Terms And Conditions

UNDERPOUND

Effective Date: 26 January 2026

These Terms and Conditions (“Terms”) govern access to and use of the website and services operated by UNDERPOUND (“we,” “us,” “our,” or “the Platform”), accessible at https://artists.underpound.com.

By accessing or using the Platform, you agree to be legally bound by these Terms. If you do not agree, you must not use the Platform.

1. Legal Status and Applicability

These Terms are governed by the laws of the Republic of Botswana, including applicable common law principles, the Electronic Communications and Transactions Act, consumer protection principles, and relevant intellectual property legislation.

UNDERPOUND operates as an online intermediary and service provider and does not act as a record label, publisher, or rights-holding entity unless expressly agreed in writing.

2. Eligibility and Authority

By using the Platform, you confirm that:

You are at least 18 years old or have legal capacity under Botswana law.
You are legally capable of entering into a binding agreement.
If submitting content on behalf of an artist, group, or legal entity, you have full authority to do so.

3. Services Provided

UNDERPOUND provides digital services that may include:

Submission of music and related materials for review
Hosting and distribution of approved content via an online music store
Promotional or monetisation services (where offered)

Submission of content does not guarantee approval, publication, or commercial success.

4. User Accounts and Responsibilities

You are responsible for:

Maintaining the confidentiality of your login credentials
All activity conducted under your account
Ensuring all information provided is accurate and lawful

UNDERPOUND reserves the right to suspend or terminate accounts that breach these Terms or applicable law.

5. User Content and Intellectual Property

5.1 Ownership and Warranties

You retain ownership of all content you upload (“User Content”). By uploading content, you represent and warrant that:

You are the lawful owner of the content or
You hold all necessary rights, licences, and permissions to upload, distribute, and monetise the content
The content does not infringe any copyright, trademark, neighbouring right, moral right, or other intellectual property right under the laws of Botswana or any other jurisdiction

You acknowledge that you bear sole legal responsibility for the User Content you upload.

5.2 Licence Granted to UNDERPOUND

By submitting User Content, you grant UNDERPOUND a non-exclusive, worldwide, royalty-free licence to:

Store, host, reproduce, transmit, display, and distribute the content
Use the content solely for platform operation, review, promotion, and distribution services

This licence remains in effect only for as long as necessary to provide the services, unless retention is required by law.

6. Prohibited Content

You may not upload content that:

Infringes copyright or intellectual property rights
Is unlawful, fraudulent, misleading, defamatory, or obscene
Violates the rights of third parties
Contains malicious software or harmful code

UNDERPOUND reserves the right to remove or restrict access to such content without prior notice.

7. Content Review, Approval, and Removal

All submissions are subject to review
UNDERPOUND may approve, reject, suspend, or remove content at its discretion
UNDERPOUND is not obligated to monitor all content but may do so to comply with legal obligations

8. Copyright Infringement and Takedown Procedure

UNDERPOUND respects intellectual property rights and follows a notice-and-takedown procedure consistent with international best practice.

Reporting Infringement

Email: contact@underpound.com

The notice should include:

Identification of the copyrighted work
Identification of the allegedly infringing material
Proof of ownership or authority
Contact details of the complainant

Upon receipt of a valid notice, UNDERPOUND will:

Investigate the complaint
Remove or disable access to the content where appropriate
Notify the uploader

Accounts of repeat infringers may be terminated.

9. Disclaimer of Liability

To the maximum extent permitted under Botswana law:

UNDERPOUND does not guarantee that User Content is lawful or non-infringing
UNDERPOUND is not liable for content uploaded by users
Services are provided on an “as is” and “as available” basis

10. Limitation of Liability

UNDERPOUND shall not be liable for:

Indirect, incidental, special, or consequential damages
Loss of income, profits, data, or reputation
Claims arising from third-party actions or User Content

Where liability cannot be excluded under Botswana law, it shall be limited to the amount paid by the user to UNDERPOUND in the preceding twelve (12) months.

11. Indemnity

You agree to indemnify and hold harmless UNDERPOUND from any claims, damages, losses, liabilities, and legal costs arising from:

Your User Content
Breach of these Terms
Violation of any applicable law or third-party rights

12. Fees and Payments (If Applicable)

All fees are disclosed before payment
Fees are non-refundable unless stated otherwise
You are responsible for any applicable taxes or statutory charges

13. Termination

UNDERPOUND may suspend or terminate access:

For breach of these Terms
To comply with legal or regulatory obligations
To protect the Platform or other users

Upon termination, all licences granted to you under these Terms cease immediately.

14. Privacy and Data Protection

Personal information is processed in accordance with applicable data protection principles and UNDERPOUND’s Privacy Policy, which forms part of these Terms.

15. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Botswana.

Any dispute arising from these Terms shall be subject to the exclusive jurisdiction of the courts of Botswana.

16. Contact Details

Company Name: UNDERPOUND
Website: https://artists.underpound.com
Email: contact@underpound.com