TERMS OF SERVICE

Effective Date: July 28, 2025

Welcome to AI:Underground ("AIU.FM"). These Terms of Service (the "Terms") constitute a legally binding agreement between you (the "Contributor," "you," "your") and AIU.FM ("the Station," "we," "us," "our") governing your submission of musical works and other materials to our Service.

By submitting Content to the Service, you affirm that you have read, understood, and agree to be bound by these Terms in their entirety. If you do not agree with any part of these Terms, you must not submit any Content to the Service.

1. Definitions

• "Service" refers to the AIU.FM online radio station, its associated websites, social media channels, the official AIU.FM Discord server, and any other platforms or media operated by AIU.FM.
• "Contributor" refers to the individual artist, producer, composer, rights holder, or authorized representative who submits Content to the Service.
• "Content" refers to any and all sound recordings, musical compositions embodied therein, associated metadata, artist names, likenesses, biographical information, and artwork submitted by a Contributor to the Service.
• "AI-Enhanced Content" refers to Content created primarily by a human author where artificial intelligence tools were used for assistive purposes, such as mixing, mastering, or generating minor elements.
• "AI-Generated Content" refers to Content where the fundamental musical components (e.g., melody, harmony, structure) are created by a generative artificial intelligence model.
• "Broadcast" means the public transmission of Content through the Service's online audio stream.
• "Promotional Materials" means any audio, visual, or audiovisual content created by the Station to promote the Service, including but not limited to social media posts, on-air station identification, compilation videos, and advertisements for the Station itself.

2. Acceptance of Terms

You accept these Terms and enter into a binding contract with AIU.FM when you complete the submission process via the APPY bot on the official AIU.FM Discord server. This process requires an affirmative act of agreement (such as clicking a button or typing a command confirming your acceptance of these Terms) before your Content can be uploaded. This action creates a legally enforceable "click-wrap" agreement.

3. The AIU.FM Service and Promotional Nature

AIU.FM is currently a non-profit, curator-driven online radio station. While Contributors will not receive royalties or direct financial compensation, the Station reserves the right to use Content in promotional materials that may incidentally support the sustainability of the platform (e.g., advertising, partnerships).

• Promotional Exposure Only: You are submitting your Content voluntarily for the sole purpose of receiving promotional exposure.
• No Financial Compensation: You will not receive any fees, royalties, or other monetary compensation from AIU.FM for the use of your Content. The promotional exposure provided by the Service is the sole and sufficient consideration for the rights you grant in these Terms. This promotional arrangement does not create any employment, partnership, agency, or joint venture relationship between you and AIU.FM.
• No Guarantee of Broadcast: Submission of Content does not guarantee that it will be selected for Broadcast. The Station retains full curatorial discretion over all programming.
• 3.1. Potential Future Monetization Opportunities: You acknowledge that the Service is currently provided on a non-commercial, royalty-free basis. The Station may, at its sole discretion, introduce new service models in the future which may include opportunities for financial compensation for Contributors. Should such a model be introduced, your participation will be entirely optional. You will be provided with a new agreement outlining the terms of the new model. To participate, you will be required to affirmatively accept the new agreement, which may then govern all of your Content submitted to the Service, including Content submitted prior to the introduction of the new model, subject to the terms of that new agreement.

4. Eligibility

To submit Content to the Service, you must be at least 18 years of age or the age of legal majority in your jurisdiction. If you are between the ages of 13 and 18 (or the applicable age of majority), you may only submit Content if your parent or legal guardian has read and agreed to these Terms on your behalf and has completed and submitted the required Parental Consent Form, which can be requested by directly contacting Ghost.ryder@aiu.fm. By submitting Content, you represent and warrant that you meet these eligibility requirements.

5. Grant of License to AIU.FM

By submitting Content, you grant to AIU.FM a non-exclusive, worldwide, royalty-free license to:

• a) Host, Reproduce, and Distribute: Host, store, copy, and otherwise reproduce your Content on servers and other media as necessary to operate the Service.
• b) Broadcast and Publicly Perform: Broadcast, stream, transmit, and otherwise publicly perform your Content, in whole or in part, through the Service.
• c) Adapt for Technical Purposes: Adapt, reformat, transcode, or modify your Content as reasonably necessary for its inclusion, optimization, and transmission via the Service (e.g., converting file formats, normalizing volume). This right does not permit the creation of substantive derivative works (such as remixes) from your Content.
• d) Use in Promotional Materials: Use, reproduce, display, and perform your Content, as well as your name, likeness, and provided artwork/biography, in any and all Promotional Materials for the Service across all media formats. and you grant us the right to use your name, likeness, voice (if included), and submitted biographical details for identification and promotion in connection with your Content.

Duration of License: The license granted in sections 5(a), 5(b), and 5(c) remains in effect for as long as your Content is available on the Service and can be terminated by you as described in Section 10. However, you expressly agree that the license granted in section 5(d) for use of your Content in Promotional Materials created prior to the effective date of your Content's removal is perpetual and irrevocable.
To revoke the license granted to AIU.FM under Sections 5(a), (b), and (c), you must submit a written request for removal as described in Section 10. Upon confirmation, AIU.FM will cease using the Content in active rotation or public transmission within a reasonable timeframe, typically no more than 7 business days.
If AIU.FM terminates your access due to a violation of these Terms, your Content may also be removed from active use at our discretion. However, prior promotional use (per Section 5d) will remain unaffected.

6. Contributor Representations and Warranties

You represent and warrant to AIU.FM that:

• a) Ownership and Authority: You are the sole owner of the Content or have obtained all necessary rights, licenses, consents, and permissions from all relevant third parties (including but not limited to songwriters, publishers, producers, performers, and record labels) to submit the Content and to grant the license set forth in Section 5.
• b) No Infringement: Your Content and its use by AIU.FM as authorized under these Terms do not and will not infringe upon the intellectual property rights (including copyright and trademark), privacy rights, publicity rights, or any other legal or moral rights of any third party.
• c) Clearance of All Elements: You have obtained all necessary clearances for any and all elements within your Content, including any samples, loops, vocals, or other materials created by third parties. You assume all liability for any claims made by third parties regarding unauthorized use of such elements.
• d) PRO Compliance: Your grant of a royalty-free license to AIU.FM does not violate any agreement you may have with any performing rights organization (PRO), collective management organization (CMO), or music publisher, and you are solely responsible for any reporting obligations or other duties you may have to such organizations.

7. Special Provisions for AI-Generated and AI-Enhanced Content

• 7.1. Warranty for AI Content: In addition to the warranties in Section 6, if your Content is AI-Enhanced Content or AI-Generated Content, you further represent and warrant that:
  • a) You have the full legal right to use, reproduce, distribute, and publicly perform all AI-created components.
  • b) Your use complies with the terms of service of any and all AI tool(s) used, and you have secured a license from such tool(s) that is sufficient in scope to grant the license to AIU.FM as set forth in Section 5 of these Terms.
  • c) You acknowledge that the legal status of AI-generated works is uncertain and that some AI tools may have been trained on copyrighted material without authorization. You accept full and sole responsibility for any and all copyright infringement claims, liabilities, or disputes that may arise from the underlying training data or output of the AI tool(s) you used to create your Content.
• 7.2. Acknowledgment of Ethical Considerations: AIU.FM is a community that celebrates creativity and innovation in music. We recognize that the legal and ethical frameworks surrounding artificial intelligence in art are rapidly developing and complex. By submitting Content, you affirm that you are conscious of these evolving ethical implications and have been mindful of them in your creative process. You agree that you are solely responsible for navigating these considerations.

8. Acceptable Use and Content Standards

You agree not to submit any Content that:

• Is unlawful, fraudulent, defamatory, obscene, pornographic, or sexually explicit.
• Promotes or incites violence, terrorism, or hatred against individuals or groups based on race, religion, ethnic origin, gender, sexual orientation, disability, or any other protected characteristic.
• Infringes on the copyrights or trademarks of any third party.
• Contains viruses, malware, or other malicious code designed to disrupt the Service.
• Constitutes spam, unsolicited advertising, or fraudulent schemes.
• Violates the privacy of any third party or impersonates any person or entity.

9. Copyright Policy (DMCA Compliance)

AIU.FM respects intellectual property rights and complies with the Digital Millennium Copyright Act ("DMCA").

• a) Takedown Notices: If you are a copyright owner and believe that any Content on the Service infringes your copyright, you may submit a written notification to Ghost.ryder@aiu.fm. Your notice must include all information required by the DMCA, including:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed.
  3. Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material.
  4. Your contact information, including address, telephone number, and email address.
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

• b) Counter-Notifications: If you believe your Content was removed by mistake or misidentification, you may send a counter-notification to our Copyright Agent containing the information required by the DMCA.
• c) Repeat Infringer Policy: AIU.FM will, in appropriate circumstances, terminate the access of Contributors who are determined to be repeat infringers.

10. Content Removal and Termination
If AIU.FM terminates your access due to a violation of these Terms, your Content may also be removed from active use at our discretion. However, prior promotional use (per Section 5d) will remain unaffected.

You may request the removal of your Content from the Station's active broadcast rotation at any time by contacting us at Ghost.ryder@aiu.fm. We will process such requests in a timely manner. You acknowledge that this removal does not affect the perpetual license granted for Promotional Materials created prior to your request, as stated in Section 5.

The Station reserves the right, in its sole discretion, to remove any Content or terminate any Contributor's access to the Service at any time, for any reason, including for a breach of these Terms, with or without notice.

11. Disclaimer of Warranties and Limitation of Liability

• a) Disclaimer of Warranties: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. AIU.FM DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

You use the Service at your own risk. We make no guarantees regarding the availability, accuracy, or reliability of any part of the Service.

• b) Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL AIU.FM, ITS OPERATORS, VOLUNTEERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. 

12. Indemnification

You agree to indemnify, defend, and hold harmless AIU.FM and its operators, volunteers, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Service; (b) your Content; or (c) your breach of any of your representations and warranties or any other provision of these Terms. This indemnification obligation specifically includes, without limitation, any claims arising from a breach of the warranties in Section 6 and Section 7.

13. Dispute Resolution and Governing Law

• a) Governing Law: These Terms shall be governed by and construed in accordance with the laws of the State of Texas, United States, without regard to its conflict of law principles.
• b) Binding Arbitration and Class Action Waiver: Any dispute, claim, or controversy arising out of or relating to these Terms shall be determined by binding individual arbitration, not in court. You agree that you and AIU.FM are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.

14. General Provisions
If you access the Service from outside the United States, you are responsible for compliance with any local laws. AIU.FM makes no representation that the Service is appropriate or available in other jurisdictions.

• a) Modification of Terms: We reserve the right to modify these Terms at any time. We will provide notice of any material changes by posting the new Terms on our Discord server, by sending a notice to the email address associated with your submission, or through other reasonable means. Changes will not apply retroactively and will become effective no sooner than fourteen days after they are posted, unless the changes are for legal reasons, in which case they will be effective immediately. Your continued submission of Content or failure to request removal of your Content after the effective date of the changes constitutes your acceptance of the new Terms. For any modifications that materially alter your rights or obligations, we may require you to provide consent by an affirmative act (such as clicking "I agree") to continue using the Service.
• b) Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be severed, and the remaining provisions will remain in full force and effect.
• c) Entire Agreement: These Terms constitute the entire and exclusive understanding and agreement between AIU.FM and you regarding the Service and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements.
• d) Contact Information and Notices: For any questions or legal notices regarding these Terms, please contact us at: Ghost.ryder@aiu.fm.

4.1. COPPA Compliance
AIU.FM does not knowingly collect personal information from children under the age of 13. If we become aware that such information has been submitted without verifiable parental consent, we will delete it promptly in accordance with the Children's Online Privacy Protection Act (COPPA)