Terms of Use – musiQproof

1. Introduction

Welcome to musiQproof ("Company", "we", "us", or "our").

By accessing or using our platform, website, or purchasing any certification services (the "Services"), you agree to be bound by these Terms of Use ("Terms").

If you do not agree to these Terms, you must not use the Services.

2. Description of Services

musiQproof provides a system for creating a Certified Proof of Creation for digital content, including music, using cryptographic hashing and independent certification technologies.

The Services may include:

• creation of an Evidence Package
• generation of a cryptographic hash (e.g. SHA-256)
• independent certification using legally recognized certification technologies (such as RFC 3161 and eIDAS-based trust service providers)
• secure storage of certification records
• access to your Certified Proof of Creation and Evidence Package

3. Scope of Certification

A Certified Proof of Creation confirms that a specific Evidence Package was submitted to musiQproof, that a unique cryptographic fingerprint (SHA-256 hash) was generated from that Evidence Package, and that the submitted Evidence Package corresponds to that certified fingerprint.

A Certified Proof of Creation is designed to provide independently verifiable evidence that can help support claims relating to authorship, ownership and other intellectual property rights. It does not itself establish or determine authorship, ownership, originality, copyright validity, intellectual property rights or whether the uploader had the legal right to upload the submitted content.

Ownership, copyright and other intellectual property rights are legal matters that depend on the specific facts, all available evidence and the applicable law.

4. Legal Information

Information provided through the Service is for general informational purposes only and does not constitute legal advice.

5. Legal Effect of Certification

musiQproof creates professionally organized, independently verifiable evidence using legally recognized European certification technology under the eIDAS framework and internationally recognized RFC 3161 standards.

Within the European Union, every Certified Proof of Creation issued by musiQproof is independently certified using legally recognized European certification technology under the eIDAS framework. This provides one of the highest levels of legally recognized digital evidence available under eIDAS. Courts and other legal authorities cannot refuse this electronic evidence solely because it is electronic. Outside the European Union, the legal treatment of electronic evidence depends on the applicable jurisdiction. However, your certification remains based on the internationally recognized RFC 3161 standard and continues to provide independently verifiable evidence that can help support your claims.

While our certifications provide strong, independently verifiable evidence, no single piece of evidence can guarantee the outcome of a legal dispute. As with any evidence, its relevance and evidential weight are assessed in the context of the individual case.

Accordingly, we do not guarantee:

• success in legal proceedings;
• enforcement of intellectual property rights;
• that our evidence alone will determine the outcome of a dispute; or
• that any court, authority or third party will decide in your favour.

Every legal dispute is unique and depends on the applicable law, the specific facts and all of the evidence presented.

6. Acceptable Use

You are solely responsible for:

• the content you upload
• ensuring you own or have the necessary rights and authority to upload that content
• the accuracy of all submitted information
• ensuring your submission does not infringe the rights of any third party

By submitting content to musiQproof, you represent and warrant that:

• you own or have the necessary rights and authority to upload the submitted content
• all submitted information is accurate and truthful to the best of your knowledge
• your use of the Service complies with applicable law
• your use of the Service does not infringe the rights of any third party

You agree not to upload:

• copyrighted material for which you do not have the necessary rights
• illegal, fraudulent or misleading content
• content intended to falsely claim authorship or ownership
• content that infringes the intellectual property rights of others

musiQproof does not review, investigate or verify the ownership, authorship or legality of uploaded content.

7. Intellectual Property Disputes

Any dispute relating to ownership, authorship, copyright or other intellectual property rights remains solely between the relevant parties.

musiQproof does not act as an arbitrator, mediator or decision-maker in such disputes.

The Service provides independently verifiable evidence only and does not determine ownership, authorship or the legality of submitted content.

8. Indemnification

You agree to indemnify, defend and hold harmless musiQproof, its directors, officers, employees, contractors and partners from any claims, damages, liabilities, losses, legal costs and expenses arising from:

• your uploaded content
• alleged copyright infringement
• ownership disputes
• intellectual property disputes
• misuse of the Service
• violation of these Terms

9. Third-Party Services

musiQproof relies on independent third-party certification providers and technology partners.

We are not responsible for:

• their availability
• their performance
• their legal status
• interruptions or failures of third-party services
• changes to third-party technologies or applicable laws

10. No Monitoring or Enforcement

musiQproof does not:

• monitor use of your content
• detect infringement
• enforce intellectual property rights
• participate in legal disputes
• resolve ownership claims

11. Limitation of Liability

To the fullest extent permitted by applicable law, musiQproof shall not be liable for any:

• direct damages
• indirect damages
• incidental damages
• consequential damages
• special damages
• punitive damages

including, without limitation:

• loss of income
• legal expenses
• reputational damage
• loss of business
• business interruption
• loss of data

arising from or relating to the use of the Services.

12. Maximum Liability

To the fullest extent permitted by law, musiQproof's total aggregate liability for any claim shall never exceed the amount actually paid by the user for the specific Service giving rise to that claim.

13. No Warranty

The Services are provided "as is" and "as available."

musiQproof makes no warranties, express or implied, including any warranty regarding:

• uninterrupted availability
• error-free operation
• the outcome of any legal dispute;
• suitability for any particular purpose

14. Data Storage

While musiQproof implements commercially reasonable security measures, we cannot guarantee that data will never become:

• lost
• corrupted
• inaccessible
• unavailable

Users remain responsible for maintaining their own backups.

15. Irreversibility of Certification

Once an Evidence Package has been created and certified:

• it cannot be modified
• it cannot be altered
• it cannot be replaced

Any modification requires a completely new certification.

16. Anti-Abuse

Users may not use the Services to:

• falsely claim ownership
• misrepresent authorship
• commit fraud
• submit misleading information
• violate applicable law

musiQproof reserves the right to suspend or permanently terminate accounts involved in abuse or fraudulent activity.

17. Payments and Refunds

All payments become final and non-refundable.

18. Force Majeure

musiQproof shall not be liable for any delay or failure resulting from:

• technical failures
• cyberattacks
• natural disasters
• regulatory changes
• acts of government
• internet outages
• events beyond our reasonable control

19. Governing Law and Jurisdiction

These Terms shall be governed by and interpreted in accordance with the laws of the Netherlands.

Any dispute arising from these Terms or the Services shall be submitted exclusively to the competent courts of the Netherlands.

musiQproof does not represent that the Services comply with the laws of jurisdictions outside the Netherlands.

20. Changes to these Terms

We may modify these Terms at any time.

Updated versions become effective immediately upon publication on our website.

Your continued use of the Services constitutes acceptance of the revised Terms.

21. Contact

For questions regarding these Terms of Use, please contact:

• hello@musiqproof.com