Last Updated: June 17, 2025
Welcome to Smart Rights!
These Terms of Use (“Terms”) govern your access to and use of our software platform, applications, and related services (collectively, the “Services”), offered by SMART RIGHTS SISTEMAS DE SOFTWARE LTDA., a private legal entity registered under CNPJ (Brazilian company tax ID) No. 27.489.423/0001-73, with its head office in the city of Rio de Janeiro, RJ, Brazil (“Smart Rights,” “SR,” or “we”).
IMPORTANT NOTICE: BY CONTRACTING OUR SERVICES, CREATING AN ACCOUNT, CLICKING “I AGREE,” OR OTHERWISE ACCESSING AND USING THE PLATFORM, YOU (“CLIENT” OR “USER”) DECLARE THAT YOU HAVE READ, UNDERSTOOD, AND FULLY AGREE TO THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT USE OUR SERVICES.
1. The Smart Manager Service
Smart Rights offers a Software as a Service (SaaS) platform called Smart Manager (“Platform”), designed to harmonize music, technology, and royalty flows. Our mission is to assist copyright holders—such as record labels, publishers, distributors, and collective management organizations—to collect, manage, and distribute royalties with speed, transparency, and security.
The Platform consists of a management solution for copyrights, sales, and payments that translates complex reports and consumption data into an intuitive dashboard, offering market intelligence. Through its tools, the Client can consolidate data, manage their catalog of works and sound recordings, analyze performance, and generate payment statements.
2. Registration, Accounts, and Security
2.1. Subscription: Access to the Platform is granted upon subscribing to one of the available plans (e.g., Publisher, Label, Publisher + Label), as per the commercial proposal.
2.2. Client Account: Upon subscription, the Client will be granted access to a main account. The Client is solely responsible for all activities that occur under their account.
2.3. User Creation: The Client may create user accounts for their employees or collaborators, according to the contracted plan. The Client is responsible for managing the access permissions for each user and for ensuring their compliance with these Terms.
2.4. Security of Credentials: The Client and its users are responsible for maintaining the confidentiality of their passwords and access credentials. Smart Rights shall not be liable for any loss or damage resulting from unauthorized access to the Client’s account.
3. Privacy and Data Protection
Smart Rights is committed to protecting your data and acts in compliance with Brazil’s General Data Protection Law (LGPD, Law No. 13.709/2018). For users in the European Union, these principles align with the General Data Protection Regulation (GDPR).
3.1. Data Collected: For the provision of the Services, we collect and process the following types of data:
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Client Registration Data: Company name, tax ID, address, contact email, and phone number.
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User Registration Data: Name, email, and position of collaborators authorized to use the Platform.
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Client Content: All data that the Client uploads to the Platform, including, but not limited to:
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Royalty Reports: Files and payment data received from various sources.
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Catalog Metadata: Information about musical works, sound recordings, products, artists, authors, performers, producers, and their respective shares (splits).
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Audio Files (Masters): Audio files of sound recordings stored for archival and reference purposes.
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Financial Data: Payment information to be distributed to rights holders.
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Platform Usage Data: Audit logs, access records, IP address, browser type, and activities performed within the Platform for security, service improvement, and technical support purposes.
3.2. Purpose of Data Processing: We use the collected data exclusively to:
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Provide, maintain, and improve the contracted Services.
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Process reports and calculate royalties to be distributed.
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Generate analyses, charts, and market intelligence reports.
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Ensure the security of the Platform through audit logs and technologies that guarantee record integrity.
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Offer technical support and training.
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Conduct service-related communications, such as updates and billing.
3.3. Ownership and License of Client Content: The Client retains all ownership rights to their Content. By using the Services, the Client grants Smart Rights a worldwide, non-exclusive, royalty-free, limited license to host, process, analyze, display, and transmit the Client Content, solely for the purpose of operating and providing the Services as described in these Terms.
3.4. Data Subject Rights: The Client and its users, as data subjects, may exercise their rights under applicable law (LGPD/GDPR), such as the right to access, rectification, erasure, or data portability, by contacting our Data Protection Officer at: privacy@smartrights.com.
4. Intellectual Property
4.1. Of Smart Rights: All materials contained on the Platform and the website, including but not limited to software, design, text, graphics, logos (such as “Smart Rights,” “SR”), icons, and the compilation of all content, are the exclusive property of Smart Rights or its licensors and are protected by Brazilian and international copyright and trademark laws.
4.2. Of the Client: As per clause 3.3, the Client retains ownership of their entire catalog, metadata, and reports uploaded to the Platform.
5. Conditions of Use and Restrictions
The Client agrees not to:
a) Use the Services for any unlawful purpose or in a way that violates the rights of third parties.
b) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Platform.
c) Resell, rent, lease, or sublicense the Services to third parties, except in the case of the “Sub-accounts” feature, when contracted.
d) Upload any content to the Platform that is false, inaccurate, unlawful, defamatory, or infringes on the copyrights, trademarks, or patents of third parties. The Client is solely responsible for the legality and accuracy of the content they upload.
6. Limitation of Liability and Disclaimer of Warranties
6.1. The Services are provided “as is.” Smart Rights does not warrant that the Services will be uninterrupted, error-free, or completely secure.
6.2. Smart Rights does not verify the accuracy of the information or royalty reports provided by the Client or third parties. Our responsibility is limited to processing the data provided to us. The responsibility for the accuracy of splits, ownership, and other metadata rests exclusively with the Client.
6.3. In no event shall Smart Rights, its directors, employees, or affiliates be liable for any indirect, consequential, special, or incidental damages, including lost profits, loss of data, or damage to reputation, arising from the use of or inability to use the Services. Our total liability for any claims related to these Terms or the Services shall be limited to the amount paid by the Client in the twelve (12) months preceding the event giving rise to the claim.
7. Term and Termination
7.1. These Terms come into effect on the date of subscription and remain in effect as long as the Client maintains an active subscription.
7.2. The Client may cancel their subscription at any time, in accordance with the commercial conditions of their plan.
7.3. Smart Rights may suspend or terminate the Client’s access to the Services in the event of a material breach of these Terms, including non-payment.
7.4. Upon termination, the Client will have a 30-day period to export their content. After this period, Smart Rights may permanently delete all of the Client’s data from its systems.
8. General Provisions
8.1. Changes to the Terms: We reserve the right to modify these Terms at any time. We will notify Clients of significant changes via email or a notice on the Platform. Continued use of the Services after such notification will constitute acceptance of the new Terms.
8.2. Governing Law and Jurisdiction: These Terms shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil. The parties hereby elect the exclusive jurisdiction of the courts of the City of Rio de Janeiro, State of Rio de Janeiro, Brazil, to settle any disputes arising from this Agreement, waiving any other jurisdiction, however privileged it may be.
8.3. Contact: For any questions about these Terms of Use, please contact us at: comercial@smartrights.com.
