Last Updated: May 2026
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.
You keep ownership of the content you create and upload — your audio, video, images, stems, vocal and instrument tracks, and all other original content you create on the Service. As for third-party elements — including covers, images, artwork, or other protected material — you represent that you hold the licences or authorisations necessary to use them, and you accept full responsibility for any infringement of third-party rights. myPalco does not claim ownership of your User Content and acquires no rights in it other than a limited, non-exclusive licence that is strictly necessary to operate the Service for you — for example, to store, process, display, and stream your content back to you and to other users strictly in accordance with the visibility and sharing settings you yourself choose for each upload (such as public, private, or shared with your team). myPalco does not make your content public on its own initiative — content is distributed only according to the settings you select, and you can change a track's visibility or remove it at any time. myPalco does not sell your content and does not distribute your content commercially. The full scope and limits of this operational licence are set out in Section 1.9, which also confirms that the licence does not extend to any third-party copyrighted material you may include in your uploads. This paragraph is a plain-language summary for visibility; Section 1.9 governs in the event of any difference.
The Service is currently provided as a beta (pre-release) version, made available for testing, evaluation, and early access. By using the Service you acknowledge and accept that:
The beta nature of the Service is reflected in the disclaimer of warranties (Section 1.18) and the limitation of liability (Section 1.17), which apply in full. Nothing in this section excludes or limits any rights you have under mandatory EU or Portuguese consumer-protection law, or myPalco's obligations under the GDPR, DSA, or other applicable law.
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.
The Service is designed and optimised for the following content categories:
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 are prohibited on the Service. Uploading them violates these Terms and may result in removal of the content and action on the account.
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.
"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.
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.
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.
A Cover Stem must consist exclusively of one of the following, and nothing else:
Vocal-only Cover Stem: the uploader's own unaccompanied voice, singing the melody, lyric, or a vocal arrangement of a known composition, recorded with no instrumental backing of any kind, no second vocal layer, and no audio from any third-party commercial sound recording. The recording must consist of voice alone, against silence. No simultaneous instrument performance by the uploader is permitted in a vocal Cover Stem, even if self-played.
Instrument-only Cover Stem: the uploader's own performance on a single instrument — guitar, piano, violin, flute, or any other instrument — playing a melody, chord progression, or arrangement derived from a known composition, recorded with no other instruments, no voice, no backing track, and no audio from any third-party commercial sound recording. One instrument only, against silence.
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.
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.
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.
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.
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. Any upload that contains a backing track or that otherwise approaches a complete song reproduction may be removed and may result in action on the account, whether identified through myPalco's content-review processes, a rights-holder notice, or a user report.
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.
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 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.
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:
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:
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.
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.
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.
By creating, participating in, or opening a Social DAW Session or Session Post, you:
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.
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 exercised only in accordance with the visibility and sharing settings you select for each upload (such as public, private, or shared with your team). myPalco does not publish, distribute, or make your User Content available to other users on its own initiative: content is distributed only to the audience determined by the settings you choose, and you may change a track's visibility or remove it at any time, after which myPalco will cease the corresponding distribution (subject to the content-retention and deletion timelines in Section 1.20). The rights to publicly perform, publicly display, distribute, and make available are engaged only to the extent your chosen settings call for public or shared distribution; for content you keep private, the license is limited to operating the Service for you and your designated team members. 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.
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.
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.
By uploading any User Content, you represent and warrant that:
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.
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:
Users should understand that while myPalco restricts access to private content through technical controls:
Users may upload video content to the Service in connection with their musical work. Permitted video content includes:
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 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.
The mobile application may send you push notifications relating to your account, social interactions, collaboration activity, and the Service. Push notifications are delivered through Apple Push Notification service (APNs) on iOS and through Firebase Cloud Messaging (FCM), and are sent only after you grant the operating-system notification permission. You may disable push notifications at any time through your device settings or the app. Some notifications are transactional and necessary to operate features you have enabled; disabling notifications may limit those features.
To operate, maintain, secure, and improve the Service, the mobile application uses third-party software development kits provided by Google's Firebase platform, including Firebase Crashlytics (crash and error diagnostics), Firebase Analytics (aggregate usage analytics), and Firebase Remote Config (feature flags, maintenance mode, and minimum-version enforcement). Analytics and crash/diagnostic collection are disabled by default and operate only where you have given consent through the in-app consent controls. The categories of data processed, the legal bases, retention periods, international transfer safeguards, and your consent and withdrawal rights are described in detail in the Privacy Policy, which forms part of these Terms.
myPalco may use Remote Config to require that you update to a minimum supported version of the application, or to place the Service into a temporary maintenance mode, where necessary for security, legal compliance, or the continued correct operation of the Service. Access to the Service may be limited until you install a required update.
Users may not:
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.
Users may not:
myPalco moderates content in accordance with the EU Digital Services Act (Regulation 2022/2065). Content moderation is carried out through human review, triggered by rights-holder notices, user reports, Trusted Flagger notices, and myPalco's own review of content on the Service. Automated technical checks may be applied to enforce format and upload requirements.
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:
myPalco will acknowledge receipt of the report and communicate its decision to the reporter, including the reasons for the decision.
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.
When myPalco restricts content or an account, the affected user will receive a Statement of Reasons including:
myPalco publishes an annual Transparency Report covering:
The Transparency Report is published on the myPalco website and covers the preceding calendar year.
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.
Rights holders who believe that content on the Service infringes their copyright, neighbouring rights, or related intellectual property rights may submit a notice to: takedown@mypalco.com, or use the in-app Flag function on any track card. The detailed procedure — including required notice elements, processing timelines, counter-notice procedure, and repeat-infringer policy — is set out in the Intellectual Property Policy.
Submitting a false or misleading notice may result in civil liability and account suspension in accordance with DSA Article 23 and the IP Policy.
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.
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.
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.
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.
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.
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.
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.
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.
If any provision is held invalid or unenforceable, it shall be modified to the minimum necessary or severed, without affecting remaining provisions.
These Terms, together with the Privacy Policy, the Intellectual Property Policy, and supplemental terms, constitute the entire agreement between you and myPalco.
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.
myPalco — Email: contact@mypalco.com