Terms of Service

1. About these Terms

1.1 These Terms of Service ("Terms") form a binding agreement between you and [ENTITY: TrackOrigin Pty Ltd — replace with registered legal name] (ABN [ABN]) of [registered address], Sydney NSW, Australia ("TrackOrigin", "we", "us", "our").

1.2 These Terms apply to the TrackOrigin website, application, verification system, APIs, public certificate pages, certificate manifests, certificates, Origin Seal, widgets, account tools, dashboards, communications, support and any related service we provide (together, the "Service").

1.3 By creating an account, signing in, uploading a track, starting a verification session, buying credits, using a certificate, embedding a seal, accessing a public certificate page, or otherwise using the Service, you agree to these Terms and our Privacy Policy.

1.4 If you do not agree, you must not use the Service.

1.5 If you use the Service for or on behalf of another person, artist, producer, company, label, distributor, publisher, manager, agency, collective or organisation, you represent and warrant that you have authority to bind that person or organisation. In that case, "you" includes both you personally and that person or organisation.

1.6 These Terms preserve all rights that cannot lawfully be excluded, including rights under the Australian Consumer Law.

2. Eligibility and account responsibility

2.1 You must be at least 18 years old and legally capable of entering into a binding contract.

2.2 You must provide accurate, current and complete account information and keep it updated.

2.3 You are responsible for all activity under your account, including uploads, declarations, verification attempts, purchases, certificates, embeds, public claims and support requests.

2.4 You must keep your credentials secure. You must notify us immediately at support@trackorigin.io if you suspect unauthorised access.

2.5 We may require additional identity, account, payment, rights, authority, security or fraud checks before allowing access to particular features, issuing a certificate, allowing public display or processing a dispute.

2.6 We may refuse account registration, restrict features, require re-verification, suspend access or close accounts where we reasonably consider it necessary to protect the Service, other users, rights holders, certificate integrity, legal compliance, security or our business.

3. What TrackOrigin is

3.1 TrackOrigin is a technical verification and music provenance platform.

3.2 The Service may allow users to:

• (a) upload audio files and related metadata;
• (b) submit declarations about authorship, production process, collaboration, AI-tool use, recording context and related matters;
• (c) complete live verification challenges involving camera, microphone, voice, face, liveness, prompts, timing, musical knowledge, project knowledge, performance or other responses;
• (d) generate technical fingerprints, cryptographic hashes, analytical features, challenge scores and verification records;
• (e) receive a certificate if the verification rules, thresholds and integrity checks are met;
• (f) display public certificate pages and embeddable seals; and
• (g) use related account, dashboard, support and certificate-management tools.

3.3 TrackOrigin may use automated systems, machine-learning models, signal-processing tools, biometric checks, liveness systems, fraud-detection systems, manual checks and internal review processes to operate the Service.

3.4 The Service is not static. We may improve, retrain, replace, update, deprecate, tune, restrict or remove models, tests, thresholds, challenge formats, certificate formats, fraud checks, seal formats, APIs, user interfaces and other features over time.

4. What TrackOrigin is not

4.1 TrackOrigin is not a court, tribunal, arbitrator, expert witness service, law firm, copyright office, collection society, publisher, label, distributor, DSP, royalty administrator or rights-clearance service.

4.2 TrackOrigin does not determine, certify, guarantee or warrant:

• (a) legal authorship;
• (b) copyright ownership;
• (c) master ownership;
• (d) publishing ownership;
• (e) royalty splits;
• (f) contributor splits;
• (g) sample clearance;
• (h) moral rights compliance;
• (i) originality in law;
• (j) non-infringement;
• (k) absence of AI assistance;
• (l) eligibility for label, distributor, publisher, grant, playlist, monetisation, streaming-platform, court, licensing or commercial acceptance;
• (m) the commercial value of a track;
• (n) that any third party will accept, rely on or honour a certificate; or
• (o) that verification will improve, preserve or protect your reputation, income, opportunity, deal, dispute position or legal position.

4.3 You must obtain your own legal, commercial, copyright, royalty, label, publishing, accounting and technical advice before relying on any TrackOrigin output for an important decision.

4.4 You acknowledge that music creation, collaboration, AI assistance, sampling, production, performance, mixing, mastering and rights ownership can be factually and legally complex. TrackOrigin does not resolve those complexities for you.

5. Verification sessions

5.1 A verification session is an evidentiary and technical process controlled by TrackOrigin.

5.2 To complete a verification session, you may be required to:

• (a) upload the relevant audio file;
• (b) make declarations about the work and your role in it;
• (c) allow camera and microphone access;
• (d) provide live voice, face, liveness and challenge responses;
• (e) answer questions about the track, project, stems, arrangement, lyrics, production choices, performance, AI tools, DAW use, collaboration and related matters;
• (f) comply with timing, device, browser, network, lighting, audio and identity requirements; and
• (g) satisfy automated and manual integrity checks.

5.3 Verification criteria, scoring thresholds, fraud checks, challenge types and certificate requirements are determined by us and may change over time.

5.4 We are not required to disclose the full details of our verification logic, thresholds, fraud rules, anti-spoofing methods, model weights, internal scoring, review criteria or abuse-detection systems where disclosure may compromise the Service, assist fraud, reveal confidential systems or harm the integrity of verification.

5.5 We may stop, pause, terminate, restart, invalidate or require repetition of a verification session where we consider there may be technical failure, fraud risk, identity uncertainty, rights uncertainty, data corruption, inconsistent answers, suspicious conduct, policy breach, security risk, abuse or other integrity concern.

5.6 A verification session may fail, timeout, become inconclusive, be invalidated, be refused or be unavailable because of your device, browser, microphone, camera, internet connection, lighting, background noise, file quality, third-party infrastructure, model uncertainty, system load, abuse controls, account status, suspected fraud, incomplete declarations or other operational factors.

6. Failed, refused, inconclusive or unavailable verification

6.1 A failed, refused, incomplete, inconclusive, delayed, expired, revoked, suspended or unavailable verification result is not a statement by TrackOrigin that you did not create, write, produce, perform, own, control or contribute to the track.

6.2 A failed, refused, incomplete, inconclusive, delayed, expired, revoked, suspended or unavailable verification result is not a statement by TrackOrigin that you are dishonest, fraudulent, infringing, deceptive, using AI improperly, or not entitled to use the work.

6.3 Verification may fail, be refused, be delayed, become inconclusive, be invalidated or be unavailable for reasons unrelated to actual authorship or ownership, including:

• (a) device, browser, microphone, camera, lighting, audio, codec, file, network or upload problems;
• (b) corrupted, compressed, edited, mastered, transformed, low-quality, noisy or incomplete audio;
• (c) insufficient evidence, inconsistent metadata, inconsistent declarations or incomplete session data;
• (d) model uncertainty, scoring uncertainty, threshold changes, false positives, false negatives or unavailable model outputs;
• (e) account risk, payment risk, abuse risk, fraud risk, spoofing risk, identity risk or security risk;
• (f) rights disputes, takedown notices, complaints, conflicting claims or legal uncertainty;
• (g) service outages, maintenance, third-party provider failure or infrastructure constraints; or
• (h) any other reason we consider relevant to the integrity, security or operation of the Service.

6.4 You must not represent, imply or allow others to believe that a non-pass result is proof that any person did not create, write, produce, perform, own, control or contribute to a track.

6.5 You must not use a failed, refused, incomplete, inconclusive, delayed, expired, revoked, suspended or unavailable result to shame, defame, accuse, threaten, pressure, blackmail, mislead or commercially harm any person.

6.6 To the maximum extent permitted by law, you release TrackOrigin from any claim, loss or liability arising from or connected with a failed, refused, incomplete, inconclusive, delayed, expired, revoked, suspended or unavailable verification result, including alleged loss of opportunity, loss of reputation, platform decision, commercial decision, label decision, distributor decision, collaborator dispute, rights dispute, deal loss, income loss or third-party reaction.

6.7 Clause 6.6 does not exclude, restrict or modify any right you have under Australian Consumer Law or any other law that cannot lawfully be excluded.

7. Certificates, seals and public pages

7.1 A TrackOrigin certificate records only the information expressly stated in the certificate manifest and public certificate page.

7.2 A certificate usually indicates that, for a particular uploaded audio fingerprint and at a particular time, a particular account or participant satisfied the then-current verification requirements to the stated level.

7.3 A certificate does not guarantee that:

• (a) the participant is the legal author or owner of the work;
• (b) no other person contributed to the work;
• (c) the work is copyrightable;
• (d) the work is original;
• (e) all samples or interpolations are cleared;
• (f) all collaborators, producers, vocalists, writers or engineers have consented;
• (g) the participant has all required rights;
• (h) the declaration about AI-tool use is complete or legally determinative;
• (i) the certificate will be accepted by any third party; or
• (j) the certificate will remain available indefinitely.

7.4 We may revoke, suspend, expire, replace, annotate, restrict, hide, disable, reissue or withdraw a certificate or seal where we reasonably consider it necessary or appropriate, including where:

• (a) the certificate was issued in error;
• (b) the certificate was affected by fraud, suspected fraud, technical error, spoofing, replay, identity uncertainty, account compromise or inaccurate declarations;
• (c) the underlying track, certificate, user or account is subject to a dispute, complaint, rights claim, takedown request, legal notice, abuse report or investigation;
• (d) the certificate is being misrepresented, altered, misused or attached to another work;
• (e) the Service, model, standard or verification methodology changes;
• (f) we are required or authorised by law; or
• (g) continuing to display the certificate may expose us, users, rights holders or third parties to legal, security, reputational or operational risk.

7.5 A public certificate page is the canonical source for certificate status. Screenshots, downloaded images, copied seals, cached embeds, third-party displays and user statements may become outdated.

7.6 You must remove or update any certificate, seal, badge, widget, screenshot or claim if the relevant certificate is revoked, suspended, expired, annotated, replaced or withdrawn.

7.7 We may disable or alter embedded seals, widgets, API responses or public certificate pages at any time to reflect certificate status, protect integrity, manage security, comply with law or operate the Service.

8. AI-use declarations and AI limits

8.1 TrackOrigin may ask you to declare whether and how AI tools were used in creating, producing, writing, performing, mixing, mastering, arranging, generating, editing or transforming a work.

8.2 You must answer AI-use declarations truthfully, completely and in good faith.

8.3 TrackOrigin does not guarantee that it can detect all AI-generated, AI-assisted, synthetic, edited, cloned, interpolated, sampled, prompted, model-generated or machine-transformed material.

8.4 TrackOrigin does not guarantee that a work described as human-made contains no AI assistance, and does not guarantee that a work described as AI-assisted lacks human authorship.

8.5 AI detection and verification systems may produce false positives, false negatives, uncertain outputs, incomplete outputs or outputs affected by future model changes.

8.6 Any AI-use score, flag, warning, confidence value, certificate field or model output is a technical signal only. It is not legal advice, not a legal finding, not a copyright determination and not a guarantee of truth.

8.7 You are solely responsible for understanding and complying with the rules of any distributor, DSP, label, publisher, collecting society, marketplace, grant program, competition, licence, contract or law that applies to AI-assisted or AI-generated music.

9. No adverse inference, no sole reliance and no third-party duty

9.1 You agree that no adverse inference may be drawn against TrackOrigin, you, another user or any third party merely because:

• (a) verification was not passed;
• (b) verification was refused, unavailable, incomplete, delayed, revoked, suspended or inconclusive;
• (c) a certificate was not issued;
• (d) a certificate was revoked, annotated, replaced, hidden, suspended or withdrawn;
• (e) a score, flag, warning or model output was uncertain, adverse or unavailable; or
• (f) we declined to disclose internal model logic, scoring thresholds, fraud rules, review reasons or abuse signals.

9.2 You must not rely on TrackOrigin as your sole or primary evidence of authorship, ownership, rights clearance, originality, AI use, non-AI use, entitlement to monetise, entitlement to distribute, entitlement to publish, entitlement to royalties or entitlement to enforce rights.

9.3 Any third party who views or receives a certificate, seal, score, warning, public page, failure state or TrackOrigin output must make their own assessment. TrackOrigin does not owe any duty of care to third parties who rely on, reject, misunderstand, screenshot, cache, copy, embed or otherwise use TrackOrigin outputs.

9.4 You must not state or imply that TrackOrigin has endorsed, cleared, approved, certified, guaranteed, legally validated, commercially approved or taken responsibility for you, your track, your rights, your AI-use status, your ownership, your contributors, your claims or your business.

9.5 You must not use TrackOrigin outputs in court proceedings, legal demands, takedown notices, rights claims, distributor disputes, label disputes, publishing disputes, royalty disputes, employment disputes, insurance claims, grant applications or enforcement actions as expert evidence, legal proof or a conclusive determination unless we have given prior written consent or are compelled by law.

9.6 If we are required to respond to a subpoena, notice, court process, regulator request, discovery request, expert request, evidence request or other legal process related to your use of the Service, you agree to reimburse our reasonable costs to the maximum extent permitted by law, except where the request arises from our own proven unlawful conduct.

10. Your content and licence to us

10.1 You keep your rights. As between you and TrackOrigin, you retain all rights you already hold in your uploads, recordings, declarations, metadata and other submitted material.

10.2 You grant TrackOrigin a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, copy, transmit, process, analyse, transcode, fingerprint, transform, display, publish and otherwise use your Submissions only as reasonably necessary to:

• (a) provide, operate, maintain, secure and improve the Service;
• (b) run verification sessions and challenge scoring;
• (c) generate fingerprints, hashes, derived analyses, embeddings, transcripts, stems, excerpts, model inputs, model outputs, scores, warnings and certificate manifests;
• (d) issue, display, serve, revoke, annotate, replace and verify certificates and public certificate pages;
• (e) operate embeddable seals, widgets and APIs;
• (f) detect and prevent fraud, abuse, spoofing, replay attacks, deepfakes, identity misuse, rights misuse and platform manipulation;
• (g) provide support, investigate disputes and enforce these Terms; and
• (h) comply with law and protect legal rights.

10.3 Session Recordings may contain your face, voice, likeness and other sensitive personal information. You grant us the licence in this section for those recordings for the purposes stated in these Terms and the Privacy Policy.

10.4 Unless you make something public, TrackOrigin does not sell, license or distribute your uploaded audio as music content for third parties to exploit.

10.5 We may use de-identified, aggregated and derived information to evaluate, train, test, benchmark, secure and improve TrackOrigin models and fraud systems, subject to the Privacy Policy and any account-level opt-out we provide.

10.6 Deleting a Submission stops new ordinary use of that Submission, but we may retain information where reasonably required for certificate integrity, fraud prevention, legal compliance, security, accounting, backup, dispute handling, enforcement or public certificate history.

11. Your warranties and promises

11.1 You represent and warrant that:

• (a) you have all rights, licences, consents and authority required to upload each Submission and use the Service;
• (b) your Submissions do not infringe copyright, moral rights, performer rights, privacy rights, publicity rights, confidential information, contract rights or any other rights of another person;
• (c) all declarations you make are true, complete and not misleading;
• (d) you will not impersonate another person or claim a role you did not perform;
• (e) you will not submit another person’s face, voice, identity, performance or biometric information without lawful authority;
• (f) you will not use TrackOrigin to create a false impression of authorship, ownership, clearance, AI-free status or commercial approval;
• (g) you will not misuse certificates, seals, badges or public pages;
• (h) you will comply with all laws that apply to your use of the Service; and
• (i) where you act on behalf of others, you have authority to bind them and grant the permissions in these Terms.

11.2 If any warranty is untrue, you are responsible for the consequences, including claims by collaborators, rights holders, labels, publishers, artists, producers, vocalists, performers, sample owners, distributors or other third parties.

12. Acceptable use

12.1 You must not:

• (a) upload material you do not have authority to upload;
• (b) attempt to verify work you did not create, perform, produce, write or otherwise contribute to in the manner declared;
• (c) use deepfakes, face swaps, voice clones, replay attacks, screen recordings, photo attacks, pre-recorded answers, synthetic identity tools or any other method to defeat liveness or verification checks;
• (d) lie about AI-tool use, collaboration, samples, stems, project files, authorship, recording context, lyrics, performance, production or contribution;
• (e) attach a certificate or seal to any track other than the exact work and fingerprint for which it was issued;
• (f) modify, forge, scrape, spoof, copy, imitate or falsify a certificate, seal, manifest, API response, badge or public certificate page;
• (g) use a revoked, expired, suspended, annotated or withdrawn certificate as though it were live and clean;
• (h) reverse engineer, scrape, overload, attack, probe, fuzz, disrupt or interfere with the Service;
• (i) bypass payment, credits, rate limits, account controls, fraud checks or access controls;
• (j) upload malware, unlawful content, exploitative content or content that violates another person’s rights;
• (k) use the Service to harass, defame, threaten, blackmail, shame or falsely accuse another person;
• (l) use TrackOrigin outputs to make misleading statements about another person’s authorship, ownership, honesty or AI use;
• (m) resell, white-label, commercially exploit or integrate the Service without our written permission; or
• (n) use the Service in a way that creates unreasonable legal, operational, security, infrastructure, reputational or commercial risk for TrackOrigin.

13. Fraud, abuse and platform integrity

13.1 We may monitor, investigate, restrict, delay, refuse, revoke, flag or manually review activity where we detect or suspect fraud, abuse, manipulation, identity risk, rights risk, payment risk, model misuse, technical attack or breach of these Terms.

13.2 We may use automated systems to detect suspicious behaviour. Automated systems may be imperfect and may produce false positives or false negatives.

13.3 We are not required to provide detailed reasons, evidence, thresholds, model logic, fraud indicators or internal risk signals where doing so may compromise the Service, assist abuse, expose confidential systems or create risk to users or TrackOrigin.

13.4 We may share information with payment processors, infrastructure providers, security providers, professional advisers, regulators, law enforcement, rights holders or other parties where reasonably necessary to investigate abuse, comply with law, enforce these Terms or protect rights.

14. Manual review, disputes and appeals

14.1 We may offer support, re-checks, manual reviews or appeal options, but we are not required to provide them in every case.

14.2 Any review we perform is limited to the information available to us and does not convert TrackOrigin into a legal decision-maker, expert witness, arbitrator or rights tribunal.

14.3 We may charge credits or fees for retries, manual reviews, priority reviews, certificate reissues or dispute processing where published on our pricing page or agreed with you.

14.4 We may decline to review or continue reviewing a matter where we consider the request abusive, repetitive, unsupported, legally sensitive, unsafe, outside the Service scope, or better handled by the relevant parties, lawyers, courts, platforms or rights organisations.

14.5 Review outcomes are final for platform purposes unless we decide otherwise.

15. Our right to control, restrict, change or stop the Service

15.1 TrackOrigin is our platform. Subject to non-excludable rights under law, we may control, operate, change, restrict, suspend, discontinue, withdraw, shut down or replace any part of the Service.

15.2 We may make changes for any legitimate reason, including product direction, commercial viability, security, legal risk, infrastructure cost, technical feasibility, low usage, abuse, model performance, regulatory risk, third-party provider changes, business sale, restructuring or discontinuance of the business.

15.3 We may suspend or terminate your account or access where we reasonably consider that:

• (a) you breached these Terms;
• (b) your conduct creates legal, security, fraud, operational, payment or reputational risk;
• (c) your account is compromised or used by another person;
• (d) your use interferes with the Service or other users;
• (e) you misuse certificates, seals, verification results or public pages;
• (f) we are required or authorised by law; or
• (g) continuing to provide access is not commercially, legally, operationally or technically reasonable.

15.4 We may close, suspend or discontinue free accounts or free features at any time.

15.5 Where we permanently discontinue a paid feature for which you hold unused paid credits, your sole remedy is, at our election and subject to Australian Consumer Law, a reasonable replacement service, credit adjustment, account credit or refund of the unused portion.

15.6 We are not required to continue operating TrackOrigin indefinitely, preserve every historical certificate indefinitely, maintain every old seal format, support every integration, preserve every public page, or maintain compatibility with old code, old embeds, old APIs or third-party displays.

15.7 We will use reasonable efforts to give notice of material discontinuance where practical, but immediate action may be taken without notice where required for security, legal compliance, fraud prevention, abuse control, infrastructure protection or urgent operational reasons.

16. Credits, billing and refunds

16.1 The Service may operate on a credit, subscription, one-off purchase or usage-fee model.

16.2 Prices, credit costs, inclusions, limits and billing rules are published on the pricing page or checkout page and may change from time to time.

16.3 Payments are processed by a third-party payment processor. We do not store full card numbers.

16.4 Credits may be consumed by actions including verification attempts, retries, certificate issuance, manual reviews, storage, API use, public certificate features or other paid actions published on the Service.

16.5 Unless expressly stated otherwise, credits do not guarantee a pass result, certificate issuance, successful verification, third-party acceptance, commercial outcome or refund if verification fails.

16.6 Failed, refused, incomplete or inconclusive verification may still consume credits where system resources, processing, analysis, recording, scoring, fraud checks, storage or review occurred.

16.7 Refunds are provided where required by Australian Consumer Law or where we choose to provide them at our discretion.

16.8 You are responsible for taxes, duties, bank fees, currency conversion costs and payment-provider charges associated with your purchase, except taxes on our income.

16.9 We may suspend paid features or certificates where payment fails, is reversed, is disputed, is charged back, appears fraudulent or is otherwise not received.

17. Our intellectual property

17.1 TrackOrigin, the Origin Seal, certificate system, verification methodology, models, scoring systems, challenge formats, certificate manifests, APIs, widgets, dashboards, software, code, designs, graphics, documentation, brand assets, standard names and related materials are owned by us or our licensors.

17.2 You receive only a limited, revocable, non-exclusive, non-transferable licence to use the Service and display valid certificates and seals in accordance with these Terms.

17.3 You must not copy, modify, reverse engineer, scrape, reproduce, white-label, resell, create derivative systems from, or commercially exploit our intellectual property except as expressly permitted.

17.4 You may use embeddable seals only for the specific certificate and work for which they were issued and only while the certificate remains valid and displayed in accordance with these Terms.

17.5 We may revoke permission to use brand assets, seals, certificates, widgets or public pages where they are misused or where continued use may mislead users or third parties.

18. Privacy, recordings and biometrics

18.1 Our handling of personal information is governed by our Privacy Policy.

18.2 Verification sessions may require collection of sensitive personal information, including face recordings, voice recordings, liveness signals, biometric templates, device information and identity-related signals.

18.3 By starting a verification session, you consent to the collection, use, storage, processing and disclosure of that information for the purposes described in these Terms and the Privacy Policy.

18.4 You must not submit another person’s face, voice, identity, biometric information or personal information without lawful authority and all required consents.

18.5 You are responsible for ensuring that any collaborator, performer, artist, producer, vocalist or other person whose information you submit has authorised that submission.

19. Third-party services and third-party decisions

19.1 The Service may depend on third-party providers, including hosting, storage, payment, analytics, email, fraud prevention, model infrastructure, CDN, browser, device and operating-system providers.

19.2 We are not responsible for third-party services, outages, policies, rejections, takedowns, payment declines, chargebacks, platform decisions, account restrictions, search results, social-media displays, browser compatibility or external integrations except to the extent required by law.

19.3 You are solely responsible for how you use TrackOrigin outputs with third parties.

19.4 A certificate does not bind any label, distributor, publisher, court, rights holder, collaborator, DSP, collecting society, government agency, payment provider, grant body, advertiser, customer or platform.

19.5 We are not liable if a third party refuses to accept, recognise or rely on a TrackOrigin certificate or if a third party takes adverse action based on your use, misuse or interpretation of TrackOrigin outputs.

20. Disclaimers

20.1 Subject to Australian Consumer Law and any rights that cannot be excluded, the Service is provided on an "as is" and "as available" basis.

20.2 To the maximum extent permitted by law, we disclaim all warranties, representations and guarantees not expressly stated in these Terms.

20.3 We do not warrant that:

• (a) the Service will always be available, uninterrupted, secure, error-free or compatible with your device;
• (b) verification will succeed;
• (c) a certificate will issue;
• (d) any third party will accept a certificate;
• (e) any verification result will be legally, commercially or reputationally useful;
• (f) model outputs, scores, fingerprints, transcripts, stems, embeddings, liveness results, AI-use signals or fraud checks will be accurate, complete or free from error;
• (g) the Service will detect all fraud, AI use, spoofing, impersonation, rights defects, samples, collaborations or false statements;
• (h) a certificate will remain available indefinitely;
• (i) the Service will prevent disputes, claims, copyright issues, takedowns, platform decisions, label disputes, payment issues or reputation issues; or
• (j) the Service is suitable for your particular purpose.

20.4 Any technical output is probabilistic and may be affected by training data, model limits, audio quality, recording quality, device conditions, network conditions, lighting, noise, file formats, metadata, compression, background activity, user conduct and other factors.

21. Australian Consumer Law

21.1 Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right, remedy or protection under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

21.2 Where we are permitted to limit our liability for breach of a non-excludable guarantee, our liability is limited, at our election, to:

• (a) in the case of services, re-supplying the services or paying the cost of having the services re-supplied; and
• (b) in the case of goods, replacing the goods, supplying equivalent goods, repairing the goods, paying the cost of replacement or repair, or refunding the price paid.

21.3 Nothing in these Terms is intended to mislead you about your rights under Australian Consumer Law.

21.4 If a term is found to be unfair, void or unenforceable under applicable law, that term is to be read down to the minimum extent necessary to make it valid. If it cannot be read down, it is severed and the remaining Terms continue.

22. Liability limits

22.1 Subject to section 21 and any liability that cannot lawfully be excluded, TrackOrigin is not liable for:

• (a) loss of income, revenue, profits, royalties, advances, deals, streams, licence fees, opportunities, sponsorships, grants, contracts, placements, distribution, playlisting, monetisation or goodwill;
• (b) reputational harm, embarrassment, loss of status, public criticism, dispute escalation or commercial disadvantage;
• (c) any decision made by a label, distributor, DSP, publisher, rights holder, collaborator, platform, court, agency, manager, promoter, customer or other third party;
• (d) consequences of failed, refused, inconclusive, unavailable, revoked or delayed verification;
• (e) errors or limitations in AI detection, authorship scoring, liveness testing, biometric checks, fraud checks, fingerprints, transcripts, metadata extraction or model outputs;
• (f) loss or corruption of data except to the extent caused by our breach of a non-excludable obligation;
• (g) outages, interruptions, delay or unavailability of third-party infrastructure; or
• (h) indirect, consequential, special, punitive or exemplary loss.

22.2 Subject to section 21 and any liability that cannot lawfully be excluded, our total aggregate liability to you arising out of or in connection with the Service in any 12-month period is limited to the greater of:

• (a) the amount you paid us for the Service in that 12-month period; and
• (b) AUD $100.

22.3 The limits in this section apply whether the claim is in contract, tort including negligence, statute, equity, restitution, misrepresentation or any other legal theory.

22.4 Each party must take reasonable steps to mitigate loss.

23. Indemnity

23.1 You indemnify TrackOrigin, its officers, employees, contractors, suppliers and agents against all claims, losses, damages, liabilities, costs and expenses, including reasonable legal costs, arising out of or connected with:

• (a) your breach of these Terms;
• (b) your Submissions, Session Recordings, declarations, certificates, public claims, embeds or use of the Service;
• (c) any claim that your Submission infringes another person’s rights;
• (d) any claim by a collaborator, artist, producer, writer, performer, vocalist, engineer, label, distributor, publisher, manager, rights holder or sample owner;
• (e) your misuse or misrepresentation of a certificate, seal, badge, public page, failure result, score or TrackOrigin output;
• (f) your failure to obtain consent from any relevant person;
• (g) your breach of privacy, publicity, copyright, moral rights, contract, consumer, spam, data, biometric or other laws; or
• (h) your fraud, impersonation, spoofing, replay, evasion or abuse of the Service.

23.2 We will use reasonable efforts to notify you of a claim covered by this indemnity. We may control the defence or settlement of any claim where our interests are affected.

24. Changes to these Terms

24.1 We may update these Terms from time to time.

24.2 Material changes will be notified by email, account notice or posting on the Service where reasonably practical.

24.3 Continued use of the Service after an updated version becomes effective constitutes acceptance of the updated Terms.

24.4 If you do not accept updated Terms, you must stop using the Service and close your account.

25. Disputes and governing law

25.1 These Terms are governed by the laws of New South Wales, Australia.

25.2 You and TrackOrigin submit to the non-exclusive jurisdiction of the courts of New South Wales and courts entitled to hear appeals from them.

25.3 Before commencing proceedings, each party must use reasonable efforts to resolve the dispute by good-faith negotiation, unless urgent injunctive or interlocutory relief is required.

25.4 A dispute notice must be sent to support@trackorigin.io and must include the nature of the dispute, relevant account, relevant certificate or verification ID, key facts, evidence relied on and the outcome sought.

25.5 Nothing in this section limits any non-excludable right under Australian Consumer Law or any right to complain to a regulator, including the Office of the Australian Information Commissioner for privacy matters.

26. General legal terms

26.1 Entire agreement. These Terms, the Privacy Policy, any pricing page, checkout terms and any documents incorporated by reference are the entire agreement between you and us about the Service.

26.2 Severability. If any term is invalid or unenforceable, it is read down or severed and the rest of the Terms continue.

26.3 No waiver. A failure or delay in enforcing a right is not a waiver.

26.4 Assignment. You may not assign your rights or obligations without our written consent. We may assign or transfer these Terms in connection with a business sale, merger, acquisition, restructuring, financing, asset transfer or change of control.

26.5 Subcontracting. We may use contractors, suppliers and infrastructure providers to operate the Service.

26.6 Notices. We may notify you by email, account notice, public website notice or in-product notice. Notices to us must be sent to support@trackorigin.io.

26.7 No partnership. Nothing in these Terms creates a partnership, joint venture, agency, employment, fiduciary or representative relationship.

26.8 Force majeure. We are not liable for delay or failure caused by events beyond our reasonable control, including outages, cyber incidents, infrastructure failure, payment-provider issues, labour disruption, natural disasters, war, regulatory change, government action or major internet failure.

26.9 Electronic acceptance. Clicking, ticking, signing in, uploading, starting verification or otherwise using the Service is acceptance of these Terms.

27. Definitions

ACL

The Australian Consumer Law, being Schedule 2 to the Competition and Consumer Act 2010 (Cth), and any equivalent state or territory consumer protection laws.

AI tools

Any machine-learning, generative, synthetic, assistive, automated or algorithmic system used to generate, transform, imitate, clone, arrange, write, perform, produce, mix, master, enhance or analyse music, vocals, lyrics, audio, identity, likeness or related material.

Certificate

A TrackOrigin-issued certificate, signed manifest, public certificate page, verification record, badge or related output associated with a Submission.

Origin Seal

The embeddable badge, seal, widget or visual mark used to display or reference certificate status.

Service

The TrackOrigin website, application, verification system, account system, dashboard, models, tools, APIs, public certificate pages, certificates, manifests, seals, widgets and related services.

Session Recording

Any audio, video, screen, camera, microphone, voice, face, liveness, response or challenge recording captured during a verification session.

Submission

Any audio file, declaration, metadata, session recording, image, document, message, answer, response, identity signal, biometric signal, project information or other content submitted to or processed by the Service.

Verification

The TrackOrigin process of analysing a Submission, running challenges, assessing declarations, generating technical signals and determining whether a certificate should issue under the then-current system.

28. Contact

Email: support@trackorigin.io

[ENTITY: TrackOrigin Pty Ltd]
ABN [ABN]
[Registered address], Sydney NSW, Australia