Terms of Service

1. INTRODUCTION

Welcome to EXVERSIO. These Terms of Service ("Terms") govern your access to and use of the EXVERSIO platform, including our website at exversio.com and mobile applications (collectively, the "Service"), operated by EXVERSIO, a sole proprietorship (eenmanszaak) registered in the Netherlands ("we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

For Artists who upload content: these Terms apply to you, and you are additionally bound by the Artist Terms, which govern your obligations as a content creator on the Service. In the event of a conflict between these Terms and the Artist Terms, the Artist Terms prevail with respect to Artist obligations.

2. DEFINITIONS

• "Fan" or "Subscriber": A user who pays a subscription fee to access an Artist's content.
• "Artist": A content creator who uploads music and exclusive content to the platform under a separate Artist Terms agreement.
• "Content": All audio, visual, text, or other material uploaded by Artists.
• "Subscription": A recurring payment arrangement that grants Fans access to an Artist's content.
• "Platform Fee": The percentage of subscription revenue retained by EXVERSIO. Standard is 20%; founding artists receive a reduced fee of 10%.

3. ELIGIBILITY

You must be at least 18 years old to use the Service. By using EXVERSIO, you represent and warrant that you meet this requirement and have the legal capacity to enter into these Terms.

4. SUBSCRIPTIONS AND PAYMENTS

4.1 Subscription Model

EXVERSIO operates on a direct artist-to-fan subscription model. Fans pay a recurring subscription fee to access content from specific Artists. Each subscription is managed separately per Artist.

4.2 Payment Processing

All payments are processed through Stripe, a third-party payment processor. By subscribing, you authorize us to charge your payment method through Stripe. EXVERSIO uses Stripe Connect to facilitate payouts to Artists.

4.3 Billing Cycle

Subscriptions are billed on a monthly basis unless otherwise specified. Your subscription automatically renews each month until cancelled.

4.4 Cancellation

You may cancel your subscription at any time through your account settings or the Stripe Billing Portal. Cancellation takes effect at the end of your current billing period. You will continue to have access until that date, but no refunds will be provided for partial months.

4.5 Price Changes

Artists set their own subscription prices. We reserve the right to adjust our platform fees. Any changes to your subscription price will be communicated with at least 30 days' notice.

4.6 VAT and Taxes

Subscription prices are inclusive of any applicable Value Added Tax (VAT). EXVERSIO is responsible for collecting and remitting VAT on subscription transactions in accordance with EU and Dutch tax law. Artists are independently responsible for income tax on their payouts as set out in the Artist Terms.

5. DIGITAL CONTENT AND RIGHT OF WITHDRAWAL

5.1 Immediate Access

Upon successful payment, you receive immediate access to digital content. By subscribing and accessing content, you expressly acknowledge and agree that the 14-day withdrawal period under EU consumer protection law does not apply to your subscription, as you receive immediate access to digital content. This waiver is required under Article 16(m) of EU Directive 2011/83/EU.

5.2 Streaming-Only Access

All content on EXVERSIO is provided for streaming only. Downloads are not permitted. You do not own the content and have no right to copy, distribute, or store it locally.

5.3 No Permanent Access Guarantee

Artists retain full control over their content. An Artist may remove content at any time without notice. Content may also be removed by EXVERSIO in response to a valid copyright claim or violation of these Terms or the Artist Terms (see Section 7B). If content is removed or an Artist leaves the platform, your access to that content ends immediately. No refunds will be issued for removed content, except where required by Dutch consumer protection law.

6. INTELLECTUAL PROPERTY

6.1 Artist Ownership

Artists retain all intellectual property rights to their content. EXVERSIO acts solely as a hosting platform and does not claim ownership of any content uploaded by Artists.

6.2 Limited License to EXVERSIO

By uploading Content, Artists grant EXVERSIO a limited, non-exclusive, worldwide, royalty-free license to host, store, transmit, stream, and display the Content as necessary to operate the Service. This license is further detailed in the Artist Terms.

6.3 Limited License to Fans

When you subscribe to an Artist, you receive a limited, non-exclusive, non-transferable, revocable license to stream that Artist's content through the Service for personal, non-commercial use only.

6.4 Prohibited Activities

You may not:

• Download, copy, or record content from the platform
• Share your account credentials with others
• Use the Service for commercial purposes without authorization
• Attempt to circumvent any security or content protection measures
• Upload or distribute any content that infringes on third-party rights

7. PROHIBITED CONDUCT

You agree not to:

• Use the Service for any illegal purpose
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the integrity or performance of the Service
• Harass, abuse, or harm another person
• Upload viruses, malware, or other harmful code
• Record, screen-capture, re-host, redistribute, or otherwise share Content outside the Service
• Circumvent or attempt to circumvent any technical measures that protect Content (including screen-capture prevention)
• Share account credentials or use the Service on behalf of another person
• Scrape, crawl, or bulk-download Content from the Service
• Engage in any activity that violates these Terms or applicable laws

Violations may result in immediate account suspension, termination, removal of access to Content, and — where copyright or other legal violations are involved — referral to the affected Artist and/or appropriate authorities.

7A. CONTENT PROTECTION AND MONITORING

Content on EXVERSIO is provided under a paid subscription only. To protect Artists and their exclusive Content, the Service applies technical measures and keeps operational logs, including:

• Time-limited signed audio URLs tied to your authenticated account
• Logging of each audio access request (user, track, timestamp, IP address, device identifier)
• Detection and logging of screenshot and screen-recording attempts inside the mobile app
• Platform-level protections that may black out Content during screen recording on supported devices
• Automated anomaly detection (e.g. excessive request volume, multiple devices per account, a single device used by multiple accounts)

By using the Service you acknowledge and consent to this logging and monitoring for security, fraud prevention, anti-piracy, and legal compliance purposes. Repeated capture attempts, sharing of Content outside the Service, or other misuse may result in account action up to and including termination and pursuit of legal remedies.

7B. COPYRIGHT INFRINGEMENT AND DMCA / NOTICE-AND-TAKEDOWN

EXVERSIO respects intellectual property rights and complies with applicable copyright laws, including the EU Copyright Directive (Directive (EU) 2019/790), the Digital Millennium Copyright Act (DMCA) where applicable, and Dutch copyright law (Auteurswet).

7B.1 Reporting Infringement

If you believe Content on the Service infringes your copyright or other intellectual property rights, please send a written notice to copyright@exversio.com containing:

1. Your full name, postal address, and email address
2. A description of the copyrighted work you claim has been infringed
3. The specific URL(s) or identifier(s) of the allegedly infringing Content on the Service
4. A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law
5. A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner
6. Your physical or electronic signature

Incomplete notices may not be processed. We aim to acknowledge valid notices within five (5) business days and act upon them within ten (10) business days.

7B.2 Counter-Notification

If your Content has been removed and you believe this was in error, you may submit a counter-notification to the same address. The counter-notification must include similar identifying information and a statement, under penalty of perjury, that you have a good-faith belief that the Content was removed as a result of mistake or misidentification.

7B.3 Repeat Infringers

EXVERSIO maintains a policy of suspending or terminating accounts of users who are determined to be repeat infringers. Three (3) substantiated infringement claims will result in permanent termination of an Artist's account and forfeiture of pending payouts to the extent permitted by law.

7B.4 No Liability for User Content

EXVERSIO acts as a neutral hosting platform and is not the originator of Content uploaded by Artists. To the maximum extent permitted by Article 14 of the EU E-Commerce Directive (Directive 2000/31/EC) and equivalent provisions under Dutch law, EXVERSIO is not liable for Content uploaded by Artists, provided we act expeditiously upon receiving valid notice of infringement.

8. TERMINATION

We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. DISCLAIMERS AND LIMITATION OF LIABILITY

9.1 Service "As Is"

The Service is provided on an "AS IS" and "AS AVAILABLE" basis without warranties of any kind, either express or implied, except as required by mandatory consumer protection law.

9.2 Content Responsibility

We do not pre-screen, review, endorse, or guarantee the accuracy, completeness, or quality of any Content uploaded by Artists. Artists are solely responsible for the Content they upload, including ensuring they have all necessary rights, licenses, and permissions, as set out in the Artist Terms. You use the Service at your own risk.

9.3 Limitation of Liability

To the maximum extent permitted by applicable law, EXVERSIO shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use the Service
• Any Content obtained from the Service
• Unauthorized access to or alteration of your transmissions or data
• Statements or conduct of any third party on the Service

Our total liability shall not exceed the amount you have paid us in the twelve (12) months preceding the claim. Nothing in these Terms limits or excludes liability that cannot be limited or excluded under mandatory Dutch consumer protection law (including liability for gross negligence, intentional misconduct, or death and personal injury).

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless EXVERSIO, its founder, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney fees and costs, arising out of or in any way connected with:

• Your access to or use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of any applicable laws, rules, or regulations

This indemnification obligation does not apply to consumers acting in a private capacity to the extent prohibited by mandatory Dutch consumer protection law. Specific indemnification obligations for Artists are set out in the Artist Terms.

11. GOVERNING LAW AND DISPUTE RESOLUTION

11.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of the Netherlands, without regard to its conflict of law provisions.

11.2 Dispute Resolution

Any dispute arising from these Terms shall first be attempted to be resolved through good-faith negotiation. Contact us at legal@exversio.com. If negotiation fails, disputes shall be submitted to the competent courts of Amsterdam, the Netherlands.

11.3 EU Online Dispute Resolution

For EU consumers: The European Commission provides an online dispute resolution platform available at https://ec.europa.eu/consumers/odr. We are neither obligated nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

12. PRIVACY AND DATA PROTECTION

Your use of the Service is also governed by our Privacy Policy. By using EXVERSIO, you consent to the collection and use of your information as described in the Privacy Policy.

We process personal data in compliance with the General Data Protection Regulation (GDPR) and applicable Dutch data protection laws.

13. THIRD-PARTY SERVICES

We use third-party services to operate EXVERSIO, including but not limited to:

• Stripe: Payment processing and Stripe Connect for Artist payouts
• Supabase: Data storage and infrastructure
• Google Analytics: Usage analytics
• Sentry: Error monitoring and debugging

Your use of these services is subject to their respective terms and privacy policies. Artists who receive payouts are also bound by the Stripe Connected Account Agreement.

14. CHANGES TO TERMS

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our reasonable discretion, taking into account the nature of the change.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you may cancel your subscription before the new Terms take effect.

15. SEVERABILITY

If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.

16. ENTIRE AGREEMENT

These Terms, together with our Privacy Policy, the Artist Terms (where applicable), and any other legal notices published by us on the Service, shall constitute the entire agreement between you and EXVERSIO concerning the Service.

17. CONTACT INFORMATION

If you have any questions about these Terms, please contact us at:

EXVERSIO
General inquiries: hello@exversio.com
Legal: legal@exversio.com
Copyright claims: copyright@exversio.com
Privacy: privacy@exversio.com
Business Address: Netherlands