Artist EPK Terms of Service

1.The Service

Artist EPK is an online platform that helps musicians and artists create, manage and publish electronic press kits ("EPKs").

Depending on your plan, the Service may include features such as artist profiles, release information, uploaded audio, photographs, videos, press releases, stage plots, private media, downloadable media, release scheduling and other artist-promotion tools.

Available features, limits and pricing depend on your current plan.

Features identified as "Coming soon" are not part of the currently available Service and should not be relied upon until they are released.

2.Eligibility And Accounts

You must provide accurate information when creating and maintaining your account.

You are responsible for maintaining the confidentiality of your login credentials and for activity carried out through your account.

You must notify us promptly at support@artistepk.com if you believe your account has been accessed without authorisation.

If you are under 18, you must have permission from a parent or legal guardian to use the Service and enter into these Terms.

You may not create an account using false information, impersonate another person or organisation, or use the Service for unlawful purposes.

3.Plans

Artist EPK may offer Free, Professional, AI Pro and other plans or entitlements.

The features and limits included with each publicly available plan are described on our Pricing page.

Free plans do not require payment.

Paid plans are offered on a recurring subscription basis unless otherwise stated.

Internal, promotional, beta or lifetime-access arrangements may have different conditions and are not necessarily available for public purchase.

4.Paid Subscriptions And Billing

Paid Artist EPK subscriptions are processed through Stripe.

By purchasing a paid subscription, you authorise Stripe and Artist EPK to charge the applicable subscription fees to your selected payment method.

Subscription prices and billing periods are displayed before purchase.

Professional and AI Pro may be offered with monthly and annual billing options.

Unless cancelled, paid subscriptions automatically renew at the end of each billing period at the then-applicable subscription price.

You may cancel your subscription through Artist EPK.

Unless otherwise stated, cancellation takes effect at the end of your current paid billing period. You retain access to your paid plan until that date.

5.Plan Changes

Some subscription changes take effect immediately and others take effect at the end of the current billing period.

Upgrades to a higher plan may take effect immediately. Where applicable, Stripe may charge a prorated amount for the remaining portion of your current billing period. Artist EPK will show the applicable charge, or advise that a prorated charge will apply, before you confirm the change.

Switching from monthly to annual billing may also take effect immediately and may result in a prorated charge.

Downgrades to a lower plan generally take effect at the end of your current paid billing period.

Switching from annual to monthly billing generally takes effect at the end of your current annual billing period.

Where a change is scheduled for later, you retain your existing plan and features until the scheduled change takes effect.

6.Failed Payments

If a recurring payment fails, we may temporarily retain your existing paid access while Stripe attempts to recover payment.

If payment cannot be recovered and the subscription reaches a terminal unpaid or cancelled state, your account may return to the Free plan.

We do not intentionally delete your Artist EPK content solely because your paid subscription ends. However, Free plan limits will apply and some paid features or content may no longer be publicly available or editable until your account is brought within the applicable limits or upgraded again.

7.Refunds And Australian Consumer Law

Except where required by law, subscription fees are generally non-refundable for change of mind or unused time after a billing period has commenced.

Nothing in these Terms excludes, restricts or modifies any consumer guarantee, right or remedy that cannot lawfully be excluded under the Australian Consumer Law or other applicable law.

Where the Australian Consumer Law applies, our services come with guarantees that cannot be excluded. Remedies may include cancellation, refund, re-supply or compensation depending on the circumstances and the nature of the failure.

If you believe you are entitled to a refund or other remedy, contact support@artistepk.com.

8.Your Content

"Your Content" includes text, biographies, photographs, artwork, audio, video, press releases, stage plots, links, metadata and other material that you upload, enter or make available through Artist EPK.

You retain ownership of Your Content.

You grant Artist EPK a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, display and transmit Your Content only to the extent reasonably necessary to operate, secure, improve and provide the Service and to publish EPKs at your direction.

This licence ends when Your Content is deleted from our active systems, subject to reasonable backup, legal and technical retention periods.

Artist EPK does not acquire ownership of your music, photographs, artwork or other creative material merely because you upload it to the Service.

9.Your Responsibility For Content

You are responsible for ensuring that you have all rights, licences, permissions and consents necessary to upload, publish and distribute Your Content through Artist EPK.

You must not upload or publish material that infringes copyright, trade marks, privacy, publicity or other rights of another person.

You must not upload unlawful, fraudulent, defamatory, malicious or harmful material.

If you include material owned by photographers, producers, record labels, collaborators, designers or other third parties, you are responsible for obtaining any permission required to use that material.

We may remove or restrict access to material where we reasonably believe it violates these Terms, applicable law or the rights of another person.

10.Public And Private Content

You control whether an EPK is published or unpublished using the controls provided by the Service.

Published EPKs are intended to be publicly accessible and may be viewed, indexed, shared or saved by third parties.

Do not place information in a published EPK that you do not want made public.

Some paid features may allow certain media to be streamed privately, embargoed or made available through controlled download functionality.

No internet-based security measure can guarantee absolute confidentiality. You should not use Artist EPK to store highly sensitive personal information or material requiring absolute secrecy.

11.Acceptable Use

You must not use Artist EPK to interfere with the Service, bypass access controls or plan limits, gain unauthorised access to systems or accounts, distribute malware, scrape or extract data at unreasonable scale, test vulnerabilities without authorisation, facilitate fraud, or engage in unlawful activity.

You must not attempt to circumvent payment, subscription, storage or entitlement restrictions.

12.Artist EPK Intellectual Property

Except for Your Content and third-party material, Artist EPK and its software, interface, branding, designs, templates, systems, documentation and other materials are owned by or licensed to us.

These Terms give you a limited, revocable, non-transferable right to use the Service for its intended purpose.

They do not transfer ownership of Artist EPK intellectual property to you.

13.Third-Party Services

Artist EPK relies on third-party services to operate parts of the platform.

These may include payment processing, infrastructure, hosting, authentication, email delivery and other technology providers.

Stripe processes subscription payments. Your use of Stripe's services may also be subject to Stripe's terms and privacy practices.

We are not responsible for third-party websites or services that you choose to link from your EPK.

14.Service Availability

We aim to provide a reliable Service, but we do not guarantee uninterrupted or error-free availability.

Maintenance, technical failures, security issues, third-party outages or circumstances outside our reasonable control may temporarily affect availability.

Where practical, we will take reasonable steps to restore the Service.

15.Changes To The Service And Plans

We may improve, update or modify the Service over time.

We may also change plan features, limits or pricing prospectively.

If we make a material adverse change to a paid subscription, we will provide reasonable notice where required and will not remove rights or remedies available to you under applicable law.

Price changes for an existing subscription will not be applied retrospectively to a billing period you have already paid for.

If you do not agree to a future subscription change, you may cancel before the change takes effect.

16.Account Suspension And Termination

You may stop using Artist EPK at any time.

We may suspend or restrict an account where reasonably necessary to address fraud, unlawful activity, serious or repeated breaches of these Terms, security risks, payment issues or harm to the Service or other users.

Where reasonable in the circumstances, we will provide notice and an opportunity to resolve the issue.

We will not use suspension or termination to remove rights or remedies that cannot lawfully be excluded.

17.Warranties And Consumer Rights

Nothing in these Terms excludes statutory rights that cannot legally be excluded.

To the extent permitted by law, Artist EPK is provided on an "as available" basis and we do not guarantee that use of the Service will result in media coverage, industry attention, bookings, streaming growth, commercial success or any particular career outcome.

Artist EPK provides tools for presenting artist information. We do not act as a record label, booking agent, publicist, lawyer, accountant or financial adviser.

18.Liability

To the maximum extent permitted by law, we are not liable for loss that results from circumstances outside our reasonable control, unauthorised actions of users, third-party services, or content uploaded or published by users.

Nothing in these Terms limits liability where doing so would be unlawful, including liability arising under consumer guarantees that cannot be excluded.

Where liability may lawfully be limited, any limitation will be applied only to the extent permitted by applicable law and having regard to the circumstances.

19.Privacy

Our collection and handling of personal information is described in the Artist EPK Privacy Policy.

By using the Service, you acknowledge that your information will be handled as described in that policy.

20.Changes To These Terms

We may update these Terms where reasonably necessary to reflect changes to the Service, law, security requirements or business practices.

If a change materially affects your rights or an existing paid subscription, we will provide reasonable notice where required.

The current version will always be published on artistepk.com.

21.Governing Law

These Terms are governed by the laws of South Australia, Australia and applicable Commonwealth laws of Australia.

Nothing in this clause prevents you from relying on mandatory rights or protections available under the law that applies to you.

22.Contact

Questions about these Terms, billing or your Artist EPK account can be sent to:

Artist EPK

Operated by Joseph Cheek

ABN 95258118383

12b Western Ave, Pasadena, SA,

Australia

Email: support@artistepk.com