Welcome to Freecords. By accessing or using the Freecords platform, you agree to be bound by these Terms and Conditions. Please read them carefully.
Name: Freecords B.V.
Address:
Herengracht 420
1017 BZ Amsterdam
The Netherlands
The platform is operated, owned, and maintained by Freecords B.V., hereinafter referred to as "Freecords."
- "Platform": Refers to the Freecords app and website, including all services offered therein.
- "User": Any individual accessing or using the Platform.
- "Artist": Any user who uploads music to the Platform.
- "Your Content": Any and all audio, text, photos, pictures, graphics, comments, and other content, data, or information that a User uploads, stores, transmits, submits, exchanges, or makes available via the Platform.
By uploading their music to the Freecords platform, artists grant Freecords a non-exclusive, worldwide, royalty-free license to use their music solely for streaming purposes within the Freecords app.
Freecords shall not sell or grant licenses for the use of artists' music to train artificial intelligence models.
Artists authorize Freecords to explore financial opportunities for the sub-licensing of their music. Freecords will notify the artist and obtain explicit permission before proceeding with any sub-license agreement. In such cases, revenue generated will be split 85% in favor of the artist and 15% in favor of Freecords.
Earnings generated directly from streaming music within the Freecords app, and any related revenues generated solely within this platform, will be shared, with 85% of the revenue allocated to the artist and 15% to Freecords. This does not include revenue from other digital service platforms (DSPs).
Royalties accrued from streams within the Freecords app shall be promptly reflected in the artist's Freecords account balance upon generation. In contrast, royalties from DSPs are allocated in accordance with the terms detailed in the Distribution Terms and Conditions. Artists are eligible to initiate a withdrawal once their accumulated balance reaches a minimum threshold of 50 EUR. Any bank fees or taxes applicable to such withdrawals are the responsibility of the artist and will be deducted from the total royalties payable. Freecords disclaims responsibility for any additional banking fees or taxes imposed on artists in relation to these transactions.
Freecords may offer paid services within the app, for which payments are processed by third-party payment gateways. These payments are subject to the terms and conditions set forth by the respective third-party providers.
Freecords offers an in-app currency known as "Talents," which represents value within the app. Talents can be used for various in-app functionalities and may be redeemed for money, subject to Freecords' policies on redemption.
All digital transactions made for in-app services, including the purchase of Talents, are non-refundable. Users acknowledge that once a transaction is completed, it cannot be reversed.
Terms regarding music distribution services are outlined in a separate document entitled "Terms and Conditions of Use Distribution."
Artists grant Freecords the right to use their music worldwide, without royalty obligations, for promotional purposes only. These rights are revocable at the discretion of the artist.
Freecords is authorized to collect publishing royalties and neighboring rights royalties on behalf of artists, songwriters, composers, or other rights holders. This authorization excludes any royalties received from digital service providers (DSPs) as defined in the separate distribution terms and conditions. Freecords will remit the full amount of these collected royalties to the artists' accounts within 105 days of receipt without charging any fees, ensuring that rights holders retain 100% of the earnings received from collection agencies.
Freecords reviews all content uploaded for the purpose of using the music distribution service. While we do not have the capacity to review all content, we use our best efforts to ensure that copyrights of other parties are not breached or abused. If any disputed rights are found on our platform, the claiming party is free to submit a DMCA/copyright claim request to info@freecords.com.
A valid DMCA/copyright claim request must contain the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Freecords to locate the material.
- Information reasonably sufficient to permit Freecords to contact the complaining party, such as an address, telephone number, and, if available, an email address.
- A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
All content that you upload, store, transmit, submit, exchange, or make available via the Platform ("Your Content") is generated, owned, and controlled solely by you, and not by Freecords. Freecords does not claim any ownership rights in Your Content. You acknowledge and agree that Your Content remains your sole responsibility.
Without limiting the conditions set forth herein, you must not upload, store, distribute, send, transmit, display, perform, make available, or otherwise communicate to the public any Content for which you do not hold the necessary rights. Unauthorized use of copyrighted works within Your Content is prohibited and may result in termination of your access to the Platform and may also lead to legal action or prosecution by the relevant rights holder.
You hereby acknowledge and agree that Freecords (i) stores content and other information at the direction, request, and with the authorization of its users, (ii) acts merely as a passive conduit and/or host for the uploading, storage, and distribution of such content, and (iii) plays no active role and gives no assistance in the presentation or use of the content. You are solely responsible for all of Your Content that you upload, post, or distribute to, on, or through the Platform, and to the extent permissible by law, Freecords excludes all liability with respect to all content (including Your Content) and the activities of its users with respect thereto.
You hereby acknowledge and agree that Freecords cannot and does not review all the content created or uploaded by its users, and neither Freecords nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders has any obligation, and may, but does not undertake or assume any duty to, monitor the Platform for content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.
Freecords and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any content uploaded to the Platform by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of abusive, defamatory, pornographic, or obscene material, or any claims relating to the completeness, accuracy, currency, or reliability of any information provided by users of the Platform. By using the Platform, you irrevocably waive the right to assert any claim with respect to any of the foregoing against Freecords or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, or shareholders.
Freecords grants users a limited, non-exclusive, non-transferable, and revocable license to access and use the Platform solely for personal, non-commercial purposes in accordance with these Terms and Conditions.
Users shall not:
- Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from or within the Platform.
- Use the Platform in any manner that could damage, disable, overburden, or impair the Platform or interfere with any other party's use and enjoyment.
- Use the Platform in a way that infringes or violates the rights of any other party, including but not limited to rights relating to intellectual property, privacy, or publicity.
- Attempt to gain unauthorized access to any part of the Platform, other user accounts, or any services among connected networks.
The Platform is provided "as is" and "as available" without any warranties of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. Freecords does not warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components.
In no event shall Freecords, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
(a) your access to or use of or inability to access or use the Platform;
(b) any conduct or content of any third party on the Platform;
(c) any content obtained from the Platform; and
(d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Freecords has been informed of the possibility of such damage.
Freecords' total liability to you from all causes of action and under all theories of liability will be limited to the amount you have paid Freecords, if any, for the use of the Platform during the twelve months preceding your claim.
Freecords reserves the right to update or amend these Terms and Conditions at its discretion. Users will be notified of any significant changes.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.
For any questions regarding these Terms and Conditions, please contact Freecords at info@freecords.com.