Terms of Service

1. The Services

Our 'Services' include use of our websites, such as tryfeed.co and archform.ltd (including all current and future subdomains), our web and mobile applications (including the Feed Platform as described below), and any services that you access or purchase through our websites or applications. Our Services do not include Third-Party Services (as defined below) that you access or use in connection with our Services.

The 'Feed Platform' is a tool to help musicians and creators connect directly with their fans, reach more people, build a sustainable audience and view their online career in one place. The Feed Platform gathers and analyses data on behalf of registered users from a number of sources, including social media and streaming platforms, in order to present insights on audiences, audience engagement and demographics to registered users. In addition, the Feed Platform allows registered users to run social media marketing & advertising campaigns, and to act on the various audience insights.

To make use of the Feed Platform, you will need to have access to at least one social media account on a platform such as Facebook or Instagram. You must be the registered owner of those social media accounts, or an authorised representative of the registered owner. If you are using the Feed Platform on behalf of another party or entity, you represent that you are duly authorised by that party or entity to manage the social media (and, if applicable, streaming) accounts on the owner's behalf.

Our Services are evolving constantly. We may change our Services, for example by changing, adding or removing features at any time, for any reason. We may or may not provide notice of those changes to you. We will not be liable to you or any third party for the modification, price change, suspension or discontinuance of any of our Services and we reserve the right to update, modify or change the Services at any time.

2. Third-Party Services

'Third-Party Services' are external services or products that are not provided by Feed but that you may access or use in connection with your use of our Services. These may include social networks (such as Facebook, Instagram and Twitter) as well as streaming services (such as Spotify, YouTube and Soundcloud).

We access Third-Party Services through the use of various APIs (Application Programming Interfaces), which are made available by the Third-Party Services and subject to standard legal terms between the Third-Party Services and Feed.

To use our Services, you may need accounts with certain Third-Party Services. You hereby permit aF to to exercise any permissions authorised by you in relation to those accounts, which may include allowing the Feed Platform to: access your accounts on Third-Party Services, read and make available insights from those Third-Party Services in relation to your account, create and run digital advertising campaigns through those Third-Party Services and post or upload content to those Third-Party Services.

If you access or purchase a Third-Party Service through our Services, you do so at your own risk. You acknowledge that your use of the Third-Party Service and your relationship with the provider of that Third-Party Service is governed by the terms and conditions and privacy policy of that Third-Party Service, and that aF does not endorse, is not liable for, and makes no representations as to the Third-Party Service, its content, or the manner in which such Third-Party Service uses, stores, or processes your data or content. You understand and acknowledge that aF is not responsible for Third-Party Services and will not be liable to you or any third party for any losses or damages resulting from your use of Third-Party Services or in connection with the integration of such Third-Party Services. You irrevocably waive any claim against aF with respect to such Third Party Services.

You agree to comply at all times with the terms, conditions and privacy policies of Third-Party Services.

Some parts of our Services depend on the availability and functionality of Third-Party Services. If a Third-Party Service changes, discontinues or revokes access to certain features we reserve the right to modify or cease to provide certain functionality of our Services in any way as we see fit.

3. Registration and use of the Services

By accessing or using our Services, you certify that you are at least 16 years of age and have the legal capacity and are legally permitted to use the Services. This Agreement is void where prohibited by law, and the right to access the Service is revoked in such jurisdictions. If you are an authorised representative of another individual or entity, you represent and warrant that you are authorised by that individual or entity to enter into this contract and to bind the relevant individual or entity.

To use certain parts of our Services, you will need to create an account on the Feed Platform. You are responsible for: (i) providing accurate, complete and up-to-date information when registering your account and (ii) for keeping all account or profile information accurate, complete and up-to-date on an ongoing basis. Where you are accessing or using any part of our Services that requires you to pay a fee, you must also keep all payment information accurate, complete and up-to-date.

You are responsible for the security of your account, including keeping your account login details confidential. You must not disclose your account details to any third party. If you suspect your account details have been stolen, misplaced or in any way compromised then you must immediately notify us by email at privacy@tryfeed.co.

You agree that you are responsible and liable for all activity conducted through your account, except in the case of unauthorised use of the account as a direct result of failing(s) of aF.

You shall be responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Services, including, without limitation, hardware, software, and long distance or local telephone and internet service. You shall be responsible for ensuring that such equipment or ancillary services are compatible with our Services.

4. Limitations on use

You agree that you and your authorised representatives will not (i) modify, prepare derivative works of or reverse engineer our Services; (ii) knowingly or negligently use our Services in a way that abuses or disrupts our networks, user accounts, or the Services; (iii) transmit through the Services any harassing, indecent, obscene, fraudulent, or unlawful material; (iv) market, or resell the Services to any third party; (v) use the Services in violation of applicable laws, or regulations; (vi) use the Services to send unauthorized advertising, or spam; (vii) harvest, collect, or gather user data without their consent; or (viii) transmit through the Services any material that may infringe the intellectual property, privacy, or other rights of third parties.

By using our Services, you represent and warrant that you are not a competitor of aF, nor are you using our Services for any purposes that are or could be competitive with aF or the Feed Platform.

5. Fees & payment

Certain features of our Services are premium, paid-for products. By selecting a premium service you agree to pay aF the fees indicated for that service. Such fees are final and non-refundable, and you can find more information on pricing and fees on our website or on the Feed Platform.

You agree that we may take steps to verify whether your payment method is valid, charge your payment card or bill you for all amounts due for your use of the Services, and automatically update your payment card information using software designed to do so in the event your payment card on file is no longer valid. You agree that your debit / credit card information and related personal data may be provided to third parties for payment processing and fraud prevention purposes. We may suspend or terminate your access to our Services if at any time we determine that your payment information is inaccurate or not current, and you are responsible for fees and overdraft charges that we may incur when we charge your card for payment.

We reserve the right to update the price for Services at any time, and price changes will be effective as of your next billing cycle. We will notify you of any price changes by publishing on our website or emailing you.

Payments made through the Feed Platform are processed by Stripe. Stripe's terms and conditions can be found here.

6. Intellectual property rights, Content and data

All content on our website and throughout our Services, including but not limited to text, images, audio, video, graphics, logos, icons and software, is the property of aF and protected by copyright, trademark and/or other applicable laws. All software used for (or provided through) the Services is the property of aF or its software suppliers and protected by copyright, trademark and/or other applicable laws.

You retain your rights regarding any Customer Content you submit, transmit, post or display on or through the Services. You grant us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free license to use, host, run, copy, reproduce, process, adapt, translate, modify, publish, transmit, display and distribute Customer Content (in any formats and media channels now known or developed in the future) for the purposes of providing, supporting, enhancing, and developing our Services.

We take no responsibility for and we do not expressly or implicitly endorse any of your Content.

"Content" means all information and data (such as text, images, photos, videos, audio, graphics and documents) in any format that is uploaded to, downloaded from, transmitted via or appears on our Services. "Customer Content" is Content that you or your authorised users provide to us or upload to our Services, or Content you give us permission to access on Third-Party Services.

We retain the right to collect and use certain data, for any purpose, in aggregated and non-personally identifiable form. This includes usage and statistical data, insights, know-how, information and learnings gained from the use of our Services and Third-Party Services by all users.

7. Termination & cancellation

You may terminate, upgrade or downgrade your account on the Feed Platform at any time by using the applicable processes and procedures given on the Feed Platform and in the Feed web app. Your cancellation is subject to the terms and notice period given on the Feed Platform and any fees paid by you, or to be paid by you, to aF are non-refundable. We may terminate your account or use of our Services for any reason by giving you fourteen (14) days' notice by email to your email address registered on our Services.

If (i) you are in material breach, or we suspect on reasonable grounds that you are in material breach, of any of the provisions in this Agreement or your obligations under any of the Terms, (ii) you have violated applicable laws, regulations or third party rights or your use of the Services has become unlawful, or (iii) we believe in good faith that such action is required to protect the interests of aF, its users or third parties then we reserve the right to terminate your access to all or any part of the Services at any time, with or without notice, effective immediately.

If you terminate your account, you are not entitled to a restoration of your account data or any of your Customer Content and data. If we have terminated your account or restricted your access to the Services, you may not register a new account or access the Services through an account of another user.

All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranties, indemnity and limitations of liability.

8. Disclaimer and limitation of liabilities

We offer our Services "as is" and we do not make any warranties, conditions, representations or guarantees of any kind, whether express, implied, statutory or otherwise, including all express or implied warranties of design, fitness for a particular purpose, title, quality and non-infringement, that our Services will meet your requirements or that our Services will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error-free. You use our Services entirely at your own risk.

We do not recommend or endorse any Third-Party Services.

You agree that we shall not be liable for any loss or damage whatsoever arising from or in any way connected with the Services or your use of or reliance upon any data or information you obtain by means of the Services.

In any event we shall not be liable for any indirect, incidental, consequential, punitive or any other loss including, without limitation, damage for loss of revenue, profits, loss of business, contracts, earnings, reputation, data including any other consequential or pecuniary loss (even where we have been advised of the possibility of such loss or damage).

To the extent aF is found liable for any loss or damage, in any event this will be limited to the total value of fees you have paid to aF over the past 12 months for use of premium, paid-for functionality of our Services.

These limitations and exclusions do not extend to death or personal injury caused by our negligence, or fraud or fraudulent misrepresentation, and only apply to the extent permitted by law. These disclaimers and limitations of liability are without prejudice to any of your statutory rights.

9. Warranties

You represent and warrant that: (i) with respect to all information, data and content you provide to aF, you have the full right and authority to make such provision and to allow aF to use such information to provide the Service, (ii) none of the content transmitted, uploaded or otherwise distributed by aF (or our partners or any third party) through the use of the Services will infringe or otherwise conflict with the rights of any third party.

10. Indemnification

If you breach any of the Terms in this Agreement, you may expose aF to loss. You agree to indemnify and hold harmless aF, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims, actions, suits or proceedings as well as any and all losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of (i) any non-compliance by you with these Terms; (ii) your improper use of the Services and the Feed Platform; and / or (iii) your interaction with any Third-Party Service, including without limitation any losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, or use.

11, General provisions

We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will provide notice of these changes to registered users and will post the updated Terms on our website(s). If you disagree with the updated Terms, you may terminate this Agreement with immediate effect. If you do not terminate the agreement, your continued use of the Services will constitute acceptance of the updated Terms.

No Partnership or agency etc

Nothing in this Agreement, nor your use of our Services, shall be deemed or construed to create a partnership, joint venture, employment or agency relationship between you and us.

Third party rights

This Agreement is for the benefit of the parties, and is not intended to benefit or be enforceable by any third party. The exercise of the parties' rights under the Agreement is not subject to the consent of any third party.

Third party websites

Our website, the Feed Platform or parts of our Services may contain links to external websites or resources owned or operated by third parties. We do not endorse and we are not responsible or liable for the availability or accuracy of such third-party services, or the content, products, or services available from such third-party services.

No waiver

No breach of any provision of this Agreement will be waived except with the express written consent of the party not in breach. No waiver of any breach of any provision of the Agreement shall be construed as a further or continuing waiver of any breach of that provision or any other provision of the Agreement.

No Assignment

You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder except with aF's prior written consent. aF may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion.

Severability

If a provision of this Agreement is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in full effect.

If any unlawful and/or unenforceable provision of this Agreement would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

This Agreement (as amended from time to time), together with any document or materials referenced herein, constitutes the entire agreement between you and us.

English Law

This Agreement shall be governed by English law and shall be subject to the exclusive jurisdiction of the courts of England.

Contact

To get in touch with us regarding these Terms or this Agreement, please email privacy@tryfeed.co.