EPK Me — Terms of Service

Last Updated: December 17, 2024

1. Agreement to Terms

By accessing or using EPK Me ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.

These Terms constitute a legally binding agreement between you and EPK Me ("we," "us," "our"). We reserve the right to modify these Terms at any time, and such modifications will be effective immediately upon posting. Your continued use of the Service after any modifications indicates your acceptance of the modified Terms.

2. Service Description

EPK Me provides electronic press kit (EPK) creation, hosting, and PDF generation tools for musicians, bands, and artists. The Service includes:

EPK builder and editor tools
Optional hosted EPK pages
PDF export functionality
Integration with third-party platforms (Spotify, YouTube, etc.)
Booking request forms
Analytics (for applicable plans)

The specific features available to you depend on your subscription tier.

3. Eligibility and Account Terms

3.1 Age Requirement

You must be at least eighteen (18) years old to use this Service. By using the Service, you represent and warrant that you are at least 18 years of age.

3.2 Account Registration

To use certain features of the Service, you must register for an account. You agree to:

Provide accurate, current, and complete information during registration
Maintain and promptly update your account information
Maintain the security and confidentiality of your login credentials
Accept responsibility for all activities that occur under your account
Notify us immediately of any unauthorized use of your account

3.3 Account Limits

One person or legal entity may not maintain more than one free account. We reserve the right to remove duplicate accounts without notice.

3.4 Account Termination by You

You may delete your account at any time through your account settings. Upon deletion, your data will be permanently removed in accordance with our data retention policies.

4. Hosting Terms

PLEASE READ THIS SECTION CAREFULLY. IT DEFINES THE NATURE OF OUR HOSTING OBLIGATIONS.

4.1 Service Availability

EPK hosting is provided on an "AS AVAILABLE" basis. We do not guarantee any specific uptime percentage or availability. We reserve the right to modify, suspend, or discontinue hosting services (or any part thereof) at any time, with or without notice. We will make reasonable efforts to provide at least thirty (30) days notice before discontinuing core hosting services, but this is not guaranteed.

4.2 No Perpetual Hosting Guarantee

Purchase of any plan, whether one-time or subscription, does NOT guarantee perpetual or indefinite hosting of your EPK. Hosting duration and availability are subject to:

The terms of your specific plan
Continued operation of the Service
Your compliance with these Terms
Payment of applicable fees

4.3 Free Accounts

Free accounts do not include hosted EPK pages
Free accounts that remain inactive (no login) for more than six (6) months may be archived or deleted without notice
We may discontinue free accounts at any time at our sole discretion

4.4 One-Time Purchase (Starter) Accounts

One-time purchase plans include hosting for the period specified at time of purchase (currently twelve (12) months from purchase date)
After this period, hosting may continue on a courtesy basis, but this is not guaranteed
We reserve the right to archive, unpublish, or require renewal of lapsed accounts with thirty (30) days notice
Courtesy hosting may be terminated at any time

4.5 Subscription (Pro) Accounts

Subscription plans include hosting while the subscription remains active and in good standing
If payment fails, our payment processor will automatically retry over approximately three (3) weeks
If all payment attempts fail, your subscription will be canceled and your EPK will be unpublished
Your data will be retained for ninety (90) days following cancellation, during which you may reactivate your subscription or export your data
After ninety (90) days, your data may be permanently deleted

4.6 Data Export

We provide tools to export your EPK data. You are solely responsible for maintaining your own backups. We strongly recommend regularly exporting your data.

5. User Content

5.1 Your Content

"User Content" means any content you upload, submit, or display through the Service, including but not limited to text, images, photos, audio, video, and links.

5.2 Ownership

You retain all ownership rights in your User Content. We do not claim ownership of any User Content you submit.

5.3 License Grant

By submitting User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely in connection with operating and providing the Service. This license exists only for as long as your content remains on the Service and terminates when you delete your content or account.

5.4 Content Representations

You represent and warrant that:

You own or have the necessary rights, licenses, and permissions to use and authorize us to use your User Content
Your User Content does not infringe, misappropriate, or violate any third party's intellectual property rights, privacy rights, publicity rights, or other legal rights
Your User Content does not contain any material that is defamatory, obscene, illegal, threatening, or otherwise objectionable
Your User Content does not contain viruses, malware, or other harmful code

5.5 Prohibited Content

You may not upload, post, or transmit any User Content that:

Infringes any copyright, trademark, or other intellectual property right
Violates any law or regulation
Is fraudulent, false, misleading, or deceptive
Is defamatory, obscene, pornographic, vulgar, or offensive
Promotes discrimination, hatred, or violence against any individual or group
Contains personal or identifying information about another person without their consent
Contains viruses, malware, or other harmful code
Impersonates any person or entity

5.6 Content Removal

We reserve the right (but have no obligation) to review, refuse, or remove any User Content at our sole discretion, for any reason or no reason, with or without notice.

6. Copyright and DMCA Policy

6.1 Respect for Intellectual Property

We respect the intellectual property rights of others and expect our users to do the same.

6.2 DMCA Takedown Procedure

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Service, please notify our designated copyright agent with the following information:

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 material that is claimed to be infringing, with enough detail for us to locate it
Your contact information (address, telephone number, email address)
A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law
A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or authorized to act on their behalf

Send DMCA notices to us through the contact form on our website or by contacting us at the email address associated with your account correspondence.

6.3 Counter-Notification

If you believe your content was removed by mistake or misidentification, you may submit a counter-notification with:

Your physical or electronic signature
Identification of the material removed and its prior location
A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification
Your name, address, telephone number, and a statement consenting to jurisdiction of the federal court in your district

6.4 Repeat Infringers

We will terminate the accounts of users who are repeat infringers of intellectual property rights.

7. Third-Party Services and Integrations

7.1 Third-Party Platforms

The Service integrates with third-party platforms including but not limited to:

Spotify
YouTube
Instagram
Stripe (payment processing)
Supabase (infrastructure)

7.2 Third-Party Terms

Your use of third-party services is subject to those services' own terms and privacy policies. We are not responsible for the practices of any third-party services.

7.3 No Liability for Third-Party Services

WE ARE NOT RESPONSIBLE OR LIABLE FOR:

The availability or accuracy of third-party services
Any content, data, or information provided by third-party services
Any changes to third-party APIs that affect our Service
Any actions taken by third-party services, including suspension or termination of access
Data loss or service interruption caused by third-party services

7.4 Data Accuracy Disclaimer

Statistics and information pulled from third-party platforms (such as Spotify follower counts, YouTube subscribers, etc.) are provided "as is" from those platforms. We do not guarantee the accuracy, completeness, or timeliness of any data obtained from third-party services. Discrepancies between data shown in our Service and data shown on the original platform are possible and are not our responsibility.

8. Payment Terms

8.1 Pricing

Current pricing is available on our website. Prices are quoted in US Dollars and are subject to change.

8.2 Payment Processing

All payments are processed securely through Stripe. By making a purchase, you also agree to Stripe's terms of service.

8.3 Subscription Billing

Subscription billing occurs on the anniversary of your signup date (monthly or annually, depending on your plan)
You authorize us to charge your payment method on a recurring basis
You are responsible for keeping your payment information current

8.4 Price Changes

We may change our prices at any time. For existing subscribers:

We will provide at least thirty (30) days notice before price changes take effect
Price changes will apply at your next billing cycle after the notice period
If you do not agree to a price change, you may cancel your subscription before it takes effect

8.5 Taxes

Prices may be subject to applicable sales tax, VAT, or other taxes depending on your location. You are responsible for all applicable taxes.

9. Refund Policy

9.1 General Policy

ALL SALES ARE FINAL. One-time purchases and subscription payments are non-refundable except as required by law.

9.2 Subscriptions

You may cancel your subscription at any time. Cancellation will prevent future charges but will not result in a refund of any payments already made. Your access will continue until the end of your current billing period.

9.3 Exceptions

We may, at our sole discretion, offer refunds or credits in exceptional circumstances. Any such refunds are granted on a case-by-case basis and do not establish any precedent or obligation for future refunds.

9.4 Chargebacks

If you initiate a chargeback or payment dispute without first contacting us to resolve the issue, we reserve the right to immediately terminate your account and pursue any available legal remedies.

10. Account Termination

10.1 Termination by You

You may terminate your account at any time by deleting it through your account settings or by contacting us.

10.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the Service at any time, for any reason or no reason, with or without notice. Reasons for termination may include, but are not limited to:

Violation of these Terms
Conduct that we determine is harmful to other users, us, or third parties
Conduct that we determine is fraudulent or illegal
Extended periods of inactivity
Requests by law enforcement or government agencies
Unexpected technical or security issues
Non-payment of fees

10.3 Effect of Termination

Upon termination:

Your right to access and use the Service will immediately cease
Your EPK will be unpublished
We may delete your data after a reasonable retention period (typically 90 days)
Any provisions of these Terms that by their nature should survive termination will survive

10.4 No Liability for Termination

We will not be liable to you or any third party for any termination of your account or access to the Service.

11. Service Modification and Discontinuation

11.1 Service Changes

We reserve the right to modify, update, or discontinue any aspect of the Service at any time without notice. This includes adding or removing features, changing the user interface, and modifying functionality.

11.2 Complete Discontinuation

In the event we discontinue the Service entirely, we will make reasonable efforts to:

Provide at least sixty (60) days notice via email to registered users
Issue prorated refunds to active annual subscription customers for unused months
Provide tools for users to export their EPK data
Keep export functionality available through the notice period

However, these efforts are goals, not guarantees. Circumstances beyond our control may prevent us from fulfilling all of these steps.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY
FITNESS FOR A PARTICULAR PURPOSE
NON-INFRINGEMENT
WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

WE DO NOT WARRANT THAT:

THE SERVICE WILL MEET YOUR REQUIREMENTS
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
THE RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE
ANY ERRORS IN THE SERVICE WILL BE CORRECTED

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

13.1 No Consequential Damages

IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO:

Loss of profits, revenue, or business
Loss of bookings or business opportunities
Loss of data or content
Loss of goodwill or reputation
Cost of procurement of substitute services
Any other intangible losses

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13.2 Liability Cap

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF:

THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR
ONE HUNDRED US DOLLARS ($100)

13.3 Essential Purpose

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13.4 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

14. Indemnification

You agree to indemnify, defend, and hold harmless EPK Me and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

Your use of the Service
Your User Content
Your violation of these Terms
Your violation of any rights of any third party
Your violation of any applicable law or regulation
Any claim that your User Content caused damage to a third party

This indemnification obligation will survive termination of these Terms and your use of the Service.

15. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

15.1 Informal Resolution

Before filing any legal claim, you agree to try to resolve the dispute informally by contacting us. We will try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within sixty (60) days of submission, you or we may proceed to binding arbitration.

15.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Consumer Arbitration Rules.

15.3 Arbitration Procedures

Arbitration will be conducted by a single arbitrator
Arbitration will take place in Kent County, Michigan, or may be conducted remotely
The arbitrator's decision will be final and binding
Judgment on the arbitration award may be entered in any court of competent jurisdiction

15.4 Arbitration Costs

If the value of your claim is $10,000 or less, we will pay all arbitration fees
If the value exceeds $10,000, arbitration fees will be split according to AAA rules
Each party will pay their own attorneys' fees unless the arbitrator awards fees to the prevailing party

15.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to us within thirty (30) days of first accepting these Terms. The notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement.

16. Class Action Waiver

YOU AND EPK ME AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative, class, or collective proceeding.

If this class action waiver is found to be unenforceable, then the entirety of the arbitration agreement shall be null and void, and all disputes will be resolved in court.

17. Governing Law and Jurisdiction

17.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Michigan, United States, without regard to its conflict of law provisions.

17.2 Jurisdiction

For any disputes not subject to arbitration, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Kent County, Michigan.

17.3 Waiver of Jury Trial

TO THE EXTENT PERMITTED BY LAW, YOU AND EPK ME WAIVE ANY RIGHT TO A JURY TRIAL IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.

18. Privacy

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices regarding your personal information.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and us concerning the Service.

19.2 Severability

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

19.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by us.

19.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

19.5 Force Majeure

We shall not be liable for any failure or delay in performing our obligations due to causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

19.6 Notices

We may provide notices to you via email, posting on the Service, or other reasonable means. You may provide notices to us via the contact information below.

19.7 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

20. Contact Information

If you have any questions about these Terms, please contact us through the contact form on our website at epkme.band.

For DMCA notices, please use the same contact form and include "DMCA Notice" in your message.

21. Acknowledgment

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

This document is provided for informational purposes. We recommend consulting with a licensed attorney in your jurisdiction before finalizing any legal documents.