Terms of Use

1.1 Age and capacity. You must be at least 18 years old and have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of an entity (for example, a band, a production company, or a management firm), you represent that you have authority to bind that entity to these Terms, and "you" includes that entity.

1.2 Accurate information. You represent that all information you provide through the Site or the Service is accurate, current, and complete. You agree to update it promptly if it changes. We may decline to process, or may withdraw, an application that contains materially inaccurate or incomplete information.

1.3 One application at a time. Unless we agree otherwise in writing, you may submit only one active application at a time. If you wish to reapply after a declined or withdrawn application, contact us.

2.1 What SPX does. SPX markets creator funding opportunities, collects and reviews applications, qualifies applicants based on catalog, channel, streaming, and revenue information, and refers qualified applicants to third-party funding partners. SPX may also provide general information about funding options, the application process, and the creator funding market.

2.2 What SPX does not do. SPX does not:

• Provide advances, loans, or any form of funding from its own capital.
• Guarantee that you will receive a funding offer, or that any offer will be for a particular amount, rate, or term.
• Set the terms of any funding offer. All offer amounts, terms, rates, and conditions are determined by the funding partner.
• Act as your agent, fiduciary, financial advisor, or legal advisor.
• Take ownership or control of, or any lien or security interest in, any music catalog, masters, publishing rights, YouTube channel, or advertising revenue.
• Act as the counterparty on any funding agreement. The funding agreement is between you and the funding partner.
• Conduct identity verification or collect government-issued identification or bank account information. Identity and banking verification for funding disbursement are handled by the funding partner directly.

2.3 Funding partners. At publication, our funding partners are:

• For music advances: Snafu (snafurecords.com) and Sound Royalties (soundroyalties.com).
• For YouTube advances: Viewture (viewture.com) and Sound Royalties (soundroyalties.com).

We may add, remove, or replace funding partners at any time. We will update this section when that happens but will not individually notify applicants who do not have an active application at the time of the change.

2.4 Timelines are estimates. Any timeline described on the Site or in communications with you (for example, time to receive an offer or time to funding) is an estimate based on typical processing, not a guarantee. Actual timing depends on the complexity of your catalog or channel, the completeness of your application, the funding partner's review process, and factors outside our control. SPX is not liable for delays in any funding partner's review, offer, or disbursement.

3.1 SPX refers; the partner funds. When SPX refers your application to a funding partner, the partner independently evaluates your catalog, channel, earnings, and eligibility. If the partner decides to make an offer, that offer comes from the partner, not from SPX. If you accept the offer and sign a funding agreement, that agreement is between you and the funding partner. SPX is not a party to it.

3.2 Read the funding agreement. Before you sign any funding agreement, read it carefully. The funding partner's agreement governs your rights and obligations for the funded transaction, including repayment or revenue-sharing terms, default and cure provisions, and any security interest or revenue-direction arrangement. SPX does not control, and is not responsible for, the terms of the funding partner's agreement.

3.3 Funding partner's own policies. Each funding partner has its own privacy policy, terms of service, and dispute resolution process. SPX is not responsible for the funding partner's conduct, decisions, or data practices. Questions or disputes about a funded transaction should be directed to the funding partner, not to SPX, unless the question relates specifically to SPX's own fee or referral service.

4.1 Fee structure. SPX charges a platform usage fee for its qualification and referral services. The fee is calculated as a percentage of the funded amount as follows:

• Funded amounts under $500,000: 15% of the funded amount.
• Funded amounts of $500,000 or more: 10% of the funded amount.

The "funded amount" means the gross amount disbursed to you (or to be disbursed to you) by the funding partner under the funding agreement.

4.2 When the fee applies. The platform usage fee applies only when a referral results in a funded transaction. If your application is declined, withdrawn before a funded offer is accepted, or does not result in funding for any reason, no platform usage fee is owed.

4.3 Withdrawal after accepted offer. If SPX secures a funded offer at or above the amount you agreed to pursue, and you accept that offer but then withdraw or fail to complete the transaction through no fault of the funding partner or SPX, the platform usage fee remains owed in full, calculated on the funded amount stated in the accepted offer. This provision exists because SPX has completed the service (qualification and successful referral) at the point of your acceptance.

4.4 Fee collection. The method, timing, and authorization for collection of the platform usage fee will be described in your Creator Service Agreement. You will receive a clear statement of the fee amount before any payment is processed.

4.5 Taxes. You are responsible for any taxes, duties, or government charges imposed on your payment of the platform usage fee, except for taxes on SPX's own income.

4.6 No other fees. SPX does not charge an application fee, a qualification fee, or any upfront fee. The platform usage fee described in this Section 4 is the only fee SPX charges to creators.

5.1 Platform usage fee (paid by you). As described in Section 4, SPX charges you a platform usage fee on funded transactions. This is the only fee you pay to SPX.

5.2 Referral commission (paid by the funding partner). When a referral results in a funded transaction, the funding partner pays SPX a referral commission or fee. This commission is separate from the platform usage fee. It does not reduce the amount of your advance, is not deducted from any payment the funding partner makes to you, and does not come out of the funded transaction. It is disclosed here so you are aware that SPX has a financial relationship with the funding partners it recommends.

6.1 Application submission. To apply, you submit the information and documentation described on the Site and requested during the application process. This typically includes identity and contact details, catalog or channel information, and earnings documentation. You may also be asked to authorize third-party sources to share records with SPX (see our Privacy Policy for details).

6.2 Qualification and referral. SPX reviews your application for completeness, assesses your earnings and eligibility, and decides whether to refer your application to one or more funding partners. SPX may decline an application for any reason, including insufficient earnings history, incomplete documentation, or ineligibility for the funding products currently available through SPX. SPX is not required to give reasons for declining an application.

6.3 Funding partner verification. If a funding partner approves your application and you accept a funded offer, the funding partner will require you to complete its own identity and banking verification (commonly called know-your-customer or KYC verification) before disbursing funds. That verification is conducted by the funding partner directly. SPX does not collect your government-issued identification or bank account information for that process. You agree to cooperate with the funding partner's verification requirements promptly and in good faith. If you fail to complete the partner's verification within the timeframe the partner specifies, the partner may withdraw its offer and the referral may lapse. If the offer lapses because you failed to complete verification, Section 4.3 applies.

6.4 Secure submission. Documents and information submitted to SPX as part of your application should be submitted only through the method SPX identifies for that purpose. Do not send sensitive documents through ordinary email. SPX will never ask for your YouTube, Google, streaming service, or bank password. Government-issued identification and bank account information for funding disbursement are submitted directly to the funding partner through the partner's own verification process.

7.1 Ownership. You retain ownership of the documents, data, and other content you submit through the Service ("Your Content"). By submitting Your Content, you grant SPX a limited, non-exclusive, royalty-free license to use, copy, store, and transmit Your Content solely for the purposes of providing the Service: qualifying your application, making a referral, communicating with you and the funding partner about your application, processing the platform usage fee, and complying with legal obligations. This license ends when your information is deleted in accordance with our Privacy Policy, except to the extent we are required to retain records for legal, tax, or compliance purposes.

7.2 Accuracy and authorization. You represent that Your Content is accurate, that you have the right to submit it, and that submitting it does not violate any agreement you have with a third party. If Your Content includes information about other people (for example, co-writers or band members named in a split sheet), you represent that you have their authorization to share that information with SPX and the funding partner for the referral.

7.3 No obligation to proceed. Submitting an application does not obligate SPX to refer it or any funding partner to make an offer. Submitting an application does not obligate you to accept any offer, except that if you accept an offer and then withdraw, Section 4.3 applies.

8.1 SPX property. The Site, the SPX name and logo, the platform model, and all text, graphics, design, software, and other materials on the Site (collectively, "SPX Materials") are owned by or licensed to SPX and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from SPX Materials without our prior written consent.

8.2 Limited access license. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal, non-commercial purpose of evaluating and applying for creator funding through SPX. This license does not include the right to scrape, crawl, or use automated tools to access the Site, to use the Site or SPX Materials for any competing service, or to frame or mirror any part of the Site.

8.3 Feedback. If you provide suggestions, ideas, or feedback about the Service, we may use them without restriction or compensation to you.

You agree not to:

• Provide false, misleading, or fraudulent information in an application.
• Submit earnings documentation, rights information, or identity documents that belong to another person or entity without proper authorization.
• Use the Service for any unlawful purpose, or to facilitate fraud, money laundering, or other illegal activity.
• Interfere with or disrupt the Site, the Service, or any server or network connected to it.
• Attempt to gain unauthorized access to any part of the Site, other users' information, or SPX's systems.
• Use automated means (bots, scrapers, or similar tools) to access or interact with the Site without our prior written consent.
• Circumvent, disable, or interfere with any security feature of the Site.
• Use the Service to collect information about funding partners, their terms, or their processes for any purpose other than your own application.

10.1 "As is" and "as available". The Site and the Service are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by law, SPX disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

10.2 No guarantee of funding. SPX does not guarantee that you will be referred to a funding partner, that a funding partner will make an offer, that any offer will be for a particular amount or on particular terms, or that any funding will be disbursed within a particular timeframe. The funding decision belongs to the funding partner.

10.3 No endorsement of funding terms. SPX does not endorse, guarantee, or take responsibility for the terms of any funding agreement between you and a funding partner. You are responsible for reading and understanding any agreement before you sign it. SPX recommends that you consult your own legal, financial, or tax advisor before entering into a funding agreement.

10.4 Third-party content and links. The Site may contain links to third-party websites and content that SPX does not control. SPX is not responsible for the accuracy, legality, or content of third-party sites, and linking to them does not imply endorsement.

10.5 Published partner positions. Where SPX repeats a funding partner's published statements (for example, about creators retaining ownership of their intellectual property), SPX is reporting what the partner publishes. The funding agreement you sign with the partner governs your rights. SPX is not responsible for the accuracy of a partner's published statements or for any difference between a partner's marketing and its contract terms.

11.1 Cap on damages. To the fullest extent permitted by law, SPX's total liability to you for all claims arising out of or related to these Terms, the Site, or the Service, whether in contract, tort (including negligence), strict liability, or any other legal theory, will not exceed the greater of: (a) the total platform usage fees you have actually paid to SPX in the 12 months before the event giving rise to the claim, or (b) $500.

11.2 No consequential damages. To the fullest extent permitted by law, SPX will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to these Terms, the Site, or the Service, even if SPX was advised of the possibility of such damages.

11.3 Funding partner actions. SPX is not liable for any act or omission of a funding partner, including the partner's decision to approve or decline an application, the terms of the partner's funding offer, delays in funding disbursement, the partner's performance of the funding agreement, or the partner's handling of your data after referral.

11.4 Applicability. Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the limitations in this section apply to the fullest extent permitted by applicable law.

You agree to indemnify, defend, and hold harmless SPX, its officers, directors, members, employees, agents, and service providers from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your breach of these Terms.
• Your violation of any law or regulation.
• Your Content, including any claim that it infringes or violates a third party's rights.
• Any dispute between you and a funding partner.
• Your use of the Site or the Service in a manner not authorized by these Terms.
• False, misleading, or fraudulent information you provide in an application.

13.1 Governing law. These Terms, and any dispute arising out of or related to them, the Site, or the Service, are governed by the laws of the State of New York, without regard to its conflict-of-laws principles.

13.2 Informal resolution first. Before filing any formal proceeding, you agree to contact us at info@thesocialplaylist.com and attempt to resolve the dispute informally for at least 30 days. Most disputes can be resolved without formal proceedings.

13.3 Binding arbitration. If informal resolution does not succeed, any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Service (except for claims described in Section 13.5) will be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator in New York, New York (or, at your election, by videoconference). The arbitrator may award the same relief that a court could award. The arbitrator's decision is final and may be enforced in any court with jurisdiction.

13.4 Class action waiver. You and SPX each agree that any dispute will be resolved on an individual basis only. Neither you nor SPX may bring a claim as a plaintiff or class member in any class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class, consolidated, or representative proceeding.

13.5 Exceptions. Either party may bring a claim in small claims court in New York County, New York, if the claim qualifies. Either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, confidential information, or data security obligations.

13.6 Opt-out right. You may opt out of the arbitration and class action waiver provisions in Sections 13.3 and 13.4 by sending written notice to info@thesocialplaylist.com within 30 days of first accepting these Terms. The notice must include your name, the email address associated with your application (if any), and a clear statement that you opt out of arbitration. If you opt out, disputes will be resolved in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of those courts.

13.7 Fees. If you are unable to afford the arbitration filing fee, SPX will pay it. Each party bears its own attorneys' fees unless the arbitrator awards fees to the prevailing party under applicable law.

14.1 Term. These Terms remain in effect for as long as you use the Site or have an active or pending application.

14.2 Your right to stop. You may stop using the Site at any time and may withdraw an application by contacting us (see Section 6 and the Privacy Policy regarding withdrawal). Withdrawal does not relieve you of obligations that arose before withdrawal, including the platform usage fee if Section 4.3 applies.

14.3 Our right to terminate. We may suspend or terminate your access to the Site or the Service, or decline to process an application, at any time for any reason, including breach of these Terms, suspected fraud, or if we discontinue the Service. Where practicable, we will provide notice before or at the time of termination.

14.4 Survival. Sections 4 (Platform Usage Fee, to the extent a fee is owed), 5 (Compensation Disclosure), 7.1 (license grant, to the extent needed for retained records), 8 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 13 (Dispute Resolution), and 17 (General) survive termination.

We may update these Terms from time to time. When we do, we will post the updated Terms on this page and change the "Last updated" date at the top. If a change is material (for example, a change to the fee structure or to the dispute resolution process), we will provide notice by posting a prominent notice on the Site or, where you have an active application, by emailing you before the change takes effect. Your continued use of the Site after updated Terms take effect means you accept the updated Terms. If you do not agree to updated Terms, stop using the Site.

16.1 From us. By submitting an application or contacting us through the Site, you consent to receive communications from SPX by email, phone, or other contact method you provide, related to your application, your referral, billing, and the Service. These are transactional communications, not marketing. You may separately opt in to marketing communications and may unsubscribe from them at any time.

16.2 To us. Questions, notices, and requests under these Terms should be sent to info@thesocialplaylist.com or to the mailing address in Section 18.

17.1 Entire agreement. These Terms, together with the Privacy Policy and any Creator Service Agreement you enter into, constitute the entire agreement between you and SPX regarding the Site and the Service, and supersede all prior or contemporaneous agreements, communications, and proposals on that subject.

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

17.3 Waiver. SPX's failure to enforce any provision of these Terms is not a waiver of that provision or of any other provision.

17.4 Assignment. You may not assign or transfer these Terms or your rights under them without our prior written consent. SPX may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets, without your consent but with notice.

17.5 No third-party beneficiaries. These Terms do not create any third-party beneficiary rights, except that SPX's officers, directors, members, employees, agents, and service providers are intended third-party beneficiaries of Sections 10, 11, and 12.

17.6 Headings. Section headings are for convenience only and do not affect interpretation.