Subscription Terms of Service
Last updated Oct 23rd, 2023
1. Key Definitions
“Distribution Agreement” means the separate agreement governing the use of Distribution Service, as amended from time to time.
“Distribution Service”means the distribution service under the FAIM Services, provided by us to the Users in accordance with the provisions in these Subscription Terms and the Terms of Service and Distribution Agreement.
“Distribution Term” commences on the date you agree to the Distribution Agreement and access the Distribution Service, and automatically extend and continue unless and until you provide Company at least thirty (30) days’ advance written notice of your desire to terminate the Distribution Agreement, or unless Company sends you written notice of termination at any point.
”Distribution User” means a User using the Distribution Services under FAIM Services.
“FAIM Services”means Website and Family in Music platform and/or other channels that are owned, operated and/or controlled by us and/or each of our affiliates, licensees, agents and assignees. For the avoidance of doubt, “using FAIM Services” shall include accessing and using FAIM Services, including the Website.
“Metadata” means the music metadata, the information relating to an audio file that is used to identify the Recording. This includes, but is not limited to, track title, band or artist name, type of music, label and the year the track was released.
“Payment Provider” means Stripe or similar payment service provider.
“Recordings” means all audio recordings submitted by you in your sole discretion to us by uploading through the Distribution Service during the Distribution Term.
“Related Material” means band’s, artist’s or label’s name, professional name, marketing materials, logos, trade and service marks, trade names, photographs, likenesses, images, biographies or URLs, and all artwork, other intellectual property and/or other similar materials, provided by the Distribution User, that is associated and/or embodied with the Recordings.
“Subscriber”, “Subscription User” means a User who has purchased the Subscription Services.
“Subscription Services” means the services included in the paid Subscription.
“Subscription” or “Subscription Term” commences on the date you agree to the Subscription Terms and access the Subscription Services.
“Subscription Terms” means these Subscription Terms of Service, and their amendments from time to time, governing your use of Subscription Services.
“Third Party Services”, “Third Parties” means third party service providers and/or other external stakeholders of FAIM Services.
“User” or “you” means the individual or legal entity accessing FAIM Services and, to the extent you open an account on behalf of a company, organization, or other entity, then “User” and “you” includes you and that entity and any data subject (from within your organisation) whose personal data is shared with the Company at any time.
”We” or ”us” means Family in Music Ltd (VAT-id FI30035431), a limited liability company based in Espoo, Finland.
These Subscription Terms, collectively with the Terms of Service, apply to your use of Subscription Services, if you purchase a paid Subscription.
Subscription provides you with access to certain features, data, content and services reserved for Subscription Users only. You acknowledge and agree that the features, data, content and services included in the Subscription Services may change from time to time. We are constantly developing the FAIM Services, which may result in adding new features, functionalities, and content or changing or deleting different parts of the existing ones, in whole or in part.
If you make a payment for FAIM Services, the terms and conditions of the Payment Provider will apply in addition to these Subscription Terms. You will receive a confirmation of payment after making a payment. Once the payment has been approved by the Payment Provider, the Subscription Services will be made available to you.
3. Pricing and Payment Terms
The Subscription Services are offered with the option of annual and/or monthly recurring payments. Late payment fees will be applied after 14 days. We reserve the right to modify the pricing of our Subscription Services at any time, but any changes will not affect current Subscriptions periods of our Users. We will inform you of any price changes at least thirty (30) days in advance. Price changes become effective at the start of the next subscription term following the date of the price change. Subject to applicable law, you accept the new prices by continuing to use the Subscription Services after the price change takes effect. If you do not agree to a price change, you can reject the change by terminating your Subscription prior to the price change going into effect.
We may offer discounts on the annual and/or monthly price of our Subscription Services. Discounted prices will be clearly indicated on our website or in promotional materials. Discounts may be subject to certain restrictions or limitations, such as: 1) being only applicable to new subscribers, 2) being only applicable for a limited time period, 3) being only applicable to specific pricing plans, or 4) being only applicable to specific markets. We reserve the right to modify or cancel any discounts at any time without notice.
Unless otherwise indicated, any discount applied during the initial Subscription Term will not carry over to subsequent renewal periods. This means that the discount will only apply for the duration of the first Subscription Term and unless you cancel the Subscription before the end of the initial Subscription Term, you will automatically become a recurring Subscriber and the payment method you provided will automatically be charged the then-current monthly price. If a user cancels or downgrades their Subscription, any unused portion of the discount will be forfeited and will not be applied to future Subscriptions.
5. Payment Methods
We accept most credit cards as a payment method for the Subscription Services. The User is responsible for ensuring that their payment information is accurate and up-to-date. If a payment is declined, we may attempt to process the payment again or contact the User to update their payment information. Users may be charged additional fees by their bank or financial institution for using certain payment methods, and we are not responsible for these fees. We reserve the right to modify the accepted payment methods at any time without notice. Payment processing is handled by a third-party payment processor, and Users may be subject to the terms and conditions of the payment processor when making payments.
Users who are subscribed paid Subscription Services may choose to downgrade to the free tier of FAIM Services at any time by changing their Subscription settings under profile settings. If a User downgrades from the Subscription Services to the free tier, they will lose access to certain features, data, content, and services that are only available to Subscribers, at the end of their active Subscription period.
However, certain features, data, content, or services may continue to be available to the User for a limited period of time after they downgrade to the free tier. This is to ensure continuity of service and avoid disruption of User data or functionality.
The specific features, data, content, or services that will be available to the User after they downgrade to the free tier will be determined by us in our sole discretion. These may be subject to change without notice.
We reserve the right to modify the length of time that certain features, data, content, or services will continue to be available to Users after they downgrade to the free tier, and to modify the specific features, data, content, or services that will be available at any time without notice.
6.1 Distribution Service
Distribution is part of our paid Subscription Services. You may terminate your Distribution Agreement with us and continue to use other parts of the Subscription Services. Downgrading from Subscription Services that include Distribution Service to free tier that does not, you will no longer be able to create and distribute new releases. However, you will retain access to some parts of the Distribution Service for the assets delivered during a prior period of paid Subscription Services. For the avoidance of doubt, Distribution Users who downgrade to the free tier of FAIM Services will still have access to their previously distributed Recordings, Metadata, and Related Material. However, they will not be able to distribute any new releases until they upgrade back to the Subscription Services that include the Distribution Service.
For those Users, who have entered to a Distribution Agreement with us, that agreement will stay in force until the agreement is terminated. Please refer to the Distribution Agreement for more information on data retention and other details related to the downgrade and termination processes.
6.2 Royalty Advances
Royalty advances are provided by one or more Third Parties and are governed by the User’s separate agreement with the Third Party. Any royalty advances paid out to the User during their paid Subscription, as well as under any previous agreements through FAIM Services with our Third Party, will remain valid. The Third Party will recoup the advances from a User’s streaming revenue, as per the agreement, in the normal course of business. However, Users who downgrade to the free tier of FAIM Services will not be eligible to apply for new royalty advances from any Third Party through FAIM Services until they upgrade back to Subscription Services that include royalty advances services.
Upon the expiry of a User’s Subscription, we will notify them of the same. Following the initial Subscription Term, a new term will commence until further notice, and the User may opt to cancel the renewal as per our standard 14-day cancellation policy. This renewal affords the User an uninterrupted access to the full suite of FAIM Services, prevent accidental data loss and providing a seamless user experience while also providing a reasonable timeframe for cancellation. The renewal shall only apply if the User does not cancel their Subscription during the initial Subscription Term or if we do not provide written notice of termination at any time.
8. Cancellation, Refunds and Termination
The general terms and termination rules are outlined in our Terms of Service, which Users should refer to for more information.
Users have the right to cancel their Subscription within 14 days of purchase and expect a refund of the purchase. No reason for cancellation needs to be given by the User. To exercise this right, Users must notify us of their decision to cancel their Subscription by contacting our customer support team.
If a User cancels their Subscription within the 14-day period, we will provide a full refund of any payments made for the Subscription, including any applicable taxes or fees, within 14 days of receiving the User’s notice of cancellation.
If a User cancels their Subscription after the 14-day period, no refund will be provided, and the User will continue to have access to the Subscription Services until the end of the paid Subscription Term.
We reserve the right to terminate a User’s 14-day trial or Subscription if they breach any of the rules set forth in the Terms of Service, the Subscription Terms of Service and the Distribution Agreement or engage in prohibited activities, such as hacking or spamming. If we terminate a User’s 14-day trial or Subscription, the User must immediately stop using FAIM Services, and any outstanding fees or charges will be due and payable. Subject to applicable laws, refunds for already paid Subscription fees will not be provided upon cancellation or termination of a User’s Subscription.
For the avoidance of doubt, in the event that a User requests account deletion and stops using the FAIM Services after the 14-day period, no refunds will be issued for any unused portion of the paid Subscription. Users are responsible for canceling their Subscription before billing date of the next Subscription Term to avoid being charged for the next period.