Terms of Service and Content License Agreement
English translation for reference only. The Japanese original is the only legally binding version (Article 31).
These Terms set out the conditions for using the music content and music services provided by BRUSH MUSIC Inc. (the "Company" or "Party A"), and the conditions for licensing digital content between the Company and artists and content makers ("Party B").
If you wish to register for the Service, please read these Terms carefully and apply only if you agree. By applying to register for the Service, you are deemed to have agreed to these Terms. If you do not agree to these Terms, you may not apply to register.
Personal information is handled under our separate Privacy Policy, which applies to your use of the Service as an integral part of these Terms.
Anyone under 18 years of age needs the consent of a parent or other legal guardian.
Chapter 1 General Provisions
Article 1: Definitions
In these Terms, the following terms have the meanings set out below.
"Company" ("Party A" in Chapter 5) means BRUSH MUSIC Inc.
"Terms" means this document (the Terms of Service and Content License Agreement). Matters concerning the handling of personal information are governed by the separate Privacy Policy.
"Service" means the use of the services on the BRUSH MUSIC website that the Company provides under these Terms, under which the Company is entrusted with licensing for the use or production of each item of content.
"Paid Service" means any part of the Service provided on condition of payment of a fee set by the Company.
"Free Service" means any part of the Service provided without payment of a fee (including free entries).
"Account" means the right to use the Service granted by the Company, including the login information linked to it.
"Account Holder" means the individual or legal entity that has registered an account for the Service and agreed to these Terms.
"Artist" ("Party B" in Chapter 5) means the author of content covered by the Service, or any other rightful holder who licenses content through the Service.
"Content" ("Digital Content" in Chapter 5) means songs, lyrics and their sound or video recordings (including music videos and live footage), song titles, cover art, artist photos and any other information that the Account Holder registers or provides (including by upload) to the Service. It also includes materials or information made to convey information, such as signs, text, figures, colours, voice, sound, images and video (including combinations of these).
"Member" means a person who has registered for the Service and purchased the right to view or use Digital Content.
"Account Balance" means the sales revenue credited to the account by the Company under Article 6 and held by the Company until the Account Holder requests payment.
Article 2: The Service
As part of the Service, the Account Holder can check reports such as sales results and the sales revenue for each item of content on their own dashboard.
The Service is intended for individuals living in Japan and legal entities with a business base in Japan who fully understand and can read and write Japanese, unless the Company separately approves otherwise. The Account Holder warrants that they meet these conditions.
The Account Holder represents and warrants the following. The Service is provided on condition that all of these representations and warranties are accurate and true and that the Account Holder complies with these Terms.
The Account Holder has the full rights and authority needed to register for and use the Service.
The Account Holder's registration and use of the Service under these Terms (including receipt of payments and suspension or termination of use; the same applies in this Article), and the use of content in connection with the Service (including use by the Company, distribution stores, and their licensees and users; the same applies in this Article), do not breach any contract or other agreement between the Account Holder and any third party.
Where there are artists other than the Account Holder, the Account Holder has obtained from all of them every authorisation needed for the Account Holder's registration and use of the Service and for the use of content in connection with the Service under these Terms.
All information the Account Holder provides under these Terms or in connection with the Service is accurate.
After registering the account, the artist and the content under Articles 3 and 4, providing the Company with the required account, artist and content information, paying the fee in the case of a Paid Service, and being reviewed and approved by the Company, the Account Holder entrusts the Company with the following:
Licensing each distribution store to distribute the Artist's content in the store's format, and providing the store with the content data needed for that distribution. When making an entry for any service, the Account Holder must read and accept these Terms before entering.
Where the Company considers it necessary, editing the Artist's materials and information to fit the service conditions of each item of content.
Collecting the Artist's sales revenue from each item of content.
Receiving reports such as sales results for the Artist's content.
The Company may, at its discretion, choose the format of each item of content, enter into contracts with new external services, or terminate contracts with external services it currently uses. The Account Holder will raise no objection to this. The Account Holder accepts that if the Artist's content does not meet a distribution store's conditions, it cannot be distributed, or its distribution will be stopped, in that store.
Chapter 2 Registration
Article 3: Account Registration
Anyone wishing to use the Service must register an account by the method set by the Company and provide the required account information (including, but not limited to, the Account Holder's name, address and contact details). Where the Company considers it necessary, it may ask for an application form and additional documents, and the Account Holder will comply.
The Company may decline to approve an application in any of the following cases:
The applicant's account was previously deleted for breach of these Terms or for another reason.
The applicant already holds an account in the same name (duplicate application).
The application contains false information.
The email address entered in the application cannot be reached.
The applicant is a minor (under 18) without the consent of a parent or other legal guardian.
The applicant or a related party is, or may be, an organised crime group, a member or associate member of one, a person related to one, or any other anti-social force.
The Company otherwise reasonably determines that providing the Service is not appropriate.
If any information the Account Holder has registered with the Company changes, the Account Holder will promptly notify the Company by the method it specifies. The Company is not liable for any disadvantage the Account Holder suffers by failing to do so.
The Account Holder is responsible for strictly managing their account ID and password and bears full responsibility for their use and management. Except where caused by the Company's intent or gross negligence, the Company is not liable for unauthorised use of the Account Holder's account ID or password by a third party.
If the Account Holder wishes to delete their account, they will follow the procedure specified by the Company. If there is an Account Balance, the Company will first guide the Account Holder through the payment procedure.
Dormant accounts
The Company may delete an account that has not been logged into for one year since the last login, after notifying the Account Holder by email in advance.
If there is an Account Balance at the time of that notice, the Company will guide the Account Holder through the payment procedure before deletion.
Even after an account is deleted, the Account Holder's right to claim payment of the Account Balance does not lapse. If the Account Holder requests payment after deletion, the Company will verify their identity and pay in accordance with Article 6.
Once an account is deleted, the Company has no obligation to provide the Service from that point on. Item 3 of the preceding paragraph, however, remains in effect.
Article 4: Artist Registration / Content Release Registration
After registering an account under the preceding Article, the Account Holder will register the artist and register the release of each item of content they want covered by the Service, using the form specified by the Company.
For a Paid Service, the Account Holder will pay the fee set by the Company by credit card when making the registration in the preceding paragraph. No fee is required for a Free Service (including free entries).
Content is distributed through the Service only after the registration in the two preceding paragraphs (and, for a Paid Service, payment), and only if approved after the Company's review. In that case the Company will email the Account Holder a notice that the distribution procedure has started. Distribution cannot be cancelled for any reason once the distribution procedure has started, and fees cannot be refunded after the Company's approval.
The Account Holder accepts that the Company may refuse to approve, register or distribute content that does not meet a distribution store's conditions or that the Company otherwise considers inappropriate.
The distribution period of each item of content is one year, counted from the date the Company sends the notice that the distribution procedure has started. It then renews automatically every year for the same period on the same terms, unless the Account Holder completes the distribution stop procedure under paragraph 7 of this Article.
Details of the fees for Paid Services are as set out on the pricing page of the Company's website.
If the Account Holder does not wish to renew the distribution period, they must complete the Company's distribution stop procedure at least 7 days before the period ends.
As a rule, distribution cannot be stopped before the distribution period ends. If there are unavoidable circumstances, the Account Holder will email the Company asking to stop distribution and follow the Company's instructions. If distribution is stopped before the period ends, fees cannot be refunded for any reason.
Chapter 3 Content and Sales Revenue
Article 5: Content
To promote sales, the Company may let users of each distribution store preview content (songs, etc.) free of charge and may disclose information about it. Registered songs and video content may also be provided free of charge for promotional purposes. This does not apply where a distribution store, under its own conditions, applies for and obtains a licence and pays copyright royalties under the rules of a copyright management organisation (as defined in Article 6, paragraph 3) or its contractors for musical works entrusted to that organisation.
The Account Holder warrants that they are the rightful holder of all copyrights, neighbouring rights, portrait rights and any other rights in the content, or that they have obtained from the rightful holder every licence needed to use the content in connection with the Service. The Account Holder also warrants that the use of the content in connection with the Service does not infringe any third party's copyright, neighbouring rights, portrait rights or any other rights.
If a third party raises an objection or complaint, or claims damages, against the Company or a distribution store in relation to content, the Account Holder will deal with it at their own responsibility and expense and will not cause the Company any loss.
The Account Holder must not register or provide (including by upload) content that contains any of the following:
Content that infringes, or may infringe, a third party's copyright, neighbouring rights, portrait rights or other rights
Content that endorses criminal or illegal acts
Content that is, or may be, contrary to public order and morals
Content containing discriminatory expressions or information considered harmful to minors
Content generated by generative AI in a way that infringes a third party's rights, or generated using a third party's recordings, voice or performances as training data without the rights holder's permission
Any other content the Company considers inappropriate
The Account Holder and the Artist (including their directors, other officers and employees) may use the Service only to distribute and sell the Artist's own content through the Service. Using the Service (including data and know-how obtained through it) for any other purpose, including developing or considering the same or a similar service for anyone other than the Company, is prohibited. Developing, engaging in or using a service that competes with the Service is also prohibited while using the Service and for one year afterwards. Any such act is a breach of these Terms, and the Company may immediately suspend or stop the service or the account, terminate the service contract, or take any other measures it considers necessary. These measures do not prevent the Company from claiming damages.
Article 6: Sales Revenue
"Sales revenue" means the amount the Company actually receives from each service in return for licensing the distribution of content. The Company has no obligation to collect or recover such payment if a service does not pay it voluntarily.
The Company credits the sales revenue from each distribution store to the account and holds it in the Company's bank account until the Account Holder requests payment by the method the Company specifies. The Account Holder accepts that no interest or other return accrues on sales revenue held by the Company. The Company may choose not to credit fractions of less than 1 yen.
Copyright royalties
Where the copyright management of the content is entrusted to the Japanese Society for Rights of Authors, Composers and Publishers (JASRAC) or another copyright management business (a "copyright management organisation"):
When registering the content, the Account Holder will register the required information, such as the name and ID of the copyright management organisation, by the method the Company specifies. The Company is not liable for any loss caused by incomplete or incorrect registered information (for example, royalties not being paid to the rights holder).
For payment of copyright royalties, see Article 5, paragraph 1. The amount of royalties is the amount agreed between the copyright management organisation and each distribution store, and the Account Holder accepts this.
Where the copyright management of the content is not entrusted to a copyright management organisation:
The Account Holder accepts that, as a rule, no copyright royalties are paid for the content, except for royalties on content sold in certain regions or distribution stores specified by the Company, and that sales revenue may be reduced depending on how each distribution store operates.
The Account Holder accepts that no copyright royalties are paid for free previews in distribution stores or for the information disclosed.
Within one month of confirming a payment request from the Account Holder (only where the Account Balance before payment is 10,000 yen (tax included) or more), the Company will pay the amount specified by the Account Holder out of the Account Balance by bank transfer to the bank account the Account Holder has registered in advance by the method the Company specifies. The Account Holder bears the bank transfer fee. If the Company cannot make the transfer because the registered account details are incorrect, the Account Holder bears the bank's fee for returning the transfer.
If the Account Balance is less than 10,000 yen (tax included), it is carried over to the following month or later, and a payment request can be made once it reaches 10,000 yen. No interest or other return accrues on the carried-over balance.
The Account Holder accepts that sold content may be returned in a distribution store at the discretion of the Company or the relevant service. In that case the Company will deduct the returned amount from the Account Balance, and the Account Holder accepts this. Sales and expenses may be offset against each other.
The Account Holder will, at their own responsibility and expense, distribute the sales revenue they receive to the Artist and any other rightful holders. The Company is not responsible for how sales revenue is distributed after it has been paid to the Account Holder.
Article 7: Prohibited Acts (Use of the Service)
The Account Holder must not do any of the following:
Acts that breach these Terms
Acts that breach laws, regulations or ordinances
Acts contrary to public order and morals
Acts that infringe, or may infringe, the copyright, neighbouring rights, portrait rights or any other rights of the Company or a third party
Acts that damage the rights, interests, reputation or credibility of the Company or a third party
Impersonating the Company or a third party
Collecting third parties' personal information
Soliciting for political or religious organisations
Reverse engineering or otherwise analysing the source code or structure of the Service
Acts that interfere with the provision of the Service, such as unauthorised access to its servers or other facilities or sending spam
Using content registered with the Service as training data for generative AI, or providing it to a third party for that purpose, without the rights holder's permission
Any other acts the Company considers inappropriate
If the Account Holder breaches any item of the preceding paragraph, if any ground in Article 3, paragraph 2 is found to apply to the Account Holder, or if the Company determines that either may be the case, the Company may freeze or delete the Account Holder's account, or take any other measures it considers appropriate, without prior notice. If the Company considers an investigation necessary to confirm the facts, it may carry one out, and the Account Holder will cooperate.
Even if an account is frozen or deleted under the preceding paragraph, the Account Holder's right to claim payment of the Account Balance does not lapse. The Company may, however, set off its claim for damages caused by the Account Holder's breach of these Terms against its obligation to pay the Account Balance, up to the equivalent amount.
If the Account Holder breaches any item of paragraph 1 of this Article, they will compensate the Company or third parties for any loss suffered.
Chapter 4 Suspension of the Service, Disclaimers, etc.
Article 8: Suspension and Discontinuation of the Service
The Company may suspend all or part of the Service in any of the following cases, and may freeze accounts at its discretion:
When carrying out maintenance of equipment
In the event of force majeure such as natural disasters
In the event of an accident such as a failure of communication lines
When laws or regulations prevent the Service from being provided
In any other case the Company considers necessary
The Company may discontinue the Service by notifying Account Holders, as a rule, at least three months in advance. In that case the Company may delete accounts after guiding Account Holders with an Account Balance through the payment procedure.
Except where caused by the Company's intent or gross negligence, the Company is not liable for any loss suffered by Account Holders or Artists as a result of the suspension or discontinuation of all or part of the Service.
Article 9: Deletion and Freezing of Accounts
The Company may delete or freeze an account without any notice or demand if any of the following occurs to the Account Holder:
Bankruptcy, civil rehabilitation, corporate reorganisation or special liquidation proceedings are started, or a petition for them is filed (including preparation by the Account Holder to file one)
A resolution for dissolution or liquidation is passed
Payments are suspended, or a clearing house suspends transactions
A petition for provisional attachment, attachment or auction is received
A demand is received for delinquent taxes or public charges, or a preservative attachment is received
A supervisory authority orders a suspension of business or similar measure
The Account Holder is found to be an anti-social force, in breach of the representations and warranties in Article 27
Any other circumstances in which the Company considers it difficult to continue the Service
If any of the events in the preceding paragraph occurs, the Company may also discontinue or suspend all or part of the Service.
In the cases of the two preceding paragraphs, the right to claim payment of the Account Balance is handled as set out in Article 7, paragraph 3.
Except where caused by the Company's intent or gross negligence, the Company is not liable for any loss suffered by Account Holders or Artists as a result of the measures in the preceding paragraphs.
Article 10: Notices and Communications
Any notice or communication from the Company to an Account Holder is sufficiently given by email to the address the Account Holder has registered with the Company by the specified method.
Article 11: Outsourcing
The Company may outsource part of the Service to third parties it selects.
Article 12: Ownership of Rights
All copyrights and other rights in the works, materials, information and other items the Company provides in the Service belong to the Company or the third parties who hold those rights. The Account Holder must not infringe these rights (including by unauthorised copying, modification, distribution or transmission).
Article 13: Confidential Information
The Account Holder must not use any technical or business secrets of the Company or third parties learned while using the Service for any purpose other than using the Service, and must not disclose or leak them to any third party without the Company's prior written consent.
Article 14: Disclaimers and No Warranty
The Company does not warrant that the Service is free of defects, bugs, malfunctions or other flaws, or of destructive components such as computer viruses.
The Company does not warrant the accuracy, reliability, completeness, legality, validity or fitness for purpose of the information it provides in the Service.
Except where caused by the Company's intent or gross negligence, the Company is not liable for any loss suffered by the Account Holder or the Artist from using, or being unable to use, the Service.
Whatever the cause, the Company's liability to the Account Holder and the Artist in connection with the Service is limited to the total fees for the Service relating to that Account Holder, Artist and content that the Company actually received in the year before the cause of liability arose (excluding amounts payable to the Account Holder). If that total is less than 10,000 yen (including where only Free Services are used), the limit is 10,000 yen.
Notwithstanding the preceding paragraph, if the Account Holder is a consumer under the Consumer Contract Act and the Company acted with intent or gross negligence, the liability limit in the preceding paragraph does not apply.
Article 15: Personal Information
The Company handles personal information provided by Account Holders and Artists when using the Service in accordance with the Act on the Protection of Personal Information and the Company's Privacy Policy. Details such as the information collected, purposes of use, provision to third parties (including third parties overseas), outsourcing, security measures and procedures for requesting disclosure are all as set out in the Privacy Policy.
Article 16: No Assignment of Rights and Obligations
The Account Holder must not assign to a third party, or offer as security, their status as Account Holder under these Terms or any of their rights and obligations under these Terms and the Service, in whole or in part.
Chapter 5 Content License Agreement
This Chapter sets out the conditions under which Party B provides and uses Digital Content in the Service, and applies together with Chapters 1 to 4 and Chapter 6.
Article 17: Purpose and Parties of this License Agreement
BRUSH MUSIC Inc. (Party A) and artists and content makers (Party B) will cooperate under the conditions below, and Party A will manage Party B's Digital Content.
In this Chapter, "Party B" means anyone who has registered Digital Content through any entry form of the Service. For entry forms on which the Company requests a signature, the signature given on the form is evidence of agreement to this Chapter. For entry forms on which no signature is requested, ticking the box to agree to these Terms on the form is evidence of agreement to this Chapter.
Article 18: Sales Format of Digital Content
All Digital Content in the Service is sold in a format in which a Member pays the purchase price to buy the right to view it, and is then granted the right to view and the licence to use that content.
Article 19: Copyright and Payment of Royalties
The copyright in Digital Content created by Party B (artists and content makers) belongs to Party B or Party A. As long as Party A uses the content, Party A will handle the copyright clearance and pay copyright royalties to the Japanese Society for Rights of Authors, Composers and Publishers (JASRAC) and NexTone Inc.
Members are granted the right to view and use the content under this Chapter, but may not assign, sublet or transfer the copyright in the content to a third party, or assign or lend any rights to a third party.
Article 20: Conditions of Use
In accordance with this Chapter, Party A grants Members the right to view the content and use the Service. Party A will handle the content exclusively. Content may be provided to third parties for promotional purposes, and its use for promotional activities is free of charge.
As a rule, Party A may not modify the content in any way. Modification is possible only within the scope agreed, and only where Party A has checked with Party B in advance and obtained their consent.
Party B accepts that the sale and use of any Digital Content registered with the Service may be discontinued at the wishes of the rights holders, Party B and Party A.
Article 21: Scope of License
The licence in this Chapter is granted only to Party A. Party A may not assign, lend or sublicense the licensed rights to a third party. Party A may use the content data as it is, or edited within the licensed scope, generally within the scope of the items below, except for use contrary to public order and morals, subletting or assigning the data itself or copies of it, use that leads to a bad reputation or disadvantage for Party B (the author) or Party A, and use that falls under the prohibited acts in the next Article. Use within the Service platform may be made exclusively by Party A.
Holding events, promotional activities, courses, classes, seminars, workshops, lectures and similar using the Digital Content data. Party B provides content for these free of charge.
Providing services in shops using the Digital Content data. Party B provides content for these free of charge.
Use on the web and in printed advertising such as flyers, catalogues, brochures, posters and POP displays for advertising and promotional purposes.
Party A exclusively manages the sale of any specific work produced using the Digital Content data.
Article 22: Prohibited Acts (Use of Digital Content)
Neither Party A nor Party B may do, or risk doing, any of the following:
Using the Digital Content commercially without displaying the specified copyright notice.
Using the data in a way contrary to public order and morals, or for business or activities contrary to public order and morals.
Using it for anything that gives rise to rights such as trademarks or designs.
Use that defames, damages the credibility of, slanders or infringes the rights of the other party, or that otherwise leads, or may lead, to a bad reputation for the other party (including, but not limited to, use arising from Digital Content modified within the agreed scope).
Plagiarising or misappropriating Digital Content, or use that risks doing so, including publishing or announcing content under the name of a third party who is not the true rights holder in a way that misleads people about the author.
Providing Digital Content to a third party, or using it oneself, as training data for generative AI without the rights holder's permission.
In addition to the items in the preceding paragraph, Party B must not do the following without Party A's permission:
Using the Digital Content in a competing business or service, including the following examples:
Running a site that handles digital content, or otherwise distributing it so that unspecified third parties can obtain it
Distributing the content on CDs, DVDs, software or similar
Converting Digital Content data into documents or similar and distributing them
Distributing content in a form that lets end users freely edit the Digital Content data
Reselling, assigning or sublicensing Digital Content, whether for payment or free of charge.
Any other use similar to the above, or that Party A considers inappropriate.
Article 23: Breach of this Chapter
If Party A or Party B breaches this Chapter, the other party may claim compensation for the loss caused by the breach (including reasonable lawyers' fees and investigation costs).
A claim for damages under the preceding paragraph does not prevent termination of the licence under Article 26 or other measures.
Article 24: Content Prices
The prices for the rights to view and use any Digital Content registered with the Service are as shown on the site where the sale price is listed.
Article 25: Payment, Returns, Refunds and Disclaimers
Payment of the purchase price, returns, refunds and disclaimers are governed by Article 4 (Artist Registration / Content Release Registration) and Article 14 (Disclaimers and No Warranty).
Article 26: Termination of Rights of Use
If Party A or Party B breaches any provision of these Terms, the other party may end the licence under these Terms by giving notice with a notice period of up to 14 days.
Even after these Terms end, Article 19 (Copyright and Payment of Royalties), Article 22 (Prohibited Acts), Article 23 (Breach of this Chapter), Article 27 (Exclusion of Anti-Social Forces), Article 30 (Governing Law and Jurisdiction), and Article 3, paragraph 6, item 3 and Article 7, paragraph 3 (right to claim payment of the Account Balance) remain in effect.
Chapter 6 General Provisions
Article 27: Exclusion of Anti-Social Forces
The Company (Party A) and the Account Holder and Artist (Party B) each represent and warrant to the other that their representatives, responsible persons and anyone with substantial control over their management are not, and will not in future be, an organised crime group, a member or associate member of one, a person related to one, or any other anti-social force ("Organised Crime Members, etc."), and that they have no relationship with Organised Crime Members, etc. that deserves social criticism.
If facts contrary to the representations and warranties in the preceding paragraph come to light, the other party may terminate these Terms immediately without any demand. The terminating party is not liable for any loss suffered by the terminated party as a result.
Article 28: Handling of Individual Numbers and Bank Account Information
Individual Numbers (My Number) and bank account information are not collected through entry forms or any other input channel of the Service. They are collected through a separate secure channel after the contract is concluded, subject to the Act on the Use of Numbers to Identify a Specific Individual in Administrative Procedures and other laws.
The Company uses Individual Numbers only to prepare and submit statutory reports under the Income Tax Act and other laws.
Article 29: Changes to these Terms
The Company may change these Terms under Article 548-4 of the Civil Code in either of the following cases:
The change is in the general interest of Account Holders.
The change does not go against the purpose of the contract and is reasonable in light of the need for the change, the appropriateness of the new content, the nature of the change and other circumstances.
When making a change under the preceding paragraph, the Company will announce the new content and its effective date before that date, by posting it on the Company's website for the Service or by another appropriate method.
If the Account Holder uses the Service on or after the effective date of the changed Terms, they are deemed to have agreed to the changed Terms.
Article 30: Governing Law and Jurisdiction
These Terms are governed by and interpreted under the laws of Japan.
If any doubt arises over the interpretation of these Terms, the Company and the Account Holder or Artist will discuss and resolve it in good faith.
The Osaka District Court has exclusive agreed jurisdiction as the court of first instance over all disputes relating to the Service and these Terms.
Article 31: Language
The Japanese text of these Terms is the original. Even if a translation into another language is made for reference, only the Japanese original has effect, and translations have no effect whatsoever.
Signature
All Digital Content entered by Party B is covered. The signature or agreement checkbox given on each BRUSH MUSIC entry form is used as evidence of agreement to these Terms.
Agreement to these Terms is required when registering for free or paid membership.
Business Information and Contact
Business name: BRUSH MUSIC Inc.
Address: Crest Shinsaibashi 402, 4-12-9 Minamisenba, Chuo-ku, Osaka 542-0081, Japan
Representative: Daisuke Inada, Representative Director
Contact: brushmusic@gmail.com
Related policies: Privacy Policy / Notation under the Specified Commercial Transactions Act
Revised and consolidated on 1 August 2026 (established on 1 February 2022)