Kollekt - Terms of Service

1. Introduction

These Terms of Service (the “Terms”) govern your access to and use of the Kollekt platform (the “Platform”), provided by Kollekt Group Oy (business ID: 3336449-2), a company incorporated under the laws of Finland, with its registered address at c/o WA Yhtiöt Oy, Äyritie 12 C, 01510 Vantaa, Finland (“Kollekt”, “we”, “our”, or “us”).

The Platform is an artist-first space where music artists (“Artists”) share moments with their fans, build their own communities, and let those fans support them directly. People who join an Artist’s space on Kollekt are referred to as “Fans”.

1.1 Kollekt as Merchant of Record

Kollekt is the merchant of record for all paid transactions on the Platform, worldwide. This means that when a Fan pays for a subscription, a Drop, or any other Paid Product on Kollekt, the Fan is purchasing from Kollekt. Kollekt charges the Fan, issues the receipt, collects and remits any applicable VAT, sales tax, or equivalent levies, and pays the Artist their share in accordance with these Terms.

The Fan’s contract for the underlying digital service is therefore with Kollekt. Kollekt licenses the Artist’s Content from the Artist and makes it available to the Fan through the Platform. The Artist warrants to Kollekt that they have the rights to make their Content available and remains responsible for delivering the Content and experiences they offer.

1.2 Acceptance

By creating an Account or using any part of the Platform, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.

1.3 Updates

We may update these Terms from time to time. If we make material changes, we will notify you through the Platform or by email at least thirty (30) days before the changes take effect. For Artists and other business users, this notice period reflects our obligations under Regulation (EU) 2019/1150 (the “P2B Regulation”). Continued use of the Platform after the effective date of an updated version constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Platform and may delete your Account.

2. Definitions

For the purposes of these Terms:

• “Account” means a user profile created on the Platform.
• “Admin”means a person granted Admin role within an Artist’s space.
• “Artist” means a User who publishes or offers Content on the Platform, having claimed and verified their Artist page.
• “Chat”means the two-way conversation feature within an Artist’s space.
• “Content” means any material uploaded, published, sent, or otherwise made available by a User via the Platform, including text, images, audio, video, voice notes, and other digital files.
• “Direct Line” means the one-way broadcast feature from the Artist (and authorised role-holders) to Members and Subscribers.
• “Drop” or “Paid Product” means a one-time purchase that grants access to specific Content or experience as configured by the Artist.
• “Fan” means a User who follows or supports one or more Artists on the Platform.
• “Member”means a Fan who has joined an Artist’s space, with or without a paid Subscription.
• “Members-Only Content” means Content visible to Members of an Artist (free Members and Subscribers).
• “Moderator”means a person granted Moderator role within an Artist’s space.
• “Owner” means the Artist who has claimed and verified an Artist page; one Owner per Artist space.
• “Platform” means the Kollekt service, accessible via web at kollekt.io and the Kollekt mobile applications on iOS and Android, together with all associated features and infrastructure.
• “Privacy Notice” means the Kollekt Privacy Notice published at kollekt.io, which forms part of these Terms.
• “Public Page Content”means Content displayed on an Artist’s public Kollekt page (e.g., cover photo, name, link groups, social icons).
• “Service” means the Platform together with any associated features, tools, software, and support services provided by Kollekt.
• “Subscriber” means a Member with an active paid Subscription to an Artist.
• “Subscribers-Only Content” means Content accessible only to Subscribers of the relevant Artist (including Subscribers-Only Direct Line messages and the Subscribers Chat).
• “Subscription” means a recurring paid relationship between a Fan and an Artist that grants access to Subscribers-Only Content for as long as it remains active.
• “User” means any individual or entity that creates an Account and uses the Platform, whether as a Fan or an Artist (or both).
• “Verified Artist”means an Artist whose page has been claimed and verified through Kollekt’s verification process.

3. Eligibility and Account

3.1 Age

By creating an Account, you represent and warrant that:

• you are at least thirteen (13) years old, or the higher minimum age for digital consent in your country (for example, sixteen (16) years in Germany);
• if you are between thirteen (13) and seventeen (17) years old, you have the consent of your parent or legal guardian to use the Platform and to enter into these Terms;
• you have the legal capacity to provide valid consent to the processing of your personal data under applicable law in your country; and
• if you intend to receive payouts as an Artist, you are at least eighteen (18) years old.

We do not ask for your date of birth at signup. By signing up, you confirm the warranties above. If we learn that an Account belongs to a person who does not meet these requirements, we will close the Account.

3.2 Account Registration

To access the Platform, you must create an Account using your email address or a supported third-party login method. You agree to provide accurate, complete, and up-to-date information during registration and to keep your information current.

3.3 Account Types

A single Account may function as either a Fan, an Artist, or both, depending on how you use the Platform. Functionality may vary based on your role.

3.4 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. If you suspect any unauthorised use of your Account, you must notify us immediately at support@kollekt.io.

3.5 Compliance

You agree to use the Platform only in accordance with these Terms, applicable laws, and good practice. We reserve the right to suspend or terminate your Account if you violate these Terms or misuse the Platform.

4. The Platform

4.1 What the Platform Enables

The Platform enables Artists to share moments with their Fans, publish Content, run paid Subscriptions and Drops, and communicate directly with the people who care about their work. It enables Fans to join Artist spaces, support Artists financially, and participate in Artist communities.

Specific features and the way they are organised on the Platform may evolve over time.

4.2 Visibility Tiers

Content on the Platform sits in one of the following visibility tiers:

• Public Page Content— visible to anyone who opens the Artist’s Kollekt page, with no Account required.
• Members-Only Content— visible to Members of the Artist (free Members and Subscribers); includes default Direct Line messages and the Main Chat.
• Subscribers-Only Content— visible only to active Subscribers of the Artist; includes Subscribers-Only Direct Line messages and the Subscribers Chat.

Artists determine the visibility of their Content within these tiers when publishing it.

4.3 Platform Availability

We use reasonable efforts to keep the Platform available, but we do not guarantee that the Platform, or any feature of it, will be available without interruption. Features may change or be removed over time.

4.4 No Explore Page

The Platform deliberately does not include an explore page, recommendation algorithm, or cross-promotion feature. To appear in a Fan’s list of Artists, an Artist must first be followed by that Fan through the Artist’s own Kollekt link. We do not advertise other Artists to a Fan once they have joined an Artist’s space. Every Member belongs to the Artist they have joined, not to the Platform.

5. Section A — Provisions for Fans

This Section A applies to Fans. Provisions specific to Artists are set out in Section B.

5.1 Joining an Artist’s Space

Joining an Artist’s space (becoming a Member) is free. You can join by entering your email address on the Artist’s Kollekt page and following the prompts to download or open the Kollekt app.

When you join an Artist’s space:

• you become a Member of that Artist’s space;
• limited information about you is made available to that Artist for community management purposes (see Section 5.8);
• you may receive Direct Line messages and other notifications and communications from that Artist, which may include push notifications, in-app messages, and email;
• you may participate in the chat features of that Artist’s space.

You may leave an Artist’s space at any time. Leaving will end the data sharing described in Section 5.8 going forward and will end your access to the Artist’s Members-Only and Subscribers-Only Content.

Pages that have not yet been claimed and verified by an Artist are display-only previews. They cannot be joined.

5.2 Subscriptions

Some Artists offer paid Subscriptions, which give Subscribers access to Subscribers-Only Content and additional in-app benefits.

Pricing. Subscriptions are pay-what-you-want, with a minimum starting price set by Kollekt and the Artist as displayed on the Platform. The Subscription you select renews automatically each billing period at the same amount until you cancel.

Platform fees on app stores.Where the rules of an app store require us to use its in-app billing system, the store’s fee is added on top of the displayed price. This currently applies to purchases through the Kollekt iOS app, where Apple’s App Store fee is added on top of the displayed price. Subscriptions purchased on the web are not subject to any such app store fee.

Billing period. Subscriptions are currently billed monthly. We may, in the future, offer additional billing periods (such as annual). Where this is the case, the relevant billing period and renewal terms will be displayed clearly at the point of purchase.

Auto-renewal mechanics for app store Subscriptions. Subscriptions purchased through an app store are billed by that store and renew automatically unless you turn off auto-renewal at least twenty-four (24) hours before the end of the current billing period. Renewal charges are applied within twenty-four (24) hours of the start of each new billing period. You can manage and cancel your app-store Subscription at any time through your account settings on the relevant app store. Uninstalling the Kollekt app does not, by itself, cancel an app-store Subscription.

Cancellation. You may cancel your Subscription at any time through your Account settings or, for app-store Subscriptions, through the relevant app store as described above. Cancellation takes effect at the end of the current billing period; you keep access to Subscribers-Only Content for the remainder of that period. No refund is issued for partial periods, except as required by law (see Section 5.5).

5.3 Drops and Paid Products

Some Artists offer Drops or other Paid Products, which are one-time purchases that grant access to specific Content or experiences. Drops are charged through the same processors and flow as Subscriptions. Where an app store’s fee applies, it is added on top of the displayed price in the same way as for Subscriptions.

Continued access to Drops is subject to the Artist’s continued presence on the Platform and the availability of the relevant Content.

5.4 Payments — Kollekt as Merchant of Record

Kollekt is the merchant of record for all Fan transactions on the Platform, worldwide. This means:

• Kollekt is the seller of record for the digital service the Fan purchases;
• Kollekt collects from the Fan and remits any applicable VAT, sales tax, or equivalent levies;
• charges appear under “Kollekt” on your bank or card statement (or under the relevant app store for in-app purchases made through that store);
• Kollekt issues the receipt for web purchases; the relevant app store issues the receipt for in-app purchases made through that store;
• Kollekt receives the net proceeds and pays the Artist their share in accordance with Section 6.

Web and mobile browser payments are processed by Stripe. Where the rules of an app store require us to use its in-app billing system, payments made through that store are processed by it under its own terms. This currently applies to purchases made through the Kollekt iOS app, which are processed by Apple. Kollekt does not store full card numbers; payment credentials are held by the relevant processor.

5.5 Consumer Rights

If you are a consumer in the European Union, the United Kingdom, or another jurisdiction with comparable consumer-protection rules, the following applies.

Immediate performance and the 14-day right of withdrawal. Subscriptions, Drops, and other digital Content on the Platform are delivered immediately on payment. By completing a purchase, you give your express prior consent to immediate performance of the digital service and you acknowledge that you lose your statutory 14-day right of withdrawal (Article 16(m) of Directive 2011/83/EU) once performance has begun. We will confirm this consent at checkout.

Non-conformity rights are preserved.Nothing in these Terms limits any non-waivable statutory right you may have in case the digital Content or service is not as described, is faulty, or fails to conform to what was promised. Such rights are governed by Directive (EU) 2019/770 (the “Digital Content Directive”) and your national consumer-protection law.

5.6 Refunds

If you would like to request a refund, please contact us at support@kollekt.io with details of your purchase and the reason for your request. We will review your request and respond within a reasonable time.

We will issue a refund where required by applicable law, including (without limitation):

• where there is evidence of fraud or unauthorised use of a payment method;
• where the Content or service has not been delivered as described, in line with your statutory non-conformity rights under Section 5.5;
• where a refund is required by applicable law; or
• where the relevant payment processor or app store requires it under their own terms.

Outside of these cases, refunds are at Kollekt’s discretion. We may consult the relevant Artist before making a decision.

For purchases made through an app store, you may also be able to request a refund directly from that store under its own refund policy.

If you initiate a chargeback or payment dispute through your bank or card issuer, your Account may be suspended pending resolution.

5.7 Fan Content

Some areas of the Platform allow you to post Content yourself (for example, messages, replies, and reactions in Chat).

You retain ownership of the Content you post. You grant Kollekt a non-exclusive, royalty-free, worldwide licence to host, store, transmit, and display your Content within the Platform as necessary to provide the Service. You also grant other Members and Subscribers of the Artist’s space a limited right to view your Content within the Platform.

You are responsible for the Content you post and warrant that you have the rights to post it and that it complies with Section 7 of these Terms.

5.8 Information Made Available to Artists

When you join an Artist’s space, the following information about you is made available to that Artist for community management purposes:

• your email address;
• your country;
• your subscription tier (free Member or Subscriber);
• the date you joined the Artist’s space;
• the date you were last active in the Artist’s space;
• the total amount you have spent on that Artist on the Platform;
• your notification preferences with that Artist.

These are the only fields included in the data export to the Artist. We do not share other personal data about you (such as your real name, postal address, or phone number) with the Artist unless you separately choose to share that information with the Artist.

The Artist becomes an independent data controller of the information shared with them under this Section 5.8 and is bound by Section 6.8 of these Terms in their use of it. You retain your statutory rights under the General Data Protection Regulation (Regulation (EU) 2016/679, the “GDPR”) both directly against the Artist and through us at privacy@kollekt.io.

If you leave an Artist’s space, the Artist will no longer receive updated information about you. The Artist remains required to delete information they have already exported in line with Section 6.8.

6. Section B — Provisions for Artists

This Section B applies to Artists, including Owners, Admins, and Moderators of an Artist space.

6.1 Becoming an Artist

Pre-built unclaimed pages. Kollekt may build artist pages in advance from publicly available artist data, including artist name, cover photo, and links to public profiles. These pages are display-only previews and cannot be joined by Fans until they have been claimed and verified by the Artist.

Verification and claiming.Artists verify and claim their page through Kollekt’s verification process, which Kollekt may update from time to time. On successful verification, the Artist becomes the Owner of the page, the page becomes joinable by Fans, and the Artist may customise it.

Cover photo and rights-holder requests. Where a rights-holder believes that a cover photo or other image displayed on an unclaimed page infringes their rights, they may submit a request via support@kollekt.io. We will replace the image with a placeholder pending claim by the Artist.

6.2 Roles within an Artist Space

Three roles exist within each Artist space:

• Owner— the Artist who has claimed the page. There is one Owner per space. The Owner has full control of the space, including page editing, Stats, Roles, and Payments. Revenue splits and the Subscription price are managed by the Owner.
• Admins— appointed by the Owner. Admins may access Stats and Roles. Admins do not have access to Payments and cannot change revenue splits.
• Moderators— appointed by the Owner or by an Admin. Moderators may moderate Chat (timeout members, promote moderators, remove messages). Moderators do not have administrative access.

The Owner is solely responsible for adding and removing Admins and Moderators and is jointly liable for the actions of those they appoint.

Admins and Moderators do not separately accept these Terms when granted a role; they are bound through the Owner’s acceptance and through their own use of the Platform. By accepting an Admin or Moderator role, the role-holder agrees to act in compliance with these Terms.

6.3 Content Warranties

By uploading or publishing Content on the Platform, the Artist warrants that:

• they own the Content or have all rights, licences, and permissions necessary to publish it on the Platform and to grant Kollekt the licences set out in Section 6.4;
• the Content does not infringe any third-party rights, including copyright, trademark, neighbouring rights, performance rights, or publicity rights;
• where the Content includes samples or third-party material, all necessary clearances have been obtained;
• the Content complies with these Terms, including Section 7.

The Artist indemnifies Kollekt against any claim, demand, loss, or expense (including reasonable legal fees) arising from a breach of the warranties in this Section 6.3.

6.4 Content Licences to Kollekt

The Artist grants Kollekt the following licences in respect of their Content. Each licence is non-exclusive and royalty-free.

6.4.1 Operational Licence

A worldwide, sublicensable licence to host, store, copy, transmit, display, format, and otherwise process the Content as required to operate the Platform, deliver the Service to Members and Subscribers, and back up and restore the Content. This licence ends when the Content is deleted from the Platform, except to the extent retention is necessary for legal, accounting, or operational reasons (such as backups, dispute resolution, or compliance with law).

6.4.2 Marketing Licence — Tier A

A worldwide licence for Kollekt to use the Artist’s name, profile image, Kollekt page link, and Verified Artist badge in Kollekt’s own marketing materials and channels, for the purpose of promoting the Artist’s presence on Kollekt and the Platform itself. This licence is granted by acceptance of these Terms; there is no opt-out toggle.

6.4.3 Marketing Licence — Tier B

A worldwide licence for Kollekt to repost or excerpt the Artist’s Public Page Content and the Artist’s public Direct Line messages on Kollekt’s social media channels, with attribution, for the purpose of promoting the Artist’s presence on Kollekt. This licence is granted by acceptance of these Terms; the Artist may withdraw it at any time by switching off the relevant toggle in their Account settings. Withdrawal applies prospectively; Kollekt may continue to make available materials already published under this licence for up to twelve (12) months following withdrawal, after which Kollekt will remove them in good faith.

6.4.4 Other Marketing Uses — Not Granted

Uses of the Artist’s Content beyond Sections 6.4.1–6.4.3 — including paid media, the use of the Artist’s recorded music in Kollekt’s advertising, and co-branded campaigns — are not granted by these Terms and require separate written approval from the Artist.

6.4.5 No AI Training

Kollekt will not provide the Artist’s Content to third parties for the purpose of training artificial intelligence or machine-learning models. Kollekt may use anonymised, aggregated data derived from use of the Platform to improve and develop the Service.

6.5 Verified Artist Disclosure

By becoming a Verified Artist, the Artist authorises Kollekt to identify them publicly as a Verified Artist on Kollekt. Authorised always-on uses include the Kollekt website (including any “verified artists on Kollekt” page), homepage features, and ongoing posts on Kollekt’s social media channels.

One-shot announcements (such as welcome posts, press releases, or paid amplification of an Artist’s onboarding) are coordinated with the Artist or their representative before publication.

6.6 Pricing and Revenue Split

Pricing. The Artist sets the price for their Subscription, subject to the minimum starting price published on the Platform. Fans may pay more than the minimum at their option. The Artist sets the price for each Drop and Paid Product, subject to platform minimums.

App store uplift.Where a Fan purchases through an app store whose rules require the use of its in-app billing system, the relevant store’s fee is added on top of the displayed price. The Artist’s earnings are calculated from the base price; the uplift covers the store’s fee.

Revenue split. Of the amount received by Kollekt for a transaction, after deduction of applicable VAT and sales tax and after deduction of payment processing fees:

• eighty per cent (80%) is allocated to the Artist;
• twenty per cent (20%) is retained by Kollekt as the platform fee.

For purchases made through an app store whose rules require the use of its in-app billing system, the store’s commission is deducted before Kollekt’s twenty per cent (20%) share is calculated.

Collaborator splits.Where the Owner has configured revenue splits with collaborators (for example, managers, videographers, or labels), those splits come out of the Artist’s eighty per cent (80%) share, not in addition to it. The Owner is responsible for setting and maintaining splits, and for resolving any dispute with split recipients. Kollekt has no obligation to verify the relationship between the Owner and split recipients beyond paying them the configured amounts.

Currency.All prices are displayed in euros (€) unless otherwise stated.

6.7 Payouts

Kollekt makes Artist earnings available for payout through a third-party payout provider (currently Wise).

Cycle.Earnings are released to the Artist’s payout balance on a regular cycle published on the Platform, subject to the reserve and identity-verification provisions below. Artists may also request a manual payout when their payout balance meets the minimum threshold.

Minimum threshold. A minimum payout amount applies, as published on the Platform. Amounts below the threshold roll forward to the next cycle.

Reserve. A rolling reserve applies to each Fan transaction, as published on the Platform, to cover potential chargebacks and refunds. Funds are released from reserve at the end of the relevant period.

First-time and change-of-detail holds. When an Artist sets up payout details for the first time, or changes them, a short hold applies before the next payout is processed, as we may reasonably determine.

Currency and fees.Payouts are denominated in euros (€) by default and converted to the Artist’s local currency by the payout provider, with that provider’s fee charged to the Artist unless otherwise agreed. The Artist is responsible for ensuring their payout account details are accurate.

Manual payout frequency. Where the Artist requests manual payouts, we may limit the number of manual payouts processed in any given period.

Failed payouts.If a payout fails (for example, because of incorrect recipient details), the funds are returned to the Artist’s payout balance. We will notify the Artist and retry the payout once the issue has been corrected.

Negative balance.Where chargebacks, refunds, or fees exceed the Artist’s positive balance, the Artist’s balance may go negative. Negative balances are recovered from future earnings.

Dormancy.If an Account remains inactive for an extended period and the Artist has a positive payout balance, we may attempt a payout to the Artist’s verified payout details. Where this is not possible, funds will be handled in accordance with applicable Finnish law on dormant balances.

No interest. No interest accrues on amounts held by Kollekt on behalf of an Artist.

6.8 Use of Member Data by Artists

When a Fan joins an Artist’s space, Kollekt makes the information described in Section 5.8 available to the Artist. The Artist is an independent data controller of that information.

The Artist agrees that:

• they will use the information only for their own communications with their Members and Subscribers and for managing their own Kollekt community;
• they will not sell the information or otherwise disclose it to any third party, except to service providers who process it on their behalf under a written data processing agreement compliant with the GDPR;
• they will honour any opt-out or deletion request made by a Fan within thirty (30) days, including unsubscribing the Fan from any Artist-side communications;
• they will notify Kollekt at privacy@kollekt.io within seventy-two (72) hours of becoming aware of any unauthorised access, disclosure, or other security incident affecting the information;
• they are solely responsible for compliance with the GDPR and equivalent data protection laws in respect of the information they hold as a controller;
• on termination of their Account or removal of an individual Fan from their space, they will delete the relevant information within ninety (90) days and, on Kollekt’s request, confirm such deletion in writing.

6.9 KYC, Tax, and Reporting

Identity verification. Before payouts can be made, the Artist must complete the identity-verification (know-your-customer) process required by the payout provider and any additional verification reasonably required by Kollekt.

Tax residency.The Artist must declare their tax residency and provide tax information where required by applicable law. This includes information necessary for Kollekt to comply with reporting obligations under Council Directive (EU) 2021/514 (the “DAC7 Directive”) and equivalent rules.

Artist’s tax responsibility. The Artist is solely responsible for declaring and paying any income tax, VAT, social security contributions, or other levies due on amounts they earn through the Platform (other than the VAT or sales tax collected by Kollekt as merchant of record).

Reporting by Kollekt. Kollekt may report Artist earnings to tax authorities or other competent authorities where required by law. Kollekt may withhold or deduct from Artist earnings any sums that we are required by law or by a payment provider to withhold or deduct.

6.10 Content Moderation by Owner and Moderators

Owners and Moderators may take moderation actions within their own Artist space, including timing out (muting) Members, removing messages, and promoting other Members to Moderator status.

The Owner is responsible for ensuring that moderation actions taken in their space comply with these Terms and applicable law. The Owner is jointly liable for the actions of any Admin or Moderator they appoint.

A Member subject to a moderation action may appeal that action to support@kollekt.io. Kollekt may, in its sole discretion, override a moderation action where the action is unlawful, breaches these Terms, or is otherwise inconsistent with the principles in Section 7.

6.11 Termination of an Artist Relationship

The Artist may terminate their Account at any time. Final payout of the Artist’s positive balance is subject to the reserve described in Section 6.7 and to verification of the Artist’s KYC and payout details.

Kollekt may terminate an Artist’s Account on thirty (30) days’ prior written notice with a statement of reasons, in line with Article 4 of the P2B Regulation. We may terminate an Artist’s Account immediately, without prior notice, where:

• the Artist has materially or repeatedly breached these Terms;
• the Artist’s continued use poses a risk of harm to other Users, Kollekt, or third parties;
• continuing the relationship would breach applicable law (including sanctions or AML rules); or
• the Artist’s Content or activity is unlawful.

On termination, the Artist’s Content and Artist page will be removed from the Platform; held funds will be processed subject to the reserve and chargeback provisions; and the Artist’s obligations in respect of Member data under Section 6.8 will continue to apply.

7. Content Rules and Moderation

7.1 Prohibited Content

You may not upload, publish, send, or otherwise make available any Content that:

• infringes the intellectual property rights of any person, including copyright, trademark, neighbouring rights, performance rights, or publicity rights;
• is sexually explicit; sexually explicit Content is prohibited on the Platform;
• depicts the sexual abuse or exploitation of minors, or any other unlawful or non-consensual sexual material;
• promotes hatred, violence, harassment, or discrimination on the basis of race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or other protected characteristic;
• threatens, harasses, defames, or otherwise targets any person;
• is fraudulent, misleading, or deceptive (including impersonation of any person);
• contains malware, spam, or unsolicited commercial communication; or
• otherwise breaches applicable law or these Terms.

7.2 Notice and Action

Anyone may report Content they believe to be unlawful or in breach of these Terms by emailing support@kollekt.io with sufficient detail to identify the Content and the basis for the complaint.

We will acknowledge receipt of complete reports and will assess them in good faith. We aim to take a decision within fourteen (14) days of receiving a complete report. We may, depending on the outcome, remove the Content, restrict access to it, suspend or terminate the relevant Account, or take other action. We may also decline to act where we conclude that the report is unfounded.

This procedure is without prejudice to the rights of intellectual property holders to submit takedown notices or to other rights provided by applicable law.

7.3 Statement of Reasons

Where we remove Content, restrict access to it, or suspend or terminate an Account on the basis of these Terms or applicable law, we will provide the affected User with a statement of reasons describing the action taken, the basis for it, and the routes available to challenge it. This obligation reflects our duties under Regulation (EU) 2022/2065 (the “Digital Services Act” or “DSA”).

7.4 Complaint and Appeal

A User who is the subject of a moderation action by Kollekt may appeal that action by writing to support@kollekt.io within six (6) months of the action. We will consider appeals in good faith and aim to take a decision within fourteen (14) days. Out-of-court dispute settlement under Article 21 of the DSA is also available where applicable.

A Fan who is the subject of a moderation action taken within an Artist’s space by an Owner, Admin, or Moderator may appeal to support@kollekt.io. Kollekt may, in its sole discretion, override the moderation action.

7.5 Trusted Flaggers

We process notices submitted by trusted flaggers designated under Article 22 of the DSA with priority.

7.6 Kollekt’s Discretion

We reserve the right to remove Content or restrict access to it where we determine, in our sole and reasonable discretion, that doing so is necessary to comply with applicable law, to enforce these Terms, or to protect Users, third parties, or Kollekt. Where possible, we will give the affected User a statement of reasons in line with Section 7.3.

8. Intellectual Property

8.1 Artist Content

Artists retain ownership of all Content they upload or publish on the Platform, subject to the licences granted in Section 6.4.

8.2 Fan Content

Fans retain ownership of the Content they post, subject to the licence granted in Section 5.7.

8.3 Access by Others

A Member or Subscriber receives a non-exclusive, non-transferable, non-sublicensable, revocable, limited right to access and view the Artist’s Content within the Platform for their own private, personal, non-commercial use, for the duration of their membership or subscription. Members and Subscribers may not, except where expressly permitted by the Platform’s functionality (for example, sharing tools):

• copy, reproduce, modify, distribute, publicly perform, or publicly display any Artist Content;
• use any Artist Content for commercial or promotional purposes; or
• make any Artist Content available outside the Platform.

8.4 Kollekt Branding

You may not use Kollekt’s name, logo, or trademarks except (a) with our prior written consent or (b) to the extent the Platform’s own functionality (for example, sharing tools, badges, or branded share cards) permits. Artists may use Kollekt’s name and logo to promote their own Kollekt page in line with Kollekt’s brand guidelines.

8.5 Reporting Infringements

If you believe that any Content on the Platform infringes your intellectual property rights, please notify us at support@kollekt.io with the information required by applicable law to investigate and act on the report. We will respond and act in line with Section 7.2.

9. Privacy

We process personal data in line with applicable data protection laws, including the GDPR. Our Privacy Notice forms part of these Terms and describes the personal data we process, the purposes for which we process it, the parties with whom we share it, and the rights you have. By using the Platform, you acknowledge our processing as described in the Privacy Notice.

10. Disclaimers and Limitation of Liability

10.1 Service Provided “As Is”

To the extent permitted by applicable law, the Platform is provided “as is” and “as available”, without warranty of any kind. We do not warrant that the Platform will be uninterrupted, error-free, or fit for any particular purpose, beyond the warranties that cannot be excluded under applicable law (including non-conformity rights of consumers under EU law).

10.2 No Liability for Third-Party Services

The Platform integrates with third-party services (including Stripe, Apple, Google, Wise, Spotify, and Meta/Instagram). We are not responsible for the availability or practices of those services. Use of such services is governed by their own terms.

10.3 Limitation of Liability

To the fullest extent permitted by applicable law:

• we will not be liable for any indirect, incidental, consequential, punitive, or special damages, including loss of income, data, or goodwill, arising out of or in connection with your use of the Platform;
• our total aggregate liability to any User for any claim arising out of or in connection with these Terms or the Platform is limited to the amount paid by that User to Kollekt in the three (3) months preceding the event giving rise to the claim.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law (including liability for personal injury caused by negligence, fraud, or fundamental breach where applicable).

11. Indemnification

11.1 By Artists

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

• a breach by the Artist of any warranty in Section 6.3;
• a breach by the Artist of Section 6.4 (Content Licences) or Section 6.8 (Use of Member Data);
• the Content the Artist makes available on the Platform; or
• the Artist’s failure to comply with applicable tax, KYC, or AML obligations.

11.2 By Fans

Fans agree to indemnify, defend, and hold harmless Kollekt and the parties listed in Section 11.1 from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with the Fan’s misuse of the Platform or the Fan’s breach of these Terms or applicable law.

12. Termination

12.1 By the User

You may terminate your Account at any time by following the deletion process in your Account settings or by writing to support@kollekt.io. Termination will end your access to the Platform and will end any active Subscription you hold. No refund will be issued for a partial Subscription period or for Drops or other Paid Products already purchased, except as set out in Section 5.6 or as required by law.

12.2 By Kollekt

We may terminate your Account or restrict your access to the Platform:

• on thirty (30) days’ prior notice with a statement of reasons (for Artists, in line with Article 4 of the P2B Regulation);
• immediately, without prior notice, where you have materially or repeatedly breached these Terms, where your continued access poses a risk of harm to other Users or to Kollekt, where required by a competent authority, or where required to comply with applicable law (including sanctions or AML rules).

12.3 Effect of Termination

On termination of an Account:

• your right to use the Platform ends immediately;
• any licences granted under these Terms end, except as expressly stated to survive;
• we may retain data in line with the Privacy Notice and applicable law (including for backups, dispute resolution, and legal compliance);
• any held Artist balance is paid out subject to Section 6.7 (Payouts);
• the Artist’s obligations under Section 6.8 (Use of Member Data) continue to apply.

13. Governing Law and Disputes

13.1 Governing Law

These Terms, and any dispute or claim arising out of or in connection with them, are governed by the laws of Finland, without regard to its conflict of laws principles.

13.2 Jurisdiction

Subject to Section 13.3, any disputes arising from these Terms or your use of the Platform are subject to the exclusive jurisdiction of the District Court of Helsinki (Helsingin käräjäoikeus).

13.3 Consumer Rights

If you are a consumer in the European Union, this Section 13 does not deprive you of the protection of mandatory consumer-protection rules in your country of residence, including the right to bring proceedings in the courts of your country of residence.

13.4 Online Dispute Resolution

If you are a consumer in the European Union, you may also submit a complaint via the EU Online Dispute Resolution platform at https://ec.europa.eu/odr. We are not obliged to use alternative dispute resolution mechanisms but may consider doing so on a case-by-case basis.

14. General

14.1 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to an affiliate or to a successor in connection with a merger, acquisition, sale of assets, or similar transaction.

14.2 No Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

14.3 Severability

If any provision of these Terms is held to be invalid, unlawful, or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

14.4 Survival

Provisions of these Terms which by their nature should survive termination will survive, including Sections 5.8 (Information Made Available to Artists, in respect of obligations of Artists), 6.3 (Content Warranties), 6.4 (Content Licences, to the extent stated), 6.8 (Use of Member Data), 7 (Content Rules and Moderation), 8 (Intellectual Property), 10 (Disclaimers and Limitation of Liability), 11 (Indemnification), 12.3 (Effect of Termination), and 13 (Governing Law and Disputes).

14.5 Entire Agreement

These Terms, together with the Privacy Notice and any other legal notices or guidelines posted on the Platform, constitute the entire agreement between you and Kollekt regarding your use of the Platform and supersede all prior agreements or understandings, whether written or oral.

14.6 Language

These Terms are made available in English. The English version is binding. Where we provide a translation for convenience, the English version prevails in case of conflict.

14.7 Contact

For questions about these Terms or the Platform, please contact us at support@kollekt.io. For privacy questions, please contact privacy@kollekt.io.

15. Apple App Store Provisions

This Section 15 applies to the Kollekt iOS application made available through the Apple App Store (the “iOS App”). It supplements, and where inconsistent prevails over, the other provisions of these Terms in respect of the iOS App.

15.1 Parties

These Terms are entered into between you and Kollekt only. Apple Inc. (“Apple”) is not a party to these Terms and is not responsible for the iOS App or its content.

15.2 Scope of Licence

Subject to these Terms, Kollekt grants you a non-transferable licence to use the iOS App on any Apple-branded products that you own or control, in accordance with the Usage Rules in the Apple Media Services Terms and Conditions.

15.3 Maintenance and Support

Kollekt is solely responsible for providing any maintenance and support for the iOS App. Apple has no obligation to furnish any maintenance or support for the iOS App.

15.4 Warranty

Kollekt is solely responsible for any product warranties for the iOS App, whether express or implied by law, to the extent not effectively disclaimed. To the extent that the iOS App fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) of the iOS App. To the maximum extent permitted by applicable law, Apple has no further warranty obligation with respect to the iOS App. Any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure of the iOS App to conform to any warranty are Kollekt’s responsibility.

15.5 Product Claims

Kollekt, not Apple, is responsible for addressing any claims by you or any third party relating to the iOS App or your possession or use of it, including (without limitation): (a) product liability claims; (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection, privacy, or similar legislation.

15.6 Intellectual Property Claims

In the event of any third-party claim that the iOS App or your possession and use of it infringes that third party’s intellectual property rights, Kollekt (and not Apple) will be solely responsible for the investigation, defence, settlement, and discharge of any such claim.

15.7 Legal Compliance

You represent and warrant that (a) you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a “terrorist supporting” country, and (b) you are not listed on any US Government list of prohibited or restricted parties.

15.8 Developer Contact Information

Questions, complaints, or claims relating to the iOS App or your use of it should be directed to Kollekt at support@kollekt.io, or by post at Kollekt Group Oy, c/o WA Yhtiöt Oy, Äyritie 12 C, 01510 Vantaa, Finland.

15.9 Third-Party Terms

You must comply with any applicable third-party terms of agreement when using the iOS App.

15.10 Apple as Third-Party Beneficiary

You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms in respect of the iOS App, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.