Terms of Service

Last updated

1. Introduction

Welcome to Fragments.fm, a music storytelling platform operated by A08 Consulting ("we," "us," "our," or "Company"). By accessing or using our website at fragments.fm and related services (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms").

Please read these Terms carefully. If you do not agree to these Terms, you may not access or use the Services.

About Us

Fragments.fm is operated by:

A08 Consulting
Ratakatu 9 B 11
00120 Helsinki, Finland
Business ID: 3446829-3
VAT ID: FI34468293
Email: support@fragments.fm


2. Description of Service

Fragments.fm is a music storytelling platform where artists create and share stories about their songs. The platform allows users to build rich narrative content incorporating text, images, audio references, and timeline elements to share their musical journeys with audiences.

Important: Fragments.fm is a storytelling platform, not a music distribution or streaming service. We do not host, distribute, or license music on behalf of users.


3. Beta Services

Beta Status. Fragments.fm is currently in beta. This means the Services are under active development and may contain bugs, errors, incomplete features, or unexpected behavior.

Service Changes. During the beta period, we may significantly modify, add, suspend, or discontinue any features or functionality without advance notice. Features available during beta are not guaranteed to be available in any future production release.

Data Risks. While we implement reasonable data protection measures, we cannot guarantee against data loss during the beta period. We strongly recommend that you maintain independent backups of any content you upload to the platform. We are not liable for any loss of data, content, or work during the beta period.

Pricing. Any pricing offered during the beta period is promotional and subject to change. We will provide at least 30 days' notice before implementing material pricing changes.

Transition to Production. When we transition from beta to a production release, we will notify you of any material changes to these Terms. Your continued use of the Services after such transition constitutes acceptance of any updated terms.

Feedback. Any feedback, suggestions, bug reports, or ideas you provide about the Services ("Feedback") may be used by us without restriction, attribution, or compensation to you. You grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate any Feedback into the Services.


4. Eligibility and Account Registration

Eligibility. You must be at least 18 years old to use the Services. By using the Services, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding contract in your jurisdiction.

Account Creation. You must create an account to access most features of the Services. When registering, you agree to provide accurate, current, and complete information and to update this information to keep it accurate.

Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately at support@fragments.fm if you suspect any unauthorized access to or use of your account.

One Account Per Person. Each person may maintain only one account. We reserve the right to terminate duplicate accounts.


5. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal data in connection with the Services is described in our Privacy Policy, which is incorporated into these Terms by reference.

A08 Consulting acts as the data controller for personal data processed through the Services. For questions about data protection, contact us at legal@fragments.fm.

By using the Services, you acknowledge that you have read and understood our Privacy Policy.


6. Subscriptions, Pricing, and Payments

Free and Premium Features. The Services include both free features and premium features available through paid subscriptions. Current pricing is available at [fragments.fm/pricing].

Subscription Terms. If you purchase a subscription:

  • Billing Cycle: Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on the plan you select).
  • Auto-Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize us to charge the applicable subscription fee to your payment method on file.
  • Price Changes: We may change subscription prices at any time. For existing subscribers, price changes will take effect at the start of the next billing period following at least 30 days' notice. If you do not agree to a price change, you may cancel your subscription before the change takes effect.

Cancellation. You may cancel your subscription at any time through your account settings or by contacting us at support@fragments.fm. Cancellation will take effect at the end of your current billing period, and you will retain access to premium features until that time.

Payment Processing. Payments are processed through secure third-party payment processors. By making a purchase, you agree to the applicable payment processor's terms of service. We do not store your full payment card details.

Taxes. All prices include applicable VAT or other taxes unless otherwise stated. You are responsible for any additional taxes applicable in your jurisdiction.


7. Right of Withdrawal (EU Consumers)

If you are a consumer in the European Union or European Economic Area, you have the right to withdraw from any purchase within 14 days without giving any reason ("Cooling-Off Period").

How to Withdraw. To exercise your withdrawal right, you must inform us of your decision by a clear statement (for example, by email to support@fragments.fm) before the Cooling-Off Period expires. You may use the following template:

"I hereby give notice that I withdraw from my contract for the purchase of [subscription/service name], ordered on [date]. Name: [Your name]. Email: [Your email]."

Refunds. If you withdraw within the Cooling-Off Period, we will reimburse all payments received from you within 14 days using the same payment method you used for the original transaction.

Exception for Digital Content. You acknowledge and agree that if you access premium digital content or services immediately after purchase, you lose your right of withdrawal once you begin accessing the digital content. By proceeding with immediate access, you expressly consent to the immediate performance of the contract and acknowledge that you thereby lose your withdrawal right.

Statutory Rights. Nothing in these Terms affects your statutory rights as a consumer under applicable law.


8. User Content

Your Ownership. You retain all ownership rights in the content you create or upload to the Services ("User Content"), including stories, text, images, and other materials.

License to Us. By posting User Content, you grant A08 Consulting a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, display, and distribute your User Content solely for the purposes of operating, developing, providing, promoting, and improving the Services. This includes the right to:

  • Make technical copies for hosting and backup purposes
  • Create thumbnails, previews, and excerpts
  • Display your content to users you choose to share with
  • Reformat content for different devices and interfaces

This license continues until you delete your User Content or terminate your account, except that:

  • We may retain backup copies for a reasonable period for legal and operational purposes
  • Content you have shared publicly or with other users may remain visible to those users even after deletion

Your Representations and Warranties. You represent and warrant that:

  • You own or have all necessary rights, licenses, consents, and permissions to your User Content
  • Your User Content does not infringe, violate, or misappropriate any third-party rights, including copyright, trademark, patent, trade secret, privacy, publicity, or other proprietary rights
  • You have obtained all necessary licenses, clearances, and permissions for any music, samples, recordings, or third-party content referenced or included in your stories
  • Your User Content does not contain any material that is defamatory, obscene, unlawful, threatening, or otherwise objectionable
  • Your User Content complies with all applicable laws and regulations

Music Rights Notice. Fragments.fm is a storytelling platform, not a music distribution or licensing service. You are solely responsible for ensuring you have all necessary rights to any music or audio content you reference, embed, or include in your stories. Depending on how you use music in your stories, this may include:

  • Mechanical rights (for reproducing musical compositions)
  • Synchronization rights (for pairing music with visual content)
  • Master use rights (for using specific recordings)
  • Public performance rights

We do not verify whether you hold such rights, and we are not responsible for any claims arising from your use of music in your stories.

Your License from Us. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and to view content made available to you through the Services.


9. Copyright and Intellectual Property

Our Intellectual Property. The Services, including all software, design, text, graphics, logos, icons, and other content created by us (excluding User Content), are owned by or licensed to A08 Consulting and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services or included content without our prior written consent.

Reporting Copyright Infringement. We respect intellectual property rights and expect our users to do the same. If you believe that content on the Services infringes your copyright, please submit a notice to legal@fragments.fm that includes:

  1. Identification of the copyrighted work you claim has been infringed
  2. Identification of the material you claim is infringing and its location on the Services (including URL)
  3. Your contact information (name, address, telephone number, and email address)
  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, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner
  6. Your physical or electronic signature

Counter-Notice. If you believe your content was removed in error, you may submit a counter-notice including:

  1. Identification of the material that was removed and its location before removal
  2. A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification
  3. Your name, address, and telephone number
  4. A statement consenting to jurisdiction of the courts in Finland
  5. Your physical or electronic signature

Repeat Infringers. We will terminate the accounts of users who are repeat infringers of intellectual property rights in appropriate circumstances.


10. Acceptable Use Policy

You agree not to use the Services to:

Illegal Activity

  • Violate any applicable law, regulation, or legal obligation
  • Infringe any intellectual property, privacy, publicity, or other rights of any person or entity
  • Engage in fraud, money laundering, or other financial crimes

Harmful Content

  • Upload, share, or distribute content that is illegal, defamatory, threatening, harassing, abusive, hateful, or discriminatory
  • Upload content depicting or promoting violence, self-harm, or illegal activities
  • Upload sexually explicit content or content exploiting minors
  • Upload content that constitutes spam, phishing, or malware

Platform Abuse

  • Attempt to gain unauthorized access to the Services, other accounts, or computer systems
  • Interfere with or disrupt the Services, servers, or networks
  • Use automated means (bots, scrapers, crawlers) to access the Services without our written permission
  • Circumvent any technological measures we use to protect the Services
  • Reverse engineer, decompile, or disassemble any aspect of the Services
  • Use the Services to collect personal information about other users without their consent

Misrepresentation

  • Impersonate any person or entity or misrepresent your affiliation with any person or entity
  • Create accounts using false information or for someone else without permission
  • Use another user's account without authorization

We reserve the right to remove any User Content and to suspend or terminate accounts that violate this Acceptable Use Policy at our sole discretion.


11. Content Moderation and Illegal Content Reporting

Content Moderation. We may review User Content to ensure compliance with these Terms and applicable law. We may remove or restrict access to any content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable.

Reporting Illegal Content. If you believe content on our platform is illegal under EU law or Finnish law, you may report it to us at legal@fragments.fm. Your report should include:

  • An explanation of why you believe the content is illegal, with reference to the specific law or regulation
  • The URL or other identifier of the content
  • Your contact information
  • A statement that you submit the report in good faith

We will review all reports promptly and take appropriate action where warranted.

Statement of Reasons. If we remove or restrict access to your content, we will provide you with a statement explaining:

  • The facts and circumstances underlying our decision
  • The legal or contractual basis for the action
  • Information about available redress options, including any internal appeals process

Appeals. If you believe we made an error in moderating your content, you may appeal by contacting us at support@fragments.fm within 14 days of receiving our statement of reasons.


12. Service Availability

No Guarantee of Availability. We strive to provide reliable Services, but we do not guarantee uninterrupted or error-free operation. The Services may be unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.

Maintenance. We may perform scheduled or emergency maintenance that temporarily disrupts access to the Services. Where possible, we will provide advance notice of scheduled maintenance.

Service Levels. During the beta period, we do not offer service level agreements (SLAs) or uptime guarantees. We do not provide credits or compensation for service interruptions.

Modifications to Services. We may modify, suspend, or discontinue any part of the Services at any time. For material changes that negatively affect your use of the Services, we will provide reasonable advance notice where practicable.


13. Termination

Termination by You. You may terminate your account at any time by using the account deletion feature in your settings or by contacting us at support@fragments.fm. Upon termination:

  • Your right to use the Services ends immediately
  • Your subscription (if any) will not renew, but you remain responsible for any charges already incurred
  • You will have 30 days to export your content before we may permanently delete it

Termination by Us for Cause. We may suspend or terminate your account immediately and without prior notice if you:

  • Materially breach these Terms
  • Engage in illegal activity using the Services
  • Infringe intellectual property rights
  • Engage in conduct that harms other users, the Services, or our reputation
  • Fail to pay applicable fees when due

Termination by Us for Convenience. We may terminate your account for any other reason by providing at least 30 days' written notice to the email address associated with your account. If we terminate for convenience, we will provide a pro-rated refund for any prepaid subscription fees.

Effect of Termination. Upon termination:

  • All rights granted to you under these Terms immediately cease
  • You must stop using the Services
  • We may delete your User Content 30 days after termination, subject to our legal obligations and backup retention practices
  • Sections 8 (User Content licenses), 9 (Intellectual Property), 14 (Disclaimers), 15 (Limitation of Liability), 16 (Indemnification), and 19 (Governing Law) survive termination

14. Disclaimers

"As Is" Basis. To the maximum extent permitted by applicable law, the Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. We disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

No Guarantee of Results. We do not warrant that the Services will meet your requirements, be uninterrupted, timely, secure, or error-free, or that defects will be corrected.

Beta Disclaimer. The Services are in beta and may contain bugs, errors, and incomplete features. Your use of beta features is at your own risk.

Consumer Rights Preserved. If you are a consumer, the disclaimers in this section do not affect any statutory rights that cannot be waived or limited under applicable consumer protection law, including under Finnish consumer protection legislation or EU consumer directives.


15. Limitation of Liability

Our total liability for any claims relating to the Services is limited to the amount you paid us in the 12 months before the claim, or €100, whichever is greater. We are not liable for indirect or consequential damages except where prohibited by law.

Nothing in these Terms affects any liability that cannot legally be excluded, or your statutory rights as a consumer.


16. Indemnification

You agree to indemnify, defend, and hold harmless A08 Consulting and its officers, directors, employees, agents, and affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

  • Your violation of these Terms
  • Your User Content, including any claims that your content infringes third-party intellectual property rights
  • Your violation of any applicable law or third-party rights
  • Your use of the Services in a manner not authorized by these Terms

Consumer Exception. This indemnification obligation does not apply to consumers to the extent prohibited by mandatory consumer protection laws in the European Union or Finland.


17. Changes to Terms

We may modify these Terms at any time. We will provide notice of material changes by:

  • Posting the updated Terms on our website with a new "Last Updated" date
  • Sending an email to the address associated with your account (for material changes)
  • Displaying a prominent notice within the Services

Your Options. If you do not agree to the modified Terms, you may terminate your account before the changes take effect. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms.

Notice Period. For material changes that negatively affect your rights, we will provide at least 30 days' notice before the changes take effect, except where a shorter period is required by law or necessary to address security or legal issues.


18. Dispute Resolution

Informal Resolution First. Before initiating any formal legal proceeding, you agree to contact us at support@fragments.fm to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days. Most disputes can be resolved this way.

EU Online Dispute Resolution. If you are a consumer in the European Union, you may also submit complaints through the EU Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. Our email address for ODR purposes is support@fragments.fm.

Consumer Protection Authority. Finnish consumers may also contact the Consumer Disputes Board (Kuluttajariitalautakunta) at www.kuluttajariita.fi for dispute resolution.


19. Governing Law and Jurisdiction

These Terms are governed by the laws of Finland, without regard to conflict of law principles.

For Consumers. If you are a consumer residing in the European Union, you will benefit from any mandatory provisions of consumer protection law in your country of residence, and you may bring legal proceedings in the courts of your country of residence.

For Businesses. If you are a business, any disputes arising from these Terms or the Services shall be resolved exclusively in the courts of Helsinki, Finland.


20. Force Majeure

We will not be liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to: natural disasters, acts of war or terrorism, epidemics or pandemics, labor disputes, government actions, internet or telecommunications failures, power outages, or cyberattacks. During such events, our obligations are suspended for the duration of the event.


21. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and A08 Consulting regarding the Services and supersede all prior agreements.

Severability. If any provision of these Terms is held to be invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions will continue in full force and effect.

No Waiver. Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision.

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.

Language. These Terms are drafted in English. If we provide a translation, the English version will prevail in case of conflict.


22. Contact Us

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

A08 Consulting
Ratakatu 9 B 11
00120 Helsinki, Finland

General inquiries and support: support@fragments.fm
Legal, privacy, and copyright matters: legal@fragments.fm


By using Fragments.fm, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.