LEGALLY BINDING AGREEMENT

Terms of Service

Effective Date: December 17, 2025 | Last Updated: December 17, 2025

Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Superfans Music Inc. (Canadian federal corporation, doing business as "Superfans"), governing your access to and use of the Superfans platform, website, mobile applications, and all related services (collectively, the "Platform").

By creating an account, uploading content, or accessing any part of the Platform, you agree to be bound by these Terms, our Privacy Policy, DMCA Policy, and Rights Compliance Standards.

⚠️ IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PLATFORM.

1. Platform Services

Superfans provides a comprehensive music ecosystem including:

• AI-powered music production and creation tools
• Global music distribution to 150+ digital service providers (DSPs)
• Streaming, social networking, and community features
• Monetization tools (subscriptions, tips, NFTs, merchandise, sync licensing)
• Live streaming and broadcasting capabilities
• Analytics, royalty management, and business intelligence

Services may be modified, suspended, or discontinued at any time without notice. Superfans is not liable for any such changes.

2. User Accounts & Know Your Customer (KYC)

FUGA-Compliant KYC Requirements

As a FUGA distribution partner, Superfans enforces mandatory Know Your Customer (KYC) vetting for all users who distribute music or monetize content.

Account Registration Requirements:

For Individuals: Full legal name, date of birth, residential address, government-issued photo ID (passport, driver's license, or national ID)
For Businesses: Registered company name, business registration number, incorporation records, tax documentation (EIN/TIN), proof of ownership
Verification: All accounts are screened against global sanction lists and undergo risk assessment
Digital Footprint: Active social media presence and website functionality may be required for enhanced verification

Account Security:

• You are responsible for maintaining the confidentiality of your login credentials
• You must immediately notify us of any unauthorized access or security breach
• Sharing accounts or credentials is strictly prohibited
• We reserve the right to suspend or terminate accounts for suspicious activity

False Identity Submission: Providing false, misleading, or fraudulent information during registration or KYC verification will result in immediate account termination and potential legal action.

3. Content Rights, Licensing & Prohibited Content

MANDATORY RIGHTS WARRANTY

By uploading content, you warrant under penalty of perjury that:

• You own or control 100% of master recording rights
• You own or have exclusive rights to the underlying musical composition and lyrics
• All samples, interpolations, and derivative works are properly cleared with documentation
• All collaborators have provided written authorization
• Artwork and metadata do not infringe third-party intellectual property

Prohibited Content (FUGA Policy Compliance):

Stream Manipulation

Content designed to artificially inflate play counts, including: sped-up/slowed-down versions, minimal delays, short-track abuse, ambient sound fraud, or parasitic content with inaudible audio.

Artificial Streaming

Use of bots, click farms, stream farms, or any automated software to generate plays. Engagement with third-party services that promise guaranteed streams or playlist placement through inorganic means.

Copyright Infringement

Unauthorized covers, remixes, or derivative works. Unlicensed samples. AI content trained on copyrighted material without authorization. Public domain compositions with unlicensed master recordings.

Deceptive Content

AI-generated content mimicking popular artists. Impersonation or misrepresentation. Sound-alike songs or unauthorized tribute tracks. Generic SEO-optimized artist names (e.g., "Sleep Music", "Yoga Sounds").

Metadata Violations

Emojis in titles or artist names. URLs or promotional text in metadata. Unrelated brand logos on artwork. Inconsistent metadata across DSPs. Generic version info or file extensions in titles.

Restricted Content Types

Noise content (white noise, sleep sounds). Blank audio or sound effects for monetization. Spoken word without musical content. Excessive re-delivery of identical content. Functional audio designed to game royalty systems.

License Granted to Superfans:

You grant Superfans a limited, worldwide, non-exclusive, royalty-free, sublicensable license to: (a) host, store, and stream your content on the Platform, (b) distribute to DSPs at your direction, (c) create 30-second preview clips, (d) use metadata for discovery and recommendation algorithms, (e) display artwork in conjunction with your content.

You retain 100% ownership of all copyrights. This license terminates when you delete your content, except for reasonable archival and legal compliance purposes.

4. Artificial Streaming - Zero Tolerance Policy

In compliance with FUGA's Zero-Tolerance Policy and DSP content guidelines (including Spotify, Apple Music, YouTube), Superfans strictly prohibits all forms of artificial streaming.

What Constitutes Artificial Streaming:

• Bot traffic or automated playback software
• Click farms or stream farms
• Paid playlist placement services using bots
• Incentivized listening (pay-per-stream schemes)
• VPN-masked or proxy-based fake engagement
• Repeated looped playback from the same accounts
• Marketing services promising "guaranteed streams"

Penalties for Artificial Streaming:

Immediate Content Removal: Affected tracks removed from all DSPs
Financial Penalties: €10 per track per month (passed through from Spotify), deducted from royalty payments
Royalty Withholding: All pending earnings frozen pending investigation
Account Termination: Permanent ban for repeat violations
Legal Action: Fraud charges and civil liability for damages

See our Artificial Streaming Policy for full details and educational resources.

5. Payments, Subscriptions & Refunds

Platform Tier Subscriptions:

• Paid tiers ($20-$500/month) are billed monthly via Stripe
• Subscriptions auto-renew until cancelled
• Cancellations take effect at the end of the current billing cycle
• No refunds for partial months or unused features
• 14-day money-back guarantee for first-time subscribers (full refund if cancelled within 14 days)

Creator Earnings & Payouts:

• Artists keep 100% of streaming royalties from DSP distribution
• Platform takes 10-20% commission on transactions (tips, PPV, marketplace sales)
• Minimum payout threshold: $50 USD
• Monthly payout processing via Stripe Connect
• Earnings from artificial streaming are not paid out and may be forfeited

Full refund policy available at superfans.app/RefundPolicy

6. Copyright & DMCA Compliance

Superfans complies with the Digital Millennium Copyright Act (17 U.S.C. § 512) and maintains DMCA safe harbor status.

Three-Strike Policy:

Strike 1: Content removed + warning email
Strike 2: 7-day account suspension + copyright education requirement
Strike 3: Permanent account termination + all pending earnings forfeited

To report copyright infringement: dmca@superfansmusic.com

Full DMCA procedures: DMCA Policy

7. Termination

Superfans may suspend or terminate your account immediately, without notice, for:

• Violation of these Terms or any referenced policy
• Copyright infringement (3-strike policy)
• Artificial streaming or fraud
• Failure to complete KYC verification
• Chargebacks or payment disputes
• Harmful, illegal, or offensive content

Upon termination, your right to access the Platform ceases immediately. Pending earnings may be forfeited if termination results from policy violations.

8. Disclaimers & Limitation of Liability

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

Superfans makes no guarantees regarding: streaming performance, playlist placement, revenue generation, DSP approval, content distribution success, or platform uptime.

Maximum Liability: In no event shall Superfans' total liability exceed the amount you paid to Superfans in the 12 months preceding the claim, or $100 USD, whichever is greater.

Superfans is not liable for: third-party service failures (DSPs, payment processors), lost revenue from artificial streaming penalties, content rejection by DSPs, or actions of other users.

9. Governing Law & Dispute Resolution

These Terms are governed by the laws of Canada and the province of Ontario, without regard to conflict of law principles.

Any disputes shall be resolved through binding arbitration in Toronto, Ontario, Canada, under the rules of the Canadian Arbitration Association.

Class Action Waiver: You agree to resolve disputes on an individual basis only. Class actions and representative proceedings are prohibited.

10. Changes to Terms

Superfans reserves the right to modify these Terms at any time. Material changes will be communicated via email or platform notification 30 days before taking effect.

Continued use of the Platform after changes constitute acceptance of the modified Terms.

Contact Information

Legal Entity: Superfans Music Inc. (Canadian federal corporation)

Email: legal@superfansmusic.com

DMCA Agent: dmca@superfansmusic.com

Support: support@superfansmusic.com

Related Policies:Privacy •DMCA •Rights •Streaming •FAQ

Registered in Canada • FUGA Distribution Partner