Terms of Service

Last updated: 13 April 2026

1. Acceptance of Terms

By accessing or using the BLACKNWHITESIX platform (the “Platform”), including our website, mobile applications, and any associated services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (the “Terms”). If you do not agree to these Terms, you must not access or use the Platform.

These Terms constitute a legally binding agreement between you and BLACKNWHITESIX (Pty) Ltd (“BLACKNWHITESIX”, “we”, “us”, or “our”), a company registered in the Republic of South Africa. Your continued use of the Platform following any modifications to these Terms constitutes acceptance of those modifications.

2. Definitions

The following terms have the meanings ascribed to them below whenever they appear in these Terms:

• Artist — any registered user who uploads, publishes, or distributes musical content on the Platform under an active artist subscription.
• Listener — any registered or unregistered user who accesses, streams, or purchases musical content on the Platform.
• Content — all audio files, artwork, metadata, text, and other materials uploaded to or made available through the Platform.
• Platform Fee — BLACKNWHITESIX currently charges a 0% commission on artist sales. Artists retain 100% of their track and album revenue. This policy may be revised in the future with advance notice in accordance with Section 15.
• ZAR — South African Rand, the sole operating currency of the Platform.

3. Eligibility

To register for an account on the Platform, you must be at least 13 years of age. By registering, you represent and warrant that you meet this minimum age requirement.

• Users under the age of 18 are automatically subject to explicit content filtering. This filter cannot be disabled by the minor user and is enforced at the account level.
• To register as an Artist, you must be at least 18 years of age, hold a valid government-issued identity document, and maintain an active artist subscription in good standing.
• We reserve the right to request proof of age or identity at any time and to suspend or terminate accounts that do not meet the eligibility requirements set forth herein.

4. Account Registration

When creating an account, you agree to provide accurate, current, and complete information as prompted by the registration form. You are responsible for maintaining the accuracy of this information and for updating it promptly if it changes.

• You are solely responsible for safeguarding your login credentials. You must not share your password with any third party, and you agree to notify us immediately of any unauthorised access to or use of your account.
• The Platform enforces a maximum of three (3) concurrent device sessions per account. Logging in on a fourth device will automatically terminate the oldest active session.
• We reserve the right to suspend or terminate any account that we reasonably believe has been created with false or misleading information, or that is being used in violation of these Terms.

5. Artist Obligations

As an Artist on the Platform, you represent, warrant, and agree to the following:

5.1 Content Ownership

You own or have obtained all necessary rights, licences, and permissions for every piece of Content you upload. You are solely responsible for ensuring that your Content does not infringe any third-party intellectual property rights, including copyrights, trademarks, and rights of publicity.

5.2 Revenue Splits

Where Content is created collaboratively, you are responsible for configuring accurate revenue split percentages at the time of upload. BLACKNWHITESIX distributes payments strictly according to the splits you define and bears no liability for disputes arising from incorrect or contested allocations among collaborators.

5.3 Content Standards

All Content must comply with our Content Policy. You must not upload Content that is unlawful, defamatory, hateful, sexually exploitative of minors, or otherwise in violation of applicable South African law or these Terms.

5.4 Explicit Content Labelling

You must accurately label any Content that contains explicit language, themes, or imagery using the Platform’s explicit content tag at the time of upload. Failure to label explicit Content may result in content removal or account suspension.

5.5 Identity Verification

Artists must complete identity verification by providing a valid government-issued identity document. Verification is required before you may receive payouts or access certain artist-only features. Identity documents are handled in accordance with our Privacy Policy.

6. Listener Rights

As a Listener on the Platform, you are granted the following rights subject to these Terms:

• Free Tracks — where an Artist makes Content available at no charge, you may stream that Content without payment for as long as it remains available on the Platform.
• Paid Tracks — when you purchase Content, you receive a personal, non-exclusive, non-transferable licence to stream and listen to that Content for personal, non-commercial use only. This licence does not constitute a transfer of ownership of the underlying intellectual property.
• Offline Downloads — purchased Content may be downloaded for offline listening. Offline downloads are cached on your device for a period of thirty (30) days, after which the device must reconnect to the Platform to re-validate the licence.
• No Redistribution — you may not copy, redistribute, re-upload, broadcast, publicly perform, or sublicense any Content obtained through the Platform without the express written permission of the rights holder.

7. Payments

All financial transactions on the Platform are processed by Paystack and denominated exclusively in South African Rand (ZAR).

• Artist Revenue — Artists receive 100% of the sale price for their Content. BLACKNWHITESIX does not deduct a commission or platform fee from artist earnings.
• Processing Fees — payment processing fees of approximately 2.9% (plus applicable fixed charges as determined by Paystack) are borne by the buyer and added at checkout. These fees are paid to the payment processor and are not retained by BLACKNWHITESIX.
• Hold Period — all artist earnings are subject to a seven (7) day hold period from the date of the transaction before they become eligible for withdrawal. This hold period exists to accommodate potential disputes and chargebacks.
• Minimum Withdrawal — the minimum withdrawal amount is R5.00 (five South African Rand). Withdrawal requests below this threshold will not be processed.
• Processing Time — approved withdrawal requests are processed within five (5) business days. Actual receipt of funds may vary depending on your bank or financial institution.
• Chargebacks — if a buyer initiates a chargeback or payment dispute, the corresponding amount will be deducted from the Artist’s available balance. Repeated chargebacks may result in account review or suspension.

8. Subscriptions

Artist subscriptions are available at the following rates:

• Monthly — R200.00 per month
• Annual — R2,000.00 per year (equivalent to approximately R166.67 per month)

Subscriptions automatically renew at the end of each billing period unless cancelled before the renewal date. You may cancel your subscription at any time through your account settings; cancellation takes effect at the end of the current billing period, and you will retain access to artist features until that date.

If your subscription lapses (whether through cancellation, failed payment, or non-renewal), you will no longer be able to upload new Content or access artist-specific features. Existing Content that has already been published will remain available on the Platform, and any accrued earnings will still be eligible for withdrawal subject to standard hold periods.

9. Taxes and VAT

All prices displayed on the Platform are in South African Rand (ZAR) and are inclusive of Value-Added Tax (VAT) where applicable.

• Artists who exceed the mandatory VAT registration threshold of R1,000,000 in taxable supplies within any consecutive twelve-month period are required by South African Revenue Service (SARS) regulations to register as a VAT vendor independently.
• Each Artist is solely responsible for their own tax obligations, including income tax, VAT, and any other applicable levies. We recommend consulting a qualified tax professional to ensure compliance.
• BLACKNWHITESIX will provide annual earnings statements to all Artists, summarising total revenue earned through the Platform during the applicable tax year. These statements are provided for informational purposes and do not constitute tax advice.

For more information, please refer to our VAT & Tax Notice.

10. Content Moderation and Takedowns

BLACKNWHITESIX reserves the right to review, remove, or restrict access to any Content at our sole discretion if we determine, in good faith, that such Content violates these Terms, our Content Policy, or applicable law.

• Where Content that has been purchased is subsequently removed due to a policy violation, we will evaluate each case individually. Purchasers may or may not retain access to the removed Content depending on the nature and severity of the violation. Refund eligibility for removed Content is governed by our Refund Policy.
• Users may report Content that they believe violates our policies or infringes their rights by using the reporting tools available on the Platform. All reports are reviewed by our moderation team, and appropriate action is taken in accordance with our internal review procedures.
• Artists whose Content is removed will receive a notification specifying the reason for removal. Artists may appeal a takedown decision by contacting us at legal@blacknwhitesix.com.

11. Intellectual Property

11.1 Artist-Owned Content

Artists retain full ownership of all intellectual property rights in their Content. Uploading Content to the Platform does not transfer any ownership rights to BLACKNWHITESIX.

11.2 Platform Operating Licence

By uploading Content, you grant BLACKNWHITESIX a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, distribute, display, and perform your Content solely as necessary to operate the Platform and provide its services. This licence includes the right to create format-shifted copies (such as transcoded audio) for technical delivery purposes. This licence terminates when you remove the Content from the Platform or when your account is deleted, subject to reasonable caching and archival periods.

11.3 Trademarks

“BLACKNWHITESIX”, our logo, and all related marks, designs, and slogans are trademarks of BLACKNWHITESIX (Pty) Ltd. You may not use these marks without our prior written permission. All other trademarks appearing on the Platform are the property of their respective owners.

12. Privacy

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, store, and share your personal information. By using the Platform, you consent to the collection and processing of your information as described in the Privacy Policy. We encourage you to read the Privacy Policy carefully before using the Platform.

13. Limitation of Liability

The Platform and all associated services are provided on an “as-is” and “as-available” basis without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

To the maximum extent permitted by applicable South African law, BLACKNWHITESIX, its directors, employees, affiliates, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, arising out of or in connection with your use of or inability to use the Platform.

In no event shall the total aggregate liability of BLACKNWHITESIX for all claims arising out of or relating to these Terms or your use of the Platform exceed the total amount you have paid to BLACKNWHITESIX in the twelve (12) months immediately preceding the event giving rise to the claim.

14. Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

In the event of any dispute, controversy, or claim arising out of or relating to these Terms or the breach, termination, or validity thereof, the parties agree to first attempt to resolve the matter through good-faith negotiation for a period of not less than thirty (30) days from the date written notice of the dispute is delivered.

If the dispute cannot be resolved through negotiation, either party may submit the matter to the jurisdiction of the courts of the Republic of South Africa. Both parties consent to the exclusive jurisdiction and venue of the South African courts for the adjudication of all such disputes.

15. Modifications

We reserve the right to modify these Terms at any time. For material changes — including but not limited to changes affecting pricing, payment terms, liability, or data handling — we will provide at least fourteen (14) days’ advance notice via email to the address associated with your account and/or through a prominent notice on the Platform.

Non-material changes (such as typographical corrections or formatting updates) may be made without prior notice. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the revised Terms.

16. Termination

• By You — you may delete your account at any time through your account settings. Upon deletion, your profile, uploaded Content, and associated data will be removed in accordance with our Privacy Policy and applicable data retention obligations.
• By Us — we may suspend or terminate your account at any time, with or without prior notice, if we reasonably believe that you have violated these Terms, engaged in fraudulent activity, or otherwise acted in a manner detrimental to the Platform, its users, or BLACKNWHITESIX.
• Pending Withdrawals — if your account is terminated (whether by you or by us) and you have a positive balance that has cleared the hold period, we will process the outstanding withdrawal within the standard processing timeframe. Funds subject to an active dispute or chargeback investigation may be withheld pending resolution.

17. Contact

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at:

BLACKNWHITESIX (Pty) Ltd
Email: legal@blacknwhitesix.com
East London, South Africa