Terms of Service
These Terms of Service ("Terms") govern your access to and use of PesaBass Music ("PesaBass," "we," "us," or "our"), including our website, mobile applications, and all related services.
1. Acceptance of Terms
By creating an account, accessing, or using PesaBass, you confirm that you are at least 13 years old (or the age of digital consent in your jurisdiction) and that you agree to be bound by these Terms, our Privacy Policy, our Community Guidelines, and all other policies referenced herein. If you do not agree, you must not use PesaBass.
If you are using PesaBass on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Description of Service
PesaBass is a digital platform that provides:
- Music Streaming & Discovery: Access to a catalog of music from African artists and beyond.
- Video Content: Exclusive music videos, live streams, and video-on-demand.
- Social Features: Artist profiles, social feed, messaging, following, and community engagement.
- Artist Tools: Upload, manage, and monetize music and video content through the Artist Hub.
- Event Management: Booking, organizing, and attending live music events via the Organizer Hub.
- Marketplace: Artist merchandise sales, funding/sponsorship, and crowdfunding campaigns.
- Wallet System: Digital wallet for platform transactions, earnings, and payouts.
- Premium Subscriptions: Paid plans with enhanced features including ad-free listening and offline access.
3. User Accounts
3.1 Registration: You must create an account to access most features. You agree to provide accurate, current, and complete information during registration.
3.2 Account Security: You are responsible for maintaining the confidentiality of your login credentials. Notify us immediately at security@pesabass.music if you suspect unauthorized access.
3.3 One Account Per Person: Each person may maintain only one account. Duplicate accounts may be suspended or terminated.
3.4 Account Types: PesaBass offers different account roles including Fan, Artist, Organizer, and Admin, each with specific permissions and responsibilities.
3.5 Account Termination: You may delete your account at any time. We may suspend or terminate accounts that violate these Terms. See our Privacy Policy for data retention details.
4. User Conduct & Prohibited Activities
You agree NOT to:
- Upload, post, or share content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful.
- Infringe on intellectual property rights of others (see our DMCA Policy).
- Impersonate any person, artist, or entity, or misrepresent your affiliation.
- Use bots, scrapers, or automated tools to access the platform without authorization.
- Attempt to circumvent security features, DRM protections, or access controls.
- Distribute malware, viruses, or harmful code through the platform.
- Engage in spamming, phishing, or fraudulent activities.
- Manipulate play counts, followers, likes, or any engagement metrics.
- Use the platform for money laundering or other illegal financial activities.
- Interfere with or disrupt the platform's infrastructure or other users' experience.
- Sell, resell, or commercially exploit your account or access to the platform.
- Harm minors in any way.
Violations may result in content removal, account suspension, permanent ban, and/or legal action. See our Community Guidelines for more details.
5. Content Ownership & Licensing
5.1 Your Content: You retain all ownership rights to content you upload. By uploading content to PesaBass, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your content in connection with providing and promoting the PesaBass service.
5.2 Representations: You represent and warrant that you own or have the necessary rights, licenses, and permissions to upload content to PesaBass, and that your content does not infringe any third party's rights.
5.3 PesaBass Content: The PesaBass name, logo, UI design, and all software, features, and documentation are our property or the property of our licensors and are protected by intellectual property laws.
5.4 Content Moderation: We reserve the right to review, moderate, and remove content that violates these Terms or our Community Guidelines, using both automated systems and human review.
5.5 License Termination: The license granted to PesaBass terminates when you delete your content from the platform, except where copies have been made by other users (e.g., shared playlists) or where retention is required by law.
6. Payments, Subscriptions & Refunds
6.1 Pricing: All prices are displayed in the applicable currency (KES, NGN, USD, etc.) and include relevant taxes unless otherwise stated.
6.2 Payment Processing: Payments are processed securely through Paystack. We do not store your full payment card details.
6.3 Subscriptions: Premium subscriptions auto-renew unless cancelled before the renewal date. You can cancel at any time through your account settings.
6.4 Wallet: The PesaBass wallet is a digital ledger for platform transactions. Wallet balances are non-transferable outside the platform except through authorized payout channels.
6.5 Refund Policy: Refunds are handled in accordance with our Return & Refund Policy. Digital content purchases (streams, downloads) are generally non-refundable once accessed.
6.6 Artist Payouts: Artists receive payouts based on the royalty structure outlined in the Royalty Agreement. Payouts are subject to minimum threshold requirements and applicable taxes.
7. Intellectual Property & DMCA
PesaBass respects intellectual property rights and expects users to do the same. If you believe your copyrighted work has been infringed on PesaBass, please submit a notice in accordance with our DMCA / Copyright Policy. We comply with the Digital Millennium Copyright Act and similar copyright laws worldwide.
Repeat infringers will have their accounts terminated. Counter-notifications may be filed if you believe a takedown was issued in error.
8. Disclaimers & Limitation of Liability
8.1 "As Is" Service: PesaBass is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
8.2 No Guarantee: We do not guarantee uninterrupted, secure, or error-free access to the platform. Service may be interrupted for maintenance, updates, or circumstances beyond our control.
8.3 Limitation of Liability: To the maximum extent permitted by law, PesaBass and its officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising from or related to your use of the service.
8.4 Maximum Liability: Our total cumulative liability for any claims arising from these Terms shall not exceed the greater of (a) the amount you paid to PesaBass in the 12 months preceding the claim, or (b) USD $100.
9. Indemnification
You agree to indemnify, defend, and hold harmless PesaBass, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorney fees) arising out of or related to: (a) your use of the platform; (b) your content; (c) your violation of these Terms; or (d) your violation of any third party rights.
10. Dispute Resolution
10.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of the Republic of Kenya.
10.2 Informal Resolution: Before filing a formal dispute, you agree to contact us at legal@pesabass.music and attempt to resolve the dispute informally within 30 days.
10.3 Jurisdiction: If informal resolution fails, disputes shall be submitted to the exclusive jurisdiction of the courts of Nairobi, Kenya, unless otherwise required by applicable consumer protection laws in your jurisdiction.
10.4 Class Action Waiver: To the fullest extent permitted by law, you agree to resolve disputes with PesaBass on an individual basis and waive the right to participate in class actions or class-wide arbitrations.
11. Third-Party Services
PesaBass may integrate with or link to third-party services (YouTube, social media, payment processors). Your use of these services is subject to their own terms and privacy policies. PesaBass is not responsible for the availability, accuracy, or content of third-party services.
12. Modifications to Terms
We may modify these Terms at any time. We will notify you of material changes by email and/or a notice on the platform at least 30 days before changes take effect. Continued use of PesaBass after modifications constitutes acceptance. If you disagree with changes, you must stop using the platform and delete your account.
13. General Provisions
13.1 Entire Agreement: These Terms, together with our Privacy Policy, Community Guidelines, and other referenced policies, constitute the entire agreement between you and PesaBass.
13.2 Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall continue in full force and effect.
13.3 No Waiver: Our failure to enforce any provision shall not constitute a waiver of that right.
13.4 Assignment: You may not assign your rights under these Terms without our written consent. We may assign our rights without restriction.
13.5 Force Majeure: PesaBass shall not be liable for delays or failures in performance resulting from causes beyond our reasonable control.
14. Contact Us
For questions about these Terms:
PesaBass Music — Legal Department
Email: legal@pesabass.music
Support: pesabass.music/support
Address: Nairobi, Kenya