FDBK — Terms of Use

Welcome to FDBK. This Terms of Use agreement (collectively, the “Agreement” or “Terms”) constitutes a legally binding agreement made between you, whether personally or on behalf of an entity (the “User” or “you”), and Etzion Yariv Sam (Registration / Tax No. 182058431), of Dimosthenous 6, Kifisia, Greece (collectively, “FDBK”, the “Company”, “we”, “us” or “our”), concerning your access to and use of the https://fdbk.studio/ website and web application, as well as any related or connected mobile site, application, media form or media channel (collectively, the “Platform” or “Website”).

The Platform provides a music-promotion and label-management service that enables record labels, artists and their authorised representatives to store and organise music releases, distribute pre-release promotional material to DJs, tastemakers, press and other recipients, collect and analyse feedback, and generate marketing materials (collectively, the “Services” or “Company Services”). The Services are described in more detail in Section 3 below.

Please read carefully. You accept and agree to be bound by this Agreement by acknowledging such acceptance during the registration process (where applicable) and by continuing to use the Platform. If you do not agree to abide by this Agreement, do not access or use, or continue to access or use, the Services or the Platform.

1. General

The purpose of this Agreement is to govern the provision and use of the Company Services. FDBK provides tools that allow labels, artists and their representatives to manage their music catalogue and promote their releases to industry recipients. FDBK does not itself select the recipients of any promotional campaign, author the content of any campaign, or endorse any release; the User remains responsible for the content it uploads and the recipients it chooses, as set out in these Terms.

2. Eligible Use of the Platform and its Services

By using the Company Services, you represent and warrant that:

• all registration information you submit is truthful and accurate;
• you will maintain the accuracy of such information;
• you will keep your password confidential and will be responsible for all use of your password and account;
• you are not a minor in the jurisdiction in which you reside, or, if a minor, you have received parental or guardian permission to use this Platform; and
• your use of the Company Services does not violate any applicable law or regulation, including any law relating to marketing communications, privacy and data protection.

You also agree to (a) provide true, accurate, current and complete information about yourself and, where applicable, the label or entity you represent, as prompted by the Platform's registration forms, and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Platform (or any portion thereof).

3. Description of the Services

Subject to these Terms and to your subscription plan, FDBK makes available the following Services. FDBK may add, modify, or discontinue features from time to time:

• Catalogue and release management — uploading, storing and organising music tracks and releases, together with related files such as masters, pre-masters, artwork and marketing assets.
• Promotional campaigns — sending pre-release or release promotional emails, on your behalf and from a sender identity you configure, to recipients you provide or select (“Contacts”), and providing each recipient with a private, tokenised page to listen to, and where permitted download, the promoted material.
• Feedback and analytics — collecting and presenting recipient engagement, feedback, ratings, plays, downloads and support, and generating campaign reports.
• Marketing assets — generating marketing materials such as social-media graphics, press text and testimonial cards derived from your release and from recipient feedback, including through automated and artificial-intelligence-assisted tools.
• Label workspaces — creating and managing one or more label workspaces under a single account, each with its own catalogue, contacts, campaigns and settings.
• Sharing — sharing read-only campaign results and marketing assets with third parties (such as artists) by link or email.

The specific storage capacity, number of workspaces, number of campaigns and features available to you depend on the subscription plan you select, as described in Section 4.

4. Accounts, Registration and Uploading

4.1. To use the Services you must register and create an account. To create an account you will be required to provide information including your name, the label or entity you represent (where applicable), an email address, and a password you choose. You are solely responsible for all activity in your account and agree to keep your credentials confidential and your account information accurate and up to date.

4.2. Submission of incorrect, inaccurate, false or misleading information constitutes a breach of these Terms, in which case we may suspend or terminate your account and refuse any full or partial use of the Platform and Services.

4.3. Content warranties. By uploading any track, master, pre-master, recording, artwork or other content to the Platform (“User Content”), you represent and warrant that: (a) you own, control, or are otherwise fully authorised to store, reproduce and promote such User Content and to grant the licences in these Terms; (b) the User Content is original or duly licensed and does not infringe any third-party rights, including intellectual-property, moral, privacy, publicity or performance rights; (c) the User Content does not violate any applicable law; and (d) you will not upload any content that is illegal, harmful, defamatory, obscene, or that contains any virus or malicious code.

5. Subscriptions, Plans and Fees

5.1. FDBK offers a one-time free trial and one or more paid subscription plans, together with optional add-ons (such as additional workspaces or one-off campaign allowances). The features, limits (including storage, workspaces and campaigns) and prices of each plan are as displayed on the Platform's pricing page and may be updated from time to time.

5.2. Paid plans are billed in advance on a recurring basis through our third-party payment processor. By subscribing, you authorise us and our payment processor to charge the applicable fees to your chosen payment method. Except where required by applicable law, fees are non-refundable.

5.3. If you downgrade or cancel a paid plan, or if your plan otherwise ends, features, workspaces, storage and campaign allowances that exceed your remaining plan may become unavailable or read-only, and content exceeding your storage allowance may be subject to deletion after a reasonable notice period. You are responsible for exporting any data you wish to retain before your plan ends.

5.4. We may change our fees and plans. We will give reasonable notice of any change to the fees applicable to your subscription, which will take effect at your next renewal.

6. User Content and Unreleased Material

6.1. As between you and FDBK, you retain all ownership of, and all intellectual-property rights in, your User Content. You grant FDBK a limited, non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, transmit, adapt (for formatting and asset-generation purposes) and display your User Content solely to the extent necessary to provide and improve the Services to you, including delivering promotional material to the recipients you select.

6.2. You acknowledge that your User Content may include unreleased or confidential material. FDBK stores such material using private storage and access controls and provides recipients with time-limited, tokenised access; however, once a file is made available to a recipient, that recipient's handling of the file is outside FDBK's control. FDBK does not guarantee that recipients will not copy, share or leak material, and you agree that FDBK is not liable for any unauthorised use, distribution or leakage of User Content by recipients or other third parties. You are responsible for deciding which files are made available to recipients.

6.3. You are primarily responsible for maintaining your own copies of your User Content. Although we perform routine backups, we do not warrant that backups will be available or complete, and you waive any claim against FDBK arising from any loss or corruption of User Content, to the fullest extent permitted by law.

7. Contacts, Mailing Lists, Consent and Anti-Spam

7.1. The Services allow you to upload, store and email your own contact lists (“Contacts”). You, and not FDBK, determine who your Contacts are and what messages are sent to them. FDBK provides the tools; you are the sender.

7.2. Consent and lawful sending. You represent and warrant that, for every Contact you upload or to whom you send any communication through the Platform, you have a valid legal basis and, where required, the necessary consent to send that communication, and that you comply with all applicable laws governing electronic marketing and communications, including (as applicable) the EU General Data Protection Regulation (GDPR), the ePrivacy rules, and equivalent laws in the recipient's jurisdiction. You are solely responsible for the content of your communications and for honouring opt-outs.

7.3. Each promotional email sent through the Platform includes an unsubscribe mechanism. An unsubscribe applies to the label workspace from which it was sent. You must not attempt to circumvent unsubscribe requests, and you must not upload or send to Contacts who have withdrawn consent.

7.4. You must not use the Services to send unsolicited bulk email (spam), to send to purchased or scraped lists in violation of applicable law, or to send unlawful, deceptive or harmful content. FDBK may suspend sending, throttle, or terminate accounts that generate excessive bounces, spam complaints or that otherwise threaten the deliverability, reputation or integrity of the Platform or its shared sending infrastructure.

8. Data Protection

8.1. FDBK processes two categories of personal data: (a) personal data about you as an account holder, for which FDBK acts as a controller in accordance with its Privacy Policy; and (b) personal data contained in your Contacts and campaign activity, which FDBK processes on your behalf and on your instructions as a processor, where you are the controller.

8.2. As controller of your Contacts' data, you are responsible for ensuring you have a lawful basis to collect, upload and process that data through the Platform, for providing any required notices to your Contacts, and for responding to their data-subject requests. FDBK will process such data only to provide the Services, will apply appropriate security measures, and will make available a data-processing addendum on request.

8.3. The Platform and its infrastructure providers may process and store data within and outside the European Union. By using the Services, you consent to such processing as described in the Privacy Policy.

9. Automated and AI-Assisted Features

9.1. Certain features analyse audio and generate text, graphics, summaries and recommendations using automated and artificial-intelligence techniques (including detecting tempo and musical key, generating press text, social graphics and testimonial cards, and summarising feedback). Such outputs are provided for convenience only, may be inaccurate or incomplete, and are not professional, legal, commercial or musical advice.

9.2. You are responsible for reviewing, editing and approving any AI-assisted output before you publish, distribute or rely on it, and for ensuring it is accurate and does not infringe any third-party rights. FDBK makes no warranty as to the accuracy, suitability or results of any automated or AI-assisted feature.

10. Third-Party Services

The Platform relies on third-party service providers, including for email delivery, payment processing, cloud storage, and audio and artificial-intelligence processing. Your use of the Services may be subject to those providers' terms. FDBK is not responsible for the acts or omissions of third-party providers, and their availability may affect the availability of the Services.

11. Updates and Changes

In our sole discretion and at any time we may modify, update, add to, delete or discontinue these Terms or any aspect of the Platform and the Services it provides. Such changes will be effective when posted and incorporated into these Terms. Your continued use of the Platform and/or the Services constitutes your acceptance of the updated or modified Terms. It is your responsibility to check regularly for updates or changes.

12. Prohibited Activities

You may not access or use the Platform for any purpose other than that for which the Company makes it available. Prohibited activity includes, but is not limited to:

• attempting to bypass any measures of the Platform designed to prevent or restrict access;
• impersonating another user or person, or using another user's credentials;
• any criminal or tortious activity;
• deciphering, decompiling, disassembling or reverse-engineering any part of the software making up the Platform;
• removing any copyright or proprietary-rights notice from any content;
• using data-mining, robots, scrapers or similar automated tools, or launching any unauthorised script or software against the Platform;
• collecting usernames or email addresses of other users, or of recipients, for the purpose of sending unsolicited communications, or creating accounts by automated means or under false pretences;
• uploading, storing or promoting any music, master, recording, artwork or other content that you do not own or are not authorised to use;
• sending unsolicited bulk communications (spam), sending to recipients without a lawful basis or required consent, or circumventing unsubscribe requests;
• interfering with, disrupting, or creating an undue burden on the Platform or its networks, or on its shared sending or storage infrastructure;
• using the Company Services to compete with the Company or to provide a service bureau to third parties;
• systematic retrieval of data or content to build a collection, database or directory without the Company's written permission; and
• using the Platform in a manner inconsistent with any applicable law or regulation.

13. User Data

The Platform will maintain certain data that you transfer to it for the purpose of performing the Company Services, as well as data relating to your use of the Services. Although we perform regular routine backups, you are primarily responsible for all data that you have transferred or that relates to any activity you have undertaken using the Services. You agree that the Company shall have no liability to you for any loss or corruption of any such data, and you waive any right of action against the Company arising from any such loss or corruption, to the fullest extent permitted by law.

14. Intellectual Property Rights

The content, software, functionality, design, trademarks, service marks and logos of the Platform (“Company Content” and “Marks”) are owned by or licensed to the Company and are protected by intellectual-property laws. The Company's Marks may not be used without the Company's prior written permission. Company Content is provided “as is” for your permitted use of the Services and may not be copied, reproduced, distributed, sold or otherwise exploited except as expressly permitted in these Terms.

Nothing in these Terms transfers ownership of your User Content to FDBK, and nothing transfers ownership of Company Content to you. Marketing assets generated for you through the Services (such as graphics and testimonial cards) incorporate your User Content and your brand assets; as between you and FDBK, you may use such generated assets to promote your own releases, subject to the rights of any third party whose material (including fonts, stock elements or a recipient's name or likeness) may be included.

15. Platform Management

The Company reserves the right, but has no obligation, to: (a) monitor the Platform for violations of this Agreement; (b) take appropriate legal action against anyone who violates this Agreement; (c) refuse, restrict, or disable access to any User Content or account that may violate this Agreement or any Company policy; (d) remove or disable files that are excessive in size or burdensome to the Company's systems; and (e) otherwise manage the Platform to protect the rights and property of the Company and others and to facilitate its proper functioning. FDBK may set and change limits (including storage, workspace, campaign and sending limits) that will be specified on the Platform.

16. Privacy Policy

We care about the privacy of our users. Please review the Company's Privacy Policy. By using the Platform or the Company Services, you consent to the collection, use and processing of personal data as described in the Privacy Policy, including transfer to and processing within and outside the European Union.

17. Term and Termination

This Agreement remains in full force and effect while you use the Platform or are otherwise a user. You may terminate your use at any time by following the instructions in your account settings, if available, or by contacting us using the details below. Without limiting any other provision, the Company reserves the right, in its sole discretion and without notice or liability, to deny access to the Platform and the Company Services to any person for any reason, including for breach of this Agreement or any applicable law, and to suspend or terminate your account and delete your content and information.

On termination, and subject to applicable law and to any retention required for legal or operational reasons, your User Content and account data may be deleted. You are responsible for exporting any data you wish to retain before termination. If the Company terminates or suspends your account, you are prohibited from creating a new account under your name, a fake or borrowed name, or the name of any third party.

18. Corrections

The Platform may contain typographical errors, inaccuracies or omissions, including in relation to service descriptions, pricing and availability. The Company reserves the right to correct any such errors and to change or update information at any time, without prior notice.

19. Disclaimers

You expressly agree that your use of the Platform and Company Services is at your sole risk, and that they are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Company makes no warranty as to the accuracy or completeness of the Platform's content, the results of any automated or AI-assisted feature, the deliverability of any email, or the conduct of any recipient. The Company assumes no liability for (a) errors or inaccuracies of content; (b) personal injury or property damage; (c) unauthorised access to or use of our servers or your data; (d) interruption or cessation of the Services; (e) bugs, viruses or the like transmitted by any third party; or (f) any loss or damage arising from your use of the Platform, including any unauthorised use, distribution or leakage of User Content by recipients or other third parties.

20. Limitation of Liability

Except as expressly provided herein and to the fullest extent permitted by law, neither FDBK nor its suppliers shall be liable to you for any direct, indirect, incidental, special or consequential loss or damage arising in connection with the use of the Platform or the Services, including loss of income, profits, contracts, business, anticipated savings, business opportunity, goodwill or reputation, whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. We are not liable for any failure to perform caused by matters beyond our reasonable control, including acts of God, strikes, and power, system or third-party-service failures.

21. Indemnity

To the extent permitted by law, you agree to defend, indemnify and hold harmless FDBK and its officers, agents, partners, contractors, affiliates, licensors and employees from and against any loss, damage, liability, claim or demand, including reasonable attorneys' fees and expenses, made by any third party arising out of or relating to: (a) your breach of these Terms; (b) your use of the Platform or Services; (c) your User Content, including any claim that it infringes third-party rights or was uploaded or promoted without authorisation; and (d) your Contacts, mailing lists and communications, including any claim that a communication was sent without a lawful basis, required consent, or in breach of any marketing, privacy or anti-spam law. The Company reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify it, and you agree to cooperate with such defence.

22. Governing Law and Jurisdiction

This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by and construed in accordance with the laws of Greece, without regard to conflict-of-laws principles. The courts of Athens, Greece shall have exclusive jurisdiction, except that FDBK may seek injunctive or equitable relief in any competent jurisdiction. Nothing in this Section deprives a consumer of the protection of the mandatory laws of their country of habitual residence.

Questions?

If you have any questions or comments concerning these Terms of Use, please contact us at info@fdbk.studio.

FDBK · Etzion Yariv Sam (Reg. / Tax No. 182058431) · Dimosthenous 6, Kifisia, Greece.