Terms of Service

Legal agreement between you and NewFans Pro

Last updated: March 22, 2024 • Effective: March 22, 2024

Agreement to Terms

Welcome to NewFans Pro! These Terms of Service ("Terms") govern your access to and use of the NewFans Pro platform, website, and services (collectively, the "Service").

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

Key Points

  • You must be at least 18 years old to use NewFans Pro
  • You are responsible for maintaining the security of your account
  • You retain ownership of your content, but grant us license to use it
  • We may modify these Terms with notice to you

Eligibility

To use NewFans Pro, you must:

  • Be at least 18 years old or the age of majority in your jurisdiction
  • Have the legal capacity to enter into binding contracts
  • Not be prohibited from using the Service under applicable laws
  • Provide accurate and complete registration information

Account Registration & Security

Your Responsibilities

  • Maintain the confidentiality of your account credentials
  • Notify us immediately of any unauthorized access
  • Keep your contact information up to date
  • You are responsible for all activities under your account

Account Types

Artist

Create and manage drops, sell products, engage with fans

Fan

Purchase products, access exclusive content, interact with artists

Subscription Plans & Billing

Pricing, billing, and subscription management

Starter
$14.99/mo
  • • Up to 10 spots on your shelf
  • • Basic features
  • • Email support
Creator
$79.99/mo
  • • Up to 25 spots on your shelf
  • • Advanced features
  • • Priority support
Pro
$149.99/mo
  • • Everything in Creator
  • • App audio previews
  • • Premium support

Billing Terms

  • Subscriptions are billed monthly in advance
  • Automatic renewal unless cancelled before billing date
  • No refunds for partial months or unused features
  • Prices subject to change with 30 days notice

Content & Intellectual Property

Your Content

You retain all ownership rights to content you upload to NewFans Pro. However, you grant us a license to:

  • Host, store, and display your content on our platform
  • Distribute your content to fans who purchase it
  • Use your content for promotional purposes (with your consent)
  • Make technical modifications necessary for platform operation

Content Restrictions

You may not upload content that:

  • Infringes on intellectual property rights of others
  • Contains illegal, harmful, or offensive material
  • Violates any applicable laws or regulations
  • Contains malware, viruses, or malicious code

Ownership Attestation

By uploading content, you attest that you own all rights to the content or have obtained all necessary licenses and permissions. False attestation may result in account termination and legal liability.

Cover Songs Disclosure

IMPORTANT: If you are uploading a cover song (a recording of a song written or originally performed by someone else), you MUST obtain a mechanical license before publishing on NewFans Pro.

Mechanical License Providers:

  • Harry Fox Agency (songfile.com)
  • Loudr (loudr.fm)
  • Easy Song Licensing (easysonglicensing.com)
  • Limelight (limelight.fm)

By checking "This is a cover song" during drop creation, you acknowledge this requirement and confirm you have obtained the necessary mechanical license from the copyright holder or their authorized licensing agent.

Acceptable Use Policy

You agree not to:

Abuse the Platform

Spam, harassment, or disruptive behavior

Circumvent Security

Hack, exploit, or bypass protections

Scrape or Copy

Automated data collection or copying

Impersonate Others

Pretend to be another person or entity

Payment Processing

All payments are processed through Stripe. By using NewFans Pro, you also agree to Stripe's Terms of Service.

For Artists

  • Must complete Stripe Connect Standard onboarding (Direct Charges)
  • Payments deposited directly to your connected account
  • Subject to Stripe's standard processing fees
  • Responsible for applicable taxes on your earnings

For Fans

  • All sales are final unless otherwise stated
  • Refunds subject to our Grace Policy
  • Disputes handled according to our Disputes Policy
  • You are responsible for any applicable taxes

Messaging & Communications

Email & SMS Messaging

  • Artists may send promotional messages to opted-in fans
  • Double opt-in required for marketing communications
  • Fans can opt-out at any time via STOP/unsubscribe
  • Email campaigns managed via NewFans DM (paid plans)

Compliance Requirements

  • Respect quiet hours (default 10 PM - 8 AM local time)
  • Honor per-hour send caps to prevent spam
  • Comply with CAN-SPAM Act and TCPA regulations
  • Maintain accurate consent records

Privacy & Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your data.

Data Retention

  • Raw logs retained for 90 days
  • Message previews retained for 30 days
  • You can request data export or deletion at any time
  • Audit logs maintained for compliance purposes

Disclaimers & Limitations of Liability

Service "As Is"

NewFans Pro is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not guarantee that the Service will be uninterrupted, secure, or error-free.

Limitation of Liability

To the maximum extent permitted by law, NewFans Pro shall not be liable for:

  • • Indirect, incidental, or consequential damages
  • • Loss of profits, revenue, or data
  • • Service interruptions or technical issues
  • • Actions or content of third parties
  • • Unauthorized access to your account

Maximum Liability

Our total liability to you for any claims arising from your use of the Service shall not exceed the amount you paid us in the 12 months preceding the claim, or $100, whichever is greater.

Indemnification

Legal Defense

If NewFans Pro is sued or faces legal action due to your content or actions on the platform, you are responsible for all legal costs, settlements, and judgments. This includes copyright infringement lawsuits, licensing disputes, and claims arising from false representations about rights ownership.

Scope of Indemnity

Your indemnification obligations extend to all costs incurred by NewFans Pro, including:

  • • Legal fees and attorney costs
  • • Court costs and litigation expenses
  • • Settlement amounts and judgments
  • • Investigation and discovery costs
  • • Expert witness fees and damages

Termination

Your Right to Terminate

You may cancel your account at any time through your account settings. Cancellation takes effect at the end of your current billing period.

Our Right to Terminate

We may suspend or terminate your account if:

  • You violate these Terms or our policies
  • Your account is involved in fraudulent activity
  • You fail to pay required fees
  • Required by law or legal process

Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your account data after a reasonable period. You remain liable for any outstanding fees.

Dispute Resolution & Arbitration

Informal Resolution

Before filing a claim, you agree to contact us at hi@newfanspro.com to attempt to resolve the dispute informally. We'll work in good faith to resolve your concerns.

Binding Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration rather than in court, except for small claims court matters or intellectual property disputes.

Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive any right to participate in class actions, class arbitrations, or representative actions.

General Provisions

Governing Law

These Terms are governed by the laws of [Your Jurisdiction], without regard to conflict of law principles.

Entire Agreement

These Terms constitute the entire agreement between you and NewFans Pro regarding the Service.

Severability

If any provision is found unenforceable, the remaining provisions remain in full effect.

No Waiver

Our failure to enforce any right doesn't constitute a waiver of that right.

Changes to Terms

We may modify these Terms at any time. We'll notify you of material changes via email or platform notification at least 30 days before they take effect. Continued use after changes constitutes acceptance.

Contact Us

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

Email: hi@newfanspro.com

Support: hi@newfanspro.com

Address: [Your Company Address]

Phone: [Your Phone Number]

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

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