Terms of Use 2.0
Last Updated: April 6, 2026 — Version 2.0
1. Introduction & Acceptance of Terms
1.1 The Service
These Terms of Use ("Terms") govern your access to and use of the website located at subvert.fm and any related applications, tools, or services operated by Subvert Cooperative LCA, a Colorado limited cooperative association ("Subvert," "we," "us," or "our") (collectively, the "Service"). By accessing or using the Service in any way — including browsing, purchasing, uploading content, or creating an account — you agree to be bound by these Terms.
1.2 The Full Agreement
These Terms are part of a broader set of agreements that govern use of the Service. The following documents are incorporated into these Terms by reference and form part of your agreement with Subvert:
• The Subvert Privacy Policy, available at subvert.fm/privacy-policy
• The Subvert Payment Policy, available at subvert.fm/payment-policy
• The Subvert AI Policy, available at subvert.fm/ai-policy
• The Subvert Community Standards Policy, available at subvert.fm/community-standards
In the event of any conflict between these Terms and the documents listed above, these Terms shall control except with respect to the specific subject matter of each incorporated document, in which case the more specific document shall control. For Artist Members and other Cooperative members, the Form of Member Agreement and the Subvert Cooperative Bylaws take precedence over these Terms in the event of any conflict.
1.3 Eligibility
You must be at least 16 years of age to use the Service. By using the Service you represent and warrant that you meet this requirement and that you have the legal capacity to enter into a binding agreement. If you are using the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms.
Membership in the Subvert Cooperative requires a separate application and approval process and is subject to the Form of Member Agreement. The minimum age for Cooperative membership is 18 years.
1.4 Updates to These Terms
Subvert may update these Terms from time to time. For material changes — including changes that affect your rights, your payment obligations, or the scope of the license you grant to Subvert — we will notify you by email at least 30 days before the changes take effect. For non-material changes such as clarifications, corrections, or administrative updates, we will post the updated Terms at subvert.fm/terms and update the "Last Updated" date at the top of the document. Your continued use of the Service after any update takes effect constitutes your acceptance of the updated Terms. If you do not agree to updated Terms, your sole remedy is to stop using the Service and, if applicable, close your account.
1.5 Contact
Questions about these Terms may be directed to info@subvert.fm.
2. Accounts & Registration
2.1 Creating an Account
To access certain features of the Service — including purchasing, uploading content, and participating in the Subvert community — you must create an account. Account creation requires a valid email address. Subvert uses email-based authentication: when you log in, we send a secure link to your email address. No password is required or stored.
You agree to provide accurate and current information when creating your account and to keep your email address up to date. Subvert is not responsible for any loss or disruption to your account access resulting from an outdated or inaccessible email address.
2.2 One Account Per Person
Each individual may maintain only one account on the Service. Organizations, labels, and other legal entities may maintain a separate account distinct from any individual account held by their representatives. Creating duplicate accounts to circumvent a suspension, ban, or other restriction is a material breach of these Terms and may result in permanent removal from the Service.
2.3 Account Security
Because Subvert uses email-based authentication, the security of your account depends on the security of your email account. You are responsible for maintaining the security of your email account and for all activity that occurs under your Subvert account. If you believe your account has been compromised or accessed without your authorization, you must notify us immediately at info@subvert.fm.
Subvert will never ask you for your email password or any other sensitive credentials.
2.4 Platform Accounts and Cooperative Membership
Creating a platform account does not make you a member of the Subvert Cooperative. Cooperative membership is a separate process governed by the Form of Member Agreement and requires payment of a one-time membership contribution. Cooperative members have governance rights, ownership interests, and additional platform privileges that are not available to non-member account holders.
Non-member account holders may browse the Service, purchase music and merchandise, and access other features made available to the general public, subject to these Terms.
2.5 Account Closure
You may close your account at any time by contacting us at info@subvert.fm. Account closure takes effect immediately upon request. Following closure, your public profile and uploaded content will no longer be accessible through the Service.
Notwithstanding the foregoing, Subvert will retain certain account data as required by applicable law, including the GDPR, UK GDPR, and the Colorado Uniform Limited Cooperative Association Act. For Cooperative members, data retention obligations under ULCAA may require us to retain member records for up to seven years following the end of membership. Details of our data retention practices are set out in the Privacy Policy.
If you are a Cooperative member, closing your platform account does not automatically terminate your Cooperative membership. Membership termination is governed by the Form of Member Agreement and the Cooperative Bylaws.
2.6 Suspension and Termination by Subvert
Subvert reserves the right to suspend or terminate any account at any time for violation of these Terms, the Community Standards Policy, the AI Policy, or any other incorporated policy, or for any conduct that Subvert determines in its reasonable discretion to be harmful to the Service, its members, or the broader community. Where practicable, Subvert will provide notice and an opportunity to cure before terminating an account. For Cooperative members, account termination is subject to the additional procedural protections set out in the Form of Member Agreement and the Cooperative Bylaws.
3. Content & Uploads
3.1 What You Can Upload
Artist Members may upload the following content types to the Service at launch:
• Digital audio files in the following formats: MP3, FLAC, WAV, and AIFF. Additional formats may be supported in future at Subvert's discretion.
• Associated release artwork, images, and liner note materials.
3.2 Ownership and Rights
Subvert does not claim any ownership rights in your music or content. By uploading content to the Service, you represent and warrant that:
• You own or control all rights necessary to upload the content and to grant the licenses set forth in these Terms, including rights in the sound recording and, where applicable, the underlying musical composition.
• Your content does not infringe the intellectual property rights, privacy rights, or any other rights of any third party.
• You have obtained all necessary permissions from any identifiable individuals whose name or likeness appears in your content.
• If any agreement you have with a third party — including a performing rights organization, music publisher, union, or guild — prohibits you from granting the rights described in these Terms, you are not permitted to upload that content to the Service and you accept responsibility for any claims arising from doing so.
• Where you have provided PRO affiliation, publisher, ISRC, or ISWC information, you warrant that such information is accurate. Subvert is not responsible for incorrect disbursement resulting from inaccurate declarations.
3.3 License Grant to Subvert
By uploading content to the Service, you grant Subvert a worldwide, non-exclusive, royalty-free license to:
• Host, store, transcode, and back up your content on Subvert's servers and infrastructure.
• Reproduce, distribute, publicly perform, and publicly display your content solely for the purpose of operating the Service — including delivering Promotional Previews, processing purchases, and displaying your releases on your artist page.
• Use your artist name, release title, and release artwork in Subvert's own promotional and marketing materials, including on social media, in press coverage, and in platform communications, for the purpose of promoting your presence on the Service and promoting Subvert generally.
This license does not include the right to use your master recordings in paid advertising, film, television, or any other synchronization or commercial context without your separate prior written consent. Subvert will not license your music to third parties without your explicit authorization.
This license remains in effect for as long as your content is hosted on the Service and terminates when you remove your content, subject to any copies made in connection with completed purchases.
3.4 License Grant to Purchasers
When a user purchases a Digital Phonorecord Delivery through the Service, Subvert facilitates the delivery of that purchase to the buyer. The buyer receives a personal, non-commercial license to download and listen to the purchased content for their own private use. Purchased content may not be redistributed, resold, publicly performed, or used for any commercial purpose. The terms governing purchased content are set out in Section 5 (Purchases & Downloads).
3.5 Content You Are Responsible For
You are solely responsible for all content you upload. Subvert does not pre-screen uploaded content but reserves the right to remove content that violates these Terms, the Community Standards Policy, the AI Policy, or applicable law. Content removal procedures are set out in Section 10 (Content Removal & DMCA).
3.6 Covers and Third-Party Compositions
You may not upload cover recordings unless you have obtained a compulsory or voluntary mechanical license, or written authorization from the composition rights holder, sufficient to permit the reproduction and distribution of the cover through the Service. The obligation to obtain and maintain mechanical licenses for cover recordings is yours alone. Subvert does not obtain mechanical licenses on your behalf for cover recordings.
3.7 Compliance with Policies
All content uploaded to the Service must comply with the Subvert Community Standards Policy and the Subvert AI Policy, both incorporated by reference into these Terms. Content generated using artificial intelligence tools is subject to the additional requirements set out in the AI Policy. By uploading content you confirm that it complies with both policies as of the date of upload.
4. Promotional Previews
4.1 What a Promotional Preview Is
The Service allows visitors and account holders to listen to a single complete playback of a release before purchasing ("Promotional Preview"). A Promotional Preview is not an interactive stream and does not constitute a Digital Phonorecord Delivery. It is a promotional listening mechanism designed to facilitate purchase decisions.
4.2 Preview Limits
Each release may be previewed a maximum of three (3) times per account or device. After three plays, the Service will prompt the listener — depending on the artist's settings — to become a Cooperative member to unlock unlimited previews, or to purchase the release. This limit applies to all users including non-members and members who have not been granted unlimited preview access under Section 4.3.
4.3 Unlimited Previews for Members — Direct License
By default, Artist Members who upload content to the Service grant other Cooperative members an unlimited preview license for that content ("Direct License"). This means members may listen to any release on the Service without play limits, subject to the artist's opt-out rights described below.
The Direct License is granted by the uploading artist directly to Cooperative members. It is not a sublicense granted by Subvert. Subvert facilitates this license as part of its cooperative platform services but does not itself hold or grant the underlying listening rights.
4.4 Artist Opt-Out
Artist Members may disable the Direct License for any or all of their releases at any time through their account settings. Disabling the Direct License means that member listeners will be subject to the standard three-play limit for those releases. Subvert reserves the right to restrict preview functionality for specific releases or territories based on applicable law and licensing obligations, without advance notice where required by law.
4.5 Purchases Do Not Unlock Platform Playback
Purchasing a release through the Service delivers the purchased digital audio files to the buyer for download. Purchase does not unlock unlimited platform playback through the Service. Purchased content is governed by Section 5 (Purchases & Downloads).
4.6 Royalty Treatment of Promotional Previews
Promotional Previews as defined in Section 4.1 are not interactive streams. The royalty treatment of Promotional Previews is governed by applicable law and Subvert's licensing arrangements. Artist Members with questions about how Promotional Previews interact with their PRO or publisher agreements should contact us at info@subvert.fm.
5. Purchases & Downloads
5.1 What You Receive
When you purchase a release through the Service, you receive a personal, non-exclusive, non-transferable license to download and listen to the purchased digital audio files for your own private, non-commercial use. Purchase delivers download files only. It does not unlock unlimited platform playback through the Service.
At download, you may choose from the following formats: MP3 (320kbps), FLAC, WAV, and AIFF. The same purchase entitles you to download in any or all available formats.
5.2 Re-Downloads
You may re-download your purchased files at any time through your account. Subvert will make reasonable efforts to maintain access to purchased files indefinitely, but cannot guarantee permanent availability in the event that an artist removes their content from the Service, or if Subvert is required by law to remove content. We strongly encourage you to download and retain your own copies of purchased files promptly after purchase.
5.3 All Sales Final
All sales of digital content are final except as described in Section 5.4. Because digital files are delivered immediately upon purchase, we are generally unable to offer refunds for change of mind.
5.4 Refunds
Subvert handles all refund requests centrally. To request a refund, contact us at info@subvert.fm with your transaction ID and the reason for your request. We will issue refunds in the following circumstances:
• You purchased a release but have not yet downloaded any of the files. This is the only circumstance in which a refund will be issued without further investigation.
• The files you received contain a technical defect — corrupted audio, missing tracks, or a significant mismatch between what was described and what was delivered — and the issue cannot be resolved by re-downloading or by the artist re-uploading corrected files within five (5) business days of Subvert contacting the artist.
• We are required to issue a refund by applicable law.
Refund requests must be submitted within 180 days of the original purchase date. Refunds are issued to the original payment method. Where a refund is issued, your license to the purchased content is revoked and you must delete all downloaded copies.
Artist liability for refunds. Artist Members warrant that all uploaded files are complete, functional, and accurately described. If Subvert issues a refund to a buyer due to a defect in an artist's uploaded files, Subvert reserves the right to recover the refunded amount by deducting it from the artist's future payouts. Artists will be notified of any such deduction.
Fraud and abuse. Subvert reserves the right to suspend or terminate accounts — including both buyer and artist accounts — that generate a disproportionate number of refund requests or that show patterns consistent with coordinated refund fraud. Subvert further reserves the right to withhold artist payouts pending investigation of suspected fraud.
We reserve the right to decline refund requests that do not meet the criteria above.
5.5 Optional Contributions
At checkout, buyers have the option to make a contribution to the Subvert Cooperative in addition to the purchase price ("Optional Contribution"). Optional Contributions are separate from the artist's sale proceeds, are voluntary, and are non-refundable. Optional Contributions support the operations and mission of the Cooperative. The Board publishes an annual accounting of how Optional Contributions are used. Optional Contributions are governed in further detail by the Payment Policy.
5.6 Rights Reserve
A portion of each Digital Phonorecord Delivery sale is withheld as a Rights Reserve for the purpose of mechanical royalty administration. The Rights Reserve rate, disbursement logic, and payout timelines are governed by the Payment Policy. By completing a purchase, buyers acknowledge that a portion of the sale price is subject to this withholding.
5.7 Taxes
Subvert is required to collect and remit sales tax, VAT, or other applicable taxes on purchases in certain jurisdictions. Where applicable, taxes will be displayed at checkout and included in the total amount charged. Artists are solely responsible for their own income tax obligations arising from sales through the Service. Subvert will issue required tax forms to artists where obligated by applicable law.
5.8 Pricing
Artists set their own prices for releases on the Service. Subvert does not set minimum or maximum prices except as required by payment processing constraints. Artists may enable name-your-price functionality, allowing buyers to pay above the minimum price. Any amount paid above a stated minimum is treated as part of the purchase price for that release and is subject to the same terms as the base purchase, except that Optional Contributions made at checkout are governed by Section 5.5.
6. Optional Contributions
6.1 What Optional Contributions Are
At checkout, buyers may make a voluntary contribution to the Subvert Cooperative in addition to the purchase price of a release ("Optional Contribution"). Optional Contributions are separate from the artist's sale proceeds and go entirely to the Cooperative to support its operational costs. No portion of an Optional Contribution is deducted as a Rights Reserve or remitted to any third party.
6.2 How They Work
Optional Contributions are presented at checkout as a selection of preset amounts plus the option to enter a custom amount. They are entirely voluntary — declining to make a contribution does not affect your purchase or your access to the Service in any way.
6.3 Non-Refundable
Optional Contributions are non-refundable under all circumstances. By making an Optional Contribution, you acknowledge that it is a voluntary payment in support of the Cooperative's operations and that no goods or services are provided in exchange.
6.4 Transparency
The Board of Directors of Subvert Cooperative publishes an annual accounting of how Optional Contributions were used during the prior fiscal year. This accounting is made available to all members and the general public through the Service.
6.5 Tax Treatment
Optional Contributions are not tax-deductible charitable donations. Subvert Cooperative is not a registered charitable organization. Optional Contributions are voluntary payments to a cooperative and are treated accordingly for tax purposes.
7. Rights Reserve
7.1 What the Rights Reserve Is
A portion of the proceeds from each Digital Phonorecord Delivery ("DPD") facilitated through the Service is withheld by Subvert as a Rights Reserve. The Rights Reserve exists to fulfill Subvert's mechanical royalty obligations under applicable copyright law in connection with the reproduction and distribution of musical compositions through the Service. The Rights Reserve rate and disbursement mechanics are governed by the Payment Policy.
7.2 Who It Applies To
The Rights Reserve applies to all DPD transactions on the Service regardless of the artist's membership status, PRO affiliation, or publishing situation. All digital download sales are subject to the Rights Reserve deduction. Optional Contributions are not subject to the Rights Reserve.
7.3 Rights Declarations at Upload
At the time of upload, Artist Members are prompted to declare the following information about each release:
• Whether the work is registered with a performing rights organization or collective management organization, and if so, which one.
• Whether the work is administered by a music publisher, and if so, the publisher's name.
• ISRC codes for each sound recording.
• ISWC codes for the underlying musical composition, where available.
The disbursement logic applied to an artist's Rights Reserve funds is determined by the declarations made at upload. Where an artist has provided declarations, they warrant that those declarations are accurate. Artists may update their rights declarations after upload through their account settings. Updated declarations will apply to Rights Reserve funds accumulated from the date of the update forward. Subvert is not responsible for incorrect disbursement resulting from inaccurate or incomplete declarations.
7.4 How Rights Reserve Funds Are Disbursed
The disbursement of Rights Reserve funds depends on the artist's declared rights status at the time of the relevant sale. The five disbursement states and their corresponding treatment are set out in detail in the Payment Policy. In general terms:
• Artists who have declared no PRO affiliation and no publisher may receive their Rights Reserve funds released to them directly, subject to the Payment Policy terms.
• Artists who have declared a publisher or who have declared both a PRO affiliation and a publisher will have their Rights Reserve funds held for remittance to the appropriate party in accordance with applicable law and the Payment Policy.
• Artists who have made no declaration will have their Rights Reserve funds held as unclaimed pending a declaration or the expiration of the holding period described in Section 7.5.
7.5 Unclaimed Funds
Rights Reserve funds held as unclaimed because no rights declaration has been made will be held for a period of twenty-four (24) months from the date of the relevant sale. Artists are encouraged to complete their rights declarations promptly to ensure timely disbursement. After the twenty-four month holding period, unclaimed funds will be treated in accordance with applicable state escheatment laws and the Payment Policy. Subvert will make reasonable efforts to notify artists of unclaimed funds prior to the expiration of the holding period through the artist's account and registered email address.
7.6 Transparency
Subvert is committed to full transparency with respect to the Rights Reserve. Artists will have access to information about their Rights Reserve balances and disbursement status through their account. The specific mechanisms for viewing reserve balances and receiving disbursement notifications will be communicated to Artist Members as they are implemented. Questions about Rights Reserve balances or disbursements may be directed to info@subvert.fm.
7.7 Remittance Infrastructure
Subvert acknowledges that the infrastructure required to remit mechanical royalties directly to the MLC and other collecting organizations is currently in development. Rights Reserve funds held for remittance will be held securely until the appropriate remittance infrastructure is in place. Subvert will communicate updates on remittance timelines to Artist Members.
7.8 Artist Warranty
By uploading content to the Service and making sales through the Service, Artist Members warrant that their rights declarations are accurate and complete to the best of their knowledge. Artists who provide inaccurate declarations that result in incorrect Rights Reserve disbursement — including receiving funds they were not entitled to — may be required to reimburse Subvert for any resulting liability, including any amounts Subvert is required to pay to rights holders or collecting organizations as a result of the misrepresentation.
8. Payment Processing
8.1 Stripe
All payments through the Service are processed by Stripe, Inc. ("Stripe"). By making or receiving a payment through the Service, you agree to be bound by Stripe's terms of service, available at stripe.com/legal, and Stripe's privacy policy, available at stripe.com/privacy. Subvert is not responsible for any errors, failures, or interruptions in payment processing caused by Stripe.
8.2 Payment Processing Fees
Stripe charges payment processing fees on each transaction. These fees are deducted from each transaction separately from and in addition to any Rights Reserve deduction. Subvert's platform fee is 0% — Subvert does not take a revenue share from artist sales. The current Stripe fee schedule is available at stripe.com/pricing.
Where a single checkout includes purchases from one or more artists and an Optional Contribution to the Cooperative, Stripe's payment processing fee is calculated on the total checkout amount and allocated proportionally across all line items — including both artist sale proceeds and the Optional Contribution. The Cooperative bears its proportional share of the Stripe fee on any Optional Contribution received. Payment processing fees are non-refundable except where a transaction is voided before processing is complete.
8.3 Payouts to Artists
Artist payout amounts, timing, and minimum thresholds are governed by the Payment Policy. Subvert will make reasonable efforts to process payouts promptly and to communicate payout schedules clearly through the artist dashboard.
8.4 Currency
All transactions on the Service are processed in US dollars (USD) at launch. Currency conversion, where applicable, is handled by Stripe and may be subject to additional fees charged by Stripe or the artist's or buyer's financial institution. Subvert is not responsible for currency conversion rates or fees.
8.5 Failed Payments
If a payment fails for any reason — including insufficient funds, card decline, or bank error — the transaction will not be completed and no files will be delivered. Subvert is not responsible for losses arising from failed payments. If you believe a payment was charged but not processed correctly, contact us at info@subvert.fm with your transaction details.
8.6 Disputes and Chargebacks
If a buyer initiates a payment dispute or chargeback through their bank or card issuer, Subvert will respond to the dispute in accordance with Stripe's dispute resolution procedures. Artist Members acknowledge that chargebacks may result in the temporary withholding of payout amounts pending resolution. Repeated chargebacks on an artist's account may result in account review or suspension.
9. Prohibited Conduct
9.1 General
You agree not to use the Service in any way that violates these Terms, the Subvert Community Standards Policy, the Subvert AI Policy, or any applicable law or regulation. The following conduct is expressly prohibited. This list is illustrative and not exhaustive — Subvert reserves the right to determine that conduct not listed here is nonetheless prohibited where it is harmful to the Service, its members, or the broader community.
9.2 Scraping and Automated Data Collection
You may not use any automated tool, script, bot, crawler, spider, or other means to access, collect, copy, or monitor any content or data from the Service without Subvert's prior written consent. This prohibition applies regardless of whether the content is publicly accessible. Publicly accessible does not mean authorized. This includes but is not limited to scraping artist pages, release data, pricing information, member information, or any other content available through the Service.
9.3 AI Training
You may not use any content from the Service — including audio files, release artwork, metadata, artist information, or any other material — to train, fine-tune, or otherwise develop any artificial intelligence or machine learning model without the prior written consent of both Subvert and the relevant rights holder. This prohibition applies to content accessed through any means including purchase, preview, or scraping. Subvert enforces this prohibition on behalf of its Artist Members as a cooperative principle. Violations of this section may result in liquidated damages as set out in Section 9.10.
9.4 Redistribution of Purchased Downloads
You may not redistribute, share, resell, sublicense, or otherwise make available to any third party any digital audio files purchased through the Service. This includes but is not limited to sharing download links, uploading purchased files to file sharing services, torrenting, or any other form of unauthorized distribution. Your purchase grants you a personal, non-commercial license to download and listen to the files for your own private use only.
9.5 Circumvention of Technical Protection Measures
You may not circumvent, disable, or interfere with any technical protection measure, digital rights management system, access control, or other security feature implemented by Subvert in connection with the Service or its content. You may not use developer tools, browser extensions, or any other method to extract, capture, or reproduce audio streams, download files, or access content in a manner not expressly permitted by these Terms. You may not publish, distribute, or make available instructions, tools, or methods for circumventing any such measures. This section is consistent with and in addition to your obligations under the Digital Millennium Copyright Act, 17 U.S.C. § 1201.
9.6 Harassment
You may not use the Service to harass, threaten, intimidate, bully, or abuse any other user, artist, or Subvert staff member. This includes conduct through any communication feature of the Service including messages, comments, and public posts. Harassment is governed in further detail by the Subvert Community Standards Policy.
9.7 Spam and Unsolicited Communications
You may not use the Service to send unsolicited commercial messages, promotional content, or spam to other users. You may not use contact information obtained through the Service to communicate with users outside the Service for commercial purposes without their consent.
9.8 Impersonation
You may not create an account, post content, or communicate in a manner that falsely represents you as another artist, label, individual, or as Subvert itself. This includes creating accounts with names, artwork, or descriptions designed to mislead other users into believing they are interacting with a different person or entity.
9.9 Commercial Use of Purchased Content
You may not use purchased digital audio files for any commercial purpose including but not limited to synchronization in film, television, advertising, or other media; public performance in a commercial setting; or resale in any form. Commercial use of any content from the Service requires a separate license from the relevant rights holder. Purchasing a release through the Service does not grant any commercial license.
9.10 Liquidated Damages
For violations of Section 9.3 (AI Training), you agree that the harm caused to Subvert and its Artist Members is difficult to quantify and that $150,000 per work affected represents a reasonable estimate of such harm. This amount is a liquidated damages figure and not a penalty. You acknowledge that this amount is reasonable in light of the anticipated harm. Nothing in this section limits Subvert's right to seek injunctive or other equitable relief in addition to liquidated damages.
This figure is subject to review by legal counsel and may be updated prior to launch.
9.11 Consequences
Subvert's response to prohibited conduct is at its discretion depending on the nature and severity of the violation and may include one or more of the following: a warning, temporary suspension of account access, permanent termination of account access, removal of content, withholding of payouts pending investigation, referral to law enforcement, and pursuit of civil remedies including the liquidated damages described in Section 9.10. Subvert is not obligated to provide notice before taking action where the conduct poses an immediate risk to the Service or its members.
10. Content Removal & DMCA
10.1 Subvert's Right to Remove Content
Subvert reserves the right to remove or disable access to any content on the Service at any time and without prior notice if Subvert determines in its reasonable discretion that the content violates these Terms, the Subvert Community Standards Policy, the Subvert AI Policy, applicable law, or the rights of any third party. Where practicable, Subvert will notify the uploading artist of the removal and the reason for it.
10.2 DMCA Safe Harbor
Subvert respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act, 17 U.S.C. § 512 ("DMCA"). Subvert qualifies as a service provider under the DMCA and maintains the protections afforded by the DMCA safe harbor for user-uploaded content.
10.3 Submitting a Takedown Notice
If you believe that content available through the Service infringes your copyright, you may submit a written takedown notice to Subvert at info@subvert.fm. To be valid, your notice must include all of the following:
• A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
• Identification of the copyrighted work claimed to have been infringed, or if multiple works are covered, a representative list.
• Identification of the material claimed to be infringing and information reasonably sufficient to permit Subvert to locate it, including the URL of the relevant page.
• Your contact information including your name, address, telephone number, and email address.
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement that the information in the notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Incomplete notices may not be acted upon. Submitting a false or materially misleading takedown notice may expose you to liability under the DMCA and applicable law.
10.4 Notification to Uploading Artist
Upon receipt of a valid takedown notice, Subvert will promptly remove or disable access to the identified content and will notify the Artist Member who uploaded the content of the takedown. The notification will include a copy of the takedown notice and an explanation of the artist's right to submit a counter-notice.
10.5 Counter-Notice
If you are an Artist Member whose content has been removed pursuant to a takedown notice and you believe the removal was made in error or that you have the right to use the content, you may submit a written counter-notice to info@subvert.fm. To be valid, your counter-notice must include:
• Your physical or electronic signature.
• Identification of the material that has been removed and the location at which it appeared before removal.
• A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification.
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located, or for any judicial district in which Subvert may be found if your address is outside the United States, and that you will accept service of process from the complainant.
Upon receipt of a valid counter-notice, Subvert will forward it to the original complainant and will restore the removed content within ten (10) to fourteen (14) business days unless the complainant notifies Subvert that it has filed a court action seeking to restrain the allegedly infringing activity.
10.6 Repeat Infringer Policy
Artist Members who receive three or more valid DMCA takedown notices — meaning notices that were not successfully resolved by a counter-notice — will have their accounts terminated. Subvert reserves the right to terminate accounts after fewer than three notices where the nature of the infringement warrants it. Terminated accounts are not eligible for reinstatement except at Subvert's sole discretion.
10.7 Cooperative Enforcement
Subvert enforces intellectual property rights on behalf of its Artist Members as a cooperative principle. Where Subvert becomes aware of infringement of an Artist Member's content — whether by users of the Service or by third parties — Subvert may take action to protect that content on the artist's behalf, including issuing takedown notices to third-party platforms, pursuing legal remedies, and cooperating with law enforcement. Artist Members who wish to authorize Subvert to act on their behalf in this capacity may do so through their account settings.
10.8 Designated Agent
Subvert's designated agent for receipt of DMCA notices is:
Subvert Cooperative LCA
Attn: DMCA Agent
info@subvert.fm
11. User Conduct & Community Standards
11.1 Community Standards Policy
All users of the Service are required to comply with the Subvert Community Standards Policy, incorporated into these Terms by reference and available at subvert.fm/community-standards. The Community Standards Policy governs the conduct expected of all users including but not limited to the content they upload, the communications they send, and the way they interact with other members of the community. In the event of any conflict between this Section 11 and the Community Standards Policy, the Community Standards Policy shall control with respect to specific conduct matters.
11.2 User Responsibility for Content
You are solely responsible for all content you upload, post, or otherwise make available through the Service. Subvert does not pre-screen user-generated content and is not liable for any content uploaded by users. The fact that content is available through the Service does not mean Subvert has reviewed, endorsed, or approved it.
11.3 Reporting Violations
If you encounter content or conduct on the Service that you believe violates these Terms or the Community Standards Policy, you may report it to Subvert at info@subvert.fm or through any reporting mechanism made available within the Service. Subvert will review reports in good faith and take action where it determines a violation has occurred. Subvert is not obligated to take any particular action in response to a report and will not disclose the outcome of individual investigations to reporting parties except where required by applicable law.
11.4 Content Moderation
Subvert moderates the Service using human review. Subvert does not use fully automated decision-making to remove content or terminate accounts without human oversight. Moderation decisions are made in accordance with these Terms, the Community Standards Policy, and Subvert's cooperative values.
11.5 Actions Subvert May Take
In response to a violation of these Terms or the Community Standards Policy, Subvert may at its discretion take one or more of the following actions depending on the nature and severity of the violation:
• Issue a warning to the relevant user.
• Remove or disable access to specific content.
• Temporarily suspend account access.
• Permanently terminate account access.
• Withhold payouts pending investigation.
• Report conduct to law enforcement where required by law or where Subvert determines it is appropriate to do so.
11.6 Appeals — Cooperative Members
Cooperative members whose content has been removed or whose account has been suspended or terminated by Subvert — other than pursuant to a DMCA takedown notice, which is governed by Section 10 — may submit a written appeal to info@subvert.fm within thirty (30) days of the action. Appeals must include the member's account information, a description of the action being appealed, and the grounds for the appeal. Subvert will review appeals in good faith and respond within a reasonable timeframe. The outcome of an appeal is at Subvert's discretion and is final.
Non-member account holders do not have a right of appeal. Subvert may in its discretion consider informal requests from non-members but is not obligated to do so.
11.7 No Liability for User Content
Subvert is not liable for any content uploaded, posted, or transmitted by users of the Service including Artist Members, labels, and buyers. This includes content that is inaccurate, incomplete, offensive, unlawful, or that infringes the rights of any third party. Subvert's liability with respect to user-generated content is further limited by Section 14 (Disclaimers, Limitation of Liability & Dispute Resolution).
11.8 Cooperative Values
Subvert is a cooperative platform governed by and for its members. Enforcement of these Terms and the Community Standards Policy is carried out in a manner consistent with cooperative principles — with transparency, proportionality, and a commitment to the wellbeing of the community as a whole. Subvert will publish an annual report on content moderation activity, including the number of reports received, actions taken, and appeals resolved, made available to all members and the general public.
12. Intellectual Property & Platform Rights
12.1 Ownership of Platform IP
The Subvert platform, website, software, code, design, brand assets, trademarks, and all associated intellectual property (collectively, "Platform IP") are owned by Subvert Incorporated, PBC, a Delaware public benefit corporation. Subvert Cooperative LCA operates the Service under license from Subvert Incorporated, PBC. References to "Subvert" in this Section 12 refer to both entities with respect to their respective interests in the Platform IP.
12.2 Trademarks
The name "Subvert," the Subvert logo, subvert.fm, and all associated brand assets are trademarks or service marks of Subvert Incorporated, PBC. Nothing in these Terms grants you any right to use any Subvert trademark, trade name, logo, or brand asset without the prior written consent of Subvert Incorporated, PBC. Unauthorized use of Subvert trademarks in a manner likely to cause confusion, to disparage Subvert, or to suggest endorsement or affiliation with Subvert is prohibited.
12.3 Platform License to Users
Subject to your compliance with these Terms, Subvert grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purposes — browsing releases, making purchases, uploading and selling content as an Artist Member, and participating in the Subvert community. This license does not include the right to:
• Copy, modify, distribute, sell, or lease any part of the Service or its underlying software or code.
• Reverse engineer, decompile, or attempt to extract the source code of any part of the Service.
• Use the Service or any part of it to build a competing product or service.
• Use Subvert's trademarks, brand assets, or design elements in any context not expressly permitted by these Terms.
12.4 Embed License
Subvert provides an embed feature that allows users to embed release players on third-party websites and platforms ("Embed Feature"). By using the Embed Feature, you are granted a limited, non-exclusive, non-transferable license to display the embedded player on your website or platform for the purpose of promoting the relevant release and facilitating purchases through the Service. The Embed Feature may only be used in compliance with these Terms and the Subvert Community Standards Policy. You may not modify, reverse engineer, or extract any content from the embedded player beyond what is made available through the player's standard functionality. Subvert reserves the right to modify or discontinue the Embed Feature at any time.
Third-party websites that host embedded players are responsible for ensuring that their use of the Embed Feature complies with their own applicable laws and terms of service. Subvert is not responsible for the content or conduct of third-party websites that use the Embed Feature.
12.5 Artist IP
Nothing in these Terms transfers ownership of any artist's intellectual property to Subvert. Artist Members retain full ownership of their sound recordings, musical compositions, artwork, and all other content they upload to the Service. The license granted by Artist Members to Subvert in Section 3.3 is limited to what is necessary to operate the Service and does not constitute a transfer of ownership.
12.6 Feedback
If you provide Subvert with any feedback, suggestions, ideas, or other input regarding the Service ("Feedback"), you grant Subvert a perpetual, irrevocable, worldwide, royalty-free license to use, incorporate, and build upon that Feedback in connection with the Service without any obligation to you. You represent that any Feedback you provide is your own and does not infringe the rights of any third party. Subvert is not obligated to act on any Feedback.
13. Privacy & Data
13.1 Privacy Policy
Subvert's collection, use, and handling of personal data is governed by the Subvert Privacy Policy, available at subvert.fm/privacy-policy, which is incorporated into these Terms by reference. By using the Service you acknowledge that you have read the Privacy Policy and agree to its terms. In the event of any conflict between this Section 13 and the Privacy Policy, the Privacy Policy shall control with respect to specific data matters.
13.2 Data You Provide
In order to use the Service you will provide Subvert with certain personal data including your email address and, where applicable, payment information processed by Stripe. Subvert collects and uses this data in accordance with the Privacy Policy. Subvert does not sell your personal data to third parties and does not permit third-party advertisers to target you through the Service.
13.3 Communications
Subvert may send you communications related to your use of the Service including transaction confirmations, account notifications, Rights Reserve updates, and platform announcements. These communications are essential to the operation of the Service and cannot be opted out of while your account is active.
Subvert may also send non-essential communications including newsletters, editorial content, and promotional updates. You may opt out of non-essential communications at any time through your account settings or by following the unsubscribe instructions included in any such communication. Opting out of non-essential communications does not affect your receipt of essential communications.
13.4 Buyer and Artist Data
When a sale is completed through the Service, the selling artist or label receives the username of the buyer associated with the transaction. No other personally identifying information about the buyer is shared with the artist or label. Buyer email addresses, payment details, and any other personal data are not disclosed to artists or labels except as required by applicable law or as described in the Privacy Policy.
Buyers acknowledge that their username will be visible to artists whose releases they purchase and that this is a necessary and proportionate part of operating a direct-to-fan marketplace.
13.5 Cooperative Member Data
Subvert Cooperative is required to maintain certain member records under the Colorado Uniform Limited Cooperative Association Act, including member names and addresses. The collection and retention of this data is a legal obligation and is described in the Privacy Policy. Member data is not shared with third parties except as required by law or as necessary to operate the Service.
13.6 Your Rights
Depending on where you are located, you may have rights with respect to your personal data including the right to access, correct, delete, or restrict processing of your data. Details of your rights and how to exercise them are set out in the Privacy Policy. To make a data request, contact Subvert at info@subvert.fm.
13.7 Cookies and Tracking
Subvert uses cookies and similar tracking technologies in connection with the Service. Details of the cookies used and how to manage your cookie preferences are set out in the Privacy Policy and in Subvert's cookie consent mechanism, which will be presented to you on your first visit to the Service.
14. Disclaimers, Limitation of Liability & Dispute Resolution
14.1 Disclaimer of Warranties
The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, Subvert disclaims all warranties including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Subvert does not warrant that the Service will be uninterrupted, error-free, or free of viruses or other harmful components. Subvert does not warrant that any content available through the Service is accurate, complete, or reliable.
Nothing in this Section 14.1 limits the warranties Subvert makes with respect to the delivery of purchased digital files, which are governed by Section 5.
14.2 Limitation of Liability
To the fullest extent permitted by applicable law, Subvert's total liability to you for any claim arising out of or relating to these Terms or your use of the Service — whether in contract, tort, strict liability, or otherwise — shall not exceed one hundred dollars ($100). This cap applies regardless of the nature of the claim, the number of claims, or whether Subvert has been advised of the possibility of such damages.
To the fullest extent permitted by applicable law, Subvert shall not be liable for any indirect, incidental, special, consequential, or punitive damages including but not limited to loss of profits, loss of data, loss of goodwill, or business interruption, arising out of or relating to these Terms or your use of the Service.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liability. In those jurisdictions, the above exclusions and limitations apply to the fullest extent permitted by law.
14.3 Indemnification
You agree to indemnify, defend, and hold harmless Subvert Cooperative LCA, Subvert Incorporated PBC, and their respective directors, officers, employees, agents, and members from and against any claims, liabilities, damages, losses, and expenses — including reasonable legal fees — arising out of or relating to your use of the Service, your violation of these Terms, your violation of any third party's rights, or any content you upload or make available through the Service.
14.4 Dispute Resolution — Cooperative Members
Subvert is a cooperative and is committed to resolving disputes with its members through cooperative governance processes before resorting to external legal proceedings.
If you are a Cooperative member and have a dispute arising out of or relating to these Terms, your membership, or your use of the Service, you agree to first submit your dispute to Subvert's internal dispute resolution process by sending a written description of the dispute to info@subvert.fm. Subvert will acknowledge receipt within five (5) business days and will work with you in good faith to resolve the dispute through the Cooperative's governance processes.
If the dispute is not resolved through internal processes within sixty (60) days of submission, either party may escalate the dispute to non-binding mediation before a mutually agreed mediator. The costs of mediation shall be shared equally between the parties.
If mediation fails to resolve the dispute, either party may pursue their claims in the state or federal courts located in New York. Both parties consent to personal jurisdiction in New York. Nothing in this section prevents either party from seeking emergency injunctive or other equitable relief where necessary to prevent irreparable harm.
14.5 Dispute Resolution — Non-Members
If you are not a Cooperative member and have a dispute arising out of or relating to these Terms or your use of the Service, you agree to first attempt to resolve the dispute informally by contacting Subvert at info@subvert.fm with a written description of your dispute. Subvert will make reasonable efforts to resolve the dispute informally within thirty (30) days.
If the dispute is not resolved informally, either party may pursue their claims in the state or federal courts located in New York. Both parties consent to personal jurisdiction in New York.
14.6 No Class Actions
To the fullest extent permitted by applicable law, you agree that any dispute resolution proceeding — whether through internal processes, mediation, or litigation — will be conducted on an individual basis and not as a class action, collective action, or representative proceeding.
14.7 Governing Law
These Terms are governed by the laws of the State of New York without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
14.8 Time Limitation on Claims
Any claim arising out of or relating to these Terms or your use of the Service must be brought within one (1) year of the date on which the claim arose. Claims not brought within this period are permanently barred.
15. Miscellaneous
15.1 Entire Agreement
These Terms, together with the Subvert Privacy Policy, the Subvert Payment Policy, the Subvert AI Policy, and the Subvert Community Standards Policy, constitute the entire agreement between you and Subvert with respect to your use of the Service and supersede all prior or contemporaneous agreements, representations, and understandings relating to the same subject matter. For Cooperative members, the Form of Member Agreement and the Subvert Cooperative Bylaws form part of the full agreement governing membership and take precedence over these Terms in the event of any conflict.
15.2 Severability
If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or severed from these Terms if modification is not possible, and the remaining provisions will continue in full force and effect.
15.3 Waiver
Subvert's failure to enforce any provision of these Terms at any time does not constitute a waiver of that provision or of any other provision. No waiver of any provision of these Terms will be effective unless made in writing and signed by an authorized representative of Subvert.
15.4 Assignment
You may not assign or transfer any of your rights or obligations under these Terms without Subvert's prior written consent. Subvert may assign these Terms or any of its rights or obligations hereunder without restriction, including in connection with a merger, acquisition, or sale of assets, provided that the assignee assumes all of Subvert's obligations under these Terms. Any purported assignment in violation of this section is void.
15.5 Notices
By creating an account and using the Service, you agree to receive formal notices from Subvert by email to the address associated with your account. It is your responsibility to keep your email address current and to ensure that Subvert's communications are not filtered as spam. Notices sent by Subvert to your registered email address are deemed received when sent. Notices from you to Subvert must be sent to info@subvert.fm and are deemed received when acknowledged by Subvert.
15.6 Force Majeure
Subvert is not liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond Subvert's reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, civil unrest, government action, power outages, internet service disruptions, or failures of third-party service providers including Stripe. Subvert will make reasonable efforts to resume normal operations as quickly as possible following any such event.
15.7 Relationship of the Parties
Nothing in these Terms creates any partnership, joint venture, employment, agency, or fiduciary relationship between you and Subvert. You are an independent user of the Service. Artist Members who are also Cooperative members have additional rights and obligations governed by the Form of Member Agreement and the Cooperative Bylaws, but those rights do not create an employment or agency relationship with Subvert.
15.8 Cooperative Principles
Subvert is a cooperative platform and these Terms are interpreted and applied in a manner consistent with cooperative principles — including democratic governance, member ownership, equitable treatment, and transparency. Where these Terms are ambiguous, the interpretation most consistent with cooperative values and the interests of the Subvert community as a whole shall be preferred.
15.9 Document Hierarchy
For the avoidance of doubt, the following hierarchy governs in the event of any conflict between documents binding on Cooperative members:
1. The Subvert Cooperative Bylaws take precedence over all other documents.
2. The Form of Member Agreement takes precedence over these Terms and all incorporated policies.
3. These Terms take precedence over the Payment Policy, the Privacy Policy, the Subvert AI Policy, and the Subvert Community Standards Policy, except with respect to the specific subject matter of each such policy.
4. The Payment Policy, Privacy Policy, Subvert AI Policy, and Community Standards Policy are of equal precedence with respect to their specific subject matters.
15.10 Language
These Terms are written in English. If these Terms are translated into any other language, the English version shall prevail in the event of any conflict or inconsistency between the English version and any translation.
15.11 Contact
For general questions about these Terms or the Service, contact Subvert at:
Subvert Cooperative LCA
info@subvert.fm
subvert.fm
Subvert Cooperative LCA — Terms of Use — Version 1.0 — Last Updated: April 6, 2026
subvert.fm — info@subvert.fm