1. Definitions

In these Terms, the following capitalised terms have the meanings set out below:

• "Flotion", "we", "us", "our": Flotion Records, registered with the Dutch Chamber of Commerce under KvK number 92478875, VAT number NL866065994B01, located in Zuid-Holland, Netherlands.
• "Site": the website at flotionrecords.com and all subdomains.
• "Service" or "Services": any service offered by Flotion through the Site, including but not limited to Track Review, Curator Network membership, Sync Licensing, Music on Demand and label demo submissions.
• "User", "you", "your": any natural person or legal entity using the Site or buying any Service.
• "Submitter": a User who submits a track for paid Track Review or free demo review.
• "Curator": an approved third-party Spotify playlist owner who joins the Curator Network to review submissions and potentially place tracks on their playlist(s).
• "Submission": a track, audio file, link or any other material the User uploads or shares with us through the Site.
• "Content": anything created by Flotion or by Users through the Services, including audio, artwork, metadata and written feedback.
• "DSP": Digital Service Provider, including Spotify, Apple Music, Tidal, Amazon Music, Deezer, YouTube Music and similar streaming or download platforms.
• "Stripe": Stripe Payments Europe Ltd, our third-party payment processor.

2. Acceptance and changes

2.1 Binding agreement. By accessing or using the Site, submitting a track, applying as a Curator, or paying for any Service, you agree to be bound by these Terms and by our Privacy Statement. If you do not agree, do not use the Site or our Services.

2.2 Changes. We may update these Terms at any time. The "Last updated" date at the top reflects the latest revision. Material changes will be communicated by email to active Users where reasonably possible, and posted on this page at least 14 days before they take effect. Continued use of the Site or Services after changes take effect constitutes acceptance of the revised Terms.

2.3 Conflict. If there is any conflict between these Terms and any other communication, document or oral statement made by Flotion or its representatives, these Terms prevail unless we have explicitly agreed otherwise in writing and signed by an authorised representative of Flotion.

2.4 Severability. If any provision is found unenforceable, the rest remains in full effect and the unenforceable provision will be replaced by an enforceable one that comes closest to its original intent.

3. Eligibility and account

3.1 Age and capacity. You must be at least 18 years old or have explicit permission from a legal guardian to use the Services. By using the Services you represent that you have full legal capacity to enter into these Terms.

3.2 Accuracy. Information you provide (artist name, email, payment details, playlist URLs, etc.) must be accurate, current and complete. You are responsible for keeping it up to date and for any consequences of providing inaccurate information.

3.3 No transfer. Your right to use the Services is personal and non-transferable. You may not let any third party use the Services on your behalf or under your name without our prior written consent.

3.4 Right to refuse. We reserve the right, in our sole discretion and without prior notice, to refuse, suspend or terminate Service for any User who in our reasonable judgment violates these Terms, applicable law, or community standards, or whose participation creates risk for Flotion, our other Users or our Curators.

4. Track Review service

4.1 What Track Review is

Track Review is a paid (or free) service in which our curator team and/or Curators in our Network listen to your Submission and respond with a decision and written feedback. Track Review is a payment for our and our Curators' listening time and written feedback. It is not a payment for placement on any specific playlist, for any specific number of streams, or for any commercial outcome.

4.2 Tiers and SLA

• Standard (€3): Submission reviewed within 72 hours of payment confirmation, with short feedback (1 to 2 sentences). If accepted, the track may be added to a matching Flotion or Curator Network playlist.
• Express (€6): Reviewed within 24 hours via priority queue. Otherwise identical to Standard.
• Detailed (€10): Reviewed within 24 to 72 hours. Feedback includes at least three sentences covering mix, arrangement and concrete production tips.
• Free tier: No fee, no time guarantee, no playlist match. We listen and respond when capacity allows, typically within a few weeks. The Free tier is for genres outside our curated focus.

4.3 Refund policy for Track Review

• SLA missed: if we do not deliver a written response within the agreed window for a paid tier, you receive an automatic full refund of the fee paid.
• Reviewed and rejected: if we review your Submission within the SLA and decline to place it, no refund is given. The fee paid for the curator's listening time and written feedback you received. This trade-off is the foundation of the service and is made clear at checkout, on the services page, in the order page, and here.
• Reviewed and accepted: no refund. The Service has been delivered as advertised.
• Free tier: non-refundable by definition (no fee was paid).
• Right of withdrawal (consumer): consumers in the EU normally have a 14-day right of withdrawal for online purchases. By proceeding with a Track Review purchase you expressly request immediate performance and acknowledge that you lose your right of withdrawal once the review starts (Article 7:408 sub. 2 BW and Article 6:230p BW). This is a digital service that is fully performed as soon as the curator listens.

4.4 Placement is discretionary

Placement on any Flotion or Curator playlist is at the sole discretion of the curator who reviews your Submission. Submitting a track, paying any fee, or being a former Flotion artist does not entitle you to placement, prioritisation, or any specific outcome. We make no claims, promises or guarantees regarding the number of streams, saves, followers, royalty income, chart position, audience reach, or any other commercial result.

4.5 Limited license to use accepted tracks

By submitting a track for review, you grant Flotion and any Curator we route your Submission to a worldwide, non-exclusive, royalty-free, revocable license to:

• Listen to, evaluate and discuss the track internally;
• If accepted, add the track to one or more Flotion or Curator playlists, including curated public Spotify playlists;
• Mention the track in marketing materials related to the playlist (e.g. "now playing", "fresh adds");
• Process the track via DSP APIs and stream-tracking tools as required to deliver the Service.

You may revoke this license at any time by emailing contact@flotionrecords.com. We will remove the track from our playlists within 7 business days of your written request.

4.6 No bots, no fake streams

Flotion does not use, condone or accept the use of bots, fake accounts, click farms, stream-laundering, or any artificial method that violates Spotify's or any DSP's Terms of Service. All streams on our playlists come from real human listeners. If we believe a Submission is part of a stream-fraud scheme or that the Submitter is engaged in such practices, we may immediately remove the track, suspend the account, withhold any pending payouts, and report the matter to Spotify, the appropriate distributor and, where applicable, law enforcement. No refund is owed in such cases.

4.7 No relationship with the DSP

Flotion is not affiliated with, endorsed by, or operated by Spotify, Apple, Tidal or any other DSP. Use of any DSP is governed by that DSP's own Terms of Service, which apply between you and the DSP directly. Flotion has no power to influence DSP editorial playlists, algorithmic recommendations, or any DSP-internal moderation decisions.

5. Curator Network

5.1 Application and approval

Anyone who curates one or more Spotify playlists may apply to join the Curator Network via the curators page. Acceptance is at our sole discretion based on:

• Authenticity of followers (we may use third-party tools to detect fake followers);
• Genuine, recent curation activity (last 30 days minimum);
• Genre clarity and relevance;
• Reputation and any prior conduct on the Site;
• Available capacity in the relevant genre.

We may reject applications without giving a reason. Approval may be revoked at any time, including without prior notice, in cases of breach of these Terms or change in playlist quality.

5.2 Independent contractor relationship

The Curator is an independent contractor, not an employee, agent, partner or joint-venture partner of Flotion. Nothing in these Terms creates an employment relationship, agency, franchise or partnership. Curators have no authority to bind Flotion, make representations on Flotion's behalf, or enter into agreements in Flotion's name. Curators are solely responsible for their own income tax, social security contributions, BTW (where applicable), business registration, insurance and any other obligations that arise from acting as an independent service provider in their jurisdiction.

5.3 Compensation model

Curators are compensated on a performance basis, calculated from the streams that Submissions placed on their playlist(s) generate, as measured by Spotify for Artists per-playlist attribution. The exact rate per stream and tier structure are communicated to Curators after approval and may be adjusted at any time at our reasonable discretion, with at least 30 days' notice for any rate decrease.

5.4 Stream measurement

Stream counts and per-playlist attribution are taken from Spotify for Artists. We treat these numbers as the authoritative source. We are not responsible for inaccuracies, delays, retroactive corrections, fraud reversals or any other adjustments made by Spotify. If Spotify retroactively removes streams (for example because they were classified as artificial), the corresponding earnings are also removed from our calculation, and any payout already made may be deducted from future payouts or recovered.

5.5 Payouts

• Earnings are paid out monthly via SEPA bank transfer in EUR, in the first week of the month following the qualifying period.
• Minimum payout threshold: €25. Below threshold, the balance rolls over.
• Payouts are processed only when we have valid IBAN details, a valid email address, and (where applicable) a valid VAT/BTW invoice from the Curator.
• Bank fees, currency conversion fees, returned-payment fees, and tax withholdings (if any) are deducted from the payout.
• We may pause, withhold or reverse a payout for up to 90 days if we are investigating fraud, bot streams, breach of these Terms, or chargebacks tied to the relevant streams. Payment will be released in full once the investigation completes, minus any amounts attributable to fraudulent or refunded transactions.

5.6 Curator obligations

By participating in the Curator Network you agree to:

• Make independent, honest curatorial decisions based on your own taste and your audience's interests, not on the size of any payment;
• Respond to assigned Submissions within the SLA you committed to;
• Not accept any side payments, kickbacks, gifts or other consideration from Submitters in exchange for placement;
• Not use bots, fake followers, stream manipulation or any other artificial means;
• Maintain accurate playlist information (genre, follower count, ownership);
• Comply with Spotify's Terms of Service at all times;
• Notify us immediately if you lose ownership of a playlist or if a playlist is removed by Spotify.

5.7 Strikes, suspension and removal

We operate a strike system to maintain quality:

• Missed SLA: 1 strike. 3 strikes within a rolling 30-day period results in 30-day suspension.
• Two suspensions in 12 months: permanent removal from the Network.
• Bot streams, fraud, kickbacks, or other serious breach: immediate permanent removal, forfeiture of any pending payouts, and possible legal action.

6. Sync Licensing

• Personal Use license: permits use in non-commercial projects (YouTube videos, podcasts, personal social media). Not transferable.
• Commercial Use license: permits use in paid advertisements, brand content, commercial videos and broadcast media for the territory and term specified in the license agreement.
• Exclusive license: transfers exclusive use rights for the term and territory agreed; pricing is determined per track on a quote basis.
• Restrictions: no license includes the right to claim authorship, register copyright, sub-license, modify the underlying composition, or use the music in connection with content that promotes hate, illegal activity, sexually explicit content, weapons, gambling, political campaigns, or anything that brings Flotion or the original artist into disrepute.
• Credits: credit must be given as specified in the license document. Removal of credit terminates the license automatically and the User must remove the music immediately.
• Refunds: license fees are non-refundable once we have delivered the audio files and license document.

7. Music on Demand

• Album (€99): 10-track album in 1 genre of the User's choice. Includes a marketing strategy document.
• Triple Album (€249): 3 albums of 10 tracks each, each in a different genre. Includes marketing strategy.
• Brand Sound: custom sonic identity (jingle, intro/outro, background tracks). Quoted on a per-project basis.
• Process: User provides a brief; we deliver a first draft within the agreed delivery window; the package includes a fixed number of revision rounds. Additional revisions are billed at our standard hourly rate.
• Cancellation: 50% refund if the User cancels before any production work begins. Once we have started producing (typically the same day as payment), no refund is available.
• Ownership transfer: on full payment and final delivery, copyright in the produced master recordings transfers to the User, except for any third-party samples or stock elements (which remain governed by their original licenses) and except for an irrevocable, royalty-free license back to Flotion to use excerpts of the work for portfolio and marketing purposes.
• Distribution: distribution to DSPs is the User's responsibility unless explicitly included in writing.

8. Label demo submissions

The "Submit Demo" form on the homepage is for free Artist & Repertoire (A&R) consideration for potential release on the Flotion Records label. By using it you acknowledge:

• The submission is free and creates no contract;
• Reviewing demos for label release is at our sole discretion;
• We aim to respond within 7 days but do not guarantee any response, timeline or outcome;
• If we are interested in releasing the demo, a separate written contract will be negotiated; nothing in these Terms creates a release commitment;
• Demo submissions are not paid review and do not get prioritised playlist consideration. For paid review use the Track Review service.

9. Payments, taxes and refunds

9.1 Payment processor. All payments are processed by Stripe Payments Europe Ltd, an FCA-licensed payment institution. Card data is collected and stored exclusively by Stripe under their security and compliance regime; Flotion never sees, stores or transmits card details.

9.2 Currency. Prices are stated in Euro (EUR). Stripe Adaptive Pricing may convert prices to your local currency at checkout. Currency conversion fees and bank fees are not refunded in case of a refund.

9.3 Taxes. Prices include applicable EU VAT (BTW) where charged. For B2B customers in the EU outside the Netherlands, VAT may be reverse-charged on production of a valid VAT number. For customers outside the EU, prices are exclusive of any local taxes, duties or import fees, which are the User's responsibility.

9.4 Failed payments and chargebacks. If a payment fails, is reversed, charged back or otherwise becomes uncollected after a Service has been started or delivered, we may immediately suspend any related output (remove tracks from playlists, cancel pending revisions, retract licenses, etc.) and pursue recovery of any costs and reasonable legal fees from the User.

9.5 Refunds where applicable. Refund eligibility is set per Service in the relevant section above. Where a refund is owed, it is paid back to the original payment method within 14 business days. Refunds always exclude payment-processing fees, currency conversion costs and any third-party costs we have already incurred.

10. Your obligations and warranties

By using the Site or any Service you represent and warrant that:

• You own, control or have full authorisation to share, license and (for accepted Submissions) authorise placement of all tracks, files, names, images and other content you upload, including all underlying compositions, master recordings, vocal performances, samples, sample clearances and any third-party rights;
• Nothing you upload infringes any copyright, trademark, right of publicity, privacy right, or any other right of any third party;
• You have all necessary permissions from co-writers, producers, featured artists and rights holders to submit the track, including necessary clearances under applicable PRO/PMO/collecting-society rules;
• You will not upload malware, viruses, harmful code, or content that is illegal in the Netherlands or in your own jurisdiction (CSAM, terrorism content, etc.);
• You will not attempt to reverse-engineer, scrape, overload, attack or compromise the Site or any of our service providers' systems;
• Information you provide (artist details, payment information, playlist data, follower counts) is true, accurate and not misleading;
• You will not use the Service to launder money, evade taxes, manipulate streams, or commit any other criminal or fraudulent activity.

Breach of any of these warranties is grounds for immediate suspension or termination, full forfeiture of any pending payouts or fees paid, and potential legal action.

11. Intellectual property

11.1 Our IP. The Site, the Flotion Records name and logo, our custom playlists' titles and artwork, our written content, our software, our graphic design and all underlying code are owned by or licensed to Flotion. You may not copy, modify, redistribute or create derivative works without prior written permission.

11.2 Your content. You retain ownership of all music, audio files, written notes and other materials you submit. You grant Flotion the limited licenses described in Section 4.5 (Track Review), Section 6 (Sync Licensing) and Section 7 (Music on Demand) as applicable. Outside those specific licenses we claim no ownership over your content.

11.3 Feedback as our work. Written feedback we provide is our intellectual property. You may use it privately to improve your music; you may not republish, sell or use it as marketing material implying endorsement without written permission.

11.4 DMCA / Copyright complaints. If you believe content on the Site infringes your copyright, contact contact@flotionrecords.com with: identification of the work, your contact details, the location of the alleged infringement, a good-faith statement that the use is unauthorised, and a statement under penalty of perjury that you are the rights holder or authorised to act on their behalf. We will respond within a reasonable time.

12. Disclaimers (no warranties)

12.1 AS IS / AS AVAILABLE. The Site and Services are provided "AS IS" and "AS AVAILABLE", without warranty of any kind, whether express, implied, statutory or otherwise. To the maximum extent permitted by applicable law, Flotion expressly disclaims all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, completeness or quiet enjoyment;
• Warranties arising from course of dealing or course of performance.

12.2 No commercial-outcome guarantees. We do not warrant or guarantee:

• That your track will be accepted, placed, kept on a playlist, or generate any specific number of streams, saves, followers, royalty income, chart position or other commercial result;
• That custom-produced music will achieve any specific creative, commercial or marketing outcome;
• That the Site or any third-party service we depend on (Stripe, Formspree, Google, GitHub, Spotify, Cloudflare, etc.) will be uninterrupted, error-free, secure, free of viruses, or available at all times;
• That stream attribution data, follower counts or any other figures shown by Spotify for Artists or any other DSP are accurate, complete or final.

12.3 Third-party services. We integrate with third parties whose services we do not control (Stripe, Formspree, Google Analytics, Spotify, etc.). We are not liable for any failure, delay, data loss, security incident, change of terms or discontinuation by any third party. Your use of any third-party service is governed by that party's own terms.

13. Limitation of liability

13.1 Cap on damages. To the maximum extent permitted by Dutch and EU law, our total aggregate liability to any User arising out of or related to the Site, the Services or these Terms (whether in contract, tort, statute or otherwise) is capped at the greater of:

• (a) the total amount that User has paid to Flotion in the 12 months preceding the event giving rise to the claim, or
• (b) one hundred euros (€100).

13.2 Excluded damages. In no event will Flotion be liable for any:

• Indirect, incidental, special, consequential, exemplary or punitive damages;
• Lost profits, lost revenue, lost royalties, lost streaming income, lost goodwill or reputational damage;
• Loss of opportunity, loss of contracts or expected commercial relationships;
• Damages arising from a third party's actions, decisions or systems (including DSPs, payment processors, hosting providers, governments and Curators);
• Damages arising from User's failure to comply with these Terms or applicable law;
• Damages caused by Force Majeure (Section 16).

This applies even if Flotion has been advised of the possibility of such damages.

13.3 Mandatory law carve-out. Nothing in these Terms excludes or limits Flotion's liability for: (a) intentional misconduct or gross negligence by Flotion or its directors; (b) death or personal injury caused by our negligence; or (c) any liability that cannot be excluded under applicable mandatory law (including Dutch consumer law where the User is a consumer).

13.4 Time limit. Any claim arising out of or relating to these Terms must be brought within one (1) year after the cause of action accrues, or it is permanently barred, except where applicable mandatory law provides a longer minimum period.

14. Indemnification

You agree to defend, indemnify and hold harmless Flotion, its directors, employees, contractors, Curators and affiliates from and against any and all claims, damages, losses, liabilities, costs and expenses (including reasonable legal fees) arising out of or related to:

• Any Submission you upload or share, including third-party copyright, trademark, defamation or right-of-publicity claims;
• Your breach or alleged breach of any warranty in Section 10;
• Your violation of any law or third-party right;
• Your use or misuse of the Site or any Service;
• Disputes between you and any third party (including a Curator, another User, a DSP or a tax authority) concerning the Service.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us. You may not settle any matter without our prior written consent.

15. Termination and suspension

15.1 By us. We may, at any time and without prior notice, suspend or terminate your access to the Site or any Service, withhold pending payouts, remove tracks from playlists, and revoke licenses, if we reasonably believe you have:

• Breached these Terms;
• Engaged in fraud, stream manipulation or any unlawful activity;
• Created risk of harm to Flotion, our Users, our Curators or our service providers;
• Become subject to insolvency proceedings.

15.2 By you. You may stop using the Site at any time. To request deletion of your data, email contact@flotionrecords.com. Outstanding obligations (such as payments owed, indemnification, license terms for already-delivered work) survive termination.

15.3 Effect of termination. Termination does not entitle you to a refund except as expressly provided. Sections 4.5, 6, 7, 9, 10, 11, 12, 13, 14, 17 and 19 survive termination.

16. Force majeure

Flotion is not liable for any failure or delay in performance to the extent caused by events beyond our reasonable control, including but not limited to: acts of God, natural disasters, fire, flood, earthquake, war, terrorism, civil unrest, riots, government action, sanctions, export restrictions, pandemics or epidemics (including COVID-19 and any successor or variant), shortages of labour or materials, internet or telecommunications failures, power outages, cyberattacks, denial-of-service attacks, downtime, outages, API changes or service discontinuation by any DSP, payment processor, hosting provider, email provider or other third party we depend on, and any other event beyond our reasonable control. The performance period is extended for the duration of the Force Majeure event.

17. Governing law and disputes

17.1 Governing law. These Terms and any dispute arising from them are governed exclusively by the laws of the Netherlands, excluding the United Nations Convention on Contracts for the International Sale of Goods and excluding rules of conflict of laws.

17.2 Mandatory consumer rights. If you are a consumer in the EU, this choice of law does not deprive you of mandatory protections under the law of your habitual residence.

17.3 Negotiation first. Before starting any formal proceeding, the parties agree to attempt good-faith resolution by email for at least 30 days, addressed to contact@flotionrecords.com.

17.4 Court. If the dispute is not resolved within 30 days, the District Court of Rotterdam (Rechtbank Rotterdam) has exclusive jurisdiction, except where mandatory consumer-protection rules require a different court.

17.5 Online Dispute Resolution. Consumers in the EU may also refer disputes to the European Online Dispute Resolution platform: ec.europa.eu/consumers/odr.

18. Privacy and data protection

How we handle personal data is described in detail in our Privacy Statement, which is part of these Terms by reference. By using the Site you agree to the data practices described there.

19. Miscellaneous

19.1 Entire agreement. These Terms, together with the Privacy Statement and any specific written agreement we sign with you for a custom Service (e.g. an Exclusive Sync License or Brand Sound contract), constitute the entire agreement between you and Flotion regarding the Services and supersede all prior or contemporaneous communications, proposals or agreements.

19.2 Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. We may assign or transfer these Terms freely, including in connection with a merger, acquisition, restructuring or sale of substantially all of our assets, on at least 30 days' notice to active Users.

19.3 Waiver. Our failure to enforce any right or provision is not a waiver of that right. Any waiver must be in writing and signed by us.

19.4 Notices. Notices to you may be given by email to the address you provided. Notices to us must be sent to contact@flotionrecords.com.

19.5 Headings. Headings are for convenience only and have no legal effect.

19.6 Language. These Terms are written in English. If a translation is provided, the English version controls in case of any conflict.

19.7 Independent review. You acknowledge that you have had the opportunity to read these Terms carefully, ask questions and seek independent legal advice before agreeing to them.

20. Contact

For any question about these Terms, contact us at:

Flotion Records
Zuid-Holland, Netherlands
KvK: 92478875 · BTW: NL866065994B01
Email: contact@flotionrecords.com