Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Femo Music ("Femo Music," "we," "us," or "our"), governing your access to and use of the website located at femomusic.com and all associated services, content, features, and tools (collectively, the "Service").

By creating an account, accessing content, or otherwise using the Service in any manner, you represent that (a) you have read, understood, and agree to these Terms, (b) you are at least 13 years of age, and (c) you have the legal authority to enter into this agreement. If you are accessing the Service on behalf of an organization, you represent that you are authorized to bind that organization to these Terms.

We reserve the right to modify these Terms at any time. When we make material changes, we will update the Effective Date at the top of this page and, where practicable, provide notice through the Service or via email to registered users. Your continued use of the Service after any such changes constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Service.

Femo Music is an independent music streaming platform that allows users to discover and stream audio recordings, albums, singles, podcasts, and video content produced by or associated with artists on the platform. The Service also includes the Femo Studio suite of tools, which provides audio processing features including mastering, stem separation, noise reduction, pitch shifting, audio conversion, and acoustic analysis.

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Service.

To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You must immediately notify us at legal@femomusic.com of any unauthorized use of your account or any other security breach.

We reserve the right to suspend or terminate accounts that violate these Terms, are inactive for an extended period, or are associated with fraudulent or abusive activity.

You may not create accounts through automated means, create accounts under false pretenses, or transfer your account to any other person without our prior written consent.

Subject to your compliance with these Terms, Femo Music grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial entertainment purposes.

This license expressly excludes the following unless we grant prior written consent:

• Downloading, copying, reproducing, or distributing any audio or video content from the Service
• Reverse engineering, decompiling, or disassembling any aspect of the Service
• Scraping, crawling, or using automated tools to access the Service or its content
• Framing or embedding Service content on third-party websites without authorization
• Using the Service or its content for commercial purposes, including in advertisements or promotions
• Reselling, sublicensing, or transferring access to the Service

All content streamed through the Service is provided for personal listening only. No ownership rights in any content are transferred to you by virtue of streaming.

All content available on the Service — including but not limited to audio recordings, artwork, logos, text, and software — is the property of Femo Music or its licensors and is protected by applicable copyright, trademark, trade dress, and other intellectual property laws of the United States and New York State.

The Femo Music name, logo, and all related trademarks, service marks, and trade names are the exclusive property of Femo Music. You may not use any Femo Music marks without our prior written permission.

Nothing in these Terms grants you any rights in the Service or its content beyond the limited license described in Section 5.

Some musical works available on the Service may incorporate elements — including interpolations, samples, or compositional references — derived from pre-existing third-party recordings or compositions that are protected by copyright ("Sampled Works"). Where such content has been used without express license from the original rights holder, it is presented on the good-faith basis that such use may qualify as fair use under Section 107 of the United States Copyright Act (17 U.S.C. § 107), which permits limited use of copyrighted material without permission where the use is transformative, non-commercial in nature, does not substitute for the original market, and does not harm the commercial value of the Sampled Work.

IMPORTANT DISCLAIMER: Fair use is a legal defense evaluated case-by-case under a four-factor analysis established by the U.S. Supreme Court. No sampling disclaimer — including this one — constitutes legal clearance or an admission that any particular use qualifies as fair use. Copyright holders who believe their work has been used without authorization and without qualifying as fair use are encouraged to submit a DMCA takedown notice as described in Section 8. Femo Music does not represent or warrant that any use of sampled material on the Service is lawful, and users stream such content at their own risk.

Artists who upload or contribute content to the Service represent and warrant that they hold all necessary rights, licenses, and clearances for such content, or that their use of any third-party material constitutes a lawful fair use. Femo Music shall have no liability for any third-party intellectual property claims arising from content contributed by artists or users.

Femo Music respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512. If you believe that content available through the Service infringes your copyright, you may submit a written notice to our designated DMCA agent containing the following information (as required by 17 U.S.C. § 512(c)(3)):

• A physical or electronic signature of the copyright owner or authorized agent
• Identification of the copyrighted work claimed to have been infringed
• Identification of the allegedly infringing material and its location on the Service (including a URL)
• Your contact information (name, address, telephone number, and email address)
• A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on the owner's behalf

DMCA notices should be sent to: legal@femomusic.com

Upon receipt of a valid DMCA notice, we will promptly remove or disable access to the allegedly infringing content and notify the content provider. We reserve the right to terminate the accounts of users who are repeat infringers in appropriate circumstances, consistent with 17 U.S.C. § 512(i).

If you believe content was removed in error, you may submit a DMCA counter-notification in accordance with 17 U.S.C. § 512(g). Knowingly submitting a false DMCA notice or counter-notification may subject you to liability for damages, including costs and attorneys' fees.

The Femo Studio suite ("Studio Tools") allows registered users to upload audio files for processing. By uploading audio files to the Studio Tools, you represent and warrant that:

• You own or have the lawful right to use and process the uploaded audio content
• Your use of the Studio Tools does not infringe the rights of any third party
• You will not upload content that is unlawful, harmful, or in violation of these Terms

Files uploaded to the Studio Tools may be temporarily stored on our servers for processing purposes. We do not claim ownership of your uploaded audio files. Processed output files are generated for your personal use only and may not be redistributed or used commercially without appropriate rights. Temporary studio files are automatically deleted from our servers after 48 hours. Files saved to your library are retained until you delete them.

The Studio Tools are provided as-is. We make no guarantees as to the quality, accuracy, or fitness for a particular purpose of any processed output.

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation
• Infringe the copyright, trademark, privacy, or other rights of any third party
• Upload, transmit, or distribute malicious code, viruses, or any other harmful software
• Attempt to gain unauthorized access to any portion of the Service or its infrastructure
• Interfere with or disrupt the integrity, performance, or security of the Service
• Use automated bots, scrapers, or other tools to extract data from the Service without authorization
• Harass, abuse, or harm any other user of the Service
• Circumvent any content protection or access control measures
• Misrepresent your identity or affiliation with any person or entity
• Use the Service in any manner that could damage, disable, or overburden our servers or networks

The Service may contain links to third-party websites or services. These links are provided for convenience only. Femo Music has no control over the content, policies, or practices of third-party sites and is not responsible for their content or their handling of your data. Accessing third-party sites is at your own risk.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND AVAILABILITY. FEMO MUSIC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

WE DO NOT WARRANT OR REPRESENT THAT ANY CONTENT ON THE SERVICE IS ACCURATE, COMPLETE, RELIABLE, CURRENT, OR FREE OF ERRORS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you to the extent prohibited by applicable New York or federal law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FEMO MUSIC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL FEMO MUSIC'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO FEMO MUSIC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under New York State law or applicable federal law.

You agree to indemnify, defend, and hold harmless Femo Music and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the Service, (b) your violation of these Terms, (c) your violation of any third-party right, including any intellectual property or privacy right, or (d) any content you upload, submit, or transmit through the Service. We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you.

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict-of-law principles, consistent with New York General Obligations Law § 5-1401. Any legal action or proceeding arising under or relating to these Terms or the Service shall be brought exclusively in the state or federal courts located in New York County, New York, and you hereby consent to personal jurisdiction and venue in such courts.

Before initiating formal legal proceedings, you agree to first contact us at legal@femomusic.com and attempt to resolve any dispute informally. We will attempt to resolve the dispute through good-faith negotiation within thirty (30) days of receiving your written notice.

If informal resolution is unsuccessful, disputes shall be resolved in accordance with Section 15. Nothing in this section limits either party's right to seek injunctive or other equitable relief in any court of competent jurisdiction.

Severability: If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Femo Music regarding the Service and supersede all prior agreements.

Waiver: Failure by Femo Music to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

If you have any questions, concerns, or requests regarding these Terms, please contact us at: