EVEN LABS INC.

Before the legal language, here’s what matters.

If you’re a fan:

EVEN lets you buy music, merch, and experiences directly from artists you love. You’ll need an account, and you must be at least thirteen (13) years old (or older depending on where you live). If you’re under eighteen (18) years old, a parent or guardian needs to say it’s okay and fill out this form.

When you buy a Release, you get access to stream the music and, if the artist allows it, download it with the full track info (title, artist, album art - everything). The music is yours to enjoy, but it’s a license to listen, not ownership of the underlying songs. Downloads are for your personal use only - please don’t redistribute them.

Memberships renew monthly. You can cancel anytime and you’ll keep access through the end of your billing period. Gifts are non-refundable once delivered.

Artists may message you by email or text if you opted in. You can always opt out - reply STOP to any text or click Unsubscribe in any email.

If there’s ever a dispute, it goes to arbitration rather than court, and you agree not to join a class action. We know that sounds serious - it’s standard for platforms like ours, and we’ve tried to make it fair.

We care about your privacy. See our Privacy Policy for the full picture.

If you’re an artist or label:

EVEN takes twenty percent (20%) on digital sales, fifteen percent (15%) on Memberships, and five percent (5%) on merch (plus payment processing fees on merch only). After our cut, the rest goes to you. How you split revenue with your collaborators, label, or distributor is between you and them - EVEN doesn’t get involved.

You set your own prices, as long as it’s over $0.99, and control whether fans can download your music and decide what content fans get access to. You’re responsible for your content, your metadata, deliverance of physical items, logistics for live and online events, experiences you offer, and any messages you send fans through Fan Connect.

EVEN holds performance rights licenses in the U.S. with ASCAP, BMI, SESAC, and GMR, plus a mechanical license with the MLC. If you’re operating outside the U.S., you’re responsible for having your own publishing rights in order and licensing us to host your release.

EVEN reports all sales to Luminate daily. If you want your release to be eligible for Billboard charts, it needs to meet certain pricing and validation requirements - we’ll walk you through it in Backstage.

Payments go through Stripe Connect - set it up as soon as you can. Unclaimed funds are held for 24 months.

If you’re a label, you must have real, documented relationships with every artist on your roster. We take that seriously.

That’s the short version. The full terms follow below.

This summary is provided for your convenience and is not a substitute for reading the full Terms of Use.

PART I  -  FOR EVERYONE

Sections 1–12 apply to all users of EVEN, including fans, artists, and labels.

1. ABOUT EVEN

1.1. EVEN Labs, Inc. (“EVEN,” “we,” “us,” or “our”) operates a platform accessible at even.biz and via mobile applications (collectively, the “Site”) that enables artists, record labels, distributors, and other music industry participants (“Licensors”) to offer their musical content, merchandise, experiences, and other products for access or sale directly to fans. The Site also facilitates tools for community engagement, marketing, and fan communication.

1.2. Key Product Definitions

Release. A Release is a product created by a Licensor and made available on the Site. Releases may include digital music (audio files for download or streaming), physical goods (such as vinyl, CDs, cassettes or merchandise), access passes, exclusive content, and other items designated by the Licensor.

Holder – a holder is a person who purchases access to a Release.

Memberships. Memberships are recurring monthly subscription products through which a Holder can gain ongoing access to exclusive content, community features, and other benefits as determined by a Licensor. Memberships are billed monthly at the price set by the Licensor. Subscribers may cancel at any time through their account settings, and cancellation takes effect at the end of the current billing period. No refunds are issued for partial billing periods.

Event Releases. Event Releases grant Holders access to virtual or in-person events organized by or on behalf of the Licensor. EVEN provides the platform for selling Event Releases, but is not responsible for event organization, production, safety, or fulfillment.

Fan Connect. Fan Connect is a suite of marketing and communication tools enabling Licensors to reach fans via email and SMS. Fan Connect includes audience management, contact import, and fan capture landing pages.

Link Pages. Link Pages are customizable landing pages Licensors use to collect personal data from fans (names, emails, phone numbers).

Community Chat. Community Chat provides threaded discussion visible to all Holders of the applicable Release and to the Licensor. EVEN does not monitor or moderate Community Chat but reserves the right to remove messages and restrict access for violations.

Gifting. You may purchase a Release as gifts for others. By providing a recipient’s email, you represent that you have their permission and that they meet the minimum age requirement. Gifts are non-refundable once delivered. Unclaimed gifts expire after ninety (90) days.

Downloads. If a Licensor enables downloads for a Release, Holders may download audio files with embedded metadata (track title, artist name, album title, track number, genre, artwork). Downloads are for personal, non-commercial use only.

AI-Generated Content. means any audio recording in which the primary creative elements — including but not limited to melody, lyrics, vocals, or instrumentation — were substantially created by an artificial intelligence system, generative model, or automated composition tool, rather than by a human performer or composer.

This includes, without limitation, content produced using text-to-audio generators, AI vocal synthesis tools, AI composition platforms, or any similar technology where the core musical output is machine-generated.

Chargebacks: A chargeback occurs when a customer disputes a transaction directly with their bank or credit card issuer, resulting in the reversal of the original payment. Chargebacks may be initiated for reasons including, but not limited to, unauthorized transactions, billing errors, or dissatisfaction with a purchase.

Merchandise or Physical Access

1.3. How Transactions Work

When you buy a Release or subscribe to a Membership: (i) that transaction is a contract between you and the relevant Licensor; (ii) the Licensor is the seller of record; and (iii) the Licensor is responsible for all aspects of the sale, provision, and delivery of the Release, Membership, or Event Release and any associated content or merchandise.

1.4. Release Period

The period during which Holders may access, stream, and/or download Licensor Content is determined by the Licensor for each Release (the “Release Period”). Before purchase, the Site will inform you of the Release Period start date and minimum length. EVEN requires each Release to have a minimum 30-day Release Period. The Licensor may extend access beyond the minimum period but is not required to.

1.5. Ownership

When you purchase a Release, you do not own the Licensor Content (the underlying sound recordings or musical compositions). You are granted a license to stream, listen to or experience the content as designated by the Licensor/Artist for the Release Period. You own any physical merchandise received in connection with the purchase.  For Memberships, access to content and benefits lasts only while the subscription is active. For Event Releases, Holders receive a license to attend the event subject to the Licensor’s terms.

2. ELIGIBILITY AND YOUR ACCOUNT

2.1. Accepting These Terms

By clicking “I Accept,” completing account registration, or using the Services, you accept these Terms of Use. You agree that your act serves as an electronic signature with the same force as a manual signature.

2.2. Minimum Age

By using the platform, you represent and warrant that you are at least 18 years old or you are age thirteen or under and have obtained permission from a parent or legal guardian to use the platform by having them fill out this form.

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Account Types. The platform supports two types of Licensor accounts:

Artist Accounts: for individual creators or performing artists.

Label Accounts: for record labels, distributors, management companies, and other entities managing multiple artists. Label Accounts are subject to the additional requirements in Part II, Section 20.

2.4. Changes to These Terms

EVEN may modify these Terms at any time. By continuing to use the Services after changes take effect, you accept the revised Terms.

Language. These Terms are drafted in English. Translations may be provided for convenience; the English version controls in the event of any conflict.

2.5. Account and Data Deletion

You may request deletion of your account and associated personal data by contacting support@even.biz. Certain data may be retained as required by law or for fraud protection. Please see our Privacy Policy.

3. PRIVACY AND COMMUNICATIONS

3.1. Privacy

Our Privacy Policy explains how we collect, use, share, and protect your personal information. By using the Services, you agree to our collection and use of your information as described in the Privacy Policy.

3.2. Transactional Communications

By making a purchase, you consent to receive transactional communications (purchase confirmations, account notifications, service announcements) via email and, if you provide a phone number, via SMS. Message frequency may vary. Messaging and data rates apply. You may opt out at any time by clicking Unsubscribe or replying STOP to any SMS.

3.3. Artist, Label and EVEN Communications

By providing your mobile number or email address and opting-in, you expressly consent to receive automated marketing, promotional and informational text messages and communications from EVEN or the Licensor at the email address and phone number you provide.  These messages may be sent using an automatic telephone dialing system or other automated technology. Message frequency may vary. Message and data rates may apply. Consent is not a condition of purchase. You may opt out of text messages at any time by replying STOP or request assistance by replying HELP. You may unsubscribe from marketing emails at any time by using the unsubscribe link.

4. PURCHASES AND PAYMENTS

4.1. Fees

By buying a Release or subscribing to a Membership, you agree to pay all applicable fees displayed before purchase. You will see a breakdown of fees and any applicable taxes before completing your transaction. All transactions are non-refundable, except as expressly provided below or as required by applicable law.

4.2. Membership Billing

Memberships are billed monthly. By subscribing to a Membership, you authorize recurring charges to your payment method until you cancel. Cancel anytime through your account settings. Cancellation takes effect at the end of the current billing period. EVEN provides no pro-rated refunds for partial periods. If payment is declined, access may be suspended. Price increases require thirty (30) days’ notice and take effect at the start of the next billing period.

4.3. Content Discontinuation

If access to purchased Content is permanently discontinued within thirty (30) days of purchase due to circumstances within our control, you may be eligible for a refund, as determined at our sole discretion. Any refund request must be submitted to Support@Even.biz within fourteen (14) days following notice of such discontinuation.

4.4. Event, Experience and Merchandise Release and Refunds

You may direct all inquiries and requests regarding event, experience, and merchandise refunds to EVEN. The Licensor is exclusively responsible for the fulfillment of merchandise, events, and experiences, as well as for establishing and administering all related refund policies. However, communications concerning customer service inquiries can be directed to EVEN..

If a Licensor cancels an event, fails to issue applicable refunds, or does not fulfill a merchandise order, you may submit a complaint pursuant to Section 11. EVEN will use commercially reasonable efforts to facilitate a resolution, but does not guarantee any outcome.

4.5. Gift Purchases

Gift Purchases are non-refundable once the gift has been delivered to the recipient’s email address provided by the purchaser.

4.6. Chargebacks

If you experience an issue with a purchase, you agree to contact us at support@even.biz prior to initiating a dispute with your financial institution so that we may attempt to resolve the matter.

If a chargeback is determined to be fraudulent, abusive, or otherwise unjustified, we reserve the right to suspend or permanently terminate the associated account and to recover any amounts owed to us, including the reversed funds and any applicable fees.

5. YOUR CONTENT

5.1. You may create a profile and upload, store, transmit, and make available content (“User Content”) to the Site. User Content you post is considered non-confidential and non-proprietary.

5.2. You are responsible for your User Content, including its legality, accuracy, and appropriateness.

5.3. You grant EVEN and its affiliates a worldwide, royalty-free, sublicensable license to use, reproduce, modify, display, distribute, and exploit your User Content to provide the Services.

5.4. We may remove User Content that violates these Terms without notice.

6. WHAT YOU CAN DO (YOUR LICENSE)

We grant you a limited, personal, non-commercial, non-exclusive, non-transferable, revocable license to:

6.1. Access and use the Site and EVEN Content.

6.2. View Releases and listen to short previews via the Site Player.

6.3. If you are a Holder, purchase and display Releases, Memberships, and access associated content and merchandise.

6.4. If you are a Holder, access and listen to Licensor Content using the Site’s functionality (which may include streaming, on-demand playback, and download, depending on what the Licensor has enabled), video, behind-the-scenes materials, Community Chat, for the duration of the Release Period.

6.6. Downloads. If downloads are enabled by the Licensor, you may download audio files to your personal device for offline listening. Downloaded files include embedded metadata. You agree that: (a) downloads are for personal, non-commercial use only; (b) you will not redistribute, upload, or share downloaded files with any third party; (c) you will not remove or alter any metadata, copyright notices, or watermarks; (d) your right to keep downloaded files survives the Release Period only if the Licensor designated the Release as a permanent download; and (e) EVEN may embed digital watermarks to trace unauthorized distribution. Downloading does not transfer ownership of the sound recordings, compositions, or artwork.

6.7. Nothing in these Terms grants you any rights in the Services or EVEN Content beyond this license. The Site and related software are licensed, not sold.

6.8. We reserve the right to terminate your license at any time for any reason.

7. WHAT YOU CANNOT DO

When using the Services, you must not:

7.1. Engage in any unlawful activity, fraud, or sanctions violations.

7.2. Introduce viruses or malicious code, reverse engineer the Site, or interfere with other users’ access.

7.3. Send unsolicited promotions, harass other users, or interfere with transactions.

7.4. Engage in market manipulation, including wash trading, artificially inflating sales, or any activity designed to deceive other users.

7.5. Infringe any intellectual property rights; copy, rip, or capture any content by means other than those offered via the Services; remove any copyright notices; use data mining, scraping, or bots; or download any content except as expressly permitted.

7.6. In Community Chat: post unlawful, threatening, abusive, or obscene content; impersonate any person or entity; post spam or unrelated promotions; share other users’ personal information; post infringing content; or facilitate off-platform transactions.

7.7. You represent and warrant that: your User Content is accurate and does not infringe any third party’s rights; you have obtained all necessary consents; and EVEN shall not be required to make any payments in connection with your User Content.

8. INTELLECTUAL PROPERTY

8.1. The Site, EVEN Content, logos, and all related materials are the property of EVEN or our licensors. Our trademarks may not be used without prior written permission.

8.2. You have no ownership interest in your account. All rights in your account belong to EVEN.

8.3. Copyright Policy

EVEN respects the intellectual property rights of others. We may use third-party filtering technology to compare content uploaded to the Site with a database of registered content. Any content which matches registered content may not be streamed or made available on the Site. We also respond to take-down requests from rights holders in accordance with applicable law, including the Digital Millennium Copyright Act (17 U.S.C. 512).

Take-Down Requests. If you suspect your copyright is being infringed on the Site, please submit a take-down request by emailing us at info@even.biz. You may only submit a take-down request if you own or legally control the copyright you suspect is being infringed. If you submit a take-down request in relation to content you know is not infringing, you may be liable for compensation to the affected user. Your take-down request must include:

(a) details of the copyright work which you suspect is being infringed;

(b) details of the content or activity you suspect is infringing, including the location of the content on the Site (for example, the URL);

(c) a statement confirming that you believe in good faith that the activity or use of the content infringes the copyright you own or control and is not authorized by you, someone authorized to act on the copyright owner's behalf, or the law;

(d) a statement that the information you provide is accurate and that you are, or are authorized to act for, the owner of the copyright;

(e) your contact information, including email address and telephone number; and

(f) your physical or digital signature, or if you are acting on behalf of the copyright owner, the signature of a person authorized to act on their behalf.

Counter-Notice. If your content has been taken down and you believe it was removed in error, you may appeal by contacting us at info@even.biz. We will decide on a case-by-case basis whether the content may be restored. Your appeal must include:

(a) details of the content or account that has been blocked or removed and the location where it appeared before removal;

(b) a statement confirming that you believe in good faith the content was removed or disabled in error and does not infringe copyright;

(c) your contact information, including email address, physical address, and telephone number; and

(d) your signature, or if you are acting on behalf of another person, the signature of a person authorized to act on their behalf.

Repeat Infringers. If you repeatedly infringe copyright, we may suspend or terminate your access to the Site.

Designated Agent. EVEN's designated agent for receiving DMCA take-down notices is: EVEN Labs Inc., Attn: Copyright Agent, 313 N Plankinton Ave, Milwaukee, WI 53203. Email: info@even.biz.

8.4. Accessibility

EVEN is committed to making the Site accessible to all users, including individuals with disabilities. We strive to conform to Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. If you experience any difficulty accessing or using the Site, or if you have suggestions for improving accessibility, please contact us at support@even.biz. We will make commercially reasonable efforts to address accessibility issues in a timely manner.

9. Artificial Intelligence Disclosures

EVEN is built for artists and the fan community that supports them. As artificial intelligence (“AI”) generated music, artists and bands become more common across the industry, EVEN believes that transparency to fans is essential. It is important to us that you know whether you are supporting a human artist or engaging with AI-created work.

If a song or artist on EVEN is created substantially using artificial intelligence, you’ll see a label letting you know. We place these labels on the artist profile, release pages, and in search results so it’s easy for you to spot. Our goal is simple: no surprises. You should know whether you’re supporting a human or engaging with AI-created work.

We consider music to be AI-generated if the main creative parts, like vocals, lyrics, melody, or instrumentation, were created by AI rather than a human. That said, artists may use tools in smaller ways like in mixing or mastering. That kind of use does not make something “AI-generated” on EVEN.

We require artists to be upfront and disclose whether creative elements were substantially created by an artificial intelligence system, generative model, or automated composition tool.  We may also use a mix of technology and human review to help identify AI-generated content. If something isn’t labeled correctly, we may add a label, remove the content, or take action concerning the account involved. We do not allow content that tries to impersonate real people or mislead fans about who (or what) is behind the music.

At the end of the day, this is about trust. We want you to feel confident that you know what you’re listening to and who you’re supporting on EVEN.

AI is changing fast, and so are we. We may update how we handle AI-generated content over time, and we will update this Terms of Service when we do.

10. THIRD-PARTY SERVICES AND PLATFORM RISKS

10.1. Third-Party Services

EVEN uses third-party services including Stripe for payments and Magic Labs for authentication and two-factor verification. Your use of third-party services is subject to their respective terms. EVEN is not liable for third-party acts or omissions.

10.2. Platform Risks

Please note the following risks: (1) Licensor Content access may be time-limited to the Release Period; (2) Memberships may be modified or discontinued by the Licensor; (3) Event Releases are subject to cancellation by the Licensor; (4) the Site depends on third-party services that may experience outages; (5) legislative changes may affect the services or Content provided; (6) transactions are generally non-refundable except as stated in these Terms; and (7) changes to third-party services may affect your use of the Site.

11. DISCLAIMERS AND LIABILITY

11.1. As-Is

THE SITE, EVEN CONTENT, RELEASES, MEMBERSHIPS, AND EVENT RELEASES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. EVEN MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

11.2. No Guarantees

EVEN DOES NOT GUARANTEE THE SECURITY OF ANY DATA YOU DISCLOSE ONLINE. WE CANNOT AND DO NOT REPRESENT THAT THE SITE IS FREE OF VIRUSES OR HARMFUL COMPONENTS.

EVEN IS NOT RESPONSIBLE FOR THE CONTENT OR COMPLIANCE OF COMMUNICATIONS SENT BY LICENSORS THROUGH FAN CONNECT.

EVEN DOES NOT GUARANTEE THE ACCURACY OF ANALYTICS OR METRICS DISPLAYED IN THE BACKSTAGE DASHBOARD.

11.3. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN WILL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, REVENUE, BUSINESS, SAVINGS, USE, GOODWILL, OR DATA.

EVEN’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO EVEN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100) U.S. DOLLARS.

11.4. Release of Claims

If you have a dispute with another user, you release EVEN from all claims, demands, and damages arising from such disputes. To the fullest extent permitted by law, you waive protections that would limit this release to known claims.

11.5. Indemnification

You agree to indemnify and hold harmless EVEN and its affiliates from any claims, damages, losses, and expenses arising from your use of the Services, your User Content, or your violation of these Terms.

12. DISPUTES

12.1. Complaints

Complaints about Licensors’ Releases, content, or merchandise must be directed to the relevant Licensor. EVEN is not responsible for Licensor failures to accurately describe, provide, or deliver Releases.

12.2. Arbitration

Any dispute or claim arising out of these Terms, the Site, your license, or any products sold through EVEN, including Releases, Memberships, Event Releases, and any associated content or merchandise, will be resolved by binding arbitration rather than in court, except for small claims court or intellectual property disputes.

ANY ARBITRATION WILL BE ON AN INDIVIDUAL BASIS ONLY. CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION ARE NOT PERMITTED. YOU WAIVE YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

Arbitration is administered by AAA under the Consumer Arbitration Rules. The arbitrator applies California law. Either party may seek injunctive relief for intellectual property matters in any court of competent jurisdiction.

12.3. Governing Law

If any party institutes any action, suit or proceeding based upon any matter, claim or controversy arising relating to this Terms of Service, such action shall be brought solely in the courts of the State of California, County of Los Angeles and shall be governed by California law.

13. GENERAL

13.1. EVEN provides the Services with reasonable skill and care and may change the Site’s technical specifications, suspend the Site for maintenance, or discontinue features.  EVEN does not guarantee that the website, platform, or any associated services will be available at all times or operate without interruption, delay, or error. Access to the site may be limited, suspended, or unavailable from time to time due to scheduled maintenance, technical issues, system failures, or circumstances beyond EVEN’s reasonable control. Such circumstances may include, without limitation, acts of God, natural disasters, internet or telecommunications outages, cyberattacks, labor disputes, governmental actions, or failures of third-party service providers.

To the fullest extent permitted by applicable law, EVEN disclaims any and all liability arising from or related to any unavailability, interruption, or degradation of access to the website or services.

13.2. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force.

13.3. EVEN’s failure to enforce any right does not constitute a waiver.

13.4. You may not assign or transfer these Terms. EVEN may assign its rights without restriction.

13.5. These Terms, together with the Privacy Policy, constitute the entire agreement between you and EVEN.

13.6. Referral Programs. EVEN may offer referral programs with promotional credits. Referral Rewards have no cash value and may be revoked for abuse.

13.7 Severability clause and validity. Under no circumstances shall any invalid, illegal, or unenforceable provision of this Agreement affect the validity or enforceability of the remainder of this Agreement. Any such provision shall be deemed severed or modified to the extent necessary to render it enforceable while preserving the parties’ intent, and this Agreement shall be construed as if such provision had never been included in its invalid form.

PART II  -  FOR ARTISTS AND LABELS

Sections 13–21 apply to Licensors (artists, labels, distributors, and other content providers) in addition to Part I.

14. BECOMING A LICENSOR

14.1. Licensor Role

Licensors are users who create, upload, and sell Releases, Memberships, Merchandise, and other content through the Site. Licensors may be individual recording artists, songwriters, record labels, distributors, management companies, or other entities with rights to exploit musical content.

14.2. Licensor Content

You are solely responsible for all content you upload, create, or make available through the Site (your “Licensor Content”), including sound recordings, musical compositions, artwork, metadata, descriptions, pricing, and any associated merchandise or experiences. You must ensure that your Licensor Content complies with these Terms and all applicable laws.

14.3. Content Standards

You represent and warrant that your Licensor Content: (a) does not infringe the intellectual property rights, rights of publicity, rights of privacy, or any other rights of any third party; (b) does not contain unlawful, defamatory, obscene, or otherwise objectionable material; (c) complies with all applicable laws and regulations; and (d) is accurately described and represented in any Release listing.

14.4. Grant of Rights to EVEN

By uploading Licensor Content to the Site, you grant EVEN a non-exclusive, worldwide, royalty-free, sublicensable license to: (a) reproduce, distribute, publicly perform, publicly display, transmit, stream, and make available your Licensor Content through the Site and in connection with the Services; (b) create promotional materials, previews, and clips of your Licensor Content for marketing and promotional purposes; (c) format, transcode, and technically process your Licensor Content as necessary to deliver it through the Site; and (d) sublicense these rights to third-party service providers solely as necessary to operate the Site and provide the Services.

This license includes the right to host, stream, reproduce, and distribute your Licensor Content to users worldwide, including in territories where EVEN may not hold local performing rights or mechanical licenses. You represent and warrant that you have the authority to grant this worldwide license, including with respect to any underlying musical compositions. See Section 15 (Music Rights and Licensing) for details on territorial licensing responsibilities.

14.5. Licensor Warranties

You represent and warrant that: (a) you own or control all rights necessary to grant the licenses in these Terms; (b) you have obtained all necessary consents, licenses, and authorizations from rights holders, including performers, songwriters, publishers, and any other contributors; (c) the exploitation of your Licensor Content by EVEN as contemplated by these Terms will not violate the rights of any third party; (d) all information and metadata you provide is accurate and complete; and (e) you will comply with all applicable laws in connection with your use of the Site.

14.6. No Injunctions

You acknowledge that EVEN's ability to operate the Site depends on the continuous availability of the Services. You agree that you will not seek or obtain any injunctive or equitable relief that would interfere with or restrict EVEN's operation of the Site or the provision of the Services to other users. Your sole remedy for any claim arising from EVEN's use of your Licensor Content in accordance with these Terms shall be monetary damages, if any.

14.7. Licensor Obligations

You agree to: (a) respond promptly to any inquiries from EVEN regarding your Licensor Content, including requests for documentation of your rights; (b) promptly notify EVEN if your rights to any Licensor Content change, expire, or are revoked; (c) cooperate with EVEN in responding to any third-party claims regarding your Licensor Content; and (d) maintain accurate and current account information, including payment information.

15. ARTIFICIAL INTELLIGENCE POLICY

It is important to us that users and fans know whether they are supporting a human artist or engaging with artificial intelligence (“AI”) created work. EVEN’s AI policy is informed and aligned with the approaches taken by major music platforms.

15.1 Disclosure Requirement

All users who upload AI Generated Content to EVEN must designate the release as AI generated during the upload process. By completing an upload, you represent and warrant that you have accurately disclosed whether the content is AI-generated.

15.2 AI Artist Profile and Labeling

AI-generated artists are permitted on EVEN provided they are clearly and promptly identified as AI-created. This means:

1. Visible labeling. All AI-generated artist profiles and releases will carry a platform applied label indicating that the content is AI-generated. This label will be visible to fans and users in areas such as the artist profile, release page, and in search results.

2. No impersonation. AI-generated content must not impersonate, mimic, or clone the voice, likeness, or artistic identity of any real person.

3. Honest representation. Artist name, bios, imagery, and other profile elements must not mislead fans into believing the artist is a human performer or group when the content is AI-generated.

This policy does not apply to music where AI tools are used in a supporting capacity — such as AI-assisted mixing, mastering, stem separation, or minor production enhancements — provided the underlying composition and performance are human-created.

15.3 Enforcement.

Failure to comply with this AI policy may result in one or more of the following actions, in EVEN’s sole discretion:

1. Removal or takedown of the non-compliant release, artist profile or link page

2. Application of “AI-generated” labels to previously undisclosed content

3. Suspension or termination of the uploader’s account

4. Forfeiture of any earnings with non-compliant content

5. Any other remedies available under EVEN’s Terms of Service.

EVEN reserves the right to use automated detection tools along with manual review to identify undisclosed AI-generated content. If AI-generated content is identified and was not properly disclosed, the uploader will be notified.

15.4. Changes to This Policy

As AI technology and industry standards evolve, EVEN may update this policy from time to time. Material changes will be communicated to users via the platform and will be reflected in an updated “Effective Date” of this Terms of Service. Continued use of EVEN’s platforms and website after such changes constitute acceptance of the revised policy.

16. SHOPIFY APP INTEGRATION

You can install the EVEN Shopify App to make merchandise available to users on the EVEN platform. Revenue share for any merchandise sold is described in Section 17.2 below.

To integrate the Shopify App in the EVEN platform, you must have the authority to agree to these Terms on behalf of the Shopify store owner.

When you install the App, you give EVEN permission to access certain data from your Shopify store through Shopify’s API, including:

• Store domain

• Shopify shop ID

• Storefront access token

• Collection configuration

We only access what’s needed to run the App.

You’re responsible for:

• Your Shopify store and everything in it

• Making sure your data is accurate and lawful

• Following all applicable laws and Shopify policies

16.1. Data & Analytics

The Shopify App may use anonymized checkout data (like when a checkout starts or completes) to provide performance insights. You’re responsible for making sure your store gets any required customer consent for tracking and complies with privacy laws. EVEN does not access or store any personally identifiable customer data through the App.

16.2. Acceptable Use

You agree not to:

• Use the Shopify App for anything illegal

• Interfere with or disrupt how the Shopify App works

• Try to bypass security measures

• Copy, reverse engineer, or recreate the Shopify App

16.3. Data Deletion

If you uninstall the Shopify App:

• Access tokens are immediately revoked

• Your store is marked inactive

• All related store data is deleted within 48 hours (unless we’re required to keep it by law)

We also handle any Shopify-required data access or deletion requests through their webhooks.

If you want your data deleted at any time, just email us at support@even.biz.

17. REVENUE AND PAYMENTS17.1. Revenue Definition

“Gross Revenue” means all sums actually received by EVEN for each sale. “Net Revenue” means Gross Revenue less: (a) the EVEN revenue share; (b) applicable taxes; (c) authorized refunds; (d) for Merchandise only, third-party processing fees; (e) CMO performance rights fees; and (f) direct third-party hosting, marketing, and advertising costs. If a Licensor has a separate agreement with EVEN, that agreement’s revenue share applies instead.

17.2. EVEN Revenue Share

In consideration for EVEN’s obligations, EVEN retains the following fees from each transaction:

Digital Sales (Releases): 20% of Gross Revenue, inclusive of all transaction processing fees.

Memberships: 15% of Gross Revenue inclusive of all transaction processing fees.

Merchandise: 5% of Gross Revenue, plus applicable third-party transaction processing fees deducted separately.

[Note] 20% digital and 15% Membership rates absorb Stripe processing costs. Merch at 5% passes processing fees through separately.

17.3. Distribution of Net Revenue

After deduction of the EVEN’s revenue share outlined in section 14.1 above, EVEN pays the remaining Net Revenue to Licensor. The allocation of Net Revenue between the Licensor and any artist, songwriter, producer, or other participant is solely the responsibility of the Licensor and the applicable parties, governed exclusively by their own agreements. EVEN does not determine, verify, or enforce splits between Licensor and third parties.

17.4. Revenue Splits

Licensors may allocate percentages of Net Revenue to third parties (“Collaborators”) via the Backstage dashboard. When revenue splits are configured, EVEN deducts the designated Collaborator percentages from the Net Revenue that would otherwise be paid to the Licensor. EVEN then pays each Collaborator their allocated share directly via Stripe Connect. For example, if net revenue on a sale is eighty dollars ($80) and the Licensor has configured a ten percent (10%) split to a producer, EVEN pays the producer eight dollars ($8) and pays the Licensor seventy-two dollars ($72). EVEN processes revenue split payments as directed by the Licensor and has no responsibility for determining accuracy, verifying agreements, or resolving disputes between Licensors and Collaborators. Collaborators must complete Stripe Connect setup to receive payments. Licensors may modify splits at any time; changes apply prospectively.

17.5. Accounting

Payouts are made daily via Stripe. EVEN shall have the right to deduct from any amounts payable to Licensor and/or Artist hereunder solely such portion thereof as may be required to be deducted under the provisions of any applicable statute, regulation, treaty, tax or other law, or under any applicable union or guild agreement, and Licensor shall promptly execute and deliver to EVEN such forms and other documents as may be reasonably required by EVEN in connection therewith.

17.6. Stripe Connect

All payments are processed through Stripe Connect. You must create and maintain an active Stripe Connect account. Your use of Stripe Connect is subject to the Stripe Services Agreement. EVEN is not a party to that agreement.

To receive payments, Collaborators must complete Stripe Connect setup within six (6) months of receipt of invitation. If the invitation is not accepted or Collaborator fails to collect, the share will be redirected to Licensor. Licensor is liable for any payments due to Collaborators.

Unclaimed Payments. EVEN holds unclaimed payments for twenty-four (24) months. If still unclaimed after 24 months and 30 days’ written notice, EVEN’s obligations are subject to applicable unclaimed property and escheatment laws.

Payment Errors. EVEN may correct payment errors by adjusting future payments or requiring return of overpayments.

18. MUSIC RIGHTS AND LICENSING

18.1. U.S. Performance Rights

EVEN maintains blanket performing rights licenses with ASCAP, BMI, SESAC, and GMR covering public performances of musical compositions on the Site within the United States. EVEN reports and pays performance royalties to these organizations.

18.2. U.S. Mechanical Rights

EVEN maintains a blanket mechanical license with The Mechanical Licensing Collective (MLC) covering reproduction and distribution of musical compositions for downloads and interactive streams within the United States under 17 U.S.C. §115.

18.3. Territorial Limitation

EVEN’s performing rights and mechanical licenses cover the United States only. The Site is accessible globally. By making Licensor Content available on the Site, you acknowledge that:

(a) EVEN’s music publishing licenses are limited to the United States;

(b) performances and reproductions of your content may occur outside the U.S.;

(c) if you are operating outside the U.S., or your compositions are administered internationally, you are solely responsible for confirming you hold all necessary publishing, performance, and mechanical rights to authorize EVEN to host, stream, distribute, and make your content available worldwide; and

(d) the worldwide content license you grant to EVEN under Section 13.4 applies to your Licensor Content in all territories, and you warrant you have the authority to grant that license, including with respect to any underlying musical compositions.

18.6. Synchronization Rights

EVEN’s licenses do not include synchronization rights. If any Licensor Content feature involves pairing music with visual content (including video or livestreaming), you may need to obtain sync licenses and the necessary rights. If your Content requires a synchronization licenses, you are solely responsible for acquiring the necessary rights, and obtaining and paying for the required licenses.

19. CONTENT DELIVERY AND DOWNLOADS19.1. Rights to Content

When you upload any materials, including, but not limited to: sound recordings, images, videos, merchandise, compositions (“Content”) to EVEN, you warrant and represent that the Content is original, is free from any union obligations and not recorded under collective bargaining agreements which would require licensees to pay re-use or new-use fees, that you control One Hundred Percent (100%) of the Content or have obtained all necessary licenses, rights, clearances, consents and waivers for the Content and any associated metadata and artwork, the Content is free from any liens, encumbrances and does not contain uncleared samples or interpolations, and will not violate or infringe upon any law, regulation or right of any third party including, but not limited to copyright, trademark, trade secret, moral right, contract rights, privacy or publicity rights, rights against libel or slander, and there is no litigation pending concerning the Content. You also warrant and represent that EVEN shall not be required to pay any other fee, royalty, payments or consideration of any kind in connection with the marketing promotion, resale or exploitation of the Content. Licensor is solely responsible for paying any third parties their shares or royalties due.

19.2. Download Availability

Licensors may enable or disable downloads for each Release through Backstage. Changes take effect immediately for new download requests but do not affect files previously downloaded.

19.3. Formats and Metadata

Downloaded files are delivered in supported formats (which may include MP3, FLAC, WAV). Files include embedded metadata as provided by you or ingested via DDEX: track title, artist name, album title, track number, genre, release date, and artwork. You are responsible for metadata accuracy.

19.4. Permanent vs. Release Period Downloads

You may designate a Release for permanent download or for download only during the Release Period. Permanent download means Holders keep files indefinitely for personal use. Without the permanent designation, the Holder’s license terminates at the end of the Release Period. You acknowledge that EVEN cannot technically enforce deletion of files once downloaded, but the Terms require it.

19.5. Upload Quality and Mechanical Licensing

You must upload the highest quality format available. You warrant that all files are final, authorized versions and that you have all rights to distribute via download. EVEN’s MLC blanket license covers U.S. downloads. For downloads outside the U.S., you are solely responsible for obtaining any required mechanical licenses from applicable CMOs.

19.6. Anti-Piracy

EVEN may embed digital watermarks in downloaded files. If you discover unauthorized distribution of your content, report it to support@even.biz.

20. FAN DATA AND MARKETING

21.1. Fan Connect Compliance

If you use Fan Connect, you represent that: (a) you have obtained all necessary consents (CAN-SPAM, TCPA, applicable international laws); (b) all communications are truthful and lawful; (c) you will not send unsolicited communications; and (d) you will honor all opt-out requests promptly.

Imported Contacts. If you import contacts into Fan Connect, you represent you have a pre-existing relationship with each contact and their consent to receive communications.

Prohibited Content. You may not send unlawful, threatening, abusive, obscene, or misleading content, or content containing malware or phishing links.

21.2. Fan Data

Through Backstage, you have access to Fan Data (names, emails, phones, location, purchase history, spending). You may use Fan Data solely for: (a) communicating about your content via Fan Connect or other lawful means; (b) analyzing fan engagement; and (c) fulfilling orders. You may not sell, rent, or transfer Fan Data to third parties.

Data Export. If you export Fan Data, you are solely responsible for its security and lawful handling.

Data Deletion. If a fan requests deletion, EVEN will notify you and you must promptly delete their data from your systems, except where retention is required by law.

EU/EEA/UK Data. If you access Fan Data relating to individuals located in the European Economic Area, the United Kingdom, or Switzerland, you may be required to execute a Data Processing Addendum with EVEN prior to processing such data. EVEN will make a DPA available upon request at privacy@even.biz.

21.3. Tracking and Analytics

If you enable third-party tracking pixels (Meta, Google, TikTok, X) on your EVEN pages, you are solely responsible for compliance with data protection laws. EVEN has no liability for third-party tracking data.

21.4 Shopify App Data

If you choose to install the Shopify App, your merchant data, specified in our Privacy Policy, is used solely to sync your selected Shopify collections with the EVEN platform.

Our checkout analytics pixel, which runs only when a customer has granted consent, tracks anonymized checkout events (checkout started, checkout completed) to provide sales performance insights. This pixel only runs when the customer has granted consent.

Upon uninstalling the app, your storefront access token is immediately revoked, and your store is marked as inactive. All store data is permanently deleted within forty-eight (48) hours in compliance with Shopify's mandatory data removal requirements.

25. MEMBERSHIP AND EVENT OBLIGATIONS

25.1. Memberships

If you offer Memberships, you must: (a) provide the described benefits on an ongoing basis; (b) maintain quality consistent with subscriber expectations; (c) communicate material changes in advance; and (d) ensure pricing and descriptions are accurate. You may not discontinue or materially reduce Membership benefits without at least 30 days’ notice. Subscribers retain access through the end of their paid billing period.

25.2. Event Releases

You are solely responsible for event organization, production, safety, and compliance with applicable laws. If you cancel or materially modify an event, you must: (a) promptly notify EVEN and purchasers; (b) provide full refunds or credits; and (c) immediately indemnify EVEN from any resulting claims.

25.3. Fan/User Communications and Customer Service

Though EVEN may handle customer service and communications with fans and users concerning your Releases, Events, Memberships or merchandise, you are solely responsible for delivery, event logistics and refunds as stated in this Terms of Service.

25.4. Marketing Assets

EVEN may create promotional materials for your Releases. You receive a non-exclusive license to use them on EVEN and your own channels. EVEN retains intellectual property rights in the design templates and original material created by EVEN.

26. LUMINATE SALES REPORTING

26.1. Sales Data Reporting

EVEN is a certified data supplier to Luminate Data, LLC. EVEN reports all sales data to Luminate daily, including metadata, sales volume, and pricing. By selling on EVEN, you acknowledge and agree to this reporting.

26.2. Chart Eligibility

Not all sales are automatically chart-eligible. Eligibility requires meeting Luminate’s validation measures, including, but not limited to: (a) minimum pricing ($7.99 for CDs/cassettes/digital albums, $15.99 for vinyl); (b) email verification, IP validation, and bot prevention; (c) one digital D2C exclusive per artist per week; (d) point-of-redemption requirement for digital sales; and (e) ship-verification for physical sales (e) music sold together with another product or incentive may not meet requirements

26.3. Opt-In

You may designate specific Releases as chart-eligible through Backstage provided your Release is chart eligible pursuant to current laws and regulations. By opting in, you authorize EVEN to submit the Release for Luminate validation and warrant that you have all necessary rights and that the Release meets minimum pricing.

26.4. Data Accuracy

EVEN uses commercially reasonable efforts for accurate reporting but Luminate has sole discretion to accept or reject data. EVEN is not liable for chart outcomes.

26.5. Perpetual License

Luminate receives a perpetual, irrevocable license to sales and other purchaser data requested by Luminate. Once you opt-in reported to Luminate cannot be retracted.

26.6. Suspension

If a Licensor’s data anomalies trigger a Luminate suspension of EVEN’s certification, EVEN may suspend that Licensor’s chart reporting, investigate, and terminate the account if fraudulent activity is found.

26.7. Modifications

Luminate’s standards may change. EVEN will communicate material changes through Backstage and may modify or discontinue chart reporting as required.

27. LABEL ACCOUNTS

27.1. Eligibility

Label Accounts are available to record labels, distributors, management companies, and other bona fide music industry entities.

27.2. Artist Verification

You may only add an artist to your Label Account if you have an active            business relationship (recording agreement, distribution agreement, management agreement, or other written authorization) with a music artist. By adding an artist, you warrant that: (a) you have a current written agreement authorizing you to manage their content on the Site; (b) the artist has consented; (c) you have all necessary rights; and (d) your management of the account is consistent with your agreement.

27.3. Ongoing Obligations

You must: (a) promptly remove artists when relationships end; (b) ensure accurate revenue attribution; (c) maintain records of authorization; and (d) provide proof to EVEN on request.  When you add an artist and authorize EVEN to make payments, payments made to artist or third parties on your behalf cannot be retracted.

27.4. Prohibited Conduct

You must not add artists without a            business relationship or      without their knowledge. Under no circumstances can you misrepresent the scope of your relationship with artist.

27.5. Enforcement

Violations of this section 20 are a material breach. EVEN may remove content, suspend or terminate your account, withhold payments, or       migrate an artist’s content to an individual account.

27.6. Liability

Label Account Holders are jointly and severally liable  with the artist and anyone authorized to access the account for all content and activity on their account and must indemnify EVEN from any resulting claims.

28. LICENSOR INDEMNIFICATION, GOVERNING LAW, VENUE AND ADDITIONAL WARRANTIES

28.1. Indemnification

You agree to immediately indemnify, defend, and hold harmless EVEN and its affiliates, officers, directors, employees, agents, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your Licensor Content, including any claim that your Licensor Content infringes or misappropriates the intellectual property rights, rights of publicity, rights of privacy, or any other rights of any third party (b) your breach of any representation, warranty, or obligation under these Terms; (c) your use of Fan Connect or any communications you send through the Site; (d) any dispute between you and an Artist, Collaborator, or other third party regarding Revenue Splits, content ownership, or related matters; (e) your failure to comply with applicable laws, including data protection, tax, and consumer protection laws; and (f) any event you organize in connection with an Event Release.

28.2. Additional Warranties

In addition to the warranties in Section 13.5, you represent and warrant that: (a) you have the full power and authority to enter into these Terms and to perform your obligations hereunder; (b) you are not party to any agreement that would prevent you from fulfilling your obligations under these Terms; (c) the Licensor Content does not contain any material that is unlawful, defamatory, libelous, threatening, pornographic, harassing, or that encourages conduct that would constitute a criminal offense or give rise to civil liability; (d) you will not use the Site to distribute content that promotes discrimination, bigotry, racism, hatred, or harm against any individual or group; and (e) all tax information you provide to EVEN is accurate and current, and you are solely responsible for any tax obligations arising from your use of the Site, including the receipt of payments under Section 14.

28.3. Survival

The indemnification obligations and warranties in this Section 21, and in Section 13, survive the termination or expiration of these Terms with respect to any claims arising from events occurring during the term of your use of the Site.

28.4 Governing Law and Venue

If any party institutes any action, suit or proceeding based upon any matter, claim or controversy arising relating to this Terms of Service, such action shall be brought solely in the courts of the State of California, County of Los Angeles and shall be governed by California law.

28.5 Severability clause and validity. Under no circumstances shall any invalid, illegal, or unenforceable provision of this Agreement affect the validity or enforceability of the remainder of this Agreement. Any such provision shall be deemed severed or modified to the extent necessary to render it enforceable while preserving the parties’ intent, and this Agreement shall be construed as if such provision had never been included in its invalid form.

28.6. No Warranty of Uninterrupted Access. EVEN does not guarantee that the website, platform, or any associated services will be available at all times or operate without interruption, delay, or error. Access to the site may be limited, suspended, or unavailable from time to time due to scheduled maintenance, technical issues, system failures, or circumstances beyond EVEN’s reasonable control. Such circumstances may include, without limitation, acts of God, natural disasters, internet or telecommunications outages, cyberattacks, labor disputes, governmental actions, or failures of third-party service providers.

To the fullest extent permitted by applicable law, EVEN disclaims any and all liability arising from or related to any unavailability, interruption, or degradation of access to the website or services.