volume level, timing offset, stereo panning, and similar non-audio settings).

"Session Post": a shareable social object on the platform that contains or links to a Session Record, enabling other users to load and play back the same collection of Cover Stems in their own client session via HLS Delivery.

"Social DAW Session": the platform's client-side real-time audio mixing environment in which multiple individual Stems are simultaneously loaded via HLS Delivery and mixed in the user's device audio engine. No new audio file, composite recording, phonogram, or fixed work is created, rendered, stored, encoded, or transmitted by the platform.

"Song Reconstruction into a Fixed Recording" (prohibited): the creation of any new audio file that combines two or more Cover Stems into a stored, downloadable, save-able, or transmittable composite audio recording. The platform does not provide any feature that creates such a recording.

1.4 Platform Classification — Article 17 CDSM

myPalco acknowledges that it qualifies as an Online Content Sharing Service Provider ("OCSSP") under Article 17 of the CDSM Directive (EU Directive 2019/790), as transposed into Portuguese law by Decree-Law 47/2023. myPalco does not assert a "neutral host" safe harbour exemption from Article 17 obligations. myPalco instead operates in full compliance with OCSSP obligations, including best-efforts licensing, preventive technical measures, expeditious removal, and stay-down. The detailed compliance framework is set forth in the Intellectual Property Policy.

The platform's workshop-first, stem-based architecture is a deliberate structural design to minimize infringement risk. By restricting cover content to single isolated unaccompanied tracks and prohibiting Complete Song Reproductions, the platform structurally tries to minimize infringement. The platform's HLS Delivery anti-piracy system operates as an independent content security layer alongside, but separately from, this structural compliance framework. Together these constitute myPalco's multi-layered rights-protection posture.

1.5 Cover Stem Policy — Single-Track Ability Showcase

POLICY RATIONALE

Many skilled musicians and vocalists demonstrate their abilities by performing known songs. myPalco accommodates this creative reality by permitting a single, narrowly defined category of cover content: the Cover Stem. A Cover Stem is strictly one voice unaccompanied against silence, or one instrument unaccompanied against silence — never both simultaneously. It is a single isolated performance fragment, not a song. Its purpose is to show what a musician can do, not to reproduce a copyrighted work for listening. All Cover Stems are delivered exclusively via HLS Delivery as an anti-piracy measure; no complete audio file of any Cover Stem is transmitted to any user's device.

What is permitted — Cover Stem definition

A Cover Stem must consist exclusively of one of the following, and nothing else:

ISOLATION REQUIREMENT

A Cover Stem must be one track, one performer, one audio source, against silence. Voice-plus-instrument simultaneous recordings of third-party compositions are not Cover Stems and are not permitted on the Service under any category. This restriction exists because a voice-and-instrument simultaneous performance creates a substantially richer reproduction of the underlying composition, approaching a complete song reproduction, and falls outside the narrow workshop-showcase purpose of the Cover Stem category.

Collaboration context requirement

All uploads, including Cover Stems, must be shared with a primary purpose of creative collaboration, skills showcase, feedback, or artistic development. The Service is not designed or intended for the passive consumption of finished musical performances. myPalco reserves the right, at its sole discretion, to remove any upload — including technically compliant Cover Stems — that it determines is being used primarily for passive listening, song playback, or as a substitute for a commercial recording, rather than for genuine collaboration or creative development.

Mandatory attribution metadata for Cover Stems

'All Cover Stem uploads must include accurate attribution metadata identifying the original songwriter(s) and original artist of the underlying composition. This metadata is a mandatory upload field for Cover Stems and is used by myPalco to assist in identifying rights holders as part of its Article 17 best-efforts licensing documentation. Providing false or incomplete attribution metadata constitutes a material breach of these Terms and may constitute fraud.', \

Copyright context for Cover Stem uploads

'A Cover Stem is a user audio recording that may incorporate elements of an existing musical composition. The extent to which any particular Cover Stem engages the rights in the underlying composition — including any question of its characterization under applicable copyright law — depends on the specific facts of each upload and the applicable law and is not determined by this policy. myPalco does not make any legal determination as to the copyright status of individual Cover Stem uploads. What this policy does determine is the platform's operational framework: myPalco requires users to provide accurate attribution metadata, pursues platform-level licensing with rights holders and CROs, and operates the rights-holder cooperation infrastructure described in the Intellectual Property Policy. myPalco does not grant any authorization to incorporate third-party composition rights into uploads beyond what is covered by the platform's executed licenses.', \

Rights obligations for Cover Stems

1.6 Prohibition on Backing Tracks and Karaoke Recordings

Users may not upload any recording that uses, incorporates, or is performed over any of the following:

This prohibition applies regardless of the source of the backing track, the manner in which it was obtained, or whether the user believes the backing track is licensed or in the public domain. The Service permits isolated performances only — a single voice against silence or a single instrument against silence, recorded by the uploader — for the purposes of showcase and collaboration within the workshop environment. Any recording that incorporates a backing track of any kind is a complete song reproduction and is permanently prohibited on the Service. The platform's automated content review systems are designed to detect and reject any upload that contains a backing track or that otherwise approaches a complete song reproduction, resulting in immediate account action.

1.7 The Social DAW — Session Records, Session Posts, and Workshop Jam Sessions

SOCIAL DAW FRAMEWORK

myPalco operates as a Social Digital Audio Workstation (Social DAW). Users can create Social DAW Sessions that simultaneously mix multiple individual Stems, and share those sessions with other users via Session Posts. At no point does the platform create, render, store, or transmit any mixed or composite audio file. No complete audio file of any individual stem is transmitted to any user's device at any point — all audio is delivered as encrypted anti-piracy segments, decoded transiently in the client audio engine, and mixed in real time. When the session closes, all audio ceases to exist. Only the Session Record (metadata) persists. The platform's communication-to-the-public obligations for Cover Stems in Social DAW Sessions are addressed through myPalco's CRO licensing framework, and Session Post public distribution is subject to the licensing-gated rules set out below.

What a Social DAW Session is — and is not

'A Social DAW Session is the simultaneous client-side mixing of multiple individual Cover Stems, each delivered via HLS Delivery to the user's device. It is: ' • A real-time client-side audio event: each stem is fetched individually via HLS Delivery as a separate authenticated stream of encrypted segments; the user's device decodes each stream transiently and mixes the audio output in real time using its local audio engine; ' • Ephemeral and non-fixed at the individual stem level: no complete audio file of any individual stem is transmitted to or stored on the user's device at any point before, during, or after the session; ' • Ephemeral and non-fixed at the composite mix level: no composite audio file, rendered mix, or combined recording is created on the platform's servers, in transit, or on the user's device at any point; ' • A transient audio signal only: the mixed audio exists exclusively as an electrical signal in the user's audio output during playback and ceases to exist entirely when the session closes, in the same way that musicians playing together in a room produce sound without producing a recording; ' • Metadata-driven: the only persistent record of a Social DAW Session is the Session Record — a configuration object containing stem IDs and playback settings, containing no audio whatsoever; ' • Individually addressed at the stem level for licensing purposes: each stem delivered during a Social DAW Session is served as an individual HLS stream. myPalco's communication-to-the-public licensing obligations are addressed at the individual-stem level through the CRO licensing framework described in the Intellectual Property Policy. 'A Social DAW Session is not a recording. It is not a new musical work. It is not a phonogram. It is not a fixed work created by the platform. It is the digital equivalent of musicians sitting in a rehearsal space and playing together — the simultaneous performance creates a sound, but it does not create a new fixed work unless someone makes a recording of it.',

Session Posts — sharing a session with other users

'Users may create a Session Post — a shareable social object on the platform that contains a Session Record (stem IDs and playback configuration). A Session Post: ' • transmits only the Session Record metadata — no audio is transmitted by the Session Post itself; ' • enables any user who opens the Session Post to load the same individual Stems by their IDs and mix them in their own client session; ' • is a social object — other users may comment on it, react to it, add their own Stem to it (creating a new Session Record), or fork it to create a new session with different stems; ' • does not create, store, or transmit any mixed or composite audio file at any point in the sharing or receiving process; ' • is subject to the public distribution rules set out immediately below.',

Same-composition Cover Stems in Session Posts — licensing-gated public distribution

'Session Posts that contain two or more Cover Stems of the same musical composition are subject to the following public distribution framework, which reflects myPalco's proactive licensing cooperation posture: ' • Private sharing permitted: Session Posts containing multiple Cover Stems of the same composition may be created by users and shared via direct private link with specific named collaborators. These sessions are for workshop and rehearsal use between collaborating musicians. ' • No public feed distribution pending licensing: myPalco does not distribute same-composition multi-stem Session Posts to the public platform feed, search results, or recommendation systems, pending execution of a composition-level license with the relevant publisher or CRO confirming authorization for combined multi-stem Cover Stem playback of that composition. ' • Licensing unlock: the restriction on public distribution of same-composition Cover Stem sessions is lifted upon execution of a platform-level license with the relevant publisher or CRO confirming such authorization. myPalco maintains a record of compositions for which authorization has been confirmed, updated in connection with each executed license agreement. As myPalco's licensing coverage expands, the set of compositions available for public same-composition Session Posts will expand accordingly. ' • Single-stem Session Posts are not restricted: a Session Post containing only one Cover Stem of any composition is not a same-composition multi-stem session and is not subject to this restriction. It remains available for public distribution subject to applicable geo-restriction rules. ' • Original content sessions are not restricted: Session Posts consisting exclusively of original stems in which uploaders own all relevant rights are not subject to this restriction and are fully available for public distribution. 'This framework reflects myPalco's commitment to licensing cooperation: the platform proactively restricts the public availability of combined Cover Stem experiences while actively pursuing the licenses that will enable them, rather than making such experiences publicly available without authorization.',

Adding a Cover Stem to an existing session — collaboration

'A user who has uploaded a Cover Stem of the same composition as other stems in an existing Social DAW Session may add their stem to that session, creating a new Session Record that includes their contribution. This new Session Record may be shared directly by the user to other users. The original Session Post and Session Record are unmodified. No composite audio is created — the new Session Record is simply an updated metadata document referencing an additional audio stream address. The public distribution rules for same-composition Session Posts apply to the resulting Session Post.',

Territorial restriction

'The Social DAW Session and Session Post features are available only in territories in which myPalco is pursuing applicable communication-to-the-public licenses for the compositions being played. Where myPalco's CRO coverage does not extend to a given territory, access to Social DAW Sessions involving Cover Stems of works in that repertoire will be geo-restricted pending coverage. myPalco will expand its CRO licensing as its user geographic base grows.',

1.8 Workshop Jam Session — User Obligations

'By creating, participating in, or opening a Social DAW Session or Session Post, you: ' • confirm that all Cover Stems you have contributed to the session comply individually with Section 1.5 and all applicable platform rules; ' • acknowledge that the Social DAW Session is an ephemeral transient audio event and that the platform has not created any new recording or fixed work at any level — server, transit, or client; ' • acknowledge that no complete audio file of any stem exists on your device before, during, or after the session; ' • acknowledge that you may not use the platform to record the output of a Social DAW Session as a new upload or audio file; ' • acknowledge that the platform provides no tools, interfaces, or instructions that facilitate the recording, capture, or fixation of Social DAW Session audio output, and that any attempt to capture audio output using external software or means not provided by the platform — including audio loopback software, screen recording utilities, or any other capture method — constitutes a violation of these Terms and of the platform's Technological Protection Measure under Article 6 of the InfoSoc Directive and Article 217 CDADC; any user who does so bears sole legal responsibility for all consequences of that act and must independently obtain all rights required for a multi-track cover recording of the relevant composition, including mechanical and synchronization rights; ' • understand that Session Post sharing transmits only metadata (stem IDs and configuration) and that no audio file is transmitted to or from the platform by the Session Post itself; ' • understand that adding your Cover Stem to another user's Session creates a new Session Record attributing your contribution and does not modify or replace the original session; ' • confirm that you understand and accept the same-composition Session Post public distribution rules set out in Section 1.7.',

1.9 User Content and Rights

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Ownership

'You retain ownership of all User Content you upload, subject to the license grant below and the rights of third-party copyright holders in any elements incorporated in your content.',

License Grant to myPalco

'By uploading User Content, you grant myPalco a non-exclusive, worldwide, royalty-free, and sub-licensable license to host, store, reproduce, transcode, distribute, publicly perform, publicly display, and make available your User Content solely to operate the Service and its workshop, showcase, and collaboration features, including delivery via HLS Delivery. 'This license is transferable only in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of myPalco's assets, and only to the extent necessary for the successor entity to continue operating the Service. Any such transfer shall be subject to the same scope limitations set forth in this section. The license does not permit transfer of your content rights to unrelated third parties for purposes outside the operation of the Service.',

SCOPE LIMITATION

'This license applies only to User Content in which you own or control all relevant rights. It does NOT extend to any third-party copyrighted elements — compositions, master recordings, lyrics, or other protected works — incorporated in your Content. The platform receives a license only to the extent lawfully permitted by your own rights. Uploading content that incorporates third-party rights without authorization violates these Terms and does not transfer any rights to myPalco.',

Performer Neighboring Rights Grant for Social DAW Sessions

'By uploading a Cover Stem, you additionally grant myPalco and platform users a non-exclusive, worldwide, royalty-free license to incorporate your Cover Stem into Social DAW Sessions and Session Posts as described in Section 1.7, covering specifically the making-available right in your performance recording under Articles 176-184 of the Portuguese Código do Direito de Autor e dos Direitos Conexos (CDADC) and the applicable EU neighboring rights framework. This grant is limited to: (a) ephemeral transient audio mixing within Social DAW Sessions via HLS Delivery; (b) inclusion by stem ID reference in Session Records and Session Posts; and (c) attribution of your contribution in the Session Post metadata. This grant does not authorize any download, export, rendering, or fixation of your performance recording in combination with any other audio. Your neighboring rights in your performance recording as an independent work are not affected by this grant and remain yours.',

User representations and warranties

'By uploading any User Content, you represent and warrant that: ' • for original content: you are the sole author and rights holder of all elements, including composition, lyrics, arrangement, and master recording; ' • for Cover Stems: (a) the upload is a single isolated unaccompanied vocal track (voice only, against silence) or a single isolated unaccompanied instrument track (one instrument only, against silence) — never both simultaneously; (b) no backing track, second audio layer, second instrument, additional voice, sample, or third-party commercial sound recording is included; (c) you have recorded the track entirely using your own performance; (d) you have accurately provided attribution metadata identifying the original songwriter(s) and artist; (e) you have obtained or accept sole responsibility for all required rights including any mechanical license; and (f) any video component has independent synchronization rights clearance; ' • the content does not infringe any intellectual property, neighboring rights, moral rights, or other third-party rights; ' • the content is uploaded with a genuine primary purpose of collaboration, skills showcase, feedback, or creative development — not for passive listening or song distribution.',

1.10 Private Content and Team Sharing

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PRIVATE TRACKS

, 'Users may designate any track they upload as "private." A private track is not displayed in the public feed, public search results, or recommendation systems. Private tracks are visible only to the track owner and, if the owner elects, to the owner's designated team members as described below. 'myPalco implements access controls to restrict visibility of private tracks to authorized users. However, myPalco does not guarantee absolute confidentiality of any content uploaded to the Service. Private tracks remain subject to the license grant in Section 1.9, platform content moderation, and all applicable Terms. myPalco may access private content for the purposes of enforcing these Terms, complying with applicable law, or responding to valid legal process.',

TEAM SHARING

'Users may designate up to thirty (30) other registered users as "team members." Team membership is managed solely by the user who creates the team and may be revoked at any time. When a user marks a private track as "shared with team," that track becomes visible to the user's designated team members within the Service. 'Team member obligations: ' (a) Team members may view and interact with shared private tracks only within the Service. Sharing, redistributing, or making available any private track outside the team — including by screenshot, screen recording, audio capture, or any other means — is prohibited. ' (b) Team membership does not grant any license, ownership, or right to use the shared content outside the Service or for any purpose other than collaborative workshop activity within the platform. ' (c) The track owner retains full control over private track visibility and may revoke team sharing or remove team members at any time. Upon removal, the former team member's access to all private shared content is terminated immediately.',

PRIVACY EXPECTATIONS

'Users should understand that while myPalco restricts access to private content through technical controls: ' • content shared with team members may be viewed by those members on their devices and myPalco cannot control what team members do outside the platform; ' • private content is stored on myPalco's servers and is subject to the same security measures as all other content on the Service; ' • private content is not end-to-end encrypted and may be accessed by myPalco for the limited purposes described above; ' • deletion of a private track follows the same retention rules set out in Section 1.20.',

1.11 Video Content

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PERMITTED VIDEO CONTENT

'Users may upload video content to the Service in connection with their musical work. Permitted video content includes: ' (a) Original video recordings accompanying the user's own original compositions or stems — for example, a studio session recording, a behind-the-scenes clip, or a visual accompaniment to an original musical work; ' (b) Profile and banner media — users may set a video as their profile banner for personal presentation purposes; ' (c) Video content that does not infringe any third-party intellectual property rights, privacy rights, or other legal rights.',

PROHIBITED VIDEO CONTENT

' (a) Video recordings of performances of third-party compositions (video covers) without independently obtained synchronization rights clearance from the relevant music publisher. CROs do not grant synchronization rights; these must be obtained directly from the publisher; ' (b) Music videos, lyric videos, or visualizers that incorporate third-party copyrighted musical compositions or sound recordings without authorization; ' (c) Content depicting violence, abuse, sexually explicit material, hate speech, harassment, or any illegal activity; ' (d) Content that violates the privacy or image rights of any person depicted without their consent; ' (e) AI-generated deepfake video content that depicts real persons without their explicit consent.',

AUTOMATED VIDEO PROCESSING

'When a user uploads video content, myPalco automatically generates thumbnail images at multiple sizes for display purposes. This automated processing extracts a representative frame from the video and does not involve human review of the video content. Thumbnail generation is a technical operation necessary for the functioning of the Service. Users are informed of this processing at the point of upload.',

VIDEO DELIVERY

'Video content is delivered via the Service's streaming infrastructure. The same anti-piracy principles that apply to audio content apply to video: users may not capture, download, extract, or redistribute video content from the Service by any means not provided by the platform.',

1.12 Prohibited Conduct — Intellectual Property

'Users may not: ' • upload any Complete Song Reproduction, Substantially Similar Arrangement, or multi-track cover of any copyrighted work; ' • upload any Cover Stem containing a Backing Track, karaoke track, or any pre-existing commercial audio; ' • upload any voice-plus-instrument simultaneous recording of a third-party composition; ' • upload any video cover without independently obtained synchronization rights clearance; ' • create a Song Reconstruction into a Fixed Recording using the platform's features; ' • attempt to capture, record, or fix the audio output of a Social DAW Session using any external software, hardware, or means not provided by the platform, including audio loopback software, screen recording utilities, or any other capture method; ' • upload Cover Stems without accurate attribution metadata identifying the original songwriter(s) and artist; ' • upload Content whose primary purpose is passive listening rather than collaboration or creative development; ' • upload Content that infringes any intellectual property, neighboring rights, or moral rights; ' • re-upload Content removed pursuant to a valid rights notice, or circumvent hash-based stay-down filters; ' • use AI tools to replicate any third-party artist's voice, performance, or sound recording; ' • attempt to intercept, extract, or reconstruct any audio stream, decryption key, or audio buffer from the platform's HLS Delivery system; ' • share same-composition multi-stem Session Posts publicly by any means that circumvents the platform's private-only distribution restriction pending licensing; ' • impersonate any person or entity or misrepresent affiliation; ' • use the Service for any illegal purpose or in violation of applicable law.',

1.13 User Conduct and Community Standards

'In addition to the intellectual property prohibitions in Section 1.12, users must comply with the following conduct rules. These rules apply to all user activity on the Service, including profile content, messages, comments, track descriptions, session posts, and any other user-generated text, image, or media content.',

PROHIBITED CONDUCT — GENERAL

'Users may not: ' (a) Harassment and bullying: engage in targeted harassment, threats, intimidation, or sustained unwanted contact directed at any user. This includes but is not limited to repeated unwanted messages, coordinated harassment campaigns, doxxing (publishing private information), and cyberstalking; ' (b) Hate speech: post content that promotes violence, hatred, or discrimination against individuals or groups based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, age, or any other protected characteristic under applicable EU or Portuguese law, including content prohibited under EU Framework Decision 2008/913/JHA; ' (c) Terrorist content: upload, share, or distribute content that constitutes terrorist content within the meaning of Regulation (EU) 2021/784 (Terrorist Content Online Regulation); ' (d) Child safety: upload, share, or distribute any content that depicts, promotes, or facilitates child sexual abuse or exploitation. myPalco reports all such content to the competent authorities without exception; ' (e) Defamation and privacy violations: publish false statements of fact intended to damage another person's reputation, or publish another person's private information (including real name, address, phone number, or financial information) without their consent; ' (f) Spam and manipulation: engage in automated posting, fake engagement (artificial follows, ratings, or interactions), spam messaging, or any activity designed to artificially inflate visibility or manipulate the platform's systems; ' (g) Impersonation: create accounts or profiles that impersonate another person, artist, band, organization, or entity in a manner likely to deceive other users. Parody and fan accounts must be clearly identified as such; ' (h) Scams and fraud: engage in deceptive practices, phishing, or any activity designed to defraud other users or obtain personal information through deception; ' (i) Illegal activity: use the Service for any purpose that violates applicable EU, Portuguese, or other relevant national law; ' (j) Platform integrity: attempt to exploit bugs, vulnerabilities, or unintended functionality; reverse-engineer the Service; interfere with the Service's operation; or circumvent any security, access control, or anti-piracy measure.',

CONTENT MODERATION

'myPalco moderates content in accordance with the EU Digital Services Act (Regulation 2022/2065). Content moderation includes both automated systems and human review. ' • Automated moderation: myPalco uses automated systems to detect and prevent the upload of prohibited audio content (including Complete Song Reproductions and Backing Tracks) and to enforce format requirements. Automated decisions may be challenged through the complaint mechanism described below. ' • Human review: content flagged by automated systems, reported by users, or reported by Trusted Flaggers (Article 22 DSA) is subject to human review before final moderation decisions are made, except where immediate removal is required by law (e.g., terrorist content under Regulation (EU) 2021/784). ' • Trusted Flagger priority: notices submitted by entities designated as Trusted Flaggers by the Portuguese Digital Services Coordinator (ANACOM) are processed with priority, in accordance with Article 22 of the DSA.',

REPORTING ILLEGAL CONTENT

'Any user or third party may report content they believe to be illegal or in violation of these Terms using the platform's reporting mechanism. Reports must include: ' (a) an explanation of why the content is considered illegal or in violation of these Terms; ' (b) a clear identification of the specific content at issue; ' (c) the reporter's name and email address (which will not be shared with the reported user except where required by law). 'myPalco will acknowledge receipt of the report and communicate its decision to the reporter, including the reasons for the decision.',

COMPLAINT AND APPEAL MECHANISM (DSA Article 20)

'Users affected by content moderation decisions — including content removal, account restriction, or account suspension — may submit a complaint within six (6) months of the decision. Complaints must be submitted to: legal@mypalco.com with the subject line "DSA Complaint." 'myPalco will review complaints in a timely, non-discriminatory, and diligent manner. The outcome of the complaint review will be communicated to the user with a statement of reasons. If the original decision is reversed, myPalco will restore the affected content or access without undue delay. 'Users who are dissatisfied with the outcome of the internal complaint process may refer the matter to a certified out-of-court dispute settlement body in accordance with Article 21 of the DSA, without prejudice to the user's right to bring proceedings before the competent courts of Portugal.',

STATEMENT OF REASONS (DSA Article 17)

'When myPalco restricts content or an account, the affected user will receive a Statement of Reasons including: ' (a) the specific content or account activity that triggered the action; ' (b) the legal ground or Terms provision on which the decision is based; ' (c) whether the decision was made by automated means or human review; ' (d) information about the complaint and appeal mechanisms available; ' (e) the territorial scope of the restriction, where applicable.',

TRANSPARENCY REPORTING (DSA Article 15)

'myPalco publishes an annual Transparency Report covering: ' (a) the number of orders received from public authorities; ' (b) the number of content reports received and actions taken; ' (c) the number of Trusted Flagger notices received and response times; ' (d) the number of complaints received and outcomes; ' (e) the use of automated content moderation tools, including error rates where available; ' (f) the number of account terminations under the repeat-infringer policy. 'The Transparency Report is published on the myPalco website and covers the preceding calendar year.',

1.14 Moral Rights

'myPalco acknowledges the moral rights of authors and performers as provided under the Portuguese Código do Direito de Autor e dos Direitos Conexos (CDADC) and applicable EU Directives, including the right of attribution (direito de paternidade) and the right of integrity (direito à integridade da obra). All Cover Stem uploads must include accurate attribution metadata as required by Section 1.5. myPalco will not authorize uses of User Content that would constitute a derogatory treatment of the underlying work in a manner prejudicial to the honor or reputation of the author or performer. Users must not upload Cover Stems that distort, mutilate, or otherwise modify the underlying composition in a manner prejudicial to the author's honor or reputation. 'Video content depicting identifiable persons is additionally subject to Portuguese image rights (direito à imagem) under Article 79 of the Portuguese Civil Code. Users must obtain consent from all identifiable persons depicted in video uploads. myPalco reserves the right to remove video content that violates image rights upon notification.',

1.15 Platform Role — OCSSP Posture

'myPalco operates as an OCSSP under Article 17 CDSM and does not invoke a "neutral host" safe harbour. myPalco may review, remove, restrict, or disable access to any User Content to comply with applicable law, respond to valid rights notices, enforce these Terms, or protect the Service. This includes removal of content that, even if technically compliant with upload rules, is being used in a manner inconsistent with the platform's workshop purpose. The presence of content on the Service does not constitute endorsement or approval.',

1.16 Indemnification

'You agree to defend, indemnify, and hold harmless myPalco, its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, judgments, losses, costs, or fees (including legal fees) arising from: (a) your User Content; (b) your use of the Service; (c) your violation of these Terms; or (d) infringement of any third-party rights. This indemnification applies to the maximum extent permitted by applicable law.',

1.17 Limitation of Liability

'To the fullest extent permitted by applicable mandatory law, myPalco shall not be liable for indirect, incidental, special, consequential, or punitive damages arising from your use of or inability to use the Service. myPalco's total aggregate liability for any claims arising under or in connection with these Terms or the Service shall not exceed the greater of: (a) EUR 100; or (b) the total amount paid by you to myPalco in the twelve (12) months preceding the event giving rise to the claim. 'Nothing in these Terms excludes or limits myPalco's liability for: (i) death or personal injury caused by negligence; (ii) fraud or fraudulent misrepresentation; (iii) gross negligence (culpa grave) or wilful misconduct (dolo); or (iv) any other liability that cannot be lawfully excluded or limited under applicable Portuguese or EU law, including mandatory consumer protection provisions.',

1.18 Disclaimer of Warranties

'The Service is provided "AS IS" and "AS AVAILABLE" without warranties of any kind. myPalco does not warrant uninterrupted, error-free, or secure operation of the Service.',

1.19 Termination

'myPalco may suspend or terminate your account at any time for: violation of these Terms; uploading prohibited content categories (Complete Song Reproductions, Backing Track covers, Song Reconstructions, voice-plus-instrument simultaneous cover recordings); repeated infringement of third-party rights; re-uploading removed content; attempting to circumvent HLS Delivery encryption or key delivery mechanisms; attempting to capture Social DAW audio output using external means; violation of the User Conduct and Community Standards in Section 1.13; or as required by law. See the repeat-infringer policy in the IP Policy for specific triggers and timelines.',

1.20 Content Retention

'User Content removed from the Service will be deleted within 24 hours of removal, except where retention is required by court order, law-enforcement request, legal proceedings, or mandatory backup obligations. Retained copies are not publicly accessible. Deletion does not limit a rights holder's claim for infringement occurring prior to removal.',

1.21 Governing Law

'These Terms are governed by the laws of Portugal. Mandatory EU law provisions — including the CDSM Directive, DSA, GDPR, and EU AI Act — also apply where relevant. DMCA notice-and-takedown procedures are followed as a courtesy best practice for US-based complainants and do not constitute submission to US jurisdiction. EU CDSM Directive and DSA procedures govern primarily for EU-based rights holders and users.',

1.22 Dispute Resolution

'Parties agree to good-faith negotiation before formal proceedings. Unresolved disputes are subject to the jurisdiction of the competent courts of Portugal, without prejudice to mandatory EU law jurisdiction provisions.',

1.23 Severability

'If any provision is held invalid or unenforceable, it shall be modified to the minimum necessary or severed, without affecting remaining provisions.',

1.24 Entire Agreement

'These Terms, together with the Privacy Policy, the Intellectual Property Policy, and supplemental terms, constitute the entire agreement between you and myPalco.',

1.25 Changes to This Policy

'We may update this Policy from time to time. Material changes will be notified through the Service or by email before taking effect. Continued use after the effective date constitutes acceptance of the updated policy.',

1.26 Contact

'myPalco Legal Department — Email: legal@mypalco.com',
Terms of Service | Privacy Policy | Child Safety