Terms of Service

1. Agreement to Terms

1.1 Acceptance of Terms

Welcome to REAL FERM RECORDS LLC ("Company," "we," "our," or "us"). These Terms of Service ("Terms") govern your use of the REAL FERM RECORDS LLC Queue System website, application, and services (collectively, the "Service"), operated by REAL FERM RECORDS LLC.

By accessing, using, or registering for our Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, you may not access or use the Service.

1.2 Eligibility

To use our Service, you must:

• Be at least 13 years of age
• Have the legal capacity to enter into these Terms
• Comply with all applicable laws and regulations
• Provide accurate and complete information when creating an account

1.3 Modifications to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We will post the updated Terms on our Service
• We will update the "Last Updated" date
• For material changes, we will provide notice via email or prominent notice
• Your continued use constitutes acceptance of the modified Terms

2. Description of Service

2.1 Service Overview

REAL FERM RECORDS LLC Queue System is an interactive platform that allows users to:

• Submit music requests for live streaming broadcasts
• View and interact with a real-time queue system
• Create user accounts and profiles
• Participate in live streaming community activities
• Purchase professional Audio Services including track audits, mixing, mastering, consultations, session recordings, and custom-quoted productions

2.2 Service Features

• Music Queue Submission: Submit YouTube links and music requests
• Real-time Updates: View live queue status and position tracking
• User Accounts: Create profiles with authentication (including Google OAuth)
• Priority System: Premium features for enhanced queue position
• Community Interaction: Participate in live stream community features
• FERM Store: Purchase Fast Pass priority tokens and book professional Audio Services including track reviews, vocal mixing, full project mixing, consultations, and live session recordings

2.3 Service Availability

3. User Accounts and Registration

3.1 Account Creation

To access certain features, you must create an account by providing:

• A valid email address
• A unique username
• A secure password (unless using Google OAuth)
• Any additional information requested during registration

3.2 Google OAuth Authentication

When using Google OAuth to sign in:

• You authorize us to access your Google profile information
• You may optionally grant access to your YouTube channel data
• You can revoke this access at any time through your Google account settings
• Your use of Google services is subject to Google's Terms of Service and Privacy Policy

3.3 Account Security

4. User Conduct and Content

4.1 Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

4.2 Content Submission

When you submit content to the Service:

Music Requests:

• Submit only content you have the right to share
• Ensure YouTube links are valid and accessible
• Provide accurate artist and track information
• Respect intellectual property rights

User-Generated Content:

• You retain ownership of content you submit
• You grant us a license to use, display, and distribute your content as necessary to provide the Service
• You represent that you have all necessary rights to grant this license
• We may remove content that violates these Terms or our community guidelines

5. Intellectual Property Rights

5.1 Service Content

The Service and its content, features, and functionality are owned by REAL FERM RECORDS LLC and are protected by:

• Copyright, trademark, and other intellectual property laws
• International treaties and conventions
• Proprietary rights and trade secrets

5.2 User License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to:

• Access and use the Service for personal, non-commercial purposes
• Download and use our mobile application on your personal devices
• Create an account and participate in Service features

5.3 Restrictions

6. Privacy and Data Protection

6.1 Privacy Policy

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

6.2 Google Data

When using Google OAuth:

• We access only the information you explicitly authorize
• Your Google data is handled in accordance with Google's API Services User Data Policy
• You can revoke access permissions at any time
• We do not use Google data for advertising or commercial purposes beyond Service provision

7. Payments and Digital Products

7.1 Fast Pass Overview

The "Fast Pass" is a digital priority token that, when applied to a queue submission, elevates your position tier in the live-stream review queue. Fast Passes are available in three tiers — Premium, Plus, and Max — each providing a progressively higher level of queue priority. Fast Passes are delivered instantly to your account balance upon confirmed payment and are consumed upon application to a submission. If you submit as a guest, or are signed in but do not have any Fast Pass tokens, the purchase is immediately applied to the submission you are making at the time of purchase.

7.2 Purchases and Billing

All Fast Pass purchases are:

• Processed securely through Stripe, Inc., our third-party payment processor
• Charged at the price displayed at the time of purchase, inclusive of any applicable taxes
• Confirmed via email receipt issued by Stripe
• Subject to price changes at any time; changes will not affect already-completed purchases

7.3 No-Refund Policy for Digital Products

7.4 Refund Exceptions

Refunds may be considered solely at our discretion only in the following limited circumstances:

• A verified technical error resulted in a duplicate charge for the same transaction
• Payment was successfully processed but the Fast Pass token was never credited to your account due to a confirmed system failure on our end

To request consideration under these circumstances, contact support@realferm.com within 7 days of the transaction date, including your Stripe payment receipt and a description of the issue. We reserve the right to deny any refund request that does not meet these criteria.

7.5 Chargebacks and Payment Disputes

If you initiate a chargeback or payment dispute with your card issuer or bank for a Fast Pass purchase:

• Any Fast Pass tokens associated with the disputed charge may be revoked from your account pending resolution
• Your account may be suspended until the dispute is resolved
• Chargebacks filed without first contacting us in good faith may result in permanent account termination

We encourage you to contact us directly at support@realferm.com before filing a dispute, as most issues can be resolved quickly without a chargeback.

7.6 Fast Pass Functionality and Limitations

When purchasing and using a Fast Pass, you acknowledge that:

• A Fast Pass elevates your queue priority tier but does not guarantee a specific position number, play time, or maximum wait duration
• Queue position among priority-tier users is determined by submission time; other users may also hold Fast Passes at the same or higher tier
• Fast Pass tokens are non-transferable and are tied to the account that purchased them
• Fast Pass tokens do not expire but are subject to the continued availability of the Service
• The tier purchased (Premium, Plus, Max) corresponds to the priority tier advertised at the time of purchase

7.7 Payment Security

We do not store, process, or have access to your full credit card or payment card information. All payment data is transmitted directly to and processed by Stripe, Inc. By completing a purchase, you also agree to Stripe's Terms of Service, available at stripe.com/legal.

7A. Audio and Creative Services

7A.1 Audio Services Overview

In addition to Fast Pass digital tokens, we offer professional audio engineering and creative services (“Audio Services”) available for purchase or inquiry through the FERM Store. Current Audio Services include:

• FERM Track Audit: A written offline review with detailed, actionable feedback on your track ($10)
• Vocal Mix & Master: Professional vocal mixing and mastering for your vocals over a finished stereo instrumental — lead, harmonies, doubles, and adlibs all included ($50)
• Deep Dive Song Consultation: A one-on-one session, up to one hour, covering technical and subjective aspects of your track ($40)
• Consultation + Mix/Master Bundle: The consultation and vocal mix/master combined ($75)
• Session Work: Live guitar and/or vocal performances recorded and delivered for your track ($60 per song)
• Full Mix & Master: A custom-quoted full multi-track mix and master for complex projects — see Section 7A.4 for the inquiry process

Prices are listed for reference and are subject to change. Price changes will not affect already-confirmed purchases.

7A.2 Upfront Payment

All fixed-price Audio Services require full payment upfront at the time of booking through Stripe Embedded Checkout. By completing payment, you acknowledge and agree that:

• Payment in full is required before any work begins
• Your order details and intake form submission are sent to us immediately upon payment confirmation
• We will reach out within 1–2 business days to confirm receipt and coordinate next steps
• Advertised turnaround times are estimates, not contractual guarantees — see Section 7A.5

7A.3 Refund Policy for Audio Services

Refunds will be considered and generally approved in the following situations:

• Cancellation Before Work Begins: If you decide not to proceed before any work has commenced, a full refund will be issued upon request
• Significant Delay: If a service significantly exceeds its advertised turnaround window due to circumstances on our end and you no longer wish to proceed, a full refund will be issued upon request
• Unsatisfactory Delivery: If the delivered work does not reasonably reflect the service described, we will first offer a reasonable revision at no additional charge. If the issue remains unresolved, a full or partial refund may be issued at our discretion
• Non-Delivery: If we are unable to complete or deliver the purchased service for any reason, a full refund will be issued

Refunds will not be issued in the following situations:

• Work has been completed and delivered and no material quality issue has been raised within 7 days of delivery
• The refund request is based solely on subjective taste or preference with no describable quality concern
• The client provided inaccurate, incomplete, or unusable materials and a reasonable revision is offered

To request a refund, contact support@realferm.com with your Order ID and a brief description of the reason. We aim to respond to all refund requests within 3 business days.

7A.4 Custom-Quoted Services — Full Mix & Master

The Full Mix & Master service is available on a custom-quote basis. No payment is collected during the inquiry process:

• You submit a project inquiry through the FERM Store intake form — no payment is required at this stage
• We review your project details and respond with a custom quote within 24–48 hours
• If you accept the quote, a payment link or invoice will be provided separately
• No charge is made until you explicitly confirm and pay the quoted amount
• Submitting an inquiry does not obligate either party to proceed

Once payment is confirmed for a custom-quoted service, the refund terms in Section 7A.3 apply in full.

7A.5 Delivery, Turnaround, and Expectations

• Advertised turnaround times are good-faith estimates based on typical workload and are not contractual deadlines
• We will communicate proactively if a delay is anticipated
• Delays caused by client factors (e.g., late file delivery, slow communication, revision requests) do not qualify for a refund under the delay provision
• Delivered files are provided in the format specified at the time of booking unless an alternative is agreed upon

7A.6 Intellectual Property and Delivered Work

• Client Ownership: You retain full ownership of your original source materials (vocals, instrumentals, stems, etc.) and the final delivered files
• Session Work Rights: For Session Work, all rights to the recorded guitar and/or vocal performances are transferred to you upon confirmed delivery and completed payment. Prior to delivery, FERM retains rights to all recorded material
• No Claim on Source Material: FERM makes no ownership claims over your original tracks or beats
• Credit: Crediting FERM (e.g., “Mixed by FERM” or “Guitar by FERM”) is appreciated but not required
• Portfolio Reference: We reserve the right to reference completed work in our professional portfolio unless you explicitly request otherwise in writing prior to delivery

7A.7 Chargebacks on Audio Service Purchases

If you initiate a chargeback for an Audio Service purchase without first contacting us:

• Your order will be placed on hold pending resolution
• Your account may be suspended until the dispute is resolved

We strongly encourage contacting support@realferm.com before filing a dispute. Most issues are resolved promptly without a chargeback.

8. Disclaimers and Limitations

7.1 Service Disclaimers

7.2 Limitation of Liability

7.3 Indemnification

You agree to indemnify and hold harmless REAL FERM RECORDS LLC from any claims, damages, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you submit to the Service

9. Third-Party Services

9.1 YouTube Integration

Our Service integrates with YouTube services (including YouTube API Services):

• YouTube content and the optional channel connection are subject to the YouTube Terms of Service
• We are not responsible for YouTube's availability or policies
• Changes to YouTube's API may affect Service functionality
• Users must comply with YouTube's community guidelines

9.2 Google Services

When using Google OAuth:

• Google's Terms of Service and Privacy Policy apply
• We are not responsible for Google's service availability
• Google may change their policies affecting our integration
• Users should review Google's terms and policies

9.3 Stripe Payment Processing

Our Service uses Stripe, Inc. as its payment processor for Fast Pass purchases:

• Payment card data is transmitted directly to Stripe and is never stored on our servers
• Stripe is PCI DSS Level 1 certified — the highest level of payment security validation
• Your use of Stripe is subject to Stripe's Terms of Service and Privacy Policy
• Stripe may collect billing address, device fingerprint, and transaction data for fraud prevention in accordance with their privacy policy at stripe.com/privacy

10. Termination

10.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in your settings
• Contacting customer support
• Ceasing to use the Service

10.2 Termination by Us

We may terminate or suspend your account if:

• You violate these Terms or our policies
• You engage in fraudulent or illegal activities
• You abuse or misuse the Service
• We discontinue the Service

10.3 Effect of Termination

Upon termination:

• Your right to use the Service ceases immediately
• We may delete your account and associated data
• Certain provisions of these Terms survive termination
• You remain liable for any outstanding obligations

11. Contact Information

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