Terms and Conditions

RELEASR. Pty Ltd (ACN: 669 352 318) trading as "RELEASR. Pty Ltd." (Company, we, our etc) publishes, operates and maintains the platforms located at releasr.app and app.releasr.app (together, the Website) and the Database. Through the Website and the Database, the Company provides access to a music industry workflow platform that allows Members to plan, manage, and collaborate on music releases, projects, tasks, assets, and related workflows across every stage of an artist's career (Service).

The Company can be contacted at 154 High St, Preston VIC 3072 or via email at support@releasr.app.

By accessing or using the Company's Services, you agree to be bound by these Terms and Conditions (Terms).

1. Definitions and Interpretation

1.1 Definitions — In these Terms, the following definitions apply:

Access Right has the meaning given to it in clause 13.1;
Account means an account setup by you in order to have a Subscription and to access the Website, Database and the Service;
Artist Account means an Account created for or on behalf of a music artist or act, which may have one or more Authorised Users associated with it, and to which releases, projects, tasks, and assets are attributed;
Authorised User means any individual granted access to an Artist Account or Workspace by the Account Owner, including but not limited to managers, label representatives, producers, and other collaborators;
Account Owner means the User who created an Artist Account and who holds primary responsibility for that Artist Account, including all Authorised Users and Content associated with it;
Company Content has the meaning given to it in clause 13.1;
Content means any audio, text, photos, pictures, graphics, comments and other content, data or information uploaded to, downloaded from or otherwise accessible via the Website and the Database;
Database means the repository of information maintained by RELEASR as part of the Service;
Extension Term means the period of an extension of this agreement of an equal length to the Initial Subscription Term;
Free Tier means a Subscription Tier that provides limited access to the Service at no cost, the features and limitations of which are as described on the Website from time to time;
GST Act means the A New Tax System (Goods and Services Tax) Act 1999 (Cth);
Initial Subscription Term means the first term of Subscription under this Agreement;
User means a person who, having created an Account and subject to compliance with their obligations under these Terms (and, where applicable, payment of the Subscription Fee), is entitled to access the Service at the relevant Subscription Tier;
Subscription Tier means the Subscription Tier selected by a User, including without limitation the Free Tier and any paid Subscription tiers, which determines the features and access the User has to the Services;
User Materials means any material provided by the User to the Company or in the course of using the Service which relates to the User personally and may include information which is personal information;
Permission Level means the role assigned to an Authorised User within an Artist Account or Workspace, which governs the actions that Authorised User may take within the Service. Current Permission Levels are described on the Website and may include Owner, Admin, Editor, Viewer, and Catalogue Access roles;
Preferred Payment Method means the User's payment method which they have selected from the available options;
Subscription means the right of a User to use the Service in accordance with these Terms;
Subscription Fee means the amount payable by a User to access the Service at a paid Subscription Tier as stated on the Website. No Subscription Fee is payable by Users accessing the Service at the Free Tier Subscription Tier;
Tax Invoice has the meaning given to it in the GST Act;
Website means the platforms located at https://releasr.app and https://app.releasr.app;
Workspace means the digital workspace accessible via the Website through which Members can use the Service to collaborate on the production of music and music related products or otherwise interact, including by uploading, downloading, viewing, listening, sharing or storing any Content;
Your Content means any and all audio, text, photos, pictures, graphics, comments and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Website or Database.

2. The Service

2.1 The Service comprises access to and use of the Website and the Database to:

(a) open and operate an Account and/or Workspace;
(b) access, share, accept an invitation to, or otherwise use a Workspace;
(c) upload, download, view, listen, share, or store any Content whatsoever;
(d) interact with other Members;
(e) create and manage releases, projects, tasks, and other workflow items associated with an Artist Account;
(f) invite Authorised Users to an Artist Account or Workspace at designated Permission Levels; and
(g) access any additional features or integrations made available by the Company from time to time.

2.2 The Website and the Database may include advanced features for Users at different Subscription Tiers who have paid a Subscription Fee for access to and use of those features.

2.3 Free Tier Access. Users accessing the Service at the Free Tier Subscription Tier are entitled to access the Service subject to the limitations applicable to that Subscription Tier as described on the Website. The Company reserves the right to modify, restrict, or discontinue the features available under the Free Tier at any time with reasonable notice. Continued use of the Service following any such modification constitutes acceptance of the revised Free Tier terms.

2.4 The Service is not intended for and should not be used by anyone under the age of thirteen years old.

2.5 You acknowledge and agree that the Company is unable to provide the Service to you if you do not have a stable internet connection which will enable you to access the Website, the Database and the Services.

2.6 As part of the provision of the Service you may be provided with documentation, information and access to cloud-based software and tools. The Company does not warrant that any such documentation, information or cloud-based software or tools will work as intended, will be error free or will work on your computer.

3. Compliance with the Terms

3.1 By accessing and using the Website and the Database or otherwise using the Service, you warrant and represent to the Company that you have read and understood these Terms and you agree to comply with these Terms. The Company may change these Terms at its discretion and without notice. By continuing to use the Website, Database or Service you accept, and agree to abide by, those amended Terms. The Terms are binding upon and will insure to the benefit of the parties, their successors and permitted assigns.

3.2 You acknowledge and agree that the Company has the right, in its sole discretion, to terminate your Account or take such other action as we see fit if you breach these Terms.

4. Membership

4.1 How Subscription Works

(a) Being a User entitles you to the Service for the duration of the Subscription Term. Users accessing the Service at the Free Tier Subscription Tier are entitled to access the Service for so long as the Free Tier remains available and the User complies with these Terms.
(b) A User can terminate their Subscription at any time during the Term and, upon termination, will retain access to the Service for the balance of their current Subscription Term.
(c) Unless a User provides the Company with written notice not less than 2 days prior to the expiry of the Initial Subscription Term or any Extension Term (as applicable), each Subscription will automatically renew at the expiry of the Subscription Term for further successive Extension Terms. You acknowledge and expressly authorise the Company to charge the Subscription Fee for each Extension Term.
(d) Upon expiration of the Subscription Term, we may cancel your Account and remove your access to the Service at any time without notice.
(e) Account Owner Responsibility. The Account Owner is responsible for: (i) all activity conducted under their Artist Account, including by Authorised Users; (ii) ensuring that Authorised Users comply with these Terms; and (iii) promptly revoking access for any Authorised User who should no longer have access to the Artist Account or Workspace. The Company is not liable for any loss or damage arising from the actions of Authorised Users invited by the Account Owner.

4.2 How to become a User

(a) Subject to any regulatory obligations placed upon the Company, you will become a User by opening an Account through the Website. Where you select a paid Subscription Tier, your Subscription is additionally conditional upon payment of the applicable Subscription Fee.
(b) To open an Account, you will need to provide: (i) your full name; (ii) email address; (iii) mobile telephone number; and (iv) Preferred Payment Method (for paid Subscription Tiers only).
(c) We may, at any time, accept or reject any application to register an Account for any reason or no reason at all.
(d) Depending upon the Subscription Tier, you will be provided with the Service which corresponds with that Subscription Tier following the acceptance of the registration of your Account and, where applicable, payment of all monies due and owing by you.
(e) Artist Accounts. Where an Account is created as, or subsequently designated as, an Artist Account, the User who created that Account will be the Account Owner. An Account Owner may invite Authorised Users and assign Permission Levels in accordance with the features available at their Subscription Tier.

4.3 Terms of Subscription subject to change

(a) We may at any time, but with prior notice to you, modify the Service, systems associated with the Service, the terms of your Subscription, the Subscription Fee, these Terms or any other policy document of the Company including its Privacy Policy.
(b) Your continued use of the Service following any modification to the Service in accordance with clause 4.3(a) will be deemed an acceptance by you to be bound by the terms of any modification.
(c) In the event you do not agree to any such modification of these Terms you may terminate your Account and Subscription in accordance with these Terms.

4.4 Cooling off

You may terminate your Subscription within 7 days of us accepting you as a User. If you terminate on this basis, all amounts of the Subscription Fee then paid to us will be refunded to you in full. This cooling off right does not apply to Users accessing the Service at the Free Tier Subscription Tier, as no Subscription Fee is payable.

5. Subscription Fee and Payment

5.1 Subscription Fee

(a) The Subscription Fees are as set out on the Website and are subject to change from time-to-time.
(b) The Subscription Fees will vary in accordance with the Subscription Tier of the relevant Subscription.
(c) The Company reserves the right to vary or increase the Subscription Fee in accordance with your use of the Service, including by varying the Subscription Fee based on the amount of Content being stored on the Database by a User at any given time.
(d) The Subscription Fee can include taxes which are payable in Australia.
(e) Unless otherwise specified or agreed, the Subscription Fee must be paid in Australian dollars.
(f) No Subscription Fee applies to the Free Tier. The Company reserves the right to introduce a Subscription Fee for current Free Tier Users upon reasonable notice, following which Members may elect to upgrade to a paid Subscription Tier or terminate their Subscription.

5.2 Payment

(a) Prior to your Account being registered, and you being deemed a User at a paid Subscription Tier, you will be required to pay the amount of the Subscription Fee as stated on the Website and in accordance with the timing and other requirements of these Terms. Free Tier Users are not required to provide payment details unless and until they upgrade to a paid Subscription Tier.
(b) The Subscription Fee for the Service will be fixed for the Initial Subscription Term.
(c) The Subscription Fee for the Service may, at the sole discretion of the Company, increase for each or any Extension Term. If we increase the Subscription Fee during the Subscription Term, we will notify you of the increased Subscription Fee and your continued use of the Service following such notice will be deemed an acceptance by you of the increased Subscription Fee.
(d) On the date that a payment of the Subscription Fee is payable by you, you authorise the Company to charge your Preferred Payment Method for the amount due on that day. You acknowledge and agree that our authority to charge your Preferred Payment Method for each Extension Term automatically continues in full force until and unless your Subscription is terminated in accordance with these Terms.
(e) If at any time there is any amount of the Subscription Fee which is outstanding and overdue for being paid by you, we may cancel, suspend or terminate your access to the Service and your Subscription without further notice to you.

5.3 Payment Methods

(a) We will issue you with a Tax Invoice for the amount payable by you in respect of your Subscription.
(b) We accept payment using your Preferred Payment Method through a third-party payment gateway provider "Stripe". The use of Stripe is subject to any terms and conditions of that service provider.
(c) You may update your Preferred Payment Method at any time.
(d) There may be additional fees associated with your Preferred Payment Method including credit card fees or currency exchange costs (where you pay in a currency other than Australian dollars) and all such costs and fees will be borne by you.
(e) In the event that you have asked us to remember the details of your Preferred Payment Method for your next purchase or subscription, these details are handled by Stripe.

6. Your Use of the Services

(a) You agree to not directly or indirectly use the Website, the Database or the Services to: (i) upload, download, post or transmit any content which is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous or otherwise objectionable; (ii) upload, download, post or transmit any content which infringes the intellectual property rights of any person; (iii) interfere with or disrupt the Service or the servers operating the Service, the Website or the Database; (iv) attempt to gain unauthorised access to any Artist Account, Workspace, or system forming part of the Service; (v) share, transfer, or otherwise make available your Account credentials or access to any third party not authorised by you as an Authorised User; or (vi) use the Service in a manner that could damage, disable, overburden, or impair the Service or interfere with any other User's use of the Service.
(b) The Company may from time-to-time and with the consent of the User (as applicable) provide to the User direct marketing, offers, incentives and other content matched to the User Materials in accordance with applicable privacy laws and the Company's privacy policy.
(c) Beta and Early Access Features. The Company may from time to time make features available in beta or early access form. Such features are provided on an as-is basis and the Company makes no representation as to their fitness for purpose, reliability, or continued availability. Beta features may be withdrawn, modified, or replaced at any time without notice.
(d) Third-Party Integrations. The Service may include or connect to third-party tools, platforms, and services. The Company is not responsible for the availability, content, or practices of any third-party service and your use of such services is governed by their own terms and conditions.

7. Termination

7.1 Termination by us — We may terminate your Subscription:

(a) at any time, for any reason, with immediate effect by sending you notice to your nominated email address;
(b) if you fail to pay when due any amount of the Subscription Fee;
(c) if you otherwise breach your obligations under these Terms; or
(d) if we determine, in our sole discretion, that your use of the Service poses a risk to the security, integrity, or reputation of the Service or to other Members.

7.2 Termination by you — You may terminate your Subscription at any time, for any reason. If you terminate your Subscription, you will continue to be able to access the Website, the Database and the Service for the balance of the then current Subscription Term, whereupon you will cease to be able to access the Website, Database and Service. Users accessing the Service at the Free Tier Subscription Tier who terminate their Subscription will immediately lose access to the Service upon termination.

7.3 Effect of Termination

(a) Termination of your Subscription will have the following effects: (i) your rights to use the Service, including to access any Workspace, will cease upon the relevant date of termination; (ii) your Account will be cancelled; (iii) we are under no obligation to retain or store your data or information relating to our provision of the Service to you unless required by any other law; and (iv) where you are an Account Owner, all Authorised Users associated with your Artist Account will also lose access to the relevant Workspace upon termination of your Subscription.
(b) If your Subscription is terminated by us for convenience under clause 7.1(a), we will refund you within 14 days the amount which represents a pro-rated percentage of the Subscription Fee paid for the then current Subscription Term.
(c) Data Retrieval. Upon termination, you will have a period of 30 days in which to download and export Your Content from the Service. After this period, the Company may delete Your Content from the Database. The Company is not responsible for any loss of Content following this period.

7.4 Suspension for Investigation

(a) In addition to our right to terminate under clause 7.1, we may suspend your access to the Service, including your Account, Artist Account, or Workspace, in whole or in part, where we reasonably suspect that you have breached these Terms or that your conduct or use of the Service otherwise warrants investigation.
(b) We may suspend your access under this clause with or without prior notice to you, and for such period as we consider reasonably necessary to complete our investigation.
(c) Suspension under this clause does not constitute termination of your Subscription. Unless we determine otherwise, your obligation to pay any Subscription Fee continues to accrue during the period of suspension.
(d) Following our investigation, we may reinstate your access, extend the period of suspension, or terminate your Subscription in accordance with clause 7.1.

8. Disclaimer About the Services

8.1 The Company does not warrant that functions contained in the Website content or the Database, such as hyperlinks, will be uninterrupted or error free, that defects will be corrected or the server or servers that makes the Service available are free of viruses, malicious computer code or bugs.

8.2 To the extent permitted by law, all other representations, conditions or warranties, whether based in statute, common law or otherwise are excluded. Liability of the Company, for any breach of a term or condition implied by law is limited at the Company's discretion, to the supply of any service again or the payment for the cost of having any service supplied again.

8.3 Release Management Disclaimer. The Service is a workflow and project management tool and is not intended to replace professional legal, music licensing, distribution, or artist management advice. The Company is not responsible for any missed deadlines, lost commercial opportunities, or errors in release metadata arising from a User's use of or reliance on the Service.

8.4 Cloud Infrastructure. The Service is hosted on third-party cloud infrastructure (referred to in-platform as RELEASR Cloud). The Company does not warrant the availability or performance of such infrastructure and is not liable for any interruptions to the Service caused by third-party infrastructure providers.

9. Your Content

9.1 Your Content is generated, owned and controlled solely by you and not by the Company. The Company does not claim any ownership rights in Your Content and hereby expressly acknowledges and agrees that Your Content remains your sole responsibility.

9.2 The Company may from time-to-time, invite or provide you with means to provide feedback regarding the Website, the Database or the Service, and in such circumstances, any feedback you provide will be deemed non-confidential and the Company shall have the right, but not the obligation, to use such feedback on an unrestricted basis.

9.3 AI Features. Where the Company makes available artificial intelligence or machine learning features as part of the Service, Your Content submitted to or processed by such features will not be used to train or improve AI models operated by or on behalf of the Company without your express consent. The Company will notify you of any AI features that process Your Content and obtain your consent where required by applicable law.

10. Grant of Licence

10.1 To the extent that it is necessary in order for the Company to provide the Service, you grant the Company an irrevocable, non-exclusive, royalty free, perpetual licence to use, publish, distribute and store Your Content on the Website and/or in the Database. This licence does not grant the Company with any right to sell Your Content, the Company is not monetizing Your Content and it does not own Your Content.

10.2 By submitting or uploading Your Content to the Website or the Database in any format, including by uploading Your Content to a Workspace, you also grant a limited licence to other Members in the same Workspace and to operators and users of any other websites, apps and/or platforms to which your Content has been shared or embedded using the Service (Linked Services) to use, copy, download, listen, transmit or otherwise distribute Your Content within the parameters set by you using the Service and subject to copyright, trademark rights or other intellectual property or proprietary rights.

10.3 The licences granted in this section are granted separately with respect to each item of Your Content that you upload to the Website and/or Database. Where Your Content is stored or managed within an Artist Account, the licence granted to other Members extends only to Authorised Users of that Artist Account at the Permission Level assigned to them by the Account Owner.

10.4 Removal of Your Content, except for comments or other contributions that you make on the Website, will automatically result in the deletion of the relevant files from the Company's systems and services, including the Database.

10.5 Licenses with respect to comments or other contributions that you make on the Website will be perpetual and irrevocable and will continue notwithstanding the termination of your Account.

11. Representations and Warranties

11.1 You warrant that you have all necessary rights, licences, consents and permissions necessary in order to use and publish Your Content on the Website and/or Database and via any Linked Services and agree to indemnify the Company against any loss, liability, claim or demand (including legal fees) claimed by any third party arising from a breach of that warranty or these Terms.

11.2 Your Content and the availability and use thereof on the Website and/or the Database does not and will not infringe or violate the rights of any third party, including but without limitation, any intellectual property rights, performers' rights, rights of privacy or publicity, or rights in confidential information.

11.3 You warrant that any information you provide to the Company in connection with your Account, including contact details and payment information, is accurate and current, and you agree to keep such information up to date.

12. Collaboration in Workspaces

12.1 You acknowledge that the Website and Database is created, managed, and administered by the Company and may provide opportunities for Members to communicate and collaborate with other Members. However, the Company is not responsible for, or adopts as a statement of its own, any content posted by other Members, such as comments or other material.

12.2 You recognise that the Company cannot and does not intend to screen communications in advance, nor does it exercise any control in advance whatsoever over the content of the information passing through the Website or the Database submitted by Members.

12.3 Notwithstanding the above, the Company may monitor the content of the Website and Database from time to time and may remove any content it deems to be inappropriate or unacceptable to protect itself and Members.

12.4 Invitations and Access Management. Where you invite an Authorised User to a Workspace or Artist Account, you are responsible for:

(a) ensuring the person you invite is authorised to access the relevant Content;
(b) assigning the correct Permission Level to that Authorised User; and
(c) revoking access promptly when no longer required. The Company is not liable for any loss arising from an Account Owner's failure to properly manage Authorised User access.

12.5 Confidential Information. You acknowledge that Workspaces may contain commercially sensitive information belonging to third parties. You agree to treat any information accessed through a Workspace that is not Your Content as confidential and not to disclose, copy, or use such information outside of the Workspace without the consent of the relevant Account Owner.

13. Company Content

13.1 The Company grants to you a limited, non-exclusive right to access and use the Website, the Database and all other content and materials associated with the Service which are owned by the Company (Company Content) for the purpose of using and enjoying the Service (Access Right). The Access Right ends when your Subscription Term expires, or your Subscription is otherwise terminated in accordance with these Terms.

13.2 You must not copy or reproduce the Company Content or any other element of the Website or Database by any means or in any form without the Company's prior written consent. Requests and inquiries concerning reproduction and rights should be addressed to support@releasr.app.

14. Intellectual Property

14.1 Unless otherwise indicated, the Company owns the Company Content. All rights (including but not limited to intellectual property rights) in the Service, Website, Database and Company Content will remain the property of the Company in all respects.

14.2 You acknowledge that the grant of the Access Right and these Terms do not include any transfer of title or ownership to you of any rights in the Services, Website and the Company Content.

15. Data and Privacy

15.1 The Company's collection, use, storage, and disclosure of personal information is governed by the Company's Privacy Policy, available at releasr.app/privacy. By using the Service, you acknowledge that the collection and handling of your personal information in accordance with the Privacy Policy.

15.2 Sub-Processors. The Company uses third-party service providers (sub-processors) to deliver the Service, including for cloud hosting, payment processing, email delivery, and analytics. A current list of sub-processors is available upon request. By using the Service, you acknowledge that the processing of your data by these sub-processors in accordance with their respective terms.

15.3 Data Retention. The Company retains Your Content and account data for so long as your Account is active and for a period of 30 days following termination of your Subscription, after which it may be permanently deleted. The Company may retain aggregated, de-identified data for longer periods for the purpose of improving the Service.

16. General

16.1 Entire Agreement — These Terms and Conditions, together with the Company's Privacy Policy, set out the entire agreement between you and us in relation to your use of the Website and the Service.

16.2 Waiver and Severability

(a) A party does not waive a right, power or remedy if it fails to exercise or delays in exercising the right, power or remedy. A single or partial exercise of a right, power or remedy does not prevent another or further exercise of that or another right, power or remedy. A waiver of a right, power or remedy must be in writing and signed by the party giving the waiver.
(b) If any part of these terms is held to be invalid, illegal, or unenforceable, that part will be severed and the remaining parts of these terms will continue in force.

16.3 Updates and Amendments

(a) The Company may from time-to-time and at its discretion amend these Terms and Conditions and publish updated Terms and Conditions on the Website. Your continued use of the Website and the Service will be subject to any updated Terms and Conditions.
(b) The Company may discontinue the availability of the Service, change how you may access the Website or the Service or modify, suspend or discontinue your access to the Service or Website without prior notice to you.

16.4 Governing Law — These Terms and Conditions are to be governed by and construed in accordance with the laws of the State of Victoria, Australia. The Website may be accessed from outside Australia.